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2017-12-12Meridian City Council Meeting Agenda Tuesday, December 12, 2017 – Page 1 of 5 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, December 12, 2017 at 3:00 PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __X___ Genesis Milam __X___ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Approve Minutes of November 28, 2017 City Council Regular Meeting B. Swindell Subdivision Sewer and Water Main Easement #2 C. Swindell Subdivision Sewer and Water Main Easement #3 D. Swindell Subdivision Sewer and Water Main Easement #4 E. Madden Subdivision Water Main Easement #1 F. Madden Subdivision Water Main Easement #2 G. Madden Subdivision Water Main Easement #3 H. Madden Subdivision Water Main Easement #4 I. Madden Subdivision Water Main Easement #5 J. Caven Ridge East Water Main Easement K. Joint No. 2 Subdivision Phase 1 Easement Partial Release L. Oaks South Subdivision No. 6 Pathway Agreement CITY COUNCIL WORKSHOP MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, December 12, 2017 – Page 2 of 5 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. M. Development Agreement for Sky Mesa Subdivision (H-2107-0068) with Blackrock, LLC/Triple D Land and Livestock, LLC and Sky Mesa Development, LLC located at 5899 S. Eagle Road, in the east ½ of Section 32, Township 3 North, Range 1 East. (Parcel No.: R0988262000; R0988260164; and R0988260490) N. Development Agreement for Gensco (H-2017-0098) with Kobe, LLC located at the northeast corner of N. Locust Grove Road and E. Franklin Road, in the SW ¼ of Section 8, Township 3 North, Range 1 East. (Parcel No.: S1108336020) O. Final Order for Brickyard Subdivision No. 3 (H-2017-0144) by John Carpenter located at 3611 N. Centrepoint Way P. Final Order for Brickyard Subdivision No. 4 (H-2017-0143) by John Carpenter located at 3611 N. Centrepoint Way Q. Final Order for Shelburne No. 2 (H-2017-0148) by Shelburne Properties LLC Located East of S. Eagle Road on the South Side of E. Zaldia Lane R. Final Order for Oaks South Subdivision No. 7 (H-2017-0147) by Toll ID I, LLC Located on the South Side of W. McMillan Road, approximately 1/2 mile west of N. Black Cat Road S. Final Order for Oaks South Subdivision No. 8 (H-2017-0146) by Toll ID I, LLC Located on the South Side of W. McMillan Road, approximately 1/2 mile west of N. Black Cat Road T. Final Order for Rockbury Subdivision (H-2017-0131) by Rock Harbor Church, Inc. located at 6437 N. Tree Haven Way U. Findings of Fact, Conclusions of Law for East Ridge Estates Subdivision (H-2017-0129) by DevCo, LLC located north of E. Lake Hazel Road, west of S. Eagle Road V. Findings of Fact, Conclusions of Law for Swindell Subdivision (H-2017- 0145) by Volante Investments, LLLP is located off the northwest corner of S. Locust Grove Road and E. Overland Road W. First Amendment To Agreement For Extension Of Domestic Sewer Service Outside Meridian City Limits: 1035 E. Fairview Avenue X. Temporary Construction Easement for ACHD for Linder Road Widening Project Y. Resolution No. 17-2051: Accepting the 2018 Initial Point Gallery Schedule Meridian City Council Meeting Agenda Tuesday, December 12, 2017 – Page 3 of 5 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. Z. Professional Services Agreement For Concert Series Production Services with WineGlass Arts Development for an amount not to exceed $20,000 AA. AP Invoices for Payment - $1,218,727.61 5. Items Moved From the Consent Agenda 6. Community Items/Presentations A. Invitation to City Council to View Meridian Historical Society Collections by Lila Hill B. Impact Fee Committee Presentation Schedule Public Hearing C. Solid Waste Advisory Committee Report and Recommendation of Two Community Recycling Fund Applications for Approval Approved 7. Department Reports A. Information Technology: Annual Department Report B. City Clerk's Office: Annual Department Report C. Legal: Proposed Updates to Nuisance Code D. Community Development: Meridian's Slum and Blight Plan and Area Designation Continued to January 16, 2018 1. Resolution No.17-2052: A resolution approving submission and adoption of the City of Meridian Slum and Blight Plan and Area Designation to the United States Department of Housing and Urban Development; authorizing the Mayor and City Clerk to execute and attest the same on behalf of the City of Meridian; and approving an effective date. E. Community Development: Status Update of 2017 Comprehensive Plan Amendment F. Community Development: Rim Policies Update G. Fire Department: Proposed Update to Public Fireworks Display Permit H. Fire Department: Station #6 Architectural Update Meridian City Council Meeting Agenda Tuesday, December 12, 2017 – Page 4 of 5 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. I. Legal: Small Cell Agreement Discussion J. Public Works: Proposed Update to MCC 9-4-24 K. Public Works: Budget Amendment for FY2018 in the Amount of $20,000 for Completion of the Well 29 Project Approved L. Public Works: Budget Amendment for FY2018 in the Amount of $77,500 for L2 Excavation LLC'S Contract for the Collection Equipment Facility Construction Project Approved 8. Ordinances A. Ordinance No.17-1756: (Sky Mesa Subdivision H-2017-0078) An Ordinance of the City of Meridian granting annexation and zoning of all of the Parcels of Land located in the E ½ of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in the attached Exhibit “A”; Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of Said Lands of 54.01 Acres of Land from RUT to R-4 (Medium Low Density Residential District)(26.57 acres) and R-8 (Medium Density Residential District)(27.44 acres) and the Rezone of 38.87 Acres of Land from R-2 (Low Density Residential District) to R-4 (Medium Low Density Residential District); 6.26 Acres of Land from R-2 (Low Density Residential District) to R-8 (Medium Density Residential District); and .88 acres from R-4 (Medium Low Density Residential District) to R-8 (Medium density Residential District) in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for An Effective Date. Approved B. Ordinance No. 17-1757: (Gensco H-2017-0098) An Ordinance of the City of Meridian granting the re-zone of Land lying in the W ½ of the SW ¼ of the SW ¼ of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in the attached Exhibit “A”; Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of Said Lands from C-G (General Commercial District) to I-L (Light Industrial District) in the Meridian City Code; Providing that Copies Meridian City Council Meeting Agenda Tuesday, December 12, 2017 – Page 5 of 5 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. of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for An Effective Date. Approved 9. Future Meeting Topics 10. Executive Session per Idaho State Code 74-206(1)(a): To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need and 74-206(1)(c): To acquire an interest in real property which is not owned by a public agency. Into Executive Session at 7:17pm Out of Executive Session at 9:26pm Adjourned at 9:26pm Meridian City Council Workshop December 12, 2017. A meeting of the Meridian City Council was called to order at 3:02 p.m., Tuesday, December 12, 2017, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Ty Palmer, Luke Cavener, Genesis Milam and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Caleb Hood, Jeff Lavey, Mark Niemeyer, Charlie Butterfield, Joe Bongiorno. Warren Stewart, Clint Dolsby, Mike Barton, Caleb Hood, Steve Siddoway, Dave Tiede, Chris Pope, Keith Watts 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 __X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and start tonight's -- or today's meeting. For the record it is Tuesday, December 12th. It's a couple minutes after 3:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item 3 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda we have two ordinances, Ordinance 17-1756 and 17-1757. And with that I move we adopt the agenda as published. Borton: Second. Meridian City Council Workshop December 12, 2017 Page 2 of 87 De Weerd: I have a motion and a second to adopt the agenda as published. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 4: Consent Agenda A. Approve Minutes of November 28, 2017 City Council Regular Meeting B. Swindell Subdivision Sewer and Water Main Easement #2 C. Swindell Subdivision Sewer and Water Main Easement #3 D. Swindell Subdivision Sewer and Water Main Easement #4 E. Madden Subdivision Water Main Easement #1 F. Madden Subdivision Water Main Easement #2 G. Madden Subdivision Water Main Easement #3 H. Madden Subdivision Water Main Easement #4 I. Madden Subdivision Water Main Easement #5 J. Caven Ridge East Water Main Easement K. Joint No. 2 Subdivision Phase 1 Easement Partial Release L. Oaks South Subdivision No. 6 Pathway Agreement M. Development Agreement for Sky Mesa Subdivision (H-2107- 0068) with Blackrock, LLC/Triple D Land and Livestock, LLC and Sky Mesa Development, LLC located at 5899 S. Eagle Road, in the east ½ of Section 32, Township 3 North, Range 1 East. (Parcel No.: R0988262000; R0988260164; and R0988260490) N. Development Agreement for Gensco (H-2017-0098) with Kobe, LLC located at the northeast corner of N. Locust Grove Road and E. Franklin Road, in the SW ¼ of Section 8, Township 3 North, Range 1 East. (Parcel No.: S1108336020) O. Final Order for Brickyard Subdivision No. 3 (H-2017-0144) by John Carpenter located at 3611 N. Centrepoint Way Meridian City Council Workshop December 12, 2017 Page 3 of 87 P. Final Order for Brickyard Subdivision No. 4 (H-2017-0143) by John Carpenter located at 3611 N. Centrepoint Way Q. Final Order for Shelburne No. 2 (H-2017-0148) by Shelburne Properties LLC Located East of S. Eagle Road on the South Side of E. Zaldia Lane R. Final Order for Oaks South Subdivision No. 7 (H-2017-0147) by Toll ID I, LLC Located on the South Side of W. McMillan Road, approximately 1/2 mile west of N. Black Cat Road S. Final Order for Oaks South Subdivision No. 8 (H-2017-0146) by Toll ID I, LLC Located on the South Side of W. McMillan Road, approximately 1/2 mile west of N. Black Cat Road T. Final Order for Rockbury Subdivision (H-2017-0131) by Rock Harbor Church, Inc. located at 6437 N. Tree Haven Way U. Findings of Fact, Conclusions of Law for East Ridge Estates Subdivision (H-2017-0129) by DevCo, LLC located north of E. Lake Hazel Road, west of S. Eagle Road V. Findings of Fact, Conclusions of Law for Swindell Subdivision (H-2017-0145) by Volante Investments, LLLP is located off the northwest corner of S. Locust Grove Road and E. Overland Road W. First Amendment To Agreement For Extension Of Domestic Sewer Service Outside Meridian City Limits: 1035 E. Fairview Avenue X. Temporary Construction Easement for ACHD for Linder Road Widening Project Y. Resolution No. 17-2051: Accepting the 2018 Initial Point Gallery Schedule Meridian City Council Meeting Agenda Z. Professional Services Agreement For Concert Series Production Services with WineGlass Arts Development for an amount not to exceed $20,000 AA. AP Invoices for Payment - $1,218,727.61 De Weerd: Item 4 is the Consent Agenda. Meridian City Council Workshop December 12, 2017 Page 4 of 87 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approved the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 5: Items Moved From the Consent Agenda De Weerd: There were no items move from the Consent Agenda. Item 6: Community Items/Presentations A. Invitation to City Council to View Meridian Historical Society Collections by Lila Hill De Weerd: So, we will move into Item 6-A, which is a community presentation. Thank you, Lila, for joining us. If you want to pull the mic down. Hill: I did not fix a presentation, because I know your time is valuable, but I would like to invite all of you to come for a guided tour of the archives holdings, which we have in the basement, which have been gathered in the past 30 years by volunteers and I think that with -- we might let Keith come, too. I think he's done this once, but with several coming on Council or that have not been to one of these, I think it would help the Council perhaps to know where we have been, what we have, and what we are doing while we are in there. So, set your own time. We could do it in two groups. We could do it daytime. We could do it during vacation. So, just let us know what your pleasure is. De Weerd: Thank you. Bird: Thank you, Lila. De Weerd: Council, would you like April to maybe coordinate a couple of dates? Meridian City Council Workshop December 12, 2017 Page 5 of 87 Milam: That would be great. Cavener: That would be great and perhaps maybe before one of our regular Council meetings. We can do it earlier in the -- or later in the afternoon, but before our meeting. De Weerd: Okay. Cavener: That would be great. I'd love to come do that. De Weerd: Okay. Hill: We can do that. De Weerd: Awesome. Well, that would mean probably we will look at a couple of dates in January. Hill: Okay. Sounds great. De Weerd: Thank you, Lila. Bird: Thanks, Lila. B. Impact Fee Committee Presentation De Weerd: Okay. Item 6-B under our impact fee committee for their presentation and I think, Matt, you will be leading the discussion. Or did you know that? Adams: Yes. Good afternoon. I apologize I woke up with a little bit of a cold, so you have to take it easy on me today if you could. De Weerd: Okay. Adams: So, thanks for having us here today. I do have -- it's not just me, it's the Impact Advisory -- Impact Fee Advisory Committee is the group -- most of us are here and also to Todd Lavoie and Jenny Fields, which have -- they have been helping us a ton and they have been excellent. So, the staff has been a super helpful part of our committee. Most of the folks on our committee -- we have been on this group since 2013 or so and we are going to talk to you today -- there we go. Perfect. Okay. So, you can see the agenda there. Really, what we want to talk about -- so, in 2014 the -- we had a consultant -- you had a consultant that came and presented a proposed rate for impact fees and our role at the time of the committee -- we review those, we ask questions, we worked with fire, parks and police to really try to understand and see what an appropriate rate was. So, what has spurred this meeting is -- if you rewind way back to 2014, the Council accepted a slightly lower rate and our committee was -- was surprised. We -- we actually didn't understand why -- we weren't sure why. So, we Meridian City Council Workshop December 12, 2017 Page 6 of 87 thought we better get ourselves educated and understand the process better than we did at that time. So, we have met quarterly ever since that rate adoption in '14. So, for about three years we have been working really hard at getting educated and at outreach. So, some of the things we have done -- we have done facility tours for parks, fire and police and worked on getting a better understanding of what they do, what their challenges are, what kind of facilities they are building and they own. We have had presentations from Ada County Highway District on how they do their impact fees and we have also had some presentations from the development community on what does it -- what does it really cost to develop a project, because there is entitlements and there is a lot of up front work that the general public doesn't necessarily understand and we also, in the outreach side, we have attended one of the Building Contractors Association meetings and presented some information to them as well. So, we have got a really good 12 meetings or whatever it's been. Really understanding the process better. So, after all that work and educating, we did decide that we -- maybe if you could advance one. Let me back up. So, this -- so, to give you a little bit of background -- so, we have been doing that education. Let's go back and these are the fees that you adopted in 2014 and just know -- nothing magical here, we just want to show you what they were. Then next. This is what was proposed in 2014 and, then, we can see the side by side for the next -- okay. So, you have there on the left, then, the adopted fees. On the right the proposed fees. And, then, the difference down below. Okay. So, you can see that there was a slight difference and a slight reduction in the recommended fee that was accepted. The reason we are here today is we want to ask Council to kind of think through -- take some time to think on this -- what was adopted and we want to propose two options. We want to propose that at this time Council accepts the proposed fee that we brought to you in 2014 and there is a couple of reasons why we want to do that. So, we could go to our next slide. So, we know costs are up for everybody and this is not unique to the City of Meridian and it's not unique to public agencies. The developers' costs are up. Builders' costs are up. And as a city you're facing -- I don't want to call it crisis level inflation, but the cost increases over the last three years are dramatic and have a major impact. We just had a couple quick facts we wanted to share with you. You know, a fire engine is up roughly seven percent. And we put this together a few weeks ago. It might be eight percent now. I mean, you know, it's that kind of an economy we are in that costs are ratcheting up quickly. Very quickly. Building square footage. So, to design, permit, and construct a building, you know, we used to be around 200, 220 dollars per square foot. And these are public buildings, not like a house; right? If that number sounds high to you. But we are now looking at 300 dollars a square foot. That's kind of the projection for what Station Seven might cost to construct. And this is just in the three years, this increase. And, then, the last one there is parks. So, the development -- to develop parks acreage at the time the fees were adopted, we were estimating about 142,000 an acre and that's every bit of 200,000 an acre now. So, just some examples. And I think -- I mean if any of you have bought a home in the past three years or built anything, you know this real life in your lives and you have experienced this. So, everyone in this community is being affected by these -- these costs. So, we as a committee have -- have talked this through a lot and we think that Council has two options. So, we would like to ask that you weigh these two options and, then, in January make a decision on how you would like to move forward. So, the Meridian City Council Workshop December 12, 2017 Page 7 of 87 two options that we see would be to adopt the 2014 proposed rate and there is a couple of consequences or outcomes that occur if you do that. We think that it's going to help the city meet the demands of our current growth. As you know, impact fees are a mechanism by which growth pays for growth. Adopting those 2014 rates doesn't take us back in time, but it would be adoption of those rates from today moving forward and it would help us meet the demands of the current growth. It would help maintain levels of service for fire, parks and police by putting new facilities in place for those growth areas. We think that this would have a positive impact to the levy rate and, then, the other -- again, these aren't just a pros list, this is a cons list. We think that this would result in an increased cost to builders and developers. So, that has to be considered in this decision. Option two would be to retain the current rates and kind of in our session or brainstorming we felt that the results of that could be the city would fall behind on the demands of current growth for new facilities. There is a risk -- a real risk of loss of level of service and there is also a negative impact to the levy rate through lost revenues, which impact the General Fund. So, I mean there is a lot to weigh here. The development community -- I think we -- I don't want to say we were naive to that community the first time we brought these 2014 proposal rates to you, but that community is the most vocal against a higher rate and we want you to know that we have thought about that and we understand that there are some costs that are incurred by that community that, hopefully, some of it they pass through, some of it they may be able to collect on the price of the home, but some of it they cannot do that, it's a cost to them. We are aware of that. However, the costs -- our task working for the city and the whole community and the -- all of Meridian, not just the new folks that move in, but including them, we feel like there is a bigger cost if we defer these revenues to the greater community of Meridian. So, that's it. That's our presentation. And we -- we really would like you to weigh the options, think through it, and then -- I mean ultimately what we would love you -- for you to do is adopt the 2014 rates and we think that that would result in moving forward in the best scenario for the City of Meridian. Okay. So, we can answer any questions. I have got the whole team here. We have got Jenny with us if we have got technical finance questions, which none of us are experts on that, but any questions you have I would love to -- Bird: Madam Mayor? De Weerd: Thank you, Matt. And just to note, two of our Council Members are new and weren't part of the 2014 decision. Mr. Bird. Bird: Matt, on the multi-family, we -- you're going to -- you want to charge for every door on an apartment building the same as you're charging for a residence for the parks? Adams: So -- Bird: And I -- and most of them have their own amenities. Most apartments aren't family friendly I don't think -- not ever having lived in one I don't know, but we had to come back -- I believe it was two or three years ago and reduce that down, because that is -- that is not -- if they exist -- if the Council and the city don't want any more multi- Meridian City Council Workshop December 12, 2017 Page 8 of 87 family, this is a good way to keep it in. You can't -- you can't -- for every apartment door get the same park impact fee that you do for a house? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I don't know if there was a -- De Weerd: I think there was a question there that maybe our parks director can -- can address if Matt doesn't feel comfortable. Adam: Councilman Bird, thanks for your comments. So, yes, the proposed rate is the same for a single family residential unit and a multi-family on the proposed rate. So, that's accurate. And the adopted rates were not. The multi-family was lower and I don't know -- I guess I'm with you -- your comment. I'm not really sure how the demographics are and who lives in an apartment versus a house. You know, just anecdote from people I know, there is families, there is single people, there is people sharing apartments and I'm not sure if we have ever seen or kept count who walks across to Settlers -- you know, from an apartment versus a house. So, I don't know that. I know that the parks director -- they have a number of acres per thousand people that they try to maintain and I think that's just total population. I don't know that it's designated as multi-family or single-family homes. But that's -- that's as far as I can go in an answer. De Weerd: Okay. Well, we will ask Steve to join you there and -- Siddoway: Good afternoon, Council Members. So, my perspective on this is similar to what we testified in 2014 and that is that I believe the families in apartments and the families in single family homes all use parks and recreation services similarly. I think they attend Movie Nights from apartments the way they attend Movie Nights from single family homes. I would agree that they have some nice amenities at apartments, but we also require open space and amenities in the single family home subdivisions as well. So, those amenities add to our overall effective level of service, but the -- the total level of service for the community I believe is equally shared by the families of Meridian regardless of what type of dwelling they are in. De Weerd: Yeah. I don't know if there any one study that can either confirm or -- or not the -- the answer to that question. I do know some of the people that live in the -- the apartments over by The Village and they love the proximity of the park. So, that -- that kind of tells me, well, if they like that they must be using it, so -- Siddoway: I would also just point out that prior to 2014 they were the same, single family, multi-family, and they were about 300 dollars more than what's even proposed here. So, they have gone down from what they were even then. But they were the same going into the 2014 presentation. Meridian City Council Workshop December 12, 2017 Page 9 of 87 De Weerd: Thank you. Mr. Cavener. Cavener: Madam Mayor, thanks. Matt, did the committee contemplate -- I think the word you used early on was a shortfall. Did the committee contemplate a third option that would increase the rates to, essentially, capture the shortfall that's been created by the Council's decision four years ago? Adams: We did not -- and correct me if I'm wrong, guys, but, no, what we talked about was -- because there is a -- there is kind of a -- there is lost opportunity -- lost revenues that we did not capture the last three years. However, growth was up. So, some of the actual collected money has a high number. It looks really high, just because growth was very -- very rapid. Cavener: Uh-huh. Adams: What we looked at is -- we need to -- we think we need to capture the proposed fees moving forward and we need to start our process at looking at what the next impact fee might need to be at. So, that was the -- the only other thing we talked about is that starting the process for the next level of impact fee. De Weerd: And that's a good question, Mr. Cavener. I don't think we can go back and collect something that -- to close the gap. I think the proposal is just moving from -- from January forward when you make the decision. Cavener: Yeah. De Weerd: I think that the -- the gap was part of your budget presentation. I believe that Todd had shared what could have been collected and what was collected because we didn't charge the full amount. Any other questions from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Matt or maybe Jenny, do you have the ballpark figure of -- over those three years what that revenue -- Fields: Madam Mayor and Members of the Council, yes, we have a ballpark. So, in FY- 2014, '15, and '16 the cumulative amount between the three departments is 1.7 million. If you want a breakdown of the department I can also list that. Borton: Madam Mayor, one other question for you, Matt. On the -- it sounded like in your remarks that what we are seeing here -- the BBC research and the data that it was based upon to maintain levels of service paid for by growth is what created these 2014 proposed impact fees. We took something less, which created a gap of 1.7 that the General Fund filled in. Basically our existing residents paid for services caused by Meridian City Council Workshop December 12, 2017 Page 10 of 87 growth to that -- to the tune of about 1.7. But you also -- it sounded like you said the underlying costs that the 2014 rates were based upon, cost of fire engines and park acreage perhaps, those costs have gone up, too. So, is it accurate to say that not only -- or have we lost impact fee revenue based on the 2014 price figures, but the costs to provide those same levels of service has also gone up, so the -- the decision to not utilize this proposed impact fee rates is even greater. Does that make sense? So, for example, if -- if we were to adopt the 2014 proposed rates, those are based on old cost figures that aren't necessarily current, so we tactically still might not be capturing the full cost of growth, short of doing a BBC research again. Adams: Right. Councilman Borton, Madam Mayor, I would agree. And what's really hard to pin down is -- I think Station Seven is the next fire station that's actually getting kicked off right now. Would it have started in 2015 if the rate structure that was proposed would have been in place and, then, for '16; right? And, then, could you have saved and maybe built it for 250 dollars a square foot and been collecting the full impact fee that was recommended. So, you're right. So, we have a -- we have a not collected amount and, then, we have this huge surge in cost, which we have -- we did not calculate what that was. So, the 1.7 is not the full impact of that reduced fee adoption. It's only part of it. So, the city has made up for that, though. I mean the city has still moved forward with projects and has still provided levels of service and, you know, with the new south regional park, things like that, it's just coming from a different source. It's coming from folks like -- everybody on this committee who has lived here for a while, we are all chipping in our fair share, maybe, but I live near Settlers and I generally use that park. I paid an impact when I bought my house there. I don't know how often I will go to the south regional park, which I guess in our opinion it should be built by funding from new -- new residents, so -- so, yeah, you're right. There is a double effect of not accepting those fees. Because it delays projects. Borton: Madam Mayor? Is it a -- is it a fair summary to -- to oversimplify it to -- to pick a philosophy of having that growth-related expense paid for by the growth or to simply accept that current residence and the General Fund needs to cover some of those expenses? You pick one lane or the other, basically. If you take less than -- assuming the data behind the research is accurate, you pick the path that growth pays for it or you just -- in door number two and say we are going to have -- pass some of those costs onto our existing residents. And door number three, I guess, is agree to reduce our level of service, which nobody -- isn't really a path anyone wants to pick. That's fair? Adams: I think that's fair. That's in line with our discussions and thinking in our committee meetings. Yes. Borton: Madam Mayor? Last -- last comment. The accuracy of the assumptions in the data that all this is based upon is critical and the work of the committee is outstanding and the recommendations and the thorough vetting you guys do is really important -- it's important to make sure that the decision, whatever it is, is accurate, best interest of the city. I don't think that can happen -- certainly hard for us to do that without the work you guys all slug through for years and years, quite frankly. So, thank you for all of that. Meridian City Council Workshop December 12, 2017 Page 11 of 87 Adams: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, it doesn't have to be answered in the moment, unless somebody knows the answer, but my question I guess would be how much has been spent for the General Fund on parks that would have been used with impact fees had they been available in that time period? Adams: Councilman Palmer, I don't know the answer to that, but I know we have discussed it and I -- Steve, do you know -- De Weerd: And we just are finishing up three parks that I know of that was built in that -- that time period. Siddoway: Yeah. And I need to verify this with Finance. I don't -- I think that the construction dollars for the three parks that are in right now, the Keith Bird Legacy Park, Reta Huskey Park and Hillsdale Park, which is still under construction, are all impact fees. What came before you this summer, though, is -- there is a split between General Fund and impact fees going toward the south Meridian regional park for -- for next year. So, I think that the -- the current slate of parks are impact fees, but there is a split that involves General Fund for the south Meridian park. I don't have the numbers in front of me, but we can get those. Palmer: Madam Mayor? So, then, the -- for the recommendation the -- the largest dollar impact to -- to the recommended change is with parks, which has been able to -- with the exception of a future park, been able to cover building of parks with existing impact fee schedule? Siddoway: We are -- we -- we are using funds for those parks that would have gone towards the south Meridian park. Because of the increased cost, because of the -- you know, what would have been the account -- so, yes, we had an account that allowed us to do those parks. That is true. But we are spending money that would have gone towards south Meridian. Palmer: Thanks. De Weerd: Other questions? Mrs. Little Roberts. Little Roberts: Did I understand correctly that at one point the impact fees were higher than the last accepted impact fees? Meridian City Council Workshop December 12, 2017 Page 12 of 87 Adams: Yeah. Council Woman Little Roberts, Madam Mayor, yes, and I don't -- I don't have that right in front of me and I don't think Jenny does either. Okay. We don't have that, but the park specifically was higher previous to the 2014 adopted rates than it is today. I don't know on fire and police. Little Roberts: Madam Mayor? Matt, Jenny, could we get those just sent to us? That would be great. Thank you. De Weerd: Okay. Any other questions from Council? So, I know you had mentioned, Matt, that this was informational and -- and that the impact fee committee was hoping for some direction from Council next month. Did you have a particular agenda that you were hoping to see that on? Adams: Well, we -- I know that the timing of it -- Madam Mayor, good question -- is that if we were to adopt in January, the earliest the fee mechanism could be adjusted and put into place would be March of 2018. So, you know, our request that you look at this and adopt it -- we would like it to go as quickly as possible, but we understand December is wrapping up rapidly or coming to a close -- De Weerd: Well, we need a public hearing on that. Adams: Right. So, we would want to get on an agenda for a January public hearing and, then, have a formal agenda item and I think the question before you would be do we adopt, from this point forward, the 2014 proposed impact fees. I mean there could always be an interim step, but -- and we talked about that. I mean I want you to know we had a lot of discussions in our committee group and at first I don't think everybody really -- we had to work really hard to get to this point where we felt it was serious enough and we all felt and had consensus that we would bring it to you. There were people that were very worried about how it would impact builders and the development community. So, I know it's -- it's a big question before the Council as well. So, I don't think we wanted to impose a deadline on you, because we don't know what it takes for you to weigh the decision and come to a conclusion. January seems appropriate, but only if you have enough information before you to really make a determination. De Weerd: So, Mr. Nary, what is the -- the soonest as with public noticing that this could be put on for public hearing to solicit information or feedback from the citizens, from those that it would impact, as well as provide that additional information? Nary: So, Madam Mayor, Members of the Council, I couldn't give you a specific date. I know there is a public hearing requirement. I think what the committee was looking for was either today or at a meeting in early January the decision to move forward with the public hearing. If the Council is comfortable with at least giving that direction, we can, then, begin the noticing process. There is a three week process that's required for -- if the decision is -- after the public hearing to, then, adjust the rate, there is a three week process for that as well, because it has to go through three readings. We can accelerate the readings for that. So, when you look at it from that perspective it takes Meridian City Council Workshop December 12, 2017 Page 13 of 87 about a month to increase the rates at the minimum once you have a hearing. So, if the decision is today to move forward with a hearing, we can begin that process with the clerk's office to get the noticing done. If the decision is to wait until January -- a January meeting to make the decision to move forward, then, it just pushes it out a little further. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: January 16th is a -- you could have your public hearing at that time, couldn't you, Bill? If we -- if we give the go ahead today that will give you plenty of time to get it out. Nary: I'm getting the recommendation, yes, we can do that, Mr. Bird. Bird: That's what -- I will speak for you guys. That's what I would do. Very good. You guys will do very good. De Weerd: Okay. So, Council, any -- any discussion on what you would like to see happen? Milam: Sounds good to me, Madam Mayor. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I'm supportive with moving forward with scheduling the public hearing for the 16th of January. I think it's the appropriate move. Bird: Get the notices out. Cavener: Hearing from the stakeholders, hear from the people in our community before we make a decision. De Weerd: Okay. Well, then, I think that our city attorney has a direction to move forward on public notice on this and bring the recommendation to Council from the Impact Fee Committee and in the interim Jenny will get the information that was requested by Mrs. Little Roberts. Any additional information needed from Council? Okay. Very good. Thank you. Maybe just -- Steve, if you can -- in response to Councilman Palmer's question, get a summary on the parks that we have developed, maybe how that compares to the CIP and the cost per acre and how many acres we did develop versus how many we could have, so we know what we are borrowing into the 77 acre -- does that make sense? Okay. Palmer: Madam Mayor? Meridian City Council Workshop December 12, 2017 Page 14 of 87 De Weerd: Mr. Palmer. Palmer: And on that, I don't know if -- if anyone's ever attempted to calculate it, but, you know, we require ten percent open space and Council Woman Milam makes sure there is tot lots everywhere. Those are parks -- so, I know that we are not calculating currently into our -- our -- our parks -- thousand acre -- whatever it is. But, in reality, they do exist, they are being used, and I'm curious to know how that would affect the number that we all seem to -- what is this the most important thing in the world, so -- thanks. De Weerd: Okay. Thank you for your time. I know our impact fee committee is -- is one of those -- you meet quarterly and you don't gain a whole lot of hoopla and -- but we appreciate your -- your service to the community. I know that our citizens are concerned about that growth pays for itself and you do drill into the details of that. So, thank you for your service and we will see you next month. C. Solid Waste Advisory Committee Report and Recommendation of Two Community Recycling Fund Applications for Approval De Weerd: Okay. 6-C is under our Solid Waste Advisory Committee and we have Steve Cory here. Cory: Madam Mayor, Members of the Council, I come here at the behest of the Solid Waste Advisory Commission and as always we offer you our greetings and thank you for the support that you give us. With your concurrence this year we went ahead and opened a window to take applications from the community to -- for use of community recycling funds. We had an opportunity this summer when the recycled market was good and as a result of that the recycling fund had grown to the point where it was 44,650 dollars. I believe you would remember that we have commissioned a project, which we brought before you already, to go ahead and purchase a Tapa leaf shaped bench in the south regional park for 2,756. That's kind of reserved out of this. So, what was available during this review process -- application process was 41,895 dollars. We received two applications and the commission reviewed those, vetted them, and we are bringing those to you for your consideration with do pass recommendations. I'm going to go ahead and talk about each one individually. The first one is one brought to us by Mike Barton. Well, before I say that, I should say -- I do want to call out Konard McDannel with Republic Services, who provided us invaluable service during this time to receive the applications and go ahead and make sure they were complete, so that they were ready for our consideration and without the help of Republic Services and Konard we would not have even gotten to this point. De Weerd: Thank you, Konard. Cory: Now, back to that. Mike Barton on behalf of the Parks Department brought an application to request funding for liter receptacles for the south regional park and while litter management in the City of Meridian isn't necessarily part of our charter, it's one Meridian City Council Workshop December 12, 2017 Page 15 of 87 that we are hearing things about, we know it was part of the community survey this summer and what we do have on this is that the liter receptacles would be made of recycled plastic material enhancing the market, similar to Trex stack and decking, but the application asks for $9,702.25 to match 5,000 dollars -- or let's see -- 47 -- $4,702.25 matched in that request. A total of 14,404 dollars for the -- enhanced for the whole project to go ahead and put in the liter receptacles and with that I'm going to go ahead and call Mike Barton up here to go ahead and talk a little bit about the details of the project. De Weerd: Thank you, Steve. Hi, Mike. Barton: Madam Mayor, Members of Council, thank you. Thanks for the opportunity to stand for questions and give you more details on this application. I think Steve did a good job explaining what our ask is. It's for 35 recycled plastic slatted liter receptacles for the new park in south Meridian. The total request is 9,700 dollars from the Solid Waste Advisory Commission and we would provide a 4,700 dollar match towards that. If this is -- if this is approved -- I know in the past SWAC has sponsored recycling containers for parks, but we didn't -- we didn't complete an application for those containers, because they don't meet the requirements of the program. There is no recycled content in those containers, but what this will allow us to do is -- we will save the money on liter receptacles that we can put towards recycled containers in the park. I just wanted to clarify that. With that I will stand for any questions you might have. De Weerd: Okay. Council, any questions for Steve or Mike? Bird: I have none. De Weerd: Okay. Thank you. Barton: Thanks. De Weerd: So, you're seeking Council's direction on your recommendation? Cory: Correct. Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Sorry. Milam: Steve, do you want to present both of these and, then, ask our recommendations or one at a time? Cory: I certainly serve at the Council's pleasure. If you would like to go ahead and consider both at the same time or one at a time, we can work either way. Meridian City Council Workshop December 12, 2017 Page 16 of 87 De Weerd: Yeah. I think you can present the other one as well and, then, entertain any questions and Council could treat them both or separately. Cory: Okay. The second application that we received was for use of a Conex style shipping container that would be retrofitted such that it can be used as a -- a library. It would go in the Hillsdale Park in the school area, be an auxiliary building to the school and provide library services in the south Meridian area and in that case the total project costs 25,000 dollars of that -- the community recycling fund would provide 15,000 dollars and the Meridian Library District would provide 10,000 dollars. So, this one is a request for 15,000 dollars to facilitate the project and I'm going to go ahead and call Gretchen up here to go ahead and give us a few more details about the project. Klein: Hello. De Weerd: Hi, Gretchen. Klein: Hi, Madam Mayor, Council. Thank you for having us and to the council -- the commission for considering the request. As he expressed, we are excited to think about repurposing a shipping container to be able to provide children's library services at the Hill. The project has been moving and evolving daily since we threw our hat in the ring with our application. So, further detail continues to come every day, including today, in terms of the slight location where we have been able to identify a spot to minimize infrastructure, laying power cabling and things like that and the site that is working best for the project is actually closer to the Howry Lane -- near the Y's entrance -- between the school and the Y's entrance. We found a spot that will minimize the amount of concrete we would have to pour and better leverage the site. So, that's kind of where we are starting to shift to using the container. W e anticipate getting community involvement. We will be launching a children's book drive to fill the container and we are presently working -- this week they -- our meeting is scheduled with city staff as well to review the project with Planning and Zoning and the building departments and so forth. So, it's quickly moving. We anticipate being able to open in June if everything goes as planned and be able to be there both when our summer reading program kicks off, as well as when the other partners are opening their facilities to the community. So, I would be happy to answer any questions that you might have. Hopefully I'm able to answer them. De Weerd: Thank you, Gretchen. Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: This is such a unique and great project. You had some pictures -- do you have any pictures with you that we could show everybody where the picture -- Klein: I have this that I can pass around. I guess I thought that was -- Meridian City Council Workshop December 12, 2017 Page 17 of 87 Milam: C.Jay can probably put it up on the -- Klein: Yeah. Milam: Just give it to C.Jay and he can stick it up so everybody can see it. Klein: We -- Madam Mayor. We looked at some models from around the world. We have been unable to identify any in the United States at this point, but we did find in places like South Africa schools that were using shipping containers to create classrooms where they were unable to build them and so we found some really colorful, playful, fun models that we might be able to use as an inspiration and these are just concepts, so we are still working with an architect to get a rendering that will meet the building requirements, P&Z requirements and what will work on this site there. But something to that effect, if he's been able to get that up. Thank you. Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: A couple questions for you, Gretchen. First when it's time for the book drive, please, give us all a call, I think we would all want to help with that. Klein: Thank you. Cavener: Regarding the shipping container, this is a question here for you or for Cory. Who ultimately owns it? Whose -- whose asset is the shipping container? Klein: That is a great question and because it's unusual there is -- we are still trying to make sure we do our due diligence and understanding is it a building accessory or is it a new facility and the intent is that it would be our object and we will be leasing the ground from the Y in order to place it there. Does that answer the question? What we had in the application was the Treasure Valley Children's Theater had offered to donate the container they have, but we have -- with that particular offer we have been unable to accept it, because no one has any storage and we don't have any place to put the Children' Theater's things, because they don't have a space to store them themselves and so we also priced out getting a donation of a shipping container and found that the costs to do the work to make it habitable are just as much as purchasing one from a company and having them kind of do the module approach to the construction of it. So, the way it's been discussed with the Y is that it would be ours, we would be able to move it in the future if that ever arose. We are still making sure we work through the definitions of temporary facility versus permanent facility, but the hope would be, you know, we could even work with the parks sometime to do something like that if we are unable to build our branches and do something -- it doesn't have bathrooms. It's 300 square feet, so it's pretty small. We are calling it the tiny library, because it's tiny. Meridian City Council Workshop December 12, 2017 Page 18 of 87 De Weerd: It's like a tiny home, huh? Klein: Exactly. Cavener: Madam Mayor, a couple of questions. Gretchen, I recognize that we are in the infant seed of the proposed programming time. I mean is this something that's going to be open seven days a week? Is it going to be open on a limited schedule? Any ideas as to when the public would be able to utilize the facility? The object I guess. Klein: Yes. Councilman Cavener, thank you. We have mapped out -- we would like to do a six day service, but the hours would not be -- we would not be able to operate it at the same level that we do the existing branches, because we are using the same resources to reallocate operational funds, but we do expect it to be open in some of the peak times based on our normal usage. So, in the mornings, after school, Saturdays and so we do have a temporary -- or not a temporary, preliminary hours of operation scheduled and we are looking at probably closer like 20 hours a week versus 65 of a fully functioning branch. Cavener: Madam Mayor, one more if I may. I think I heard you say and I just want to get clarification. This object would be placed on school district land, but you would own it and so if it outlived its life span, the library is the one who is responsible for removing it or reallocating it and the program -- Klein: It actually would be on the Y's -- the Y's property. Cavener: The Y's property. Okay. Klein: But right on the side where the school backs up on that area. And, yes, we would, then, be responsible for moving it or -- you know. De Weerd: Okay. Any other questions? Thank you, Gretchen. Klein: Thank you. Thank you, again, to the commission as well. Cory: Madam Mayor, Members of the Council, we do bring these two for your consideration with a do pass recommendation and as a matter of information, if both of them were approved there would still be 17,195 dollars in the community recycling fund. The Solid Waste Advisory Commission has no intent or intentions on that 17,000 at this time, but just for your information, that's where the fund would be after consideration. De Weerd: Thank you. Cory: Further questions? Milam: Madam Mayor? Meridian City Council Workshop December 12, 2017 Page 19 of 87 De Weerd: Mrs. Milam. Milam: Seeing none, I move that we approve the Solid Waste Advisory Committee's recommendation for both of these applications. Little Roberts: Second. De Weerd: I have a motion and the second. Any discussion from Council? Okay. Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you so much and, again, thank you, Konard, Gretchen, Mike. Thank you. Cory: And thank you. Item 7: Department Reports A. Information Technology: Annual Department Report De Weerd: 7-A under the Department Reports, we will start with our annual update with Information Technology. Tiede: Good afternoon, Madam Mayor, Members of the Council. Happy to be here before you today. Thanks for giving me the opportunity to give you an update on the IT Department and the services we offer and things that we have done over the last year and things that are coming up. So, to get started, just to kind of give you a brief overview of the services that we have in our IT Department to date and I'm going to go through each one individually, but high level, we have our service desk, we have our software engineering group, we have GIS services, our infrastructure services and, then, business analysis and project management. This is our service desk team and we have a couple of interns. Jared Day, our support intern. Nathan Montgomery, our graphics intern. Stephanie Beck is our asset management coordinator. We have a vacant position right now of a support tech. That's our help desk tier one position. And, then, we have two support specialist, Ryan Dusenbury and Cliff Kessinger and, then, our service desk manager Paul Masselli. So, our service desk is really our technical support first line defense for anything that comes up technical supportwise from hardware, software issue. The service desk also handles graphic design, as you can see with our intern there and, then, we also handle purchasing and asset management Meridian City Council Workshop December 12, 2017 Page 20 of 87 for any technology-related items throughout the city. So, that is what our service desk team does. De Weerd: And I think Cliff has been on a whole one week or two? Tiede: He is at -- I think a week and half. Kessinger: Three. De Weerd: Oh, my goodness. Time flies. Right? Tiede: It sure does. It sure does. So, you will see some of them out here in the audience, too, so you can kind of put a name and face if you would like. Next on my list here we have our software engineering and GIS teams. We have three software engineers -- full-time software engineers. Nick Phares, Dwain Nell, and Ryan Schafer. We have our web developer Catherine Roebuck and, then, our software engineering manager Mike Tanner and, then, for our GIS team we have Matt Hoffman, our GIS analyst, and Doug Green, our GIS developer. So, our software engineering team handles application development, which includes process improvement, support, integration with other applications, third-party applications support whenever it really gets into the weeds as far as technical things that we need to do integrationwise or reportwise. Our GIS team really does mapping services, GIS analysis, and development and that's used as tools for all the departments around the city to help make decisions around their process and their business needs, so -- and, then, our web developer handles our website and is continuing to migrate things over as we continue that project, which I will get into in a little more detail later. And, then, kind of the last group that we have is our infrastructure and systems analysis slash project manager team. Eli Daniel is our network administrator. De Weerd: And the thinker. Tiede: Yeah. You like that picture? De Weerd: Yeah. Tiede: I had to put that one on there. I couldn't resist. I almost used it as a background for the slide, but -- Jamie Beehn is our assistant administrator. Kristy Vigil is systems analyst slash project manager and I am the CIO. For infrastructure we handle a lot of the back end, which is servers, storage, network, any associated security. Kristi handles our systems analysis and project management. That's really comprised of business analysis, how do specific pieces of software meet the needs of business and mesh with their processes. And, then, handling -- managing projects like that as we -- as they come up. And, then, myself, I like to tell people I sit around and watch YouTube all day, but I really don't, so -- De Weerd: Yeah. Right. Meridian City Council Workshop December 12, 2017 Page 21 of 87 Tiede: This is the org chart of our department. It was a challenge getting it on one slide, but it's there, so you can kind of see reporting structure and where people fit, so -- I wanted to next talk about some highlights from 2017, including kind of an update on our Council Chambers, our cyber security assessment that we got funded last year. One of the applications that we developed internally for a department, public records request software, and, then, an effort done by our GIS group, along with Public Works and a couple of other GIS power users. So, to get started our Council Chambers technology refresh, you guys have all heard a lot about this over the last year. You have been the -- the culprits of our -- our fun endeavors to make your lives easier eventually. It's been -- it's been a bumpy road, but we feel like we have -- we have made some nice improvements for our citizen viewing experience and audio experience. We have heard very positive things as far as the experience in here for our citizens. One specifically was, actually, Meridian Business Day when things were actually configured and used the way they were supposed to, the experience people got to hear and see things really well and that was a great -- great thing to hear. We have made the streaming better, so the audio and video on that is better, but we have also noticed an increase or uptick in viewership there. It's not consistent, but it does happen from time to time and it's higher numbers than we were seeing a year and a half ago. So, I think that through that -- those efforts we are reaching more people. So, that's important. On that note we are also -- we are also able to do that same thing with other commission meetings. You have probably heard that we have started doing that with other commission meetings starting this month and we are also doing town halls and some other meetings. So, anyway, good changes. We had a budget workshop in which we saw how well the roundtable setting worked for this room. Very pleased with that outcome. Really like the set up and I think all of you walked away with the same positive experience, so that was definitely a positive thing. And, then, we have also -- one of the things that has really been pretty impressive working with the contractor that we selected is the flexibility for customization. If you recall early on we had concerns with mic lights, right, knowing whether mics are on or off and as you can see you have something on screen now that shows as well if it's muted or unmuted. Those are the types of flexibility for customization that we have in the system. We can go and programmatically customize things. One of the other areas that we changed a lot was for streaming. So, with the addition of adding additional commission meetings, that was due to the ease of use that was programmed into the system and literally a couple clicks and you can stream a meeting. So, anyway, some pretty powerful work or features in the system overall. So, we are pretty pleased. The next item I wanted to address was our cyber security assessment. So, this for FY-17 we asked for some funding to do a cyber security assessment and this is ongoing costs. We are going to be doing efforts all around cyber security, but the first one was this assessment. Our security is described as above average, which was fantastic to hear, but we did walk away with multiple takeaways and one of them on here in cyber security awareness training and that's something that we have started to kick off throughout all city departments currently. We have already put -- I think we are right around 250 employees that have gone through cyber security awareness training. So, as you probably hear in the news and see every day, there are breaches happening every day and this is just one more Meridian City Council Workshop December 12, 2017 Page 22 of 87 thing that we can do to help protect our citizens' information that we collect on a regular basis to do business. So, great thing. We have a few other takeaways that we will be tackling over the next year, year and a half or so. One is file sharing. We have a lot of free third-party file sharing applications being used and we want to kind of streamline that into one that is centrally managed, so we maintain ownership of that data and can make sure that it is protected, maintained, et cetera. Identity management, which it really comes down to passwords. As you know our password requirements are pretty stringent and we would like to find a tool that can make that a little easier for people. We have lots of -- lots of employees that manage multiple passwords to things they do on a daily basis and it gets cumbersome. So, we are going to look for a solution for that. And, then, monitoring some of our security devices on a more regular basis was one of the last takeaways they gave us, so -- De Weerd: I do hope, Dave, though, if I'm ever stuck in a foreign country someone does bail me out. Tiede: So, if that e-mail comes from you we should respond? De Weerd: Yes, please. Tiede: Okay. We will keep that in mind. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Dave, if I could ask you a question on that. So, was there -- I guess you kind of alluded to it in the takeaways, but is there anything that we were severely or relatively lacking that needed addressing? Tiede: The most severe item that they mentioned was the cyber security training. That's something that has been pretty prominent across the industry for probably about a year and a half or so and we hadn't touched on that at all and if you have seen the breaches that have happened over the last few years, the big ones, I can tell you how out of the ten big ones that have happened in the last three years eight of them have been due to people like you and me that don't know any better clicking on things that we think are actually legitimate; right? And due to that credentials or something is compromised, data gets out there and so that was identified as the number one area that we need to -- to do what we can immediately and so that's -- that's why we have started with that. So, otherwise, all the other areas in here, they gave priority levels and each of these was in the six to seven range. Ten was cyber security training, so -- the next item I want to highlight was our public records request software that we developed in partnership with the clerk's office and a few other departments throughout the city that process these on a regular basis. The biggest take away that I think that we got out of this was better tracking and visibility of public records requests typically have been sent through e-mail and when we need to go track something down related to that it's been Meridian City Council Workshop December 12, 2017 Page 23 of 87 really hard and cumbersome to do, so -- but now we are still using that same easy process of e-mail, but we capture it all and it's all accounted for and trackable and you can see everything, which is very handy and useful for when those things come up and we need to do a little bit of leg work to figure out what we actually responded with. We do get quicker turnarounds. We -- we created a web-based portal where people can go and submit a public records request, but when we -- when the public records request is turned around with the information they requested, they can actually log into the system and download whatever information they requested, assuming it's electronic. So, a little bit better level of service there with getting turnarounds on public records requests. Kind of alluded to the efficiency, easy use. We didn't change processes a lot. It changed a little bit for a couple departments, but everyone else uses what they have used forever and that they like, so -- and we will be rolling this out to our police department as well, too, so currently in use by the clerk's office and all the departments that kind of fill those public records requests. The next thing I wanted to mention was our GIS database redesign and this is more of an internal thing, but there is some implications to the public as well as we look forward for more web mapping features for our citizens. One of the biggest takeaways that we have got is less down time when we need to go edit data sets of GIS data, because a lot of times in the past those data sets were locked and we couldn't get at them without taking systems down or having people work after hours or things like that. So, with this redesign we are able to do that and keep things up and running. Also with the redesign we implement the naming standard. So, that people can find their data easier and also keeping things consistent and, then, we designed this from the ground up for web mapping, so, again, going back a little bit to the data sets locking and whatnot, we will be able to do more web mapping in the future for our public, but also internally we will be able to do editable web mapping which will actually reduce the amount of licensing that we need from the provider for our GIS system, which is fantastic, so -- and, then, overall the system -- or the whole environment is more reliable due to this. We don't have the -- the quirks and things that we were dealing with, because of how we have segmented data and the diagram here is -- just kind of shows you the segmentation of the various data sets. It's a little confusing, but it gives a good idea of, hey, look, here is how we split things up to do that, so that's thanks to our GIS team, but also our Public Works -- our Public Works GIS team had a lot of help -- or a lot of involvement in this process and, then, Brian McClure from the Community Development Department also was involved heavily. So, it's a great cross-department effort that yielded great results, so -- okay. Next I want to talk about some in-progress things and a few upcoming things. So, I was going to highlight our strategic objective that we have, which is 3-C-3, talk about a couple server and SAN replacements that we have in progress over the next year. Our website redesigned that we have been working on on the back end for a while and will continue and wrap up this in the next year and, then, the CFP software that we have been working with Finance on and, then, a few fun requests that I just wanted to highlight. So, our strategic objective 3-C-3 is to develop and influence technological and communication contingency plans and programs for continuity in operations for the city. So, for IT that really means how do we keep applications and services that our departments rely on to do their jobs available when something comes up, right, and there is a service interruption. The biggest component of this is our IT disaster recovery Meridian City Council Workshop December 12, 2017 Page 24 of 87 and continuity plan, which we are about 80 percent done with. I anticipate being done with it in completion or fully complete in March and, then, we will be meeting with departments to talk about prioritizations of their needs, because we can sit all day long in a little box and try to figure out what we can influence, but in the end we support other departments, we need to understand what their needs are and how -- how we bring things up in a meaningful way that will work for everyone and, then, an assistant plan is the next component that we have to work on, which, again, and to seek completion in March and that is really geared around getting equipment that may have been damaged or whatnot in a service disruption, but also if there is services or resources that we can reach out to and help -- or help us to get things back up, who are those people. Identify them. So, our server slash SAN replacement is moving along great. This is one of the items that we funded this year. It is a big endeavor. There are hardware and software components to it, but we -- we have taken the leap and moved toward hyper converters. We -- traditionally we have broken out servers and storage and storage is one of the big capital items that you see every five or so years and we married them back together and so the big capital item will turn into medium items on a more regular basis and not a big capital expenditure every five years. So, we get a lot of benefit on the back end as far as the ease of administration and visibility into the system, what it's doing, which is great for determining performance and where we need to go planningwise for the future and how we support, you know, the various applications that we have for the city. It has ER built in, that's even more robust than what we have right now at no additional cost, so I'm not going to complain about that. And, then, as part of this on the software side we actually will be migrating to a new version of W indows server and Sequal, which if you remember was part of our replacement, because of our current version being end of life here in just over a year, so -- you have a question? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Dave, thanks for like allowing the tour the other day again to kind of refresh me on how things work up there and -- and we were talking about the server that we replaced and this large expense. Can you refresh me on why we needed to do that as opposed to going to the Cloud or -- or if they are two separate things all together? Tiede: Absolutely. Council Member Palmer, Madam Mayor, we did look at Cloud- based options and this is what -- what most people call a hybrid Cloud, because we are -- we have flexibility to put things in the Cloud if we so see fit, but we can keep things on premise in our own private Cloud as well. So, when we did a cost analysis slash comparison of some of the options that we were looking at, the Cloud options came in over a five year TCO of about 1.2 to 1.3 million dollars and our TCO for this was less than half of that. So, that was a big contributing factor, especially realizing that from a staff time standpoint we are not going to gain anything by going to the Cloud. We will still need people to administer those. So, an interesting trend in the industry that we have seen, probably more so in government than in the private sector, but having the private sector as well, is the swing is back from the Cloud to on-premise systems for Meridian City Council Workshop December 12, 2017 Page 25 of 87 high transaction, high volume, mission critical applications, because of the nature of the Cloud is based off of that software as a service model or whatever the service -- platform is the service and when you get into those higher volume, higher transaction- based things the costs rise substantially. So, our TCO comparison wasn't even incorporating those into consideration. Palmer: Madam Mayor? So, what do we do that's -- that's high traffic, high -- high use that -- Tiede: That would be considered a transaction? So, to give some context you have to understand what a transaction is in the world of Cloud and, really, what it means is anything that you put in you put in for free. Anything you get out, they charge you a transaction fee. That doesn't matter if it's a record for a utility billing statement or if it's an e-mail, there is a transaction fee. So, to give you an idea of some of the items that we have that are high transaction or high kind of -- I want to say IO -- high volume like that, our utility billing system, our GIS system has a lot in and out definitely. Our report writing system that we have for law enforcement has a lot of volume in it. Just in general the amount of data that we produce on a regular basis we -- to give you an idea we -- we run throughout the three -- 30 gigs of e-mail data a month. So, just a high level -- I can give you a lot more detail if you like. Palmer: Thank you. Tiede: So -- next on our list that I wanted to mention was our website redesign. This is really more of a back end change moving away from a content management system that we pay a provider for and, really, there is -- there is a lot of benefit in doing this. So, we still have end users or employees that can maintain components of the website, but we can maintain consistency across it a lot easier than what we have been able to in the past. We are seeing way faster page load times. We are still transitioning. I think we are around 60 percent'ish. We have better search engine optimization, which means our results show up in search engines like Google more than they have in the past and higher -- you know, higher in the list of results, which is important. And, then, we have improved accessibility as well, because a lot of our old content wasn't accessible by the ADA compliant requirements for browsers and accessibility. So, we have been able to tackle that as part of this. As part of this that I didn't have here on the site that we are also looking at how we can move away from the various service providers we have for smaller sites around the city. We have -- we have a few different ones. MADC and there is one for economic development and how we can migrate these all over into this system and have it managed and under one roof, mitigating those costs and having something that's easier to keep up to date and is more user friendly for our citizens. So, overall very, very good improvement and we look forward to seeing the end of where -- where it goes, so -- De Weerd: And constant improvements and that's great. Although I was in a meeting within the last several months and I was told that the chamber has a higher rating than Meridian City Council Workshop December 12, 2017 Page 26 of 87 we do, that they come up first and I told them that we would make sure that that doesn't happen again. Tiede: We will take care of that. Yeah. We definitely need to take care of that. De Weerd: I think they were bragging and, you know, I took it personally. But I knew that probably you and your team would take it more personally than I did. Tiede: Oh, yeah. Absolutely. The website is important to us. We are going to keep it up there, so -- the next in progress project that I wanted to mention is comprehensive financial plan software. I'm sure you have all heard a little bit about the comprehensive financial plan and I can't really speak to that as well as Todd could, but I can speak to some of the things that we are helping them accomplish with developing the software. So, one of the things that you have probably heard Todd talk about when it comes to budget or whatever is all of the manual processes that they have to go and create spreadsheets and create a budget book. Well, as you can imagine the CFE is much the same way. We have all these manual processes to collect data, so we are creating a piece of software so they can centrally manage all of this, so departments will be able to go into it, add their information, Finance will be able to see it -- anyway, it's just going to be overall a vast improvement over what we have right now, because it will be centrally managed and a lot easier. We are also building in prioritization information that will be available at the department's fingertips, but also Finance visible, so that when we start discussions around prioritization for the CFE we can know, hey, look here is some of the reasoning behind it, rather than just having it on a spreadsheet that says, hey, look, this is high or low or whatever, it will have information regarding why it's categorized as such and, then, we will be able to see historical information. So, as, hey, look we have completed items, we have added -- you know, we have this on the CFP, it went through as an enhancement, it's gone now or it was cut and removed and maybe added later, you will just see that visibility, which will be really nice. We really look forward to it, because it will be a good improvement and hopefully lead us to the next steps with budget software as well when Finance starts to look at that. We will give them ideas on what will work and what won't, so -- the next item I wanted to mention was a few replacement items we have on our CFP for FY -- this should say FY-2019, not 2018. I apologize. It's actually for next year, not this year. But I wanted to bring them up, because they are kind of important for us. One of the things we are looking at is a network hardware replacement for our core network across the city. As you may or may not know, we have fiber everywhere. That acts as our backbone for all connectivity throughout the city and all departments use that, whether it's for phone services, internet services, access back to the applications they use. That -- that core network hardware is at the point where it is not serving its purpose anymore. One good example of this actually happened about three weeks ago now and it is when we had an outage in our police department, a network outage, and it was because of a piece of hardware - - network hardware that failed because of its aging and, then, when it failed, our resiliency -- redundancy didn't kick in because of the type of hardware we have. So, we have already started down this path with some of the network and structure that we purchased this year, but this will continue in FY-2019 and we actually have a little bit -- Meridian City Council Workshop December 12, 2017 Page 27 of 87 may continue in 2020. So, anyway, it's important. The police department was down for quite a while and we had quite the time getting them back up. We, obviously, had contingency plans that we put in place and they were able to continue doing business as usual, but we would like to make sure that we have the redundancy and resiliency in place, so that those types of things don't happen and we can be prepared for them better. So, that's one item. Another item is our Microsoft Office product that we use across the city. That includes Word, Excel, Outlook, PowerPoint, which I'm using right now. We are licensed across the city for the version 2010 and as you know the new version is out and support for 2010 ends in -- I think it's just a year out -- over a year out and so we need to get onto a more recent version. One option that we are considering as part of that is Office 365. We are going to be doing some more research into that just to see is there -- is there really a return on that investment, does it make sense, because it is expensive. So, having used the product Office 365, it's a great platform, I love it, and I have it personally, but for business it adds up really quick. I have friends in education, however, and it is dirt cheap there. So, if you could get us to be an educational organization that would be fantastic. On that same note, we also have our back end -- or our exchange server, which is the e-mail services that we provide and that also is in the same boat as our office. So, those are just a few items that you will see in our CFP and will be coming through as replacements to this coming year. Definitely wanted to mention the hardware, because the impact that we have seen to police and we don't -- that's not -- we are not comfortable with providing that level of service. We -- we really need to make sure that our emergency services have those critical services when they need them, which is all the time, so with that I will stand for questions. That was what I had prepared. De Weerd: Thank you, Dave. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A couple questions. Dave, first, thanks to you and your team. I just -- you guys are not always seen or heard, but I just know the work that you're doing to make sure that our city runs efficiently and effectively and I just -- I think you guys are -- I have always found when I have engaged or engage or interacted with your staff they are incredibly accommodating and kind and are trying to find the solution before I even know really what my question is. As it relates to the City Hall technology, has all of that been complete? Are we pleased with things? Is there plans for new additions or modules or any changes that we should be expecting to come from either you or the clerk's office? Tiede: At this point in time we consider the project complete. I would say that there are a few little technical glitches here and there that come up and as those crop up we do address them with the vendor. At this point when we -- when we sign the agreement with them we also included a two year warranty period, so they are on the hook for -- for fixes and changes as we see fit for no additional charge for -- through next December. Meridian City Council Workshop December 12, 2017 Page 28 of 87 At this point I don't anticipate a lot of those happening and I definitely don't anticipate us, you know, asking for more funding for anything in the near future. Cavener: Great. The second question. I saw in the news a city in Texas this week was held up for ransomware and they were in a position where they had all of their files backed up and so they were able to kind of tell the hackers to pack sand and recover everything. Tiede: Right. Cavener: Are we -- are we in a similar position that we are protected should we have that type of a scenario? Tiede: We are. We will take further steps to continue to protect ourselves even more, but at this point I can state that, yes, we are protected. We have had one occurrence where we have seen it in practice and we were able to retrieve what we needed without worrying about paying anyone additional ransom fees or whatnot, so -- Cavener: Fantastic. Thank you, Dave. Appreciate that. De Weerd: Any additional questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Have we had information stolen that somebody wanted some money for? Tiede: So, ransomware, if you're not familiar with it, it is basically a piece of malicious software that gets put on your machine, usually by clicking on something accidentally that maybe you shouldn't have, right, and what it does is it encrypts the files that you have and holds them ransom and pops up with a message that says, hey, look, if you want to access these files pay this money and we will unlock them for you. So, they didn't have our data, but they had encrypted it. Palmer: Okay. Tiede: Again, we went to backups, we were fine, and it was -- it was a pretty minor incident as far as what was -- you know, fell into that category for us. It was pretty minor. It wasn't a major system by any means, but it does happen. De Weerd: Thank you. Any other questions? Well, thank you, Dave, and thank you to your team. They are seen and heard. They are seen lapping City Hall on an hourly basis. They are heard often, because they are a group and a family of jokesters and so it's an interesting and fun department that you lead and we appreciate everything you Meridian City Council Workshop December 12, 2017 Page 29 of 87 do. I know it's -- we constantly challenge you, but you step up to the challenge on a daily basis and we know you do make our lives easier. So, thank you for that. Tiede: Thank you, Madam Mayor. B. City Clerk's Office: Annual Department Report De Weerd: Okay. Item 7-B is under -- yes. Usually we don't ask for applause and that kind of misbehavior, but in this case it's allowed. Coles: Well, Madam Mayor, Members of the Council, the presentation may be viewable to you, but at the moment it's not viewable on the screens -- on the TV. So, IT conveniently was here in the room. So, they are checking on that. De Weerd: This is one of the few glitches that -- Coles: One of the few glitches. Exactly. But with your permission I will move -- De Weerd: Please do. Coles: -- forward. Okay. Very good. So, Madam Mayor, Members of the Council, it is my pleasure to be in front of you today -- and now I lost the presentation down here. I feel almost inadequate following Dave's presentation. His had nice graphics and arrows -- mine don't quite have that level of graphics with them, but, nonetheless, we will move forward. The picture there -- I wanted to show just a photo of a majority of our team. Not everyone was available on that day we took that photo, but the Mayor went around presenting to the various departments results of the city survey and came to our department on that particular day. In this photo, though, in the front left was our youth work life skills intern, Ella Kramer, whom I will talk about a little bit later in my presentation. Moving on here. Just a quick overview of who we are. And, again, following Dave's presentation, he took everyone's favorite photo of themselves, which is their ID card photo, and put it in their presentation. I did not do that, but that's a photo of our team building activity this year. We, as an office staff, went to the Escape Room in Boise and our -- our challenge that day was to stop a terrorist attack that was happening and as you can see by my face we didn't quite make it. We were about 30 seconds from stopping the attack on that particular day, but it was a lot of fun. We learned a lot about each other, our different skill sets, and, anyway, it was a good team building activity. There is an overview of, again, our office staff, which I know some of them -- Nancy is here. Yea. Thank you, Nancy. They kind of joked that they would hide in what we conveniently call the library, which is the room right off here and that they were going to poke through and peer through that, but Nancy is here to join me today. You see there vacant is our deputy city clerk position and we will talk about that for a few minutes. Machelle Hill served the City of Meridian for 13 years. Some of that -- she started, actually, as a temporary employee in Mayor Corrie's office and, then, she was hired full time in the clerk's office and worked her way up to be the deputy city clerk. She was here for 14 years. She served with four different city clerks and, unfortunately, Meridian City Council Workshop December 12, 2017 Page 30 of 87 she doesn't work for the city anymore. So, after 13 years she isn't with us here at the city anymore. She takes a lot of institutional knowledge with her. We miss her dearly every single day and we are looking to fill that position right now. And Nancy Radford is here. She is our -- one of our assistant city clerks. She specializes in our licenses and permits, temporary use permits. She has been here almost as long as Machelle was here, just about that same amount of time. Sherry Finch, another one of our assistant city clerks, and she specializes in our passports. She full time takes passport appointments for us. Now, Charlene Way, another one of our assistant clerks, she specializes in a lot of different things and currently right now she has helped to fill some of the gap left without Machelle to work on land use applications and noticing with their office. And, then, Hillary Bodnar is our commissions and committee specialist. She joined us -- and you will see on the next slide, she joined us in December of last year, which was just after I gave my presentation and report to you. So, it's really no surprise that she's in our office now, because you have known that for just about a full year, but it was in December of last year that she joined our office from the Finance Department and she has primary responsibility of supporting the Meridian Arts Commission and the Historic Preservation Commission. And, then, Barb Shiffer has been with the city for 15 years in many different departments and she is our administrative assistant in our department and what a resource she is. She knows everyone in this building and outside of this building and can direct you exactly where you need to go. Is very good at answering those questions that come in from the public. Again, I mentioned these are staffing changes. We miss Machelle and Hillary joined our team in December of last year just after I gave my report to you. Here is a quick snapshot of what we do. It's hard to capture everything that we do on one slide, but this kind of gives you an overview of everything that we do. Our department really touches every single department within the city in some way, shape, or form. We are involved in just about all the information that comes into or out of City Hall, especially during meetings, such as public meetings with Council or all of our commissions. So, I'm not going to read all of those off to you. You can see them there. But we do a lot of different things for City Hall and for the city. I will kind address some of these elements throughout the rest of my presentation in some way, shape or form. One thing I do want to point out under permits and licenses, you will see the last thing listed there is dog tags. Last year I had reported to you that we were starting to take over that process of issuing those tags from the police department. So, it's been about a full year that we have done that. We are improving our process just about every single day, every single week in terms of how we are providing the dog tags. We have several ideas of how to continue that into the future, how we are going to reach out to the public to do that and inform them of that requirement. If they have an animal how to renew those licenses to make it easier and I will talk a little bit about that again as we continue this presentation. But that is something that was relatively new to the clerk's office last year. We have a full year under our belt and we have several vendors throughout the city that help us issue dog tags, dog licenses, and they have been fantastic to work with and you will actually see on some upcoming Council agendas on your consent agendas some renewals of those agreements and contracts with our dog license vendors, so they can continue to provide that service in partnership with us to the community. So, here is 2017 by the numbers for the clerk's office of those things that we can quantify. There are some things we Meridian City Council Workshop December 12, 2017 Page 31 of 87 can't quantify in our office, but for those that we can I want to display those here to you. So, land use applications. Again, the clerk's office is responsible for all land use applications that require a public hearing. It is our responsibility to make sure those notices happen and that the public meeting is held. So, when I put this together, which was at the end of November, taking those numbers January through November, 148 land use applications, public hearing land use applications, had been submitted to the city. That's up about ten percent from that same time frame last year. Number of mailed notices. Those of the postcards that go out to the required radius for the public hearing, 4,668. Now, I want to stop there for a moment. We had some discussion recently about HOAs and their inclusion on the public hearing notices. I wanted to let you know I -- I did speak with the Planning Department and that is currently happening - - happening where we have that information. So, if there is a neighborhood that is within that required radius to be noticed -- an HOA I should say within that -- within that radius, then, the Planning Department seeks out that information and includes it on the list to be noticed with our postcards. How that list is compiled is when a land use application is submitted to the city it is submitted to Community Development. Planning makes sure that the applicant has all of the required materials, everything is together, then, they transmit it to our office with a list of neighbors that need to be notified. So, on that list, if there is -- currently within that radius if there is an HOA, the Planning Department is seeking out that information to include within the required notice that we mail out. The next number on there you see Nextdoor notices. I don't know if notice is the right word to use with Nextdoor, but since we started using Nextdoor as a form of notice, which was about June and this number reflects around 40 projects, that's what we had in that time frame, 71,035 notices through Nextdoor, which is -- that's how many inboxes the notice has shown up in. There are about -- and Kaysee Emery in the Mayor's office could give you this number, but I think 20 to 21 thousand registered users within Meridian on Nextdoor and we sent out 71,000 public hearing notices using that forum. So, next year I will be able to provide actual -- an update on that for over an entire year and, then, the year after that be able to show you year over year kind of some comparisons there. Public records requests. The city clerk's office is solely responsible for public records requests in terms of receiving them, distributing them, and, then, providing the information to the requester. Every department in the city has responsibility for this, but it's all managed through the city clerk's office. Two hundred and ninety through November that the city had received. Up 30 percent. So, in that same time frame last year. And I think some of that has to do with not being able to find the information they are looking for as easily as people would like it. So, that's something I'm going to talk about here in a few slides is some updates that we in the city clerk's office want to make in terms of ease of use of our website or our portion of the website, ease of accessibility where public records are located, how they are named. We just -- we want individuals and citizens to be able to find that information, if that's what they are looking for, instead of needing to ask us. If they want to go find it, they have the opportunity to do so without it being confusing to them. Licenses issued. This is Nancy's realm. Five hundred and ninety two from January through the end of November. Up about four percent from last year. And we anticipate that number to be over 600 by year's end. Phone calls received into the city clerk's office. This is just the main line into the city clerk's office. Over 24,000 phone calls received. I don't know Meridian City Council Workshop December 12, 2017 Page 32 of 87 how many call building services directly or utility building directly, but just into the clerk's office over 24,000 phone calls into our office. And I can tell you more than half of the time they are looking for building services or utility building, so we are directing those phone calls elsewhere. And, then, passports processed. Up a large number this year. Almost 35 percent increase from last year, 3,125, which equates to the revenue to the city in that is 78,125 dollars. The state department has estimated that in this year they will issue more passports than they have ever issued in the entirety of the passport program and you can see 35 percent increase just for our office alone and Sherry is mainly responsible for that. Everyone within our office -- or just about everyone in our office is certified to be a passport agent, so we can answer questions when people come to the counter, but the majority of the appointments Sherry takes. So, that's by the numbers this year. So, we move into a snapshot. These are projects that we have been involved in, things that we have done, if you will. So, city elections. We had a city election this past year. City Hall has been an early voting location for just about every election for the past couple of years. So, this year for the city general election, 559 individuals chose to early vote at our location here at City Hall. So, about 11 percent -- ten to 20 percent of registered voters in total in Meridian who voted in the election. Ten percent of those cast their ballots early here at City Hall. And that trend followed fairly well across the board in terms of Ada county at early voting locations from what I'm told from Ada county elections. NovusAGENDA. That's been a pretty big project in the city clerk's office over the past year. Council has had the opportunity over the last several weeks to have access to a completed agenda and packet materials available through Novus. We have done what I will call a soft launch into the public this past week. We used -- when we mailed out or e-mailed out the agenda for the week to the public to our subscribers on our e-mail list, we used the Novus link, instead of just using the pdf as we have done in the past several years. So, kind of a soft launch to see if we are getting any feedback from the public when they receive that, ease of use, accessibility, to see if there is any tweaks that we need to make before we launch a full scale in terms of making an announcement about it. We updated this past year the temporary use code. We extended the time for temporary sales units from what was a 90 days allowability to 120 days. So, we extended that time frame for temporary sales units. We removed the need for citizens use permits in the right of way. Instead of needing two different permits, a TUP and a citizens use, we removed the citizens use and now you just need a temporary use permit and we did that in conjunction with ACHD to help align our timelines and our process with ACHD. So, we changed the lead time from what was 21 days to 30 days, because that is ACHD's timeline. So, someone came to us at 24 days before and we said, oh, sure, you can do that and, then, at ACHD they would say, no, you can't do that. So, we wanted to be good partners, so that those applying for those permits weren't getting two sets of information. And, then, this past year we executed the first ever citywide records destruction. It included all departments within the city. Had never been done before. Some departments are still working through that process to destroy those records that were approved to be destroyed, because, as you can imagine, it's kind of a big feat when over the years your department kind of did it every couple of years instead of needing to get on board and do it once a year with all of the departments. In doing that some departments realized, oh, no, we have some records that maybe the timelines we didn't anticipate, maybe it Meridian City Council Workshop December 12, 2017 Page 33 of 87 should have been 20 years, instead of 15 that we need to keep that or vice-versa. Maybe we don't need to keep it -- why are we keeping this stuff that long? We only need it five years, instead of ten years. So, we came back to you, Council, in the summer, in July, and updated the records retention schedule, which I anticipate us doing again next year, but as we make these tweaks with the departments, that those will become fewer and far between to when we hone the schedule and each department is satisfied for a couple of years, instead of needing to change it every single year. We will also come back before Council in a couple of months for our second -- what I will call annual now -- records destruction to include just about every department within the city. The 2017 snapshot continued. I wanted to point out an easement process. So, before when we would get easements on your agenda, they were hand delivered to the clerk's office by paper. Trying to get away from the paper era and use this technology that we have. So, in conjunction with IT and several other departments implemented the use of Accella in terms of work flow. So, now when it comes to the clerk's office we don't need a paper copy, we have an electronic copy, but every department has seen it and signed off on it that needs to by the time the clerk's office sees it. Less paper and it's much more efficient for all departments involved and especially our department. Chambers technology. I only mention it here, not to steal Dave's thunder, but simply to state that we in the clerk's office have been a major supporter of that project. We have been heavily involved in that project and on Tuesday evening when something goes wrong it's me you're looking at going what's going on here and Dave is not typically in the room during the meeting. So, I have been heavily involved and working with IT to understand the ins and outs of the technology, so that I can be a resource and, hopefully, solve a problem if there is a problem during a meeting, quickly and efficiently. Nextdoor is noticing. I already talked about that, but that's something new that the clerk's office has been involved in that we will I'm certain continue to do with the recommendation of Council. Paws in the Park was our dog fair event that we had this past year in May, which was much more successful than any of us really anticipated, 224 licenses issued that day. Our recommendation is to continue that event. It may not look the same way as it did this past May. We are getting together and we are working through some of those details to bring a recommendation to Council on what we would like to do for that event, but our dog community seemed to really enjoy that event. So, we want to continue in some way, shape or form that event. And, then, Ella Kramer, our youth work life skills intern. I mentioned her before. And I wanted to point out some of the work that she accomplished. We really wanted to get her involved in meaningful work within our department. In the clerk's office there are some things we do that are just -- they are simply mundane. There is no way around explaining it. And they need to be done and they are important for the city. But we wanted to get Ella also involved in some of the more interesting aspects of what we do and she is a youth commissioner and so she already has this interest in city government and how it functions and what it means. So, pointing out some of the highlights of her work over this past summer. She link -- linked reference photos for 269 Meridian properties that are listed on the Idaho historic sites inventory. To the Historic Preservation Commissions, ours, a tracking spreadsheet. She took almost 200 -- almost 300, excuse me, photos and linked them from the Idaho historic sites inventory to HPC's tracking spreadsheet. She took over 30 images for the public art collection and these are the images that are being uploaded to Meridian City Council Workshop December 12, 2017 Page 34 of 87 a citywide public art map that's being created by our IT Department. She researched methods of building nonprofit memberships for the Meridian Historical Society. She researched and compared comprehensive and strategic plans, paying close attention to how strategic plans within the city relate to statewide plans and how commission strategic plans fit within the citywide Comprehensive Plan to provide recommendations on how those inter work and how those play together. She reviewed the Planning Department's architectural standards manual and land use maps. She prepared materials for the Dairy Days art show. She wrote minutes or helped to provide the minutes for HPC and the arts commission meetings. She also created fliers. We have a rotating banner -- what we call a rotating banner on the screen in the lobby. She helped create some of those images or some of those sites that we did over the summer months. She also created the revised map for the downtown walking tour brochures that are now in print. So, we tried to provide her with some real world experience, some things that we do that are a little more interesting aspects. Some of the things that she did were some of the mundane things as well. But we hoped that we provided her with a foundation for a further interest in local government. Some of the things that are in progress. So, the public records request software application, Dave spoke to that. We -- again I used the term soft launch for Novus earlier. I'm going to use that term again. We have quietly turned this on, if you will, on our website. So, when individuals want to request public records and they go to our website and the online link, it's going to direct them to the page that Dave spoke about earlier. We -- again, we want to test this out. We have some frequent fliers that request public records and that are good at providing us feedback. We want them as they use it to provide that feedback to us before we announce, hey, we have this new way of submitting public records requests and what that means, so -- and that's happened over the course of this past week. We have taken in some requests and we have seen, oh, we need to tweak a few things on how this looks. So, we are working through that process. But in the next couple of months announcing there is a new way to request, it's much more efficient to use and it's better tracking involved in terms of the requester and also the city. Using Accella citizen's access, which is -- we called it ACA for permit and license application issuance. This is bringing City Hall to the people, if you will. It allows individuals from the comfort of their business or their home to submit applications. Right now for alcohol catering permits and also dog license renewals. And so we want to expand that list, but that's what we are working on right now. The second -- I already mentioned the second, records destruction per our schedule. Streaming commission meetings. Dave spoke to that in December every commission that meets is going to stream their meeting to test out the kinks that may go along with that and, then, again, the early part of 2018 make an announcement that every commission meeting is available to be streamed -- or is streaming live and it's available at your convenience to watch from home. And, then, also filling the deputy city clerk position is something we are working on right now. Website update. So, as Dave mentioned, they are doing a website overhaul, essentially, and especially on the back end. For us in the clerk's office we want to -- the pages that we own that we maintain, we want them to be user friendly, ease of access, especially in terms of public records and the land use applications. So, we will, over the course of the -- the coming year, make changes to our portion of the web page, mainly in how things are named, labeled, Meridian City Council Workshop December 12, 2017 Page 35 of 87 where they are located, how quickly you can access them and how many links or clicks does it take for you to get there. I arrowed one here. The City Council video archive link. That wasn't on the city clerk's portion of the web page until this past week. We put that up there this past week. The -- the video archive link is -- there is a link to it on our website, but if someone is looking for City Council information when they go to the clerk's office web page, we want them to be able to access everything that's associated with City Council meetings right there, instead of having to click to another part of the website. So, they might be small changes that we end up making, but, hopefully, meaningful changes. And, again, it's about ease of use, ease of access, how many clicks does it take for someone to get there and to get the information they are looking for. So, next year when I update you this will be something that I talk about. A brief update -- update on our portion of the citywide strategic plan. We own three items. They are all in the arts category. 5-C-1, is hundred percent complete and the Mayor actually presented you the close-out report on that in October. 5-C-2 we are at 30 percent complete. This is to develop a plan to infuse art in public spaces. Anticipated completion date is a year from now, December of 2018. And 5-C-3, connecting to the artists and community is 85 percent complete at this point, with a September 2018 anticipated completion date. So, we are actively working our portion of the plan. Back to 5-C-1. That is something, if you read that there, that really never ends. Hillary is mainly responsible for -- for these items and that's something that can never end. Tomorrow there might be a new grant that's available or new sponsorship opportunities or a new funding mechanism. So, next year or in the coming years as this plan is looked at and tweaked throughout the process with the Council, this is something that we may want to explore in terms of how it -- how it reads or how it works or how it functions, because this is something that we will continually do and update as new opportunities become available. And, then, I would like to end with CARE value successes in our office. So, I just took four comments that we have received in our office throughout the year to show that we in the clerk's office understand -- try to understand the Meridian Way and own the CARE values of the City of Meridian. I am particularly proud of the third comment down on there. This came to our office after a particularly interesting land use application and a vote had been taken and residents thought that something had happened that actually didn't happen and so when they saw continuing information to be provided about a particular application, they contacted our office and said, wait a minute, what's going on, we thought this was completed, we thought this was done. So, we explained to them the process and what had actually happened and, then, they sent us this note back that the individual that sent this represented an HOA and she sent that back to us and very appreciative of taking the time to explain the process to them. So, I'm very proud of our office, especially for that last one, but for all those comments and every day I can tell you the CARE values, the Meridian Way, everyone in the clerk's office, we have a great team that take our job seriously, that love this community and love interacting with the citizens in this community. And with that I will tell you that we really try to do this there at the top and not do those things at the bottom there. So, that's what we are really trying to do in the clerk's office. I will stand for any questions. De Weerd: Thank you, C.Jay. Council, any questions? Meridian City Council Workshop December 12, 2017 Page 36 of 87 Bird: Great presentation. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: C.Jay, you're doing a great job as the clerk. I just want you to know. Coles: Thank you. Cavener: It's just great to see you slide into position and I think you provide great service and your department's just stellar. Question about dog licensing. I noticed you called out some things were up, but you didn't necessarily talk about dog licensing. I know that was the intent was that we were going to increase licensing. Has that occurred? Coles: Madam Mayor, Members of the Council, Council Member Cavener, thank you for that question. So, the answer is, yes, that number is up. I do have that number on one of my -- my notes. So, in 2016 the total amount of dog -- the total number of dog licenses, 3,223. Currently -- again, this is through November -- 3,274. So, slightly up. I am waiting for reports from a couple of our vendors to close out November and, then, obviously, through December I can't tell you how many that will be. Cavener: Madam Mayor, a couple more if I may. C.Jay, I know when I called City Hall recently we were back to using the -- the automated phone system. I'm just curious is that a permanent fixture now? I know maybe it's nitpicky. I just love the fact that it used to be when we would call that we would be able to talk to somebody, as opposed to have to go through an automated service. Coles: Certainly. Madam Mayor, Members of the Council, Council Member Cavener, I don't know if that is a permanent solution. I don't want to say, yep, that's permanent, we are not changing that, but I can tell you with 24,000 phone calls over the course of an entire year, being down a staff member since August, it does put a strain on the staff to not have all the bodies available to answer phone calls and to direct them and, then, to try and do the other work that we are associated with. So, I do know that what we tried to do this time around in terms of the voicemail and automated answering, was to provide I think several options up front of those that were requested most often, utility billing, building services, passports and, then, obviously, the clerk's office being the last -- last option there. Those three don't meet your needs, because those three seem to be the majority of the phone calls that we receive. Cavener: Madam Mayor, one additional one. C.Jay, I was going through and trying to refresh my memory on a couple of decisions the Council made and had noticed that some of the YouTube videos or the City Council meeting videos are missing. If we find Meridian City Council Workshop December 12, 2017 Page 37 of 87 that those are missing, is that a question directed to clerks? Is that a question directed to Kaycee? Where do we need to go to make sure that those are restored? Coles: Madam Mayor, Members of the Council, Council Member Cavener, so that would be first directed to Kaycee, I believe, but we in the clerk's office aren't responsible -- I shouldn't say responsible, but we don't upload the videos to YouTube. Kaycee Emery and I believe her intern manage the YouTube portion of the video. We in the clerk's office do have a hard copy, if you will, of the video, because we are required to have the copy for so many years, but in terms of uploading to YouTube, we don't do that in our office. Cavener: Thanks. De Weerd: And certainly feel free to just ask me and I will make sure your question gets answered. Cavener: Great. Thank you. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor and C.Jay, just want to say thank you, I think your team does a great job. Every time I hear -- especially about passports, just doing an awesome job and the customer service and I would like to say thank you so much for NovusAGENDA. It has made life so much easier to look through and review minutes and things like that. So, thank you very much for your work. Coles: Thank you. De Weerd: Any other questions from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a comment or a suggestion maybe to take back to Hillary. I know that sometimes up to Council we have had some consternation about the MAPS program. So, a suggestion to maybe to rename it. I'm thinking Public Art Located in Meridian's Entire Region or PALMER for short. Perhaps that might gain some more support. Just -- just a suggestion. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Workshop December 12, 2017 Page 38 of 87 Palmer: I fully endorse this idea and I may have to put some more thought into whether I vote for it even. Come October. De Weerd: If we call it the PALMER. Give it some serious thought. Coles: I will take that back. Absolutely. Cavener: Thank you. De Weerd: Thank you to you and your team and, Nancy, you represent your entire team. We know -- Nancy is -- is a great example of the customer care that you give in your department where Nancy's herding cats with permitting, calling people, reminding them of what they need to do and I have been told by numerous that have in particular beer and wine or alcohol permits, that your phone calls are always welcome and appreciated. So, thank you and your team, C.Jay, for -- for everything you do. I think that you are often that first face of our team of our city and it's a very positive and pleasant experience, a good face to have represent us. Coles: Thank you, Madam Mayor. And I sometimes feel like that scene in Apollo 11 -- and I can't show it because of copyright issues, but just this -- or just NASA in general of the critical work being done, but there is someone -- or a team of people in mission control that are kind of operating to provide the information and what can you do, what can't you do and here is what you should do and I feel like our team kind of operates at that level sometime. So, I appreciate your comments. Like I say, we do have a great team and, if I may, this will be probably my last time on the record to be able to thank Council Member Bird for the wonderful leadership he's provided to the city, the dedicated service and I'm someone that has some perspective of what it means to have a family member in -- in service and so I know the sacrifice that it takes to be a public servant and I appreciate your guidance, your leadership, and your mentorship of me personally as I have taken this position. So, Council Member Bird, thank you very much. Bird: Thank you very much, C.Jay. I appreciate you. We are lucky to have you. Thank you. C. Legal: Proposed Updates to Nuisance Code De Weerd: Thank you. Okay. Under 7-C is our legal team. Nary: Thank you, Madam Mayor, Members of the Council. This is our update, because it is -- if you recall, back in November Tom Baker, the supervisor of our code enforcement unit, was here to explain some changes that we had made to update the code to bring some of the processes in align with the code clearer -- in a clearer way and the direction was to bring back the formal ordinance back in December. There was a question that was raised at the end of the discussion that we wanted to make sure we answered more fully before we put it on and would suggest, if everybody is comfortable Meridian City Council Workshop December 12, 2017 Page 39 of 87 with it, put it on next week for approval, but the question was in regards to the abatement costs of properties and how does that get collected and at the time I indicated that we did -- we tried to separate those out and we used to try to separate that out and I found out after I made that comment that we had actually -- because the law had allowed that change, we had been actually attaching those to those property bills and allowing, then, people to create a payment plan process to do that. We looked at other alternatives. I had Mrs. Kane, who all of you know is the champion of creating these code updates and making sure they are current with whatever the state law is, and we looked at all the other alternatives for the city in trying to collect those and, again, we are not talking about a lot of these, we are talking about four or five a year of abatements, whether it's accumulated trash or whether it's weeds, it's usually one of those two. We have a fairly small budget to do that. We give lots and lots of notice to people before we actually will do it. We, then, will do it and, then, we will give them lots and lots of notice that it goes on their bills. We did talk to Ms. Glenn from the utility billing division and asked, you know, have we ever had any issues with the collection issues surrounding that or having a turnoff because of that and the answer is, no, we have not turned off anybody in relation to abatement of that. Most of all of you know our process to collect on your bills for your -- for you service, whether it's water, sewer, trash or these few nuisance ones that are out there, has a lengthy process in the collection piece as well. You have received notice. You receive another notice. You receive another notice. And, then, we actually turn off your services. So, we haven't had any issues with that. Again, she said we have had a number of folks over the years that have worked it out through a payment plan process, they have always paid it and using other methods, whether it's suing the individuals, whether it's attaching liens to their property, either the city is going to incur greater expense to try to collect the amount that's owed or potentially not receive it at all. So, it was our recommendation from Legal that we continue with the process as it is. It does seem to be working. We haven't had any issues. Again, we don't really have anybody that comes in and says, you know, I will just pay for my water, but I'm not going to pay for that lawn service that came and cleaned up all my weeds, that just doesn't happen. The reality is is that folks have -- have been able to pay off those in a reasonable amount of time. We don't extend it very long. We just give them a reasonable amount of time to make those payments and get it done. Again, we haven't had a significant amount of collection issues on the services side for the water and sewer and trash, so our recommendation is to continue with that practice and trying to do it a different way would be probably more cumbersome and more expensive than we are doing today. If you have any other questions, hopefully, I can answer them. If not we would ask that we put this on for next week for approval and just move it forward. De Weerd: Thank you, Bill. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Workshop December 12, 2017 Page 40 of 87 Bird: I feel if Legal thinks this is what they can defend and enact, great, I would go with their recommendation and bring it forward next week on the Consent Agenda. The resolution. D. Community Development: Meridian's Slum and Blight Plan and Area Designation 1. Resolution No.17-2052: A resolution approving submission and adoption of the City of Meridian Slum and Blight Plan and Area Designation to the United States Department of Housing and Urban Development; authorizing the Mayor and City Clerk to execute and attest the same on behalf of the City of Meridian; and approving an effective date. De Weerd: Okay. Well, we will bring it back. Okay. Item 7-B is under Community Development and Chris Pope -- I will turn this over to him. Pope: Madam Mayor, Members of Council, good to be -- to be before you again tonight. Let's see if we can get this pulled up very quick. It's not up. Do I need to go into the -- it was up before the meeting and it's now gone. Yeah. It's on the Council presentations. Sorry for the delay here. I know you guys have one loaded agenda tonight. Sorry to -- to burden that a little more with this. Okay. Today we are talking about Meridian slum and blight plan. Super exciting topic. Talking about the opportunity to designate an area of the community a redevelopment area and I will get into what this all is and what it's about, why we are doing it and answer any questions as we move on. This is kind of a complicated thing that might be hard to see the purpose behind in some situations. But to kind of explain some of the -- the technical background that we have, a reason why we are doing what's called a slum and blight plan, in the community development world under HUD in their community and planning development agency, the CDBG programs are allowed to put funding towards projects, as you know, that will meet one of three main objectives. The first is helping those who are low to moderate income -- giving them a benefit and that can be broken down by area, by clientele served, based on economic development opportunities and job creation and also housing activities. Any activity that we are considering a project or considering funding utilizing CDBG funds has to fall into this category if we are hoping to help LMI individuals in our community. The other two kind of buckets that we can work with are the slum and blight bucket and an urgent need bucket. The urgent need is an emergency-based fund where we can throw money at things, CDBG funds at things that are urgent needs in our community. If there is flooding. If we have another Snowmageddon going on. CDBG is a resource that can be used to help meet some of those needs. There is a lot of flexibility when it comes to natural disasters specifically that I don't think we have ever really talked about or utilized in our community before, but it's something to know that it's there. I'm not going to talk about it more than today, but know that it's there. But the slum and blight kind of bucket that we can work with is designed to eradicate slum and blight in communities and this is done on an area basis or on a spot basis or through urban renewal agencies. Well, we work in tandem with our -- in tandem with our urban renewal agency and MDC here, so all of the money that Meridian City Council Workshop December 12, 2017 Page 41 of 87 is -- they are utilizing through their grants and through their process doesn't really cross over into the CDBG world. What this means is that if the community has a slum or blight-related project that they want to use CDBG funds for, currently they cannot. They cannot -- we are at this point kind of stuck with no opportunity to utilize our funds for slum and blight projects or for urgent need, because we have never done it before and never really explored it. So, all that we have ever really been able to do is to focus on projects that help those -- those projects that we are serving a majority of LMI clientele or are providing some service or public facility in a specific area of the community that is deemed to meet a certain standard of having a majority of LMI individuals who live in that area. What this is going to do, this slum and blight, it gives us an opportunity to kind of expand our vision, have more flexibility with what we want to do and where we want to do it, utilizing these funds. So, to kind of explain the planning process here, HUD requires us to do something to kind of figure out what is a slum and blight area, what constitutes slum and blight, how are we defining that, HUD doesn't send down federal workers to come and do that for us. Every community is different. They want to know, well, what's slum and blight to Meridian, what are we experiencing here and how can we figure that out. So, as part of this, utilizing funds from the program year 2014 funding year, this last year we got together and gathered stakeholders and, then, we tried to figure out an area that we wanted to focus on for assessment to see where do we want to try and target the potential use of some of these funds in our community. Then we tried to figure out what the definitions were. HUD requires us to define what slum and blight and deterioration and substandard areas are. We have to utilize local and state code to figure that out. We can't just make it up and go with it. Code has to determine how we do this assessment and what areas are even relevant to this conversation. At this point HUD essentially says when you have determined your area, when you have your stakeholders, you now have to go out and assess every single property that is within your defined area, you have to do it based on the criteria that you have defined and, then, you have to figure out exactly where each individual parcel is at in terms of meeting or not meeting the code requirements or the definitions for slum, blight, deterioration and substandard area. We, then, had to go out and do that work. That's happened over -- early this summer with the help of a lot of different people and for each thing that we find wrong for each property we have to take pictures and document it and so this is -- again, this isn't something we are just making up they are putting together, we have developed this form, this criteria for assessment, we, then, have to document why we found it and include a picture for it. Then we have to come together and look at the data and determine if this area even meets the eligibility requirements that the federal government puts on -- on these areas and also the state code puts on this type of process and, then, kind of what we are here to do today is to -- is to present the formal proposal and report and try to get it approved through City Council and, then, hopefully, through the federal government moving forward. So, just a kind of shout out to the participants here, we developed the slum and blight committee, made up of members, including Ashley from MDC, Brenda, our economic development coordinator, Brian, Caleb, myself from community development. Hillary, who was representing the clerk's office, but also representing the historical society. Karen and Keith from Finance and, then, we worked with consultants -- these last four names are consultants from JUB Engineers based out of Boise, who kind did the project Meridian City Council Workshop December 12, 2017 Page 42 of 87 management and a lot of the legwork for this. So, what we are looking at here is the assessment area and before I show you what -- exactly what we did this, to kind of orient you towards CDBG, everything that's in green are the only area specific -- I guess areas that qualify for use of CDBG funds in all of Meridian and you can see they are pretty localized to this -- this main, more dense core that we have here around downtown. Any particular census tract or block group has to have at least 35.7 percent I think of LMI residents living within that area in order to qualify. So, everything you see here in green is saying, hey, CDBG can fund any project that's going on in here as long as it meets what we are trying to do with our consolidated plan. But what you see here -- and I think that this should be obvious to everybody, is that the vast majority of downtown and the areas around downtown, particularly east of it, are not covered by any CDBG funding or related project. We simply can't put any money through CDBG into the downtown redevelopment or any projects that we might consider or want to do in that area. A lot of the efforts to revitalize downtown just can't be funded through our program. So, MDC, as you see it in the purple little order there, is a definition of the -- the redevelopment area that MDC works under. But, again, we can't cross over funds with that. Just because they have defined that area doesn't mean that we can work with it with our program. So, what our group came together to -- communicate together and determined that this area here in this orangy, brown color that kind of recaptures an opportunity for us to utilize CDBG funds to assist any kind of potential future development work that we might want to do in that main downtown core area. Currently, again, when we get -- when we get a new census in a couple of years this might change. We might see lower -- low, moderate income individuals, we might see a percentage increase in that census track around downtown, which will make it easier for us, but this -- essentially, this entire project is to enable us to assist in the revitalization development of downtown, utilizing the funds through the Community Development Block Grant program. So, this is our slum and blight area that we are looking at and I want to make clear here that no one is calling this area a slum, no one is calling it blighted, no one is calling it deteriorated and I think that there is a lot of misconception about what that means. It just means that in terms of the way that HUD defines slum and blight there are certain characteristics -- also the state of Idaho -- there are certain characteristics that can lead to slum and blight and we have focused on this area for studying assessment and to determine how we can potentially prevent that from happening in our community. So, here is the state code. I'm not really going to get into it and word by word, but just so you know what we are looking for, what state code says is a substandard area, so if we don't find these things in the area that I just showed you on the map, then, we can't even look at funding. This is just -- this is irrelevant. But we have to do this assessment and study to figure it out. So, we are looking at conditions that are conducive to ill health or endangering life, lacking -- or open spaces or facilities that are lacking accessibility or usefulness, contributing to economic underdevelopment, deterioration of structures or improvements, depreciation or disinvestment in the area. A loss of investment, population, or utilization of an area. So, we are talking about an underutilization of area. Lots of open spaces is an underutilization of area, for an example. Not in terms of parks or the value of open space, but having large lots that have not been developed would be something that would be considered here and also just anything that could possibly disadvantage or create an inability or a lack of Meridian City Council Workshop December 12, 2017 Page 43 of 87 attraction for private investment into the community and the area. It's something that meets this particular code and it kind of goes to mention to kind of aggregate it more simply, we are looking for physical deterioration of buildings and improvements, any abandonment of properties. We didn't really look so much at high turnover rates, but that is something that we can look at in terms of high vacancy rates and not really an issue that we have in our community citywide, but that's something we could have looked at. In addition, looking at environmental contamination or potential for contamination and any -- any condition that can lead to danger or illness. So, what we did is talked about all of this code, we took our area and we had to determine, well, how are we actually going to assess -- how are we going to do this research, how are we going to look at every single property within this area, which was I think almost 400 or more properties and kind of judge them along this line. So, we have right here an example of just a blank assessment form what was created by JUB with the help of the committee that breaks it down into these six main factors. So, we are looking for hazardous conditions and, then, over in the description you can see A, B, C, D, which are specific things that we are looking for. Is there contamination? Are their walkways or unfit in entries? Are we seeing fire hazards or electrical hazards that exist in the community or in this particular property. We are also looking for faulty public displays or signage. Graffiti would fall under this or abandoned -- abandoned signs or damaged signs. In addition, damaged building elements, which you can see there is a lot of things. Underutilized property. Property conditions where you might have problems with a sidewalk or fences or other things. Broken windows, things like that. And, then, any apparent code violations that exist on every property. So, we had to go to every single property and fill out one of these forms and anytime we checked a box we had to take a picture. So, we have all of this as kind of aggregated and we have created a GIS map, so that anybody in the public, as soon as we -- you guys all -- as soon as we get this approved through HUD we will put this online and anybody can access and so if there is a property owner that's like, oh, I live in that area, what, is my home in poor condition? I don't know. They can look up online, they can see exactly the pictures and exactly the concerns and this is meant to be kind of a revolving project where the committee will continue to meet over time where we can address the needs and change things moving forward. So, this is kind of a development of something beyond just we want to throw money into this area using CDBG, we also want to help actually revitalize and change the development of -- of this area and allow the public to be able to see the processes that we are going through in order to make assessments and to make changes. So, the methodology here is of these factors, these main six factors, each property is -- is given an overall rating score or a band score, if you will, based on the number of contributing factors that come into play. So, if a property only has landscaping problems but is good everywhere else, then, we consider it only having one contributing factor and that's excellent and that happens, as you can see here on this scale going down from excellent, good, fair and poor and what it comes down to is that any property that falls within the fair or poor rating or having more than four contributing factors would be considered qualifying for the slum and blight designation. So, that means that we have got -- anything more than four is going to fall into the category of meeting -- of meeting these definitions. So, in terms of determining eligibility at that point -- so, after we have gone out, we have done all the assessment, we have all these Meridian City Council Workshop December 12, 2017 Page 44 of 87 ratings for all of the properties that are there, we have to assess all of them, obviously, but, then, we need to know how many of them in terms of what percent of that entire area is a fair or a poor assessment and at least 25 percent of them -- so, one quarter of all the properties have to be fair or poor in order to meet the slum and blight designation. It's a pretty low bar and it's a pretty flexible bar and it's relatively subjective based on state and local code and HUD doesn't really say -- like if you're not walking down the street and you're seeing broken windows everywhere and nobody's living over here and all these things are -- this is just like a real slum, that's not what we are looking at here. We are looking for conditions that could lead to slum and blight based on what we have determined through the code. Well, what we actually saw was 37 percent of that area. So, a little more than a third of that area that we defined is experiencing a fair to poor rating on these standards, so -- and JUB put it in the plan, the findings of this assessment establish a strong basis for defining the study area as a mix of older properties and newer developments that present characteristics that are often as associated with slum and blight. So, again, often associated -- we are not saying this is slum, we are not saying this is blight, we are just seeing things that could lead to it. So, here is a map of the findings here with the help of JUB and Brian and the planning division here. This is kind of what it looks like and we will put this online and what the tool is designed to do is you can literally click on any one of these parcels and, then, see the form that's filled out and the picture associated, but you can see that the rail corridor is kind of where we are having a lot of the -- the more deteriorated areas of this slum and blight area, but you can look at this and feel free to look at this later. I have got a lot more -- a lot more things that you can explore about this topic and issue. But moving forward I would kind of like to highlight the things that we found the most. So, the number one contributing factor to the slum and blight designation is damaged or missing sidewalks and, again, you can see highlighted in yellow here every property that was noted to have a sidewalk issue and that's quite a few, particularly as you're heading out east in that area. The second -- the second biggest contributing factor was facades or just damaged exterior to buildings and this can be all sorts of different things, but particularly just the general appearance and the upkeep of the exterior of buildings. And the third largest contributing factor is landscaping. So, this is just inconsistency or lack of coordination or compliance with code based on landscaping. So, here are just some pictures that I have noted to kind of give an example of what we are finding? So. You can see an abandoned property on the top left here. There are a lot of things going on here, but just to kind of see -- this is near the rail corridor that you can see that there is a drainage issue, there is roof problems, there is broken windows, there is lots of boarded up windows there. Just below that you see an obvious break in the sidewalk. Dilapidated fences. Inconsistent landscaping, which doesn't seem like the biggest deal, but there are a lot worse examples that we found in the community. And, then, open waterways that present a hazard, both on property and off property in the right of way, were something that -- we found a lot of open canals and different things were considered to be on the dangerous or hazardous end. So, next steps of what we are talking about today. So, today I will propose that you guys adopt the resolution that approves this plan, but also formally designates the area that we have studied as a redevelopment area. Both of those two processes are necessary for us to be able to send this to HUD and, then, have them explore our process to make sure that we Meridian City Council Workshop December 12, 2017 Page 45 of 87 complied with their requirements. Tomorrow, assuming that we adopt that resolution, I will be sending this off to HUD, we will get this approved and that opens a lot of doors for us moving forward with this program. In 2018 we are going to start exploring actual structured ways to -- to meet some of the needs in this area. In addition, every -- every six months or so we are hoping to meet as a committee to discuss what the progress is being made and kind of pull together the resources and stakeholders to see what we need to do to really focus on this area. And, then, in 2022 we will kind of do this process again to see what's happening and what the movement is going forward and, then, every ten years -- so, in 2027 HUD requires us to do this all over again if we want to maintain that designation, at which point we can expand the area, we can shrink it, we can change our -- we can do whatever we want to do with it moving forward. We would hope to do -- I guess I should say we had hoped to make a larger area for our study area to look at different -- different things that are just beyond the downtown core. But we didn't have the funding for it and we didn't have a lot of time to do that as well. So, we were hoping to kind of start this off for the next ten years to see what are the needs in this small area. I know it's a focus for a lot of different groups in the downtown area. So, that's kind of what we are focusing on here. But with that, this crazy complex thing, I will take your questions. Little Roberts: Madam Mayor? De Weerd: Yes, Mrs. Little Roberts. Little Roberts: Chris, so does this give us an opportunity to request for funds to actually resolve some of these things regarding facade -- I mean I know that that's an MDC thing. Sidewalks and things like that, actually fix some of the things that you're discovering need repaired and updated and beautification? Pope: Madam Mayor, Council Member Little Roberts, yes, absolutely. That's why we are doing this. We want people to recognize that downtown is an opportunity, that there is funding available to start making changes and I don't think that -- there are so many different stakeholders and groups that want to do some of these great and different things in downtown, this opens the doors for that, that applicants can come left and right and whether it's façade improvement or sidewalks, we can all facilitate that through CDBG, assuming that this gets passed, both at the local and federal levels. Little Roberts: Thank you. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: Chris, the property owners, are they informed of this designation that this group has found and, if so, how is that communicated to them? Meridian City Council Workshop December 12, 2017 Page 46 of 87 Pope: So, Madam Mayor, Council Member Cavener, this is one of the -- the few things that HUD requires that doesn't require a public input process and that's not to say that we are not doing that, but without a formal designation of the area, it is something that generally doesn't get put in front of the public to be discussed. If that's something the Council finds expedient, we can -- we can go through that process, but this is something that as soon as we -- we get an idea that we did the right thing, that HUD is okay to approve, that we intend to reach out whole heartedly to every member of the community there, holding an open house to make sure that the public is informed about this assessment, that they know that they can access the records about the assessment on their own property and that we are there to help kind of moving forward with that. Cavener: Madam Mayor, follow up. Chris, I appreciate the -- the public outreach to kind of open the doors and let the public come in. Is there a plan in place to communicate directly with the property owners or is it just relying on them to be hearing about this public outreach processing and to come and attend? Pope: Madam Mayor, Council Member Cavener, that's a very good question. In terms of the property owners there listed in all of our records and databases, they are also listed specifically on the forms that are utilized to do the assessment and we have not done any outreach specifically to the property owners, so kind of like I mentioned, we hope to do specific targeted work towards those property owners, assuming that there is a designation made and this is explored further. We have that list in hand ready to utilize doing any kind of public process that Council deems necessary and as I mentioned, it is not required from the federal level, but -- but if you all would like us to do any specific targeted outreach to the property owners, we will gladly do so. Cavener: It should be, especially if we are -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I echo Councilman Cavener's -- well, maybe not -- he didn't exactly express concern, but it's a concern to me. I -- when it comes to using CDBG funds, I feel this is a more appropriate use of it that I would be more likely to get behind, but I -- I would hesitate to designate someone's property as slum and blight without having at the minimum, you know, our postcards sent out that we do for notifications and certainly as much notification as we can provide Nextdoor and whatnot to -- to request input. I mean we recently experienced a situation where word got out that there was discussion about the possibility of putting a fire station in a -- in a park and the major outcry that we had from that. I fear deeming someone's property slum and blight without -- as a government -- at least given them a chance to put some input, because it makes me want to hide under the desk. So, I -- I love the idea, I love the move, but I think we need take a step back and take that effort first and, then, move forward with it. Meridian City Council Workshop December 12, 2017 Page 47 of 87 Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I agree. I definitely think that we should have a conversation with the property owners, tenants, whoever we need to talk to regarding that, kind of along the lines of maybe we did with -- and I know this was before your time -- with the split corridor, that we have a meeting of those involved and, you know, explained what was going on and things, because, like you had mentioned, the -- the terminology of slum and blight and what we are trying to do, don't necessarily correlate and so I think it would be great to have some type of facilitation where we can talk to those that are impacted before we designate it. De Weerd: Okay. Anything further? So, what direction do you want tonight? What do you see? Pope: Well, that is on the screen. I propose to -- to approve and adopt the -- the resolution. I will yield to you, Caleb. What are your thoughts on this? Hood: Madam Mayor, Members of the Council, I'm not quite sure what we do or why we are doing it necessarily. We can certainly put people on notice. As far as real impacts -- I mean I understand there may be a negative, you know, connotation to being designated slum and blight, but there is no real world -- there is no sirens going off in my backyard if this actually happens; right? There is no -- it doesn't affect your taxes or your insurance or -- if anything, it's positive; right? And we don't designate a property, we are designating the area and as Chris kind of showed in a couple of slides, there is an aggregate and we look and we say, hey, there is four properties in a row that are missing sidewalk, that's where we should do a sidewalk project type of a thing or facades, hey, these ones have some facade needs. I'm not saying let's not gather some information, I'm just not quite sure how we would couch that or what type of information we are asking the public for. It's a pretty technical analysis. I mean a lot of it's taking pictures and documenting things, but are we asking them to review how we have analyzed their property or if they like this concept or not. I mean here is, I guess, where we get a little bit sideways with this potentially. We spent 19,000 dollars with a consultant to develop this. I think we have to adopt something; right? And if you don't want to adopt a slum and blight plan, I'm not quite sure -- and I'm going to probably pass it to Christopher a little bit, but if the elements are there to designate it there -- again, if it's transparency and sharing this information, I think we can do that. I'm wondering if there is a question there really for the public. De Weerd: And I -- I guess just to add to that, this area has kind of -- technically already been determined slum and blight through the urban renewal district, because that is something that had to be demonstrated to -- to set an urban renewal district. So, in essence, they are -- this area has already been labeled that, this just qualifies additional efforts to be able to help give it more help or assistance. Meridian City Council Workshop December 12, 2017 Page 48 of 87 Pope: Madam Mayor, if I may. Looking at the map specifically you see five parcels of land that are not currently in the urban redevelopment area. That would be considered in this point. So, as was mentioned there have been processes that have been underdone to define this area as a redevelopment area. That is what we will call this and that's what it will be designated. It won't be designated slum and blight area, it will be designated redevelopment area, which it is already designated, we just have to go through this process in order to have HUD, then, be okay with that designation, on top of what we have already discussed and what MDC does in this area. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I think to your point -- and Caleb's context is super important. People have a better understanding of context with an urban rural district than they might in this particular situation and so while I don't think any of us are saying, well, no, we are worried about people not understanding, so we are not going to move forward with it, I think our concern is making sure that those -- at least those within the area at least have an invitation to a meeting where they have an opportunity to hear exactly the presentation that you provided, so that I believe everyone in the room has -- has the understanding of the context and how this is a positive thing and I think maybe even a postcard wouldn't be able to sufficiently portray that, as much as maybe in an envelope letter saying a little bit more of the basics than what you could just fit on a postcard saying, but, here, we are going to have a meeting and fully explain it. We want your input. We are doing this, but we are going to have a meeting anyway. We are having a meeting and we want your input and here -- so, that we can explain the positive outcomes and at least give them some warning before, then, we say, yeah, let's do it. Pope: Madam Mayor, Council Member, Palmer, if I may, one of the -- one of the thought processes -- and I kind of want to defend the department in our thinking with this -- not only is it -- because we have discussed the idea of holding a public open house to discuss these things with the property owners, but a lot of it is because there is such intricacy and complexity with developing a plan like this and the bureaucracy that we have to play with at the federal level. A lot of what we were hoping to do was to go through Council with this and, then, make sure at the federal level that everything is okay before we go to the public. The last thing that we want to do is go to the public with something that is needing to be altered or changed particularly as Caleb alluded to that we don't have the funding to, then, adjust. This is something that we can always amend later, that we can always go back and -- and talk about as a Council in this forum, after we get that input from the federal government and from the public and I know that that kind of seems backward in a way and that's kind of the way that we are trying to figure out how to ride, is we want to make sure we are doing this right based on HUD standards, but we don't want to go to the public with something that is substandard federally and, then, make adjustments before we really understand whether or not the federal government will approve and accept the plan as it stands. So, our hope was to be able to adopt the plan and designate the area, get feedback from the federal Meridian City Council Workshop December 12, 2017 Page 49 of 87 government, and, then, revisit it immediately with the public and, then, back here in this forum. I don't know if that would address any of the concerns, but that's kind of the reasoning that we are -- we are coming to you first. Caleb: And, Madam Mayor, if I can just piggyback on that a little bit. I do think that Chris's time and effort -- not that we can do whatever he asks us to do; right? But I do think that the effort, really, would probably best be utilized in talking with these people about the types of projects they envision in this area that could bring them up a little bit, not so much on the front end about should we designate this area, but, really, talking about here is what we have got approved, the types of projects we can do, where should we do that in this general area and what type of -- again are the sidewalks or are they facades or are they -- what do you think based on -- on this study. So, again, we can -- we can -- and we can do it both, but we do have -- Chris isn't a full-time employee and, again, that was just sort of our thought process with how this would move forward post designation is really working with those property owners on what they would like to see done here. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, I don't understand how this is a bad thing at all. I think this is a benefit to the citizens, the homeowners. I happen to own a piece of property in this area. So, I want to disclose that and if I had an opportunity to make improvements or to get some help making improvements, I think that's great. Now, I would re -- I would recuse myself in that and I don't think that's going to happen based on where my place is and what it is, but I'm saying as an owner in this area and something here available to improve even the area around my property, I think it's great and I wouldn't be -- it wouldn't hurt my feelings at all because I already know that. It's not really anything new. Maybe that's just because I'm here and I have seen the plans, you know, over the years, but I think it's a positive thing, so I'm for it. Pope: Yeah. Madam Mayor, Council Member Milam, if I can respond to that in the way that -- we were hoping to kind of frame this discussion around the idea that there is now a region of the community who could not and needs the opportunity to receive an extra source of funding to meet the needs that are there, that now has an opportunity, more so than framing it around we are designating your area as slum and blight and I recognize that particularly in my role I have no control over the perception of individuals, nor a clear act -- or responsibility of accountability that you all do to those property owners and as Caleb said, we will do what we need to to do the due diligence for your end and on our end, but we would propose and suggest that we move forward with the adoption of the resolution based on what we have noted in this discussion. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council Workshop December 12, 2017 Page 50 of 87 Little Roberts: Chris, I definitely think that it's a great thing and -- De Weerd: Are -- is your mic on? Little Roberts: Yes. De Weerd: Okay. Little Roberts: I definitely think that it's a great thing and if that's, you know, what you need to do to finish the federal end of things in order to present it to the property owners and it's already designated through MDC, I definitely -- as long as there is a plan somewhere in there to -- to talk to the property owners, I definitely think that it should go ahead and proceed, that not asking their permission -- I think that it's already designated, let's get whatever help we can for them and improve that area. Pope: Madam Mayor, Council Member Little Roberts, feel free to bind me to whatever thing you need me to do. If we can move forward with this tonight, I will gladly push the envelope over the next couple of weeks to make sure that your concerns are met, after receiving feedback from the federal level. Little Roberts: Follow up? De Weerd: Yes, Mrs. Little Roberts. Little Roberts: Chris, can you tell us how many property owners there are involved in this designated area? Pope: Madam Mayor, Council Member Little Roberts, I do not know off the top of my head. I do have that number, though. I can provide that. I can provide you any information based on this property -- those property owners. A lot of -- a lot of it is owned by -- I don't know -- I would say probably 20 to 30 percent of the area is owned by one or two groups, but beyond that -- there are individual property owners -- as you can see there is a heavy little residential pocket there -- that we will definitely need to reach out individually to those groups. I can get you that information, I just don't know off the top of my head. I apologize for that. Little Roberts: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Chris, can you just share with us what the motivation is in at least taking some action tonight, as opposed to, again, a little more slower, a little more thoughtful of this and delaying it a couple weeks to allow you to reach out to the public? I hear where Meridian City Council Workshop December 12, 2017 Page 51 of 87 you're coming from and I just -- I need some better understanding as to why you're asking us to approve this tonight. Pope: Madam Mayor and Council Member Cavener, so kind of as noted, the -- we were hoping to get feedback from the federal level, as this is designed to be a federal plan and a federal designation, to make sure that our methodology was correct, that we utilized the state code. Now, we did our due diligence to make sure that our process was in line with what Nampa has done with their designation and Boise has done with their designations, so we feel very confident, but I'm pretty comfortable going on the record with this, but we have a very finicky representative at the Department of Housing and Urban Development that I know is going to pick apart this plan to make sure we do it exactly correct and I think that that feedback is very useful information for us to, then, be able to take to the public without having that feedback where -- I can't say that we are less confident in the plan that we are presenting, but we have an opportunity to be more sure about what we are bringing to the public and being confident in the fullness of what we are presenting is accurate and in line with all regulations and codes. Cavener: Madam Mayor, follow up. I guess, then, maybe to rephrase the question, is there anything that's requiring you to ask us to take action on this tonight before the end of the year? Pope: Madam Mayor, Council Member Cavener, no. Cavener: Okay. Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, this is going to backfire on us if we do this this way. I think we need to hold it off until February, give us a chance to have a public meeting in January -- late January through the holidays, be able to have as many people as possible attend and, then, make the decision in early February. De Weerd: Okay. Any other discussion? Pope: Madam Mayor, if I may inject. Just -- just a procedural point that I think Caleb and I will have to work with is that because there is no federally required public input process, how we move forward with this will be kind of the seat of our pants. We have to determine exactly what is appropriate and we have a lot of flexibility with that, but without that structure it might be a little more difficult in time and labor intensive than we would normally have or as expected. I know the city has regular procedures when it comes to noticing and public input process and we will play with those how we need to, but there is going to be an added level of work to this if we -- if we choose to do a public forum prior to what we are talking about today, which is okay. Meridian City Council Workshop December 12, 2017 Page 52 of 87 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If a public forum or however it's structured is contemplated, is it anything more than at the January workshop, for example, between now and, then, the postcard notice goes to these property owners, whose address you have, 99 percent of which within MDC have already been designated, but, nonetheless, it provided notice that on January the 12th there is this economic development opportunity and designation that's going to be discussed at Council at 3:00 o'clock, for example, just come and listen and learn and get a better understanding of what's been done and that can be the opportunity for them to appear and e-mail in advance again information or not appear or whatever those people want to do to at least have an opportunity to learn about it, which we can act. Pope: Yeah. Madam Mayor. Madam Mayor, Council Member Borton, that's, essentially, what we have envisioned on the discussions we have had previously about how to structure moving forward with the adoption of a resolution and a designation prior to a forum, post forum, whenever we are doing, that's what we would do is try to have a -- just an open house where we have a little presentation to educate on what -- what we are doing here, what the opportunities are, and less so of a come tell us how we did this wrong or how we did this right kind of thing. More of this is what the opportunities are that are presented and more of a forum -- less of a forum, more of an open house discussion. Borton: Madam Mayor? The question I guess -- if -- is it more valuable, if we went that route, to have that occur at a workshop or maybe another Tuesday, for us to be present and if the public wants to ask questions with the Council and the Mayor here to see it versus some separate meeting where you guys host an open house and, then, come back and report to us what the -- I don't know -- kind of turn over to any suggestions from Council as to -- if there is a desire to not do it today, what would that look like, to be sensitive to the added workload? Pope: Yeah. Madam Mayor, Council Member Borton, the discussions that Caleb and I have had, if I can cite them, have been more along the lines of doing kind of a lunchtime open house, picking an hour for a couple of days in one week next month, for example, and just making a list, making sure everybody knows and come and show up, less of a formal presentation with Council present in a workshop environment, but we will yield to -- if this is the route that Council wants to go we will do what we need to there. Hood: And also, Madam Mayor, just -- I think maybe Councilman Borton is -- is thinking about doing that before, though, approving the resolution. So, again, if you want to do that before, we would -- me personally, I would rather just do it one time. So, if that's us having that and reporting to you the findings -- I mean if your intent is to hear from the public, then, you should probably hear from the public, not hear from us telling you what the public said, but have the meeting here. But, again, we will -- I would rather not do it Meridian City Council Workshop December 12, 2017 Page 53 of 87 twice, though. I would rather not do something one evening or lunchtime or whatever and, then, have -- duplicate that effort in front of you, essentially, again. So, if that's what you want I guess -- I would propose we just do it -- whether it's a workshop or not I don't even know, but we can do -- in the notice that goes out to people, try to do some of that education on what this actually is. But I think it's going to be tough in a letter or postcard to really explain this and certainly the presentation helps and we may be riling a bunch of people up that -- we are trying to inform them, but we are not trying to -- I don’t know how we do that in a written notice, you know, because some of the language we would like to use in that notice or -- can inherently cause questions and they may come here asking you for those answers, which is fair, because that's what we are asking them to do, but -- Pope: Which is why we are glad we are before you, because -- yeah. Is whatever path you all want to move forward with this, please, give us guided direction on exactly what you're expecting, so we can ensure that every T is crossed. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Moving forward, I would err on the side that you're right and that the analysis you did is right and approve it tonight and -- and still complete the January open house forum -- opportunity to express the development tools that are now available to these properties. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I guess I want to ping off of a comment that Caleb had made and that's that if there is a concern that the public might be angry or upset about this process, then, I would much rather hear them be angry and upset with us before we approve this thing, than afterwards and so even if there is a hint of some concern about that, I think that we should move forward with a public hearing. I agree with Caleb, not trying to have staff scheduled multiple meetings that we don't know who is going to attend, so scheduling this as part of our workshop in January -- maybe it's a packed house and if it's a packed house that's great and maybe nobody shows. If nobody shows up, that's great, because we did our due diligence by communicating with the public and the property owners in this area that this designation is going to be applied and give them the opportunity to come and talk to us. So, I will make a motion, then, that we continue this item to the January workshop meeting, which is January the 8th, and schedule this for a public hearing to allow the public to come and provide any testimony on this and to request that staff send a postcard with appropriate messaging to the property owners about what is set to occur and invite them to come and speak. Palmer: If he means the 16th, I second it. Meridian City Council Workshop December 12, 2017 Page 54 of 87 Bird: The 9th. Palmer: 9th? Cavener: The 9th. Thank you. Palmer: Second it. Pope: I don't know if this changes anything, but I will be out of town on the 9th. Cavener: Madam Mayor. Then I would -- I would amend my motion to change the date from the 9th to the 16th. Palmer: Second. De Weerd: The second agrees? And the -- Chris, I guess the reason you're suggesting it is -- is having to approve this to even know if needing and sharing this information is going to make sense or not. Pope: Yes. De Weerd: Okay. Okay. Well, I have a motion and a second to continue this item to the 9th of January. All those in favor? Cavener: Madam Mayor, sorry to be -- De Weerd: I'm sorry. The 16th. Thank you. All those in favor say aye. Any opposed say nay. Okay. MOTION CARRIED: ALL AYES. De Weerd: And, Caleb and Chris, I think you could probably work with Kaycee and maybe she can help you put together an information sheet that might help make a little bit more sense as to what this is. Pope: Okay. Sounds good. Thank you very much. E. Community Development: Status Update of 2017 Comprehensive Plan Amendment De Weerd: Okay. Thank you. Okay. Item 7-E is also under our community development. I will turn this over Caleb. Hood: Thank you, Madam Mayor, Members of the Council. Been sitting over there too long, so I thought I would stand at this time and haven't produced a PowerPoint either. Meridian City Council Workshop December 12, 2017 Page 55 of 87 I'm just going to kind of run through my -- my speaking points tonight, but feel free to interrupt at any point in time if there is clarification or a question or whatever. Just as -- just the most recent background. On September 12th we were -- I was here in front of you, gave a general outline and the scope of what the new Comprehensive Plan would look like. You asked me to come back to this meeting. We have researched past similar projects, both internally -- so, referenced before were the 2007 Ten Mile Specific Area Plan, our 2006 and '7 South Meridian effort, as well as The Fields District and looking at some of the contracts and RFPs that went out and scope of work that went out. So, Brian's looked at a lot of those, as well as polling other agencies, like Eagle, Boise and Kuna and we met with COMPASS as well and contacted them to talk about similar projects that they have gone through in the recent past and some of them are actually going through them now, just to get a better idea of what we are likely looking at as far as budget goes and scope of work. We met with Finance, too. Keith. To better understand the process and options for procurement, as well as a timeline from that perspective as well. So, I'm going to share that information with you today. Based on those -- on those meetings that I just mentioned, as well as some of the previous direction and discussions we have had, I'm here tonight to just kind of give you that outline of what I would recommend we do going forward. Really, what I'm looking for from you is any red flags. I don't want to be spinning my wheels on going out and having people respond to proposals if I'm not asking them for the right type of information and the right product that we are asking for at the end of the day. So, I kind of -- let's break that down into some bite size pieces for you right now, but here is the first assumption I have. This is not just for me, but, again, for our future consultant -- would be that even though our community has certainly grown and changed in the last five years, which is the last time we did a major update, but certainly the last 15 when we adopted largely the same policy we have there. It's not entirely broken. We aren't throwing the baby out with the bath water. There is still some good stuff in our current comp plan that we are going to retain. So, that's kind of the first assumption and I see some -- not everyone's good, that we aren't starting from scratch here, right, we got some things there that we can certainly move forward and we will touch it all, but we envision a lot of -- a substantial amount of what we have kind of staying in place. The next -- just to kind of get head nods that I'm kind of looking for is talking with Finance and, again, Brian, he's done a lot of research and looking into this. We are looking at doing an RFP, with basically the qualifications built into that proposal. So, we are going to be looking for firms that have specific experience and qualifications to do the specific project. We are looking to find the right team that's a good fit for us. So, the ideal consultant will have experience working with a diversity of comprehensive plans and will be prepared to guide the city through the entire planning process. Here are some qualifications we are going to be looking for in this RFP, a website master or web portal -- again, we talked about this last time. Most people coming to a meeting, even at 6:00 o'clock, it doesn't work well into most people's schedule. So, having an online component is going to be a big deal. More about that here just in a little bit, but somebody that has that -- a firm that has that experience to set up a website and basically maintain it. Again, I have got a little bit more on that, but that's kind of one of the main qualifications. Someone that's involved with public engagement, that understands how -- how to get the word out and facilitate meetings. Meridian City Council Workshop December 12, 2017 Page 56 of 87 A transportation model or engineer. Someone at least -- at least familiar. Don't see that being a huge component, but we definitely want to have somebody part of the team that can do that. And, then, an economist. And I can't forget a planner. They are probably going to have a planner on their team I would think, too, so -- so, the oversight. So, we have talked about this, too, and we have had a little bit of change in this. We are looking at the same steering committee and I mentioned this to you all before, we envision just a steering committee and not the six or seven work groups that we talked about before, just kind of kicking this around and how that would really work. It seems like that might be overkill, at least to start. Now, if we get into this and that's what we realize is that we should set up a work group to address that element or two or whatever, we can do that, but we don't want to go out to shoot with that kind of approach for -- for this planning exercise to start out with six or seven more groups. So, the steering committee would be made up of elected officials, appointed officials, and city staff, who will oversee the project, but the consultant should be able to guide the project from there and the steering committee provides general guidance on the two main elements and topics. So, this is another where I'm kind of looking for a head nod, we have got really these two main themes, if you will, of the new comp plan. Strategic growth management and public services, that's one. So, let me just -- strategic growth management and public services. And the second one is transportation and economic development. So, there is an and in both of those, but those are kind of the two main themes or elements and a little bit more on those here in just a minute. Let me kind of get through the oversight committee and structure first. So, this is also from the draft scope. I just want to read this to you real quick. A manageable number of committees and work groups should be created to divide the work as negotiated with a consultant and city staff. Committees and work groups should include topical specialist, public officials, city staff, agency partners and community stakeholders. So, I have already engaged the transportation commission. They are kind of standing at the ready. Want to be involved in this and willing to serve. Our Planning and Zoning Commission members, at least some of them, could certainly be -- be part of this process, them as a whole, just to name a couple of examples. We envision City Council workshops being used to provide updates and obtain direction as needed. So, using, again, once a month, if needed, come in, kind of provide status updates, if any. But you're all together anyway, so that -- we thought that would be kind of a good way to -- to manage that. Okay. So, here is really the three big elements where we really need some help going forward and that's in the strategic growth management and public services realm and just refresher, this is largely from the strategic plan and I'm going to read these out of the strategic plan. Define and articulate the city's growth goals. Identify priority growth areas and incentivize growth and development. Promote and guide desired growth with investments and infrastructure and services ahead of growth. And complete rezoning in targeted growth areas to direct types of development in alignment with growth goals. So, those are four objectives that are out of the comp plan that we are going to put, basically, directly into the -- not into the scope, but, basically, what we are going to be guiding this process. Essentially what we envision with -- under strategic growth management in public services is this outcome in the comp plan to provide the rules or a matrix for where additional growth could occur, but wouldn't actually define those areas on the ground. It would help decision makers understand comprehensive impacts Meridian City Council Workshop December 12, 2017 Page 57 of 87 of a project. So, the idea is to ensure that development isn't burdening existing or future taxpayers, placing an undue stress on services, or it doesn't have to be subsidized. Essentially making the best use of public funds and partnering on the right projects. Obviously, these measures and matrix would have to be defined with the community and with you all. I don't know what those are right now. That would be one of the first things they would do and it wouldn't dictate -- we don't envision this being a scorecard that dictates, you know, above a certain amount and it's an automatic approval, but it just helps to provide more information on -- if it's the right type of project, right location, at the right time, across multiple disciplines. Again, I envision a hierarchy in this, too. Life safety stuff. You know, if -- if Fire Department says it's like seven minutes for us to get there, that's going to be something that we can -- we can feed into this matrix and say, well, maybe that's too far out. This fire station isn't planned in our CIP until 2020, come back and see us in 2020, 2021, when the fire station is up and running. Just as an example. Schools, roads, other life safety issues, et cetera, could be worked into that. Again, just to reference the CIP in the consolidated financial plan would be -- those tools would be used developing this -- this matrix. But this general concept is a big one that will drive a lot of the discussions for this comp plan update. So, again, I wanted to just touch base on this one that's growth management kind of principle and public infrastructure. I mean it really is a lot about services in the location, developments proposed, and aligning those plans that we have -- not just as the city, but with other agencies, ACHD and school district, to service those areas that can be serviced. So, again, I will pause or look for head nods and -- or for anymore further clarification on that. But that's kind of an overarching theme for this new comp plan is we are not trying to necessarily manage growth or we are trying to understand our impacts in growth and as we are going through the approval or entitlement process is this the right time for that project in this location, so -- De Weerd: Any comment, feedback for Caleb? Do I hear a nod or head nodding? Borton: Yeah. Somewhat. What you're reading, can you send that out? Hood: Sure. Yeah. Sorry. I was still working on it last minute and I had hoped to have had it to you last week to look at it ahead of time, but, yeah, absolutely. So, the second big thing that I just kind of want to -- want to touch base on is transportation and economic development. Not quite sure how this can be titled, but generally that would -- those would be the -- the main things I would enter and this is -- this would be a land use analysis in part to look at whether we have adequate housing opportunities to attract and maintain a workforce necessary for the family wage jobs we seek to keep, grow and attract. Part of this work should look at overall residential jobs balance on the future land use map and whether we have enough planned land uses to support targeted jobs and industries. So, I just want to pause there. So, at least a few of you were up in McCall earlier this year where we talked about kind of the millennials and transportation and this is really a lot of what came out of that conference looking at, again, the upcoming workforce and what they are looking for in communities that they are looking to get a job and kind of those amenities that go along with that. So, it's not just housing. We called it -- it's economic development, but economic development is Meridian City Council Workshop December 12, 2017 Page 58 of 87 the workforce -- well, they live -- have to sleep, too, so they need housing. A kind of sub objective of that task is to determine whether we are attracted to millennials and how we might encourage housing along corridors with future public transportation. Where are these corridors and how might we use these to target population demographics with unique spending habits and lifestyle choices, which are critical to promote our workforce. And just another kind of few related objectives that fall under this umbrella. Rail corridor land use analysis. So, looking at land use intensities to support future transit, transportation, and the right types of land uses along that corridor. Defining future transit supported corridors in areas, which was kind of in the thought above. And, then, develop a master mobility map, which I have already broached this topic with the transportation commission and they would be more than happy to at least give that an initial go. And then -- so, that's kind of transportation. So, again, I will pause just to kind of make sure -- see if there is any questions kind of on that. And it's -- it is -- again, Mr. Borton -- Councilman Borton, I don't mind sending this out to you. It is intentional today, though, that I don't have the exact deliverables in a scope. We plan on negotiating this with a consultant to some degree, but this is what we had planned at a high level to get out of this project. But I don't have tasks and who does what, because I think there is going to be some horse trading to stay in budget, but I will get there in a minute. So, hopefully, what I'm -- what I'm explaining to you makes some sense, but it is sort of abstract until we get to contract stage, have something to talk about as far as who does what, so -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: A scope question that -- that you can correct me on. Are you -- are you suggesting that the scope of the project be less than an amendment to the comp plan and what state code requires to be in it? All of those subtle limits will all be addressed? Hood: Yeah. Madam Mayor, Councilman Borton, I'm sorry, I should have -- that's a little bit more background, you know, into this. All 17 state required elements will be addressed. Borton: Okay. Hood: These ones are -- and some of them are. You know, economic development, transportation, housing, are some of those that the state requires. Some of them -- private property rights, national electric transmission corridors, we will touch them. Agriculture. We will touch them, but we probably won't do a lot with them. So, I didn't want to -- these are -- again, these are ones that are kind of nontraditional, if you will, or at least something that I want to make sure that we are -- we are going to need some more help from a consultant to help us analyze these things. We can't just do it in house and so a lot of the bill that I envision from this consultant will be to address these things that I'm highlighting for you today. But it will be kind of a traditional comp plan update, but these ones are kind of in a little bit nontraditional elements, if you will. So, Meridian City Council Workshop December 12, 2017 Page 59 of 87 then, the third thing that -- again, kind of big ticket item, if you will, that -- that I envision -- and this is what I talked about before is public involvement. So, you have to do your traditional engagement, you know, things like open houses and town halls and sending out mailers and those types of things, but as we discussed before, we would like to have a web portal set up, so someone could go on, they could sign up to receive project alerts, view regular content -- content updates, be challenged with questions or surveys, provide input, respond to others ideas. So, you can drop a pin. You can comment on someone else's idea. Oh, I like that idea or I don't or I support it, those types of things, and, then, just view material. We envision potentially video snippets being uploaded of meetings you couldn't make in person, do a 60 second summary, put that on the website, you can catch up, you can comment, you can still fill out the survey -- you know, it's -- again, if people can't make it into these traditional things -- we even hope that it can be mobile friendly, although, again, we get into negotiations and I don't know how much that's likely to cost, but that's something that we are going to put in there that, hopefully, this firm can develop something that you can use on the go. I do want to just pause to say certainly the final document -- I mean this is, you know, kind of a razz to society. I don't -- I can't remember the last time someone asked for a hard copy of our comp plan. So, really, it's going to be, you know, our final document is going to be, you know, in design is pdf and put on the website. It's going to be -- it's going to be -- it's going to be user friendly from the web. So, I just wanted to just kind of put that out there, you know, that it will be online base, basically. Kind of the goal with this public involvement process, when you go nontraditional means there will be an increase in the transparency, broaden the base, enrich the content, sustain a conversation and save money. No, we aren't saving money on that. We will spend more money, but, again, we -- we think we can -- by broadening the base and sharing that information online it will better the process and get more people involved, but it's probably not going to be cheap. So, other tasks -- just to mention them real quick, that will be in there, but I don't necessarily need a head nod, but rim area and policies will certainly be called out in the scope of work and looking at -- at the southern rim and south Meridian and southwest. The Fields District area. The Magic View-Woodbridge area, we haven't talked about that in a little bit, but I would like -- need a little bit of help on that. So, there is just a couple of other tasks that I thought -- so, to cut to the chase, time line and costs. Brian is working right now -- it's -- on putting together some of these elements and it's anticipated that a substantial portion of the work will be performed in fiscal year 2018, but will most likely not be completed until later in FY-19. By this City Council, minus Councilman Bird, obviously -- but that was the idea. We talked about -- I know we have had some other conversations maybe about that, but we think it's best to go ahead and -- you know, the goal would be to complete this, you know, fall to, you know -- if it's in the summer it's great, but fall to winter of 2019. So, the RFP will be drafted and completed by the end of the year. So, the end of this month we will have something to Finance. Finance has two weeks to review, format, and get on the street. It's in a formal deadline, but that's basically the timeline, again, was two weeks to review it and format it and get it on the street. We would like to leave it open for about six weeks. Once we receive -- you know, we have two weeks for our evaluation scoring team to meet, discuss, and score the proposals -- and just real quick we envision, you know, Community Development being involved. We would ask Parks and Public Works, and Meridian City Council Workshop December 12, 2017 Page 60 of 87 Council -- our Council liaison, if he's interested. I would like to have probably a developer or two on -- on that group. We don't want to be too big with the evaluation team, but those just kind of sit on -- those are some folks that we have already identified as being on our scoring team. Two weeks to negotiate the scope and the contract with our preferred consultant and, then, one week to get it on the City Council agenda, that scope and contract with a budget amendment of around 150,000 dollars is we were -- what we were looking for here. So, looking -- just to kind of put that all in there, we will be looking at the -- that puts us at about the March -- March workshop with that timeline that I just went through or maybe sometime early April -- April if any of those things slip a little bit. But certainly I think April is doable. We will shoot from March. So, again, Brian McClure is -- is great. He -- he has agreed to kind of take the lead on this project, so we are in good hands with getting, you know, this up and going and off the ground. I'm certainly working closely with him on reviewing the scope and Finance, obviously, but he's working on the evaluation criteria, identifying proposers to get this out to, to encourage them to submit a proposal to us and any potential champions to it as you get into this process, who do we want to have on some of these steering -- you know, other sub committees that are part of our -- this process besides the general public. So, just the last thing, Madam Mayor, is we don't have a catchy name or a way to market this yet. So, it's just something else to think about. You know, it's called the PALMER plan, I guess, if that doesn't get taken. He is my liaison right now, so maybe that works. Growing together was thrown out there at one time. I don't know if we want to use that. Meridian 2039 -- I mean kind of, you know, the Mayor is now changing her State of the City address to, you know -- it used to be '59 or '29, so you could do Meridian 2039, it's a 20 year plan. It's just off the wall; right? Year 2040, 2045, 2050, something different that's catchy that -- what? What? Five 20 -- anyway. So, be thinking about that. So, with that, Madam Mayor, Council, I will share this with you, I will clean it up a little bit. I have got some notes in here, but I will share through the memo and -- De Weerd: Any further comments, questions, catchy phrases, ideas? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: No phrases, but should we consider for those that receive the RFP proposers in teams? We would be looking for a single entity, but oftentimes these are done in teams, which is challenging with an RFP process. Could we allow teams to submit? Hood: Yeah. Absolutely. Madam Mayor. Yeah. We envision someone will be the lead and put subs on their -- on their team. So, if you have any ideas about -- you know, there is very few firms that have in-house all of those trades that I just mentioned. So, they are going to have to put together teams, which is very frequent in our -- in our -- yeah, it's pretty common. Borton: Madam Mayor. If we do that -- and I have been on one of those before, is an RFP challenging to use that structure, as opposed to an RFQ, because the team Meridian City Council Workshop December 12, 2017 Page 61 of 87 doesn't yet know how to bid it? Because they don't really know how they are going to divide up the work, but they are qualified as a collective group? Hood: So, Madam Mayor, Councilman Borton, Keith asked me if he should be in here and I said I think you can just watch it from your -- your PC and I know there is a lag, so he probably won't be coming in, if he's paying attention, in time, but we did talk a little bit about that. We talked about the -- the pros and cons of doing an RFQ first and, then, doing an RFP. To just summarize that discussion, he didn't -- he did not recommend that. He said that will do nothing but delay time. You can, essentially, put your qualifications in an RFP and negotiate with -- again, you're going to have a lead, so they are going to sub out -- I don't know how they do that. I have not been on that side of -- to figure out if their role gets more, but this role was left -- less as you negotiate that. I think just what I know kind of about that, they just have relationships, generally speaking, and they -- you know, they will charge by an hour, right, and so if it's 50 hours of work or 500, I'm going to bill you at my billable hour. But, again, we discussed that to a certain agreed. Not quite the way you just couched it, I mean I didn't say, well, we have got multiple different trades, do we want to do an RFQ to look at that team as a whole, but I think he understood kind of what we were doing and that we needed -- in the RFP, yeah, just kind of state that in -- within the RFP itself. Borton: Madam Mayor? And that's fine. If you guys have gone through it -- he's now coming down. If you have gone into it it's -- let me tell you about Keith Watts. He said -- if you guys have addressed it, that's fine. He wants to probably respond. So long as there is sufficient time -- the six weeks still allows -- RFPs are sometimes trickier to put together than RFQs. If it allows ample time for them -- a team to collect and provide meaningful input. Watts: I think that would -- I think that's the reason for leaving it out so long. With an RFQ process you're really going to be asking them to do two proposals and two solicitations. That's going to extend your timeline and, really, they are going to be basically doing the same work twice, because with an RFQ they are going to probably put their proposal together anyway, know who they are going to work with when they submit. And an RFQ is strictly qualifications. You're not going to ask them any information with an RFQ about the project, you're going to tell them what the project entails and you're going to ask them for their qualifications. So, you're not going to get anything more than that. Then you're going to turn around and go back out for the short list and you would issue an RFP to those folks. Borton: Who are qualified? Watts: Yeah. So, I mean it's give or take. I would prefer to do an RFP, do it one time, don't make them do the work twice, and leave it out long enough, so they can put their team together and give you a good response. I would ask -- Council, I guess I will throw my two bits in, too. As far as in the procurement world, having an elected official sit on your evaluation committee is highly regarded as a poor choice, because typically that Meridian City Council Workshop December 12, 2017 Page 62 of 87 elected official has the influence over the employees on a fair evaluation. So, we -- we tend to be -- shy away from that. Hood: Sorry, Mr. Palmer. Cavener: Madam Mayor? Maybe a suggestion of a newly retired elected official as a suggestion? Just a suggestion. De Weerd: Did you say no? Bird: I said -- Milam: That was maybe? Bird: Maybe. Madam Mayor? De Weerd: Mr. Bird. Bird: I do agree with Keith, it's -- it's not only hard for the other people, but it's hard for the elected official, too. You know, we -- whether we deserve it or not, we get set on a pedestal on something like that and -- and our voice seems to ring louder than the average. So, we might talk about it. Watts: Thanks. De Weerd: Thank you, Keith. Okay. Council, any further information needed? Okay. Hood: I'm up next, too. That's why I'm just lingering. So, whenever you're ready. J. Public Works: Proposed Update to MCC 9-4-24 De Weerd: Well, Council, I know Mr. Slyter is here and if we can move Item J up -- I know this is riveting, but -- Freitag: Yes, it is, Madam Mayor. Madam Mayor, Members of the Council, thank you for your time this evening. De Weerd: Yes. Thank you, Mr. Cavener. Freitag: Just a very -- just a very quick update on this and, then, however you want to proceed. So, last workshop last month Kyle Radek brought to you the recommended language changes regarding our wastewater user charges in our city code. At the conclusion of that presentation, which was very thorough and you all sat through that, he sent -- he sent that to you in e-mail form, asked for any additional feedback. We did not receive any from you. We also provided that feedback to Mr. Slyter. He had an opportunity to provide us with comment on that. He did. We met again as a team, Meridian City Council Workshop December 12, 2017 Page 63 of 87 applied the comments that Mr. Slyter had to the proposed draft changes and the ordinance. We, as a team right now, are comfortable that the draft changes to that ordinance address the comments that Mr. Slyter had. So, really, that is kind of our update as to where we are at right at the moment. So, I will pause there and stand for questions if you have any. De Weerd: Council, any questions for Alex? Mr. Palmer. Palmer: Madam Mayor. Can you give us an idea what some of the alterations since were? Freitag: Madam Mayor, Members of the Council, Councilman Palmer, we have made no changes from the language that Kyle presented to you last month. It is the exact same document at this point. De Weerd: Okay. Mr. Slyter have any comments? Slyter: Possibly if I could just understand or -- De Weerd: Sir, if you can just repeat your name -- Slyter: Merlin Slyter. Possibly if I could just understand or hear the -- the reasoning that the committee used in not looking at the sentence that I suggested as a change to their draft. Is that possible? De Weerd: And -- and you're suggestion -- your suggested change -- Slyter: The language -- I believe, if I have the draft -- correct draft -- is this correct? Freitag: That looks like our draft. Yeah. Uh-huh. Slyter: Paragraph two, default wastewater use cap. In any instance where the customer's wastewater use calculates to less than 1,000 gallons per month or there is no customer data to calculate a wastewater use cap, the default wastewater use cap shall be applied and I just thought that the phrase -- where there is no customer data to calculate a wastewater use cap -- was too vague. W hy wasn't there any customer data? It could have been because the system of the city to collect the data failed. De Weerd: Okay. We will -- Slyter: And that would be -- that would not be the fault of the customer. So, why shouldn't that just be clarified a little bit better as to why there would be no customer data and there probably wouldn't be any customer data because they didn't hold an account the previous winter. Meridian City Council Workshop December 12, 2017 Page 64 of 87 Freitag: So, Madam Mayor, Members of the Council, we did discuss that. It's true, there could have been a malfunction in the next section, on section three under that -- De Weerd: Thank you, Mr. Slyter. Freitag: -- we do allow for the customer to request an adjustment. There is a process for that. So, we felt in those rare circumstances where that situation might exist, they would simply do what they have always done, which is request a billing adjustment through MUBS and we would investigate and adjust accordingly, so -- De Weerd: And I think that Kyle had addressed that. Freitag: He did. Slyter: So, that was the question I had and I hadn't gotten any feedback on reasons for and against. De Weerd: Okay. Slyter: I proposed other changes. I don't know if your committee changed -- Freitag: Kyle did, actually. De Weerd: If you can work through me. Slyter: I'm sorry. De Weerd: So, we would love to have a conversation going on at the podium, but it's -- it's hard to follow in the public record. So, your -- what are all your questions and, then, we will ask Alex to kind of address it. Slyter: I had -- I had proposed that that phrase be changed to read: Default wastewater use cap. In any instance where the waste -- customer's wastewater use cap calculates to less than 1,000 gallons per month or whether the account was not held by or for the current customer at the same location such that a wastewater use cap has not been calculated -- instead of the phrase: Where there was no customer data. De Weerd: Okay. Slyter: Simply says how or why there would be no customer data. Didn't have an account there the previous winter. And I just go for more -- personally I go for more clarity, understanding exactly what is being attempted to be said and I think that's a little clearer. People that don't know the process wouldn't understand why there wouldn't be any customer data and this would explain why there -- that possibility exists. De Weerd: Okay. And did you have another question? Meridian City Council Workshop December 12, 2017 Page 65 of 87 Slyter: No. That was -- that was the only clarification that I suggested to their draft. De Weerd: Okay. Thank you very much. Freitag: Madam Mayor, Members of the Council, I think we just took the position on this that simple is better and in the case of any kind of dispute regarding the data that is read from the meter, the customer has the opportunity, as drafted here, to bring that up with MUBS at that time. So, it really was kind of a catch all. We felt like it was just the right approach, rather than trying to -- working every potential scenario into the ordinance language, we just took the simplistic approach, so -- De Weerd: Okay. Council, any questions for Mr. -- either Slyter or for Alex? Cavener: Madam Mayor? De Weerd: Yes. Cavener: Alex, I'm trying to walk through this as a customer if I was experiencing this and it sounds to me as you presented it it would require me as the customer to take extra leg work to bring to light if there was a glitch or an error on the equipment, as opposed to what I'm hearing from Mr. Slyter, which is the onus is on the city to prove that it was accurate. I guess just looking at it from a customer standpoint to ask our citizens to go through an extra hop to me just seems cumbersome. I appreciate where your intent is coming from to try and make the -- the code as easy to understand, but I just think that from a -- from a customer standpoint we shouldn't be making our citizens jump through extra hoops to justify if there was an error or an issue with the city. Freitag: Madam Mayor, Members of the Council, Councilman Cavener, I would agree with you and in any case like what is being described here, the customer simply would pick up a phone and talk to our MUBS department, say, hey, I don't think my data is correct in this situation and that begins this process. There isn't really -- there is a formal process where if they don't agree with the answer that they get from our MUBS department they can appeal that to a sense, but this is simply a, hey, I'm not sure this is accurate, can you help me out, and we allow for that in the ordinance. So, that was really kind of the approach we took on the whole thing. I don't know that there is -- there is an extra hoop or anything that we are making them jump through, it's really just a -- this is a -- if you see something odd on your bill, you're allowed to call, we are willing to talk with you about that and kind of go from there, so -- De Weerd: And it has triggered the conversation and there has been a number of different influencers that have led to it. Any other questions from Council? Okay. Slyter: Madam Mayor. I just wanted to thank the Council and you personally for taking the issue up. It was a surprise. Meridian City Council Workshop December 12, 2017 Page 66 of 87 De Weerd: Thank you. We oftentimes we don't know something needs clarified or is broken until someone brings it to the attention and I appreciate that you worked with staff and that staff really put their heads together to find something that works for -- as broadly and as specifically as possible. So, thank you for your feedback. So, Council, are you comfortable? This is a proposed update. I -- do we need any Council action? Nary: Madam Mayor, Members of the Council, I still have to bring the ordinance and actually put it on the agenda -- De Weerd: Okay. Nary: -- at a future meeting. De Weerd: And -- but you're comfortable with just where we are? Nary: Yes. We will put it on next week. De Weerd: Okay. Thank you. And thank you. Appreciate the update. And thank you for your time. You have had to sit through a lot to get to this point and I apologize I didn't move this up earlier. F. Community Development: Rim Policies Update De Weerd: So, we will be back to Item F. Caleb. Hood: Thank you, Madam Mayor. This may be a record item for me. Just a quick update. So, a refresher. On November 14 there was a comp plan text amendment hearing. You all voted to continue that to February, so that additional outreach with stakeholders could happen. You asked us to come back today with an updated plan. And it's pretty high level, because there is a pending public hearing again in February, but Public Works, in analyzing some of the impact that some of these policies could have on some of their infrastructure and sewer sheds, and we will be bringing that back later next year, we did meet on December 6th -- that was just last week -- with three members of the BCA, as well as three members of the Southern Rim Coalition, to kind of just understand everybody's perspective, see if there is any common ground or what the issues of contention may be and we have, as you all are aware, a larger stakeholder meeting on January 3rd in City Hall here to explain the draft policies in the rim areas, both the north and the south rim. So, really the direction or just concurrence I need from you is we do plan on noticing those neighbors via Nextdoor, as well as letters out to about 200 unique property owners in the next few business days, if you're okay with that approach. Now, the folks that would be getting a notice are those that have two acres or more and are within -- I do have some exhibits if you want me to pull them up. But are within either one of the proposed rim areas. If you have two acres or more, you're in the rim area, we will send you a notice, as well as any other subdivisions that have HOAs in there. So, we will use the HOAs to help get the word out to the rest of their constituents, but we are not going to send it to every single lot. We are going to Meridian City Council Workshop December 12, 2017 Page 67 of 87 send it to their HOA or property manager or whatever. So, again, that's going to equate to -- we have identified 26 subdivisions with known HOAs and 244 properties that are the two acres or larger. The reason that number drops is because you have somebody that owns four or five acre parcels. There is only one when it gets around 200 postcards going -- or letters going out. So, again, if you're okay with that, that gives them about two or three weeks to put it on their calendar before our meeting on the 3rd. We ask again that you don't participate, because you will be asked in February to actually make a decision on this -- this topic. So, if you're okay with that update -- if you want more I can provide more, but that's kind of where we are at. De Weerd: Council, any further information needed? Thank you, Caleb. We appreciate your brief presentation. G. Fire Department: Proposed Update to Public Fireworks Display Permit De Weerd: Okay. Item 7-G is under our Fire Department. Bongiorno: Madam Mayor and City Council, I also have a quick one. I brought this draft proposal amendment ordinance to you last month. The goal of my ordinance was to bring the fire departments in the valley to where we are all on the same playing field when it comes to ordinances. So, this ordinance mirrors what our neighbors, Boise, are doing and, then, I'm sharing this with our other neighbors around us as well. So, we are all on the same page. Council Member Borton asked me if I had shown this ordinance to the fire -- the provider of the fireworks themselves and I had not, so I have since then contacted the local vendors that -- of the fireworks company and I contacted the company themselves out of San Diego, sent them copies of the ordinance. I talked with the local rep. Nobody had any comments on it. They were good with what we had. So, with Council's direction I'd like to bring this back next week or whenever it's convenient as an ordinance to be approved. De Weerd: Okay. Council, any questions, concerns? Bird: Sounds good to me. De Weerd: Sounds good. Bongiorno: Thank you. H. Fire Department: Station #6 Architectural Update De Weerd: Thank you. And Item H is our -- an update on Fire Station No. 6 on the architectural selection. Charlie. Butterfield: Madam Mayor, City Council, thank you for your time. So, I'm here to give a few updates on the Station 6 and moving forward. As I believe was mentioned last Meridian City Council Workshop December 12, 2017 Page 68 of 87 week by Chief Niemeyer, we are moving forward with the Overland location and moving away from the Bear Creek location. We have -- we have completed the request for qualifications. We have gone through that process, which ultimately led to a roster of three architectural firms. We had a total of ten architectural firms that submitted in the RFQ process and in the scoring and a review of those ten applications, resulting in down to the three finalists was a combined effort of multiple fire chiefs, because this roster is for multiple fire departments to go from Meridian, Star, Eagle, Nampa, Kuna and Caldwell fire departments, all were involved in that process coming down to the three architectural firms. The one architectural firm that was picked was Rice Miller Fergus out of Seattle area. They have experience in designing well over 200 fire stations and they are also combined with another local architectural firm that teamed up and that's the firm that we will be working with. The consensus among the fire chiefs as they went to the scoring and part of this whole process of having multiple fire departments and multiple fire chiefs involved in this is that, essentially, a fire station can be used by -- the same design could be used by multiple different fire departments. So, what we were curious about is there a cost savings. If we are all -- with multiple fire departments and multiple fire chiefs are designing similar fire stations, three apparatus bays, the same kind of living quarters, same sleeping quarters for fire stations, same kitchen, same living, can we realize a cost savings by having -- especially a large firm like that come in, design the same fire station for two jurisdictions, would we -- would we realize some money savings from that and what we learned is that the Caldwell Fire Department, along with us, is both -- we are both moving into the design phase of a fire station right now. So, the contract that we got back from -- from this conjoined firm of these two different architectural firms, realized a cost savings to the city of 55,000 dollars by having this joint effort. So, we save 55,000 dollars and the City of Caldwell saves 55,000 dollars by this joint effort on the contract that is coming forward. That contract is currently in review by Keith Watts and Legal and should be coming to you shortly. So, I think it's important to recognize that these efforts that have been being done on the fire -- the fire service and with these other fire departments is actually going to be realizing some cost savings. Also we currently are working through the RFQ process, requests for qualifications, for a general contractor construction manager. That RFQ has recently gone out and ended. Multiple firms have submitted their RFQ, so that -- again, the multiple -- all the fire chiefs will be getting together and scoring those to come up with a roster and from that roster anyone of the departments can choose the top three finalists of that RFQ. That is currently in the works. We will, beginning later this week, to start with planning staff and begin the annexation process for the Overland property. So, that, along with the conditional use permit, will be coming shortly and, then, also we have a station design committee that includes myself and, then, three of the line firefighters, because they are ultimately the ones that will be living in the station, so making sure that they have input on the design process, the living quarters is very important as well. So, we do have that committee in place. We are researching different other departments that have built fire stations and understanding some of what they have done, best practices, and what the crews, again, ultimately will be living in those stations like about other new fire stations. I think that's a really important part. So, a brief overview of where we are at on the Station 6 process, but be happy to stand for any questions. Meridian City Council Workshop December 12, 2017 Page 69 of 87 De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Who is the local architectural firm? Butterfield: Pivot North. That's the local architectural firm. Pivot North. Bird: Where are they out of? Butterfield: Boise. Bird: Boise? Never heard of them. Just a word of warning. Having spent 42 years working, these architects that come from the south and from the coast sometimes don't understand the variation of temperature degrees we have in Boise, Idaho. You live in an area that goes from 40 to 90, like they do on the coast of stuff, and California and, then, we go from 20 below to 110 above, just a word of caution. Butterfield: Thank you for the advice. De Weerd: Any questions or comments? Okay. Well, personally, I think it's exciting that by working with others you can find some cost savings. These cautionary words of advice are very valuable and I think we probably have been capturing a number of comments from our current stations to also pay attention to in the feature stations that we -- we have. So, if there is nothing further, thank you, we appreciate your update. Butterfield: Thank you. I. Legal: Small Cell Agreement Discussion De Weerd: Okay. To our Legal team. You can talk small cells. Exciting. Keep it brief. Nary: Madam Mayor, Members of the Council, I will try to keep it brief. We have met with the Verizon -- the Verizon folks that you have heard from previously. They have answered a lot of the technical questions that we had brought to you a couple of months ago that we had concerns with and I think it's still going to be an ongoing process, but we have reached a couple of issues that I provided to you that we need some direction or some clarity on and I welcome if Warren or Caleb have any specifics that I may miss, that they could raise to help us get this contract kind of completed, at least to an initial -- initial form with Verizon. We have looked at a number of them, but the couple of questions that we have is one is the process. We talked a lot about process with you as do we want a lot of up front process with the public. Again, these are light poles that go in both residential areas, as well as in commercial areas. The residential areas Meridian City Council Workshop December 12, 2017 Page 70 of 87 currently, because they go in right of ways and they go in areas that not -- they don't go on private property, they go in the right of way, we don't have a tremendously large process. We have identification of locations every year as part of the budget process, we have a certain amount of money that gets allocated for these, then, the Public Works Department works with various neighborhoods and the Police Department. I think you have heard before, you know, we identify areas that need lighting and so that's done on an annual basis and there is a list that they create out of that and, then, they go through a long process of getting those installed over the course of one fiscal year. We didn't anticipate adding greater to that particular part of the process to add these to it. These are on city facilities, on city poles. We didn't envision having a tremendous public input, because we didn't get -- we didn't send out a huge notice or do an application or a land use application to put the poles in in the first place, to add the antenna to the pole, we didn't anticipate doing that. Now, if that's the direction you would prefer, that's fine, we will need to figure how that works. In talking with Verizon, they indicated that they, in working with other cities, it takes them somewhere between -- and I will probably get the numbers wrong, but at least a year to as much as two years to actually identify locations, work with the cities on -- on putting those -- those antennas or devices onto the city infrastructure, doing the construction, adding them to it, so it's a pretty elongated process for them anyway to do it, but if that was the direction you would like, that's something we wanted some clarity on, if you wanted us to do more than what's already being done for the poles themselves. Secondarily, in the neighborhoods we talked about designs. So, in the neighborhoods, in residential areas and residential zones, on residential streets, we have primarily one pole style. So, it seems like it's pretty easy to work with Verizon to identify that type that we would, then, allow in a residential zone, because it has to be compatible and they have gone so far as saying they actually purchased the same poles that are just heavier in strength and ability to hold these antenna devices on them in a safer manner than just a standard light pole. So, they look the same, they are just constructed slightly differently, and once they have identified that, was able, then, to replace the existing pole with their new pole. If you want us to do more design outreach, that was an early discussion, do you want public input in the commercial areas, there is a variety of different types of things. We anticipated that to be the negotiating part of the contract, but if you want us to do some sort of public outreach first, that was the direction we were seeking, because, again, it's going to be so situationally specific to the type of commercial area and what could be there and the only difference we could identify internally that we felt we would allow in commercial areas and not allowed it necessarily in residential areas, is -- and the term I know -- one of the terms they use is battery backup and I don't have a picture -- well, actually, I can provide C.Jay with a picture to put up. You may or may not have noticed this in these photos when they provided them -- as he's putting that up -- in our discussion internally we felt that the battery backup they said that -- Verizon told us they wouldn't need them in most cases, but they do occasionally need them and if you look at this picture, when he gets it up, it's a fairly large device that seemed to us to make more sense in a commercial zone and didn't make a lot of sense to us -- it's this third picture, the one that's got the blue sky in the background and a single pole, that thing on the grass that looks like a refrigerator, that's part of that device. So, they didn't highlight that in the conversation that we had, but they did with us and so that was something we Meridian City Council Workshop December 12, 2017 Page 71 of 87 felt -- we already have people that are frustrated sometimes mowing around a pole, they probably don't want to mow around a giant box in their yard. So, we felt that we would not allow those to be in neighborhoods and we would consider them, depending on the circumstance, in a commercial area, because in a parking lot or something else you could protect them and they probably wouldn't be as obtrusive. But they definitely were something we were concerned with in the neighborhood. Ground based equipment is the other term for them. But -- and they vary in type and they vary in size, but they generally are about the size of a refrigerator and so we felt they were fairly large ones to allow in somebody's yard with everything else. Again, if you think we should, again, open this up to the public to participate -- again, I don't know that they can give us specific examples -- I mean if you look at this picture right here, there is four different types than just this one -- there are five different types just in this one picture and I think they are always going to be situationally specific to the area, the location. You know, this one here they really like to highlight, this is a kiosk that they created in San Francisco. This one here, the second picture, is -- is an antenna on the top of it and the whole thing looks like a kiosk. You wouldn't be able to tell it was anything, other than a kiosk. So, there is, obviously, a lot of variety they can do, but we felt in the neighborhoods there is really one and in the commercial areas we would create some level of flexibility for the city to determine what could be there. This one's more of a heads up on the FirstNet. I indicated that to you, we discussed it with them, it really wasn't a -- a great discussion topic. FirstNet is a national vendor that's been accepted by the federal government and now has been accepted by the state government and that's all it is. The state has indicated they would join the FirstNet program when it becomes available. It's for emergency responders. That is the most I know about it. I don't know that even our first responders know more -- much more about it than that, because it's still in flux and still in development and so I don't know that there is a lot to it. We did ask Verizon did -- was there a concern that there could be conflict between them and, to be honest, they didn't really want to discuss it. They really felt like it really was so speculative as to what that would look like and when it would occur and if it would occur, that they really didn't feel it was necessary to address it in this agreement. I don't have enough information about it to address it, I just wanted you to be aware that there may be some issues that may supersede us doing this or supersede allowing them in certain areas, but, again, I don't know if we will even know when that occurs, so -- De Weerd: It looks like the chiefs have heard of it. Nary: Well, I know they have heard of it. Niemeyer: Madam Mayor, Council, yes, Chief Lavey and I have both heard of it. I serve on the board of the Western Fire Chiefs, so I actually went to FirstNet headquarters in Boulder, Colorado. So, several years ago -- five years ago the federal government said we want a dedicated nationwide broadband network for public safety to solve some of the communication issues that were going on. They put out an RFQ for proposals for a cellular provider to provide this high speed broadband network and AT&T was the winning bid. It should not affect what we are talking about here. This is Meridian City Council Workshop December 12, 2017 Page 72 of 87 specifically for public safety only. It involves preemption and priority. Those two words have been thrown around a lot. Basically in times of crisis like what they are seeing in Los Angeles under this broadband system public safety responders get priority on the cellular network for communication purposes. So, it should not affect this at all. FirstNet and AT&T that build out here in Idaho is still about two to three years away. The governor opting in simply meant that it gives the opportunity for Idaho departments to opt into the AT&T system. Under the federal law if we would not have opted in, Idaho would have had to build out its own public safety broadband network to the tunes of lots of millions of dollars that we don't have and so -- and maintain it. So, that's the -- that's the gist with FirstNet. Nary: And the question that we asked -- and this is where I think, again, they really didn't anticipate really -- incorporated this into the agreement is is there the potential that a FirstNet need would supersede the existing need of this antenna on a particular structure and, if so, we, then, have it removed to allow the FirstNet need to basically -- and their answer was no. So, their answer was once they have -- we have agreed to put it there, we couldn't simply decide we didn't want it any longer without some -- I mean maybe there is -- I think there is some room for some time table that we would renew this license agreement, but their view was there would be a significant financial investment by them to put the structure in and they didn't want the city, after making that investment, six months, a year, two years, five years to say we just don't want that there anymore. Now, again, it's a license agreement, so I think we are going to have to build in some ability to renew it and that we still have the discretion to not renew it at some point in the future, but that was the context of the FirstNet question. So, I think that's going to be part of the conversation going forward, I just wanted you to be aware of that, that we raise it in that context and I agree with the chief, I don't know that it really is really that relevant to that, but when they also said they wouldn't be very agreeable to us simply saying we no longer will allow you to do that, I guess that will be an issue we will talk about. Just wanted you to be aware. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Of course government would create an all-powerful technological system and name it something that sounds a lot like Sky Net. No movie buffs in the room? Milam: Madam Mayor? Oh. Nary: My last item -- and, again, I will take everybody's input -- is the licensing fee. So, in our -- in the corresponding jurisdictions ACHD and Boise city are the only ones that have agreements currently. There are some application fees, which for us are pretty formulaic in how we come up with those. We haven't really gone through that process to determine that, but there would be an application fee. ACHD breaks their application fee up into the type of facility they want to have, where they want it, if they want that battery backup as part of it there is another fee that attaches to it. So, there is some Meridian City Council Workshop December 12, 2017 Page 73 of 87 other tiered fees that we think -- but the other piece is the actual license fee. ACHD has a 750 dollar license fee. That's when it includes the ground -- the battery backup on the ground. It also has an escalation clause annually. Boise city's is 400 dollars and they don't have the battery backup issue, they just allow whatever -- whatever you ask for, 400 bucks is it. I don't have any clarity as to how we would determine what it is. You heard them tell you a hundred dollars. I don't know that a hundred dollars is reasonable, but that's an issue that we will have to address with them, but I -- if you had any suggestions or input about that I'd appreciate it. If I forgot anything for other committees and welcome the input, but those are the issues we had and we think if we get at least in some of the direction here we get a draft to them here in the next few weeks and move this along a little quicker. Hood: Madam Mayor, I don't know -- I don't think Mr. Nary forgot anything, but I would -- just a couple of quick things. One, I want to thank him just for getting this back on your agenda. It was on mine to do and, yeah, I'm not going to make excuses, but I do thank him for writing this up and presenting it to you. I do want to tie a couple of things in his memo to you tonight, as well as the direction we need from you, at least from my world and design and process are really, really related in this and this -- I think this restates what Mr. Nary just went through. We need some more direction and I'm even going to relate this back to a conversation you had earlier tonight about the slum and blight plan. Are we cart before the horse before we ask the public if this is something they want to see potentially in front of their house and I don't know the answer to that, but do we want to do more public outreach on these and have them pick from a -- you know, a slew of options and say, boy, only option four -- maybe it's three and four or three, four and five or whatever -- and pre-approve these with -- and, then, again, going forward everyone understands there is potential that if Verizon says they need one, there is potential that this goes in front of my house or do we want to wait until it's in front of my house and allow that person an opportunity to come and say don't put that in front of my house, those microwaves are going to give cancer, so that's really the -- what it breaks down for me is whatever that process is, a public involvement and transparency, let's do that up front, right? I don't want to be approving these administratively and, then, we get the feedback later on that -- and I know Public Works kind of deals with us a little bit with streetlights, too. But, again, the process and design I think we could roll into one. I will just also plant one other seed in that. We are going to probably have to change our code a little bit to allow these. So, there will be some public involvement process with that. But, like a lot of the things we do, we aren't going to send letters to 30,000 households, we are going to put it in the newspaper, we are going to put it on Nextdoor, so the chances of us really advertising this and really getting people involved -- I mean it is what it is, we do the best we can, but if -- through that UDC process you could maybe get some feedback, too, before entering into this contract or you could run those concurrently -- De Weerd: But, Caleb, aren't you creating a false hope. It's already allowed in ACHD right of way. So, you go through this effort, you have neighbors weighing in and, then, they get something different and right in front of their house anyway because it happens Meridian City Council Workshop December 12, 2017 Page 74 of 87 to be in the ACHD authority. So, I'm afraid I'm not following -- we will have two different processes here from what I understand. Nary: Well, yes, Madam Mayor, I -- and you have hit it on the head. I think that's been our internal discussion and that's where I think what -- what I was suggesting is we treat these the same as we treat the light poles themselves. So, I will wait to see what it looks like, but the street I live on, it has a construction project underway that I received a postcard in the mail telling me they were going to put streetlights on my street. There are ten, either streetlights or transformers, that are being installed on my street. No one asked me if they were okay. I had actually offered my yard as an alternative site and it's not -- no one took me up on it. But nobody asked me to put any of those streetlights. I can see a couple of them for my front, but, you know, that's fine, but they are all in the right of way, so what I was hesitant -- and I agree with Caleb that in a residential zone if we negotiate with them saying there is only one pole that we use in residential streets, not collectors and arterials, but residential streets, there is only one style that we use. Therefore, tell us what you want to put on that and that's what has to go on those poles if you want to do this. It takes away a lot of that conversation, because what I was concerned with is what you kind of raised is we are going to have a secondary process and, really, the motivation of the individual is -- I don't really want the antenna, but I really want them to take the pole out and we are already going to put the pole in anyway. So, this is just an attachment to it. And, again, some of them look very innocuous, like in these pictures, that I don't know you could tell the difference versus that, versus one -- like the one -- the very first picture that looks like some sort of array of something on the top of that pole might be different, but most don't. So, that's what we are trying to narrow it down is treat it like the pole, create the same process that we would allow the poles to go in in the first place, narrow down the types and, then, give some discretion in the commercial zones because the locations are different or arterials and collectors, because it's different. But really narrow it down in residential zones, but not create a whole other level of expectation from folks that we are going to come out against this antenna when the reality is they just don't like the pole and they are going to get the pole anyway. De Weerd: I don't like the box. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Bill, so would their plan be to replace a pole or to just modify an existing pole, if it's somewhere where they want to put one where there is a pole? Nary: Madam Mayor, Council Member Palmer -- and Warren can correct me if I'm wrong. What it sounded to me was that they -- they have existing poles that they can model to the ones that we use. They are just heavier in construction and be able to, then, hold those antennas on their safer and so their intent is to make them look exactly the same, but they would be their poles that -- so, I think -- you know, again, we talked Meridian City Council Workshop December 12, 2017 Page 75 of 87 about two different things. Existing poles they would, then, have to replace them. New construction. We were going to put poles in, they -- they ask to put them on, instead of putting in ours -- and that was kind of where we were looking at leveraging more, they are going to put their pole into that location, we could, then, take the one we were going to put in and maybe put it somewhere else. But they would provide them -- and, in fact, they talked about in damage -- I mean these do get run into, we get a few run into every year, and they would, then, come out, they take the devices off of it, they would replace the pole with their pole, they would work with us on the construction of putting it back up and all of that and, then, put their device back on it. So, they were pretty amenable to all of that. Like I said, we didn't get into the real narrow specifics of one in this type of area, you know, maybe two or three in a commercial area, only one in residential, we didn't get into that. I wanted to get some clarity from all of you before we went to that crowd. Palmer: Madam Mayor. Bill, I thought that's how I heard you say it. I think we keep it as simple as possible and -- I mean that makes sense. We have a set of approved styles, especially in residential, as you pointed out, and I think in the cases where they want to put a box and do one in a commercial area, that I think if we can craft it that we -- or that the property owner would have to approve, I think that makes sense. But just keep it at simple, not having to have a public hearing process every time we want to replace a pole with one of these style ones, because, like you said, they are -- especially if it looks like the existing pole and is just slightly modified with, you know, one of these simple, innocuous versions. Nary: To be honest, Madam Mayor and Council, I mean the -- the addition in the residential zones, that additional box was our concern. We felt if you're going to get any complaints, that's what you'd get. If you look at that same picture, there is a device halfway up the pole. So, some of them they said they actually will be able to put the additional backup on the pole itself and there is a variety of what we have, if you look at this -- the one right in the middle of the page, there is two of them and those are, again, are battery backups on the pole itself. Can't really tell much difference from the pole. So, there is ways they can do it and they were pretty amenable to it, but I didn't want to run into a hitch without at least getting some clarity from all of you that we were on the right track of saying, yeah, the neighborhoods probably don't want this big thing and it may not ever be necessary, but certainly in the larger ones, yeah, there is another example, again, it's on the top of the pole, if you look along that you can see in that picture there is a couple of two or three different devices that are attached to the poles. So, again, same thing, those are the backups that they think they could use most of the time. De Weerd: And -- and the -- the concern has been what these emit and from what I understand it doesn't emit anything more than your cell phone. Nary: So, Madam Mayor, Members of the Council, you know, you're correct. So, there is two -- there is two issues there. There is a perception in the public about these types of devices and what impacts they may cause. What they tell us is is that it doesn't emit Meridian City Council Workshop December 12, 2017 Page 76 of 87 those types of things. What the FCC has told us is we can't consider it anyway. So, we get that testimony a lot of times at Planning and Zoning, because they are required to have a CUP to put these up, that is oftentime what the public will testify about and we have case law, as well as a federal law that says we cannot consider that anyway. So, whether it does or doesn't, we are not allowed to use that as a consideration to not allow them anyway. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'm not a fan of this at all. I know I have already kind of let you know that. I don't think we should allow them in the subdivisions, in the residential area specifically. I don't think it adds much benefit to our citizens, our city, and its -- it just seems like a lot of hassle for a lot of nothing as far as I'm concerned. De Weerd: Well, in most states they will preempt anything local that isn't already existing and they have been doing that across the country. So, this is technology that is coming and you have an opportunity to either help guide it and see what is -- is appropriate for your -- for your community or you can wait until they do a preemption bill and you will be told and I can give you examples. Nary: And, Madam Mayor, Members of the Council, I mean our secondary concern that we have discussed as a group and as discussed with you is either without at least trying to -- trying to come up with something reasonable, like the Mayor just said. There is either potential for preemption, there is going to be a desire to put more of these poles up, the larger poles, because they are going to still need the coverage, the people are still going to want that, or their alternative, which I -- I don't foresee this, but the alternative for the -- the carrier is to, then, go to individual property owners and get them on their house, instead of in -- on a light pole. And, then, you're still going to have the same issue in the neighborhoods, you're going to have a lot of antennas on people's houses that you may or may not like. So, we figured this was sort of a happy medium to at least find that, but we had these -- you know, a few issues that we had wanted some clarity from all of you, that you were comfortable with and I think we can get a draft to them here shortly. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Bill, any discussion about limits, how many cell providers can connect to a pole or are we limiting it to one carrier per pole? At one point I think in the presentation that the representative from Verizon talked about multiple carriers connecting to the poles. Meridian City Council Workshop December 12, 2017 Page 77 of 87 Nary: Madam Mayor, Members of the Council, Council Member Cavener, so what -- what we discussed was that question on could we have at least two. I think there is a point where just engineeringwise it's probably not logical. But could have two. And the response I got -- and I -- if I'm -- I don't think I'm incorrect -- was, yes, we could have two, but we don't really want two. And so every time this issue came up, usually the secondary response is, well, we could put two, but, you know, there is another pole 50 feet down the street and so I don't know until we get to the details if that's going to be an issue, but they told us more than once that two could work on one facility, but two was probably it. If there is more than that it's probably not safe. Cavener: Madam Mayor, follow up. Bill, I appreciate that Verizon has kind of been the one leading this and I assume that's who we have been working with directly. Have we had any communication with any of the other cellular providers that are -- that serve our area and do we have any indication about their plans? I think that Verizon sounds like they are the leader in this, but I just -- I guess I get a little cautious about that we are kind of building a plan based on what one specific business wants to see occur. Nary: So, Madam Mayor, Members of the Council, Council Member Cavener, funny you ask. So, as I think I might have mentioned to you earlier, I volunteered to be on an AIC committee to look at this on a statewide scale for other cities and creating probably templates or standardized contracts for other cities to use, so I have a meeting scheduled for -- I think either this Thursday or next Thursday, I don't remember, but I have a meeting scheduled. One of the people on that committee, who saw my name on that, called me and said I represent AT&T, what's this about, and so I explained what we were doing and he was concerned about the Mayor's concern about preemption and whether we were going to exclude or create a franchise or those types of things. We weren't doing any of that. We were looking at contracts. We were following the lead that ACHD and Boise city had already started. That's what we were looking for. So, they are at least aware there is a statewide push for this to at least create a model for the state, at least to the AIC process. So, it was -- so, that was AT&T. I would imagine we will see on the providers I think at this meeting -- I think Sprint might have been invited to that one as well. I'm not certain. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Bill, have they given you any indication like how often -- how frequent the poles are? Is it like one per neighborhood? A hundred per neighborhood? I mean -- Nary: Madam Mayor, Members of the Council, Council Member Little Roberts, so we asked that question and I think the Council asked the question, too. Tells us where you are going to put these. They give us a small number, 50, 60'ish -- De Weerd: Three hundred. Meridian City Council Workshop December 12, 2017 Page 78 of 87 Nary: -- up to a couple hundred eventually, but it is proprietary to them as to where they are going currently, so they wouldn't tell us. I would anticipate once we have a contract in place and if we need some ordinance updates to make it all fit together, we will start seeing applications for some of these and clearly they will identify where they would like to put these, but it, obviously, isn't an urgent need. I think it's a future need, enough that if it takes them a year or two to get there, but they certainly haven't told us, you know, which part of the city they are looking at at all, just everywhere or a specific area. De Weerd: And I think that Councilman Palmer had asked how many of these poles do we have and there was like 5,000. So, this will be a real small percentage with this particular carrier at first, so -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I can't remember when it was, right, I can pull it out, but I conducted a very informal poll on my Facebook and just to solicit people's comments, it was like, hey, here is an idea that's been floated, what do you think, and, as I remember it, a hundred percent of the people that responded were like, absolutely, I'm tired of not being able to talk on my cell phone in my house, so -- and I talked to a number of people being on our HOA board, talked to a number of our residents, and everyone was like, oh, yeah, bring it on. Again, very informal, just random people. But I haven't found anybody who objects, other than some in the room. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: This work continues, I guess. This is just an update. We can continue to talk about it. Nary: It sounded to me like, Council Member Borton, that our committee's thought process on what would make the most sense for the city is comfortable to all of you and that's kind of what we will communicate back to them on what we would like, what we would not like and, then, again, we are only talking about a draft; right? We are not talking about a final product yet, so if we run into more hiccups we will let you know. Milam: Madam Mayor? You really cover the placing, so I guess if you are going to gio through this my vote would be like 10,000 dollars each. Make it worthwhile. Nary: I'm sticking at 750, but I mean we will -- Milam: Wow. That's like nothing. Borton: Madam Mayor? Meridian City Council Workshop December 12, 2017 Page 79 of 87 De Weerd: Mr. Borton. Borton: One of the challenges going forward is if there is a request to have practically exclusive use of a public asset in undisclosed locations in perpetuity. That could be problematic. Not -- difficult to price. Not have resolved that. De Weerd: That will be a topic of discussion. Nary: Thank you. K. Public Works: Budget Amendment for FY2018 in the Amount of $20,000 for Completion of the Well 29 Project De Weerd: Okay. Thank you for the update. Thank you, Bill. Public Works. Warren. Stewart: Madam Mayor, Members of the Council, the next item on the agenda is a budget amendment for Well 29. Well 29 is nearing completion. There were three items that we need to add to this project in order to get it completed. One of them is the addition of ceramic bearings to the pump. We have determined recently that there is a problem with stray current causing premature failure of the metal bearings in some of the pumps. To combat that or to eliminate that, if we put these ceramic bearings in, instead of the metal bearings, we don't have that deterioration and we get a lot longer life out of a pump. Additionally, we have used a lot of painted floors in our well houses before. The last couple of well houses we have started putting these epoxy floors in. They are much more durable. They last a lot longer. They are less susceptible to the chemicals that we use in the well houses and so we wanted to upgrade this well house, this new one, so that it included an epoxy floor and also there was some changes that needed to be made to the facia and to the soffit. The total is about 20,000 dollars. We have an existing well that is also being constructed as Well 30. It's almost complete. We are actually going to realize some savings in that. We are going to come in under budget by about 130,000 dollars. Although we can do a G500 right now, because Finance won't let us until that well is completely closed out, we do propose that, essentially, we will offset what we are asking for in Well 29 with this 20,000 dollar budget amendment with the savings that we will have out of Well 30, which will be approximately 130,000 dollars. With that I will stand for any questions. De Weerd: Thank you, Warren. Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It seems like this is the appropriate way to go, even if you could have done the -- the transfer that might have been simpler, even if it's a budget amendment process, it does bring to light if there is unforeseen additional expenses on one project, you will still Meridian City Council Workshop December 12, 2017 Page 80 of 87 in your close-out report share the savings on the other project, but it's nice to see where additional expenditures are being allocated. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I would echo Council Member Borton's comments and just call attention again to the fine work the Public Works Department does. In their memo they attached their budget amendment, so that we -- Council had a better opportunity to dive a little bit deeper before this was presented to us and I appreciate that. Unless there is no other comments, I would move that we approve the budget amendment for 20,000 dollars for the completion of the Well 29 project. Milam: Second. De Weerd: Have a motion and a second to approve Item 7-K. Any discussion? Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. L. Public Works: Budget Amendment for FY2018 in the Amount of $77,500 for L2 Excavation LLC'S Contract for the Collection Equipment Facility Construction Project De Weerd: Item 7-L is also under Public Works. Dolsby: Madam Mayor, Members of the Council -- De Weerd: Oh, Clint. Dolsby: Thank you. The next item is a -- De Weerd: That's not a normal position. Dolsby: Yeah. It is not the normal place I would sit, but the other seats were taken. Madam Mayor, Members of the Council, this next item is a budget amendment for the collection facility at the Wastewater Resource Recovery Facility. This facility is under construction to house the collections trucks and cleaner trucks that we have out at the plant. Meridian City Council Workshop December 12, 2017 Page 81 of 87 De Weerd: And where is this facility? What did you call it? Dolsby: The collections equipment facility. It's right -- De Weerd: Is that like the wastewater treatment plant you're talking about? Dolsby: Yes. De Weerd: Okay. Dolsby: It's just past the RV dump when you get out to the plant, so where it's located. It's under construction now, but back in fiscal year '17 we approved a budget of 275,000 for this project. We bid the construction last fiscal year and all of the bids that we received were over the project budget. So, we talked to purchasing and they authorized us to go and negotiate a contract with the lowest bidder and we were able to negotiate a contract underneath the project budget, but it was just barely under the project budget, so it didn't leave any contingency for change orders. During the construction we ran into some things. The highlights -- the larger change that we ran into are unsuitable soil conditions under the concrete slab for the building, about 15,000 dollars. We have got - - during construction we also discovered that the existing storm water retainage basin that we were going to discharge the storm water into wasn't adequately sized to handle the storm water, so we had to add an additional basin. And the other change we made that was significant was that the asphalt that we were going to put in front of the building, so the approach to the building wasn't thick enough to accommodate the large collections vehicles, so we wanted to replace it with a six inch concrete apron, which would last for -- for a long time, so they could drive vehicles up there. With that I will stand for any questions on this amendment. De Weerd: Council, any questions? Bird: I have none. Cavener: Madam Mayor, seeing none, I move that we approve the budget amendment for an amount of 77,500 for the collection equipment facility construction project. Milam: Second. De Weerd: I have a motion and a second to approve Item 7-L. If there is no discussion, Mr. Clerk. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council Workshop December 12, 2017 Page 82 of 87 Item 8: Ordinances A. Ordinance No.17-1756: (Sky Mesa Subdivision H-2017-0078) An Ordinance of the City of Meridian granting annexation and zoning of all of the Parcels of Land located in the E ½ of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in the attached Exhibit “A”; Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of Said Lands of 54.01 Acres of Land from RUT to R-4 (Medium Low Density Residential District)(26.57 acres) and R-8 (Medium Density Residential District)(27.44 acres) and the Rezone of 38.87 Acres of Land from R-2 (Low Density Residential District) to R- 4 (Medium Low Density Residential District); 6.26 Acres of Land from R-2 (Low Density Residential District) to R-8 (Medium Density Residential District); and .88 acres from R-4 (Medium Low Density Residential District) to R- 8 (Medium density Residential District) in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for An Effective Date. De Weerd: Item 8-A is Ordinance 17-1756. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1756, Sky Mesa Subdivision file number H-2017-0078, an ordinance of the City of Meridian granting annexation and zoning of all of the parcels of land located in the E ½ of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada county, Idaho, as described in the attached Exhibit “A”; annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of said lands of 54.01 acres of land from RUT to R-4 (Medium Low Density Residential District)(26.57 acres) and R-8 (Medium Density Residential District)(27.44 acres) and the rezone of 38.87 acres of Land from R-2 (Low Density Residential District) to R-4 (Medium Low Density Residential District); 6.26 acres of Land from R-2 (Low Density Residential District) to R-8 (Medium Density Residential District); and .88 acres from R-4 (Medium Low Density Residential District) to R-8 (Medium Density Residential District) in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho Meridian City Council Workshop December 12, 2017 Page 83 of 87 State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing for an effective date. De Weerd: You have heard this read by title. Is there anyone who would like to hear it right in its entirety? Thank you. Cavener: Madam Mayor, seeing none, I move we approve Ordinance No. 17-1756 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve the ordinance under 8-A. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, nay; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: The ayes have it. MOTION CARRIED: FIVE AYES. ONE NAY. B. Ordinance No. 17-1757: (Gensco H-2017-0098) An Ordinance of the City of Meridian granting the re-zone of Land lying in the W ½ of the SW ¼ of the SW ¼ of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in the attached Exhibit “A”; Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of Said Lands from C-G (General Commercial District) to I-L (Light Industrial District) in the Meridian City Code; Providing that Copies Meridian City Council Meeting Agenda Tuesday, December 12, 2017 – Page 5 of 5 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. of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing for An Effective Date. Meridian City Council Workshop December 12, 2017 Page 84 of 87 De Weerd: Item 8-B is Ordinance 17-1757. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1757, Gensco, file H-2017-0098, an Ordinance of the City of Meridian granting the re-zone of land lying in the W ½ of the SW ¼ of the SW ¼ of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada county, Idaho, as described in the attached Exhibit “A”; annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of said lands from C-G (General Commercial District) to I-L (Light Industrial District) in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing for an effective date. De Weerd: Okay. Seeing that no one wants to hear this read, do I have a motion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Ordinance No. 17-1757 with suspension of rules. Milam: Second. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-B. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics De Weerd: Council, any items under nine? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Workshop December 12, 2017 Page 85 of 87 Palmer: Madam Mayor, my name is an acronym and it’s the last name as kind of seen today. De Weerd: I will try and remember that. Palmer: The property behind us here by the tracks. Someone today mentioned to me that they were interested in purchasing it. I don't know what -- why we don't get rid of it. We have talked to the past about disposing of it, so I think if there is someone interested in buying it, we should have a discussion on it. De Weerd: Okay. Anything further? Coles: Madam Mayor? De Weerd: Mr. Clerk. Coles: I just wanted to inform the Mayor and Council that recently there was a request to have a joint meeting with Council and the Planning and Zoning Commission to do some training and some education. Working with the planning division and with legal, we are targeting the February workshop -- or, excuse me, after the February workshop for Council. So, there will be a February workshop meeting, following that meeting having a joint meeting with Council and the Planning and Zoning Commission to do some education and some training at that time. So, I just wanted to put that on your radar. De Weerd: Okay. Thank you. And just a reminder that Councilman Bird's retirement event is on the 19th from 4:00 to 5:00 here at City Hall. Remarks at 4:30'ish. Item 10: Executive Session per Idaho State Code 74-206(1)(a): To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need and 74-206(1)(c): To acquire an interest in real property which is not owned by a public agency. De Weerd: Okay. Item 10 is the Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74-206 (1)(a),(1)(c). Cavener: Second. Meridian City Council Workshop December 12, 2017 Page 86 of 87 De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSIONS: (7:17 p.m. to 9:26 p.m.) De Weerd: Okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we adjourn. De Weerd: No. Palmer: Oh. Come out of Executive Session. Bird: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Now you can adjourn. De Weerd: Mr. Palmer. Palmer: Madam Mayor, I move we adjourn. Bird: Second. De Weerd: I have a motion and a second to adjourn. All those in favor. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:26 P.M. Meridian City Council Workshop December 12, 2017 Page 87 of 87 (AUDIO ILE OF THESE PROCEEDINGS) MAYOR TAWVY DE WEERD ATTEST: C. JAY CHOLES, TTY CLERK DATE APPROVED Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: Approve Minutes of November 28, 2017 City Council Regular Meeting 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 Meridian City Council November 28, 2017 Page 78 of 78 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) u Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4B PROJECT NUMBER: ITEM TITLE: Swindell Subdivision Sewer and Water Main Easement #2 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 ADA COUNTY RECORDER Christopher D. Rich 2017-119330 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 12/14/2017 10:19 AM CITY OF MERIDIAN, IDAHO NO FEE THIS INDENTURE, made this I e day of -bEC-eM , 20 1:3- , between Volante Investments, LLLP, 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 sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration, of the benefits to be received by the 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 for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is fur the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free -right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. ITIS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance., Grantee shall, restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE, GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and. Water Main Easement REV. 08/15/16 SWln6e,[ I NO 2 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. 3G . - - *4" Ge eral artner 3084 E. Lanark St. Meridian, ID 83642 STATE OF IDAHO ) ss County of Ada ) On the �n day of oy, 20 11 before me, the undersigned, a notary public in and for said state personally appeared , V" A�L(� J known or identified to me to be the GENERAL PARTNER of the Limited Liability Limited Partnership that executed the instrument on behalf of said Limited Liability Limited Partnership and acknowledged to me that such Limited Liability Limited Partnership executed the same. In witness whereof, I hi•hep�y}*fo above written.QA U wOl set my hand and seal the day and year in this certificate first Sanitary Sewer and Water Main Easement REV. 08/15/16 GRANTEE: CITY OF Tammy de WAryl, Mayor �Z� by Ody Coles, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) lgool ED Al/G�ST' a`' o (�cu��r w E IDIAN�-- IDAHO SEAL/ On this \ 24 day of '-D 2G2f C1 beY , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. N ARY PUBLIC FOR AHO Residing at: ' V � I kA1 -� p Commission Expires: Sanitary Sewer and Water Main Easement REV. 08/15/16 iJo 2- EX IBIT A CITY OF MERIDIAN WATER AND SEWER EASEMENTS SWINDELL SUBDIVISION SITUATED IN THE SE' %a OF SECTION 18; T. 3 N., R. I E., B.M.; CITY OF MERIDIAN, ADA COUNTY, IDAHO Two parcels of land.situatednn the southeast 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Idaho; and more particularly described as follows: EASEMENT 1 Commencing at the southeast corner- of said Section 18, from which the southwest corner of said southeast 1/4 of Section 18 bears South 89043100" West 2649.09 feet; thence North 36°3643" West 631.58 feet to POINT OF BEGINNING 1; thence South 20°39'07" West 15.00 feet; thence North 69020'53" West 20.00 feet, thence North 20°39'07" East 15.00 feet; thence South 69'20'53" East 20.00 feet to POINT OF BEGINNING 1, comprising 300 square feet, more or less. EASEMENT 2 Commencing at the above described Point Of Beginning 1; thence North 56050'30" West 166.76 feet to POINT OF BEGINNING 2; thence North 89°35'29" West 20.00 feet; thence North 0°2431" East 15:00 feet; thence South 89°3529" East 20.00 feet; thence South 0°24'31" West 15.00 feet to. POINT OF BEGINNING 2, comprising 300 square feet, more or less. 358_EASE-04.doc Page 1 of 1 HIBIT e PLAT TOACCOMPANYLEGAL DESCRIPTION FOR SAN/TARYSEWERAND WATER EASEMENTS SITUATED IN THE SE1 /4 OF SECTION 18 T3N R1 E BM MERIDIAN CITY, ADA COUNTY, IDAHO N. ---�-- 0 1 LQo�ry NOT TO SCALE SWINDELL L1 15:00' S 20739'07" W L2 20.00' N 69'20'53" W L3 15.00' N 20'39'07" E ��y L4 20:00' S 69'20'53' E L5 20.00' N 89'35'29" WiS L6 15.00' N 00'24'31' E L7 20.00' S 89'35'29" E �� O L8 15.00' S 0024'31" W \�� Qc o. PI LAn/p TER�,,SG� Ui 7 $ 18 E. OVERLAND ROAD 18 CL 'LA `; S 89'43'00"WW 2649.09' 19'20 SWINDELL Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4C PROJECT NUMBER: ITEM TITLE: Swindell Subdivision Sewer and Water Main Easement #3 MEETING NOTES D 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 2017-119329 BOISE IDAHO Pgs=7 VICTORIA BAILEY 12/14/2017 10:18 AM CITY OF MERIDIAN, IDAHO NO FEE -1 11ffFZ11 11 01, 11� 1� i 19.1 T11 11 �Lk �-M — D THIS INDENTURE, made this I Z day of _ e-ce-ry-06ex—, , 20 1 between Volante Investments, LLLP, 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 sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in, consideration of the benefits to be received by the 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 for the operation and maintenance of sanitary sewer and water mains over and across the following described property: The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the Area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement REV. 08115116 j�Jiriii I K)D a> 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. GRA R: General Partner 3084 E. Lanark St. Meridian, ID 83642 STATE OF IDAHO ) ss County of Ada ) On the P_day of 2011 , before me, the undersigned, a notary public in and for said state personally appeared known or identified to me to be the GENERAL PARTNER of the Limited Liability Limited Partnership that executed the instrument on behalf of said Limited Liability Limited Partnership and acknowledged to me that such Limited Liability Limited Partnership executed the same. In witness whereof, I have hereunto set my hand and seal the day and year in this certificate first above written. ..•�`"����yW 0't .� SOT A R y • G •. PUBk' 1 O ,'•.�J'T •••.....•••�P�. . ��i,,q TE O V ;,,,,� W7 / a L4 We Sanitary Sewer and Water Main Easement REV. 08/15/16 EXHIBIT A CITY OF MERIDIAN WATER AND SEWER EASEMENTS SWINDELL SUBDIVISION SITUATED IN THE SE %< OF SECTION 18,'T. 3 N., R. 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO A parcel of land situated in the southeast 1/4 of Section 1.8, Township 3 North, Range I East, Boise Meridian, City of Meridian, Idaho; and more particularly described as follows: Commencing at the southeast comer of said Section 18, from which the southwest corner of said southeast 1/4 of Section 18 bears South 8904'00" West 2649.09 feet; thence North 77°35'02" West 607.37 feet to the POINT OF BEGINNING; thence along the arc of a non=tangent circular curve to the left 20.01 feet, said curve having a radius of 227.00 feet, a delta angle of 5°02'59", and a chord bearing North 22919'17" West 20.00 feet; thence North 67°40'43" East 15.22 feet; thence South 22019'17" East 20.00 feet; thence South 67°40'43" West 15.22 feet to the POINT OF BEGINNING, comprising 301 square feet, more or less. 'I'D � 358 EASE=02.doe Page 1 of 1 I POB F- E) HIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR SANITARY SEWER AND WATER F4SEMENTS SITUATED IN THE SE1/4 OF SECTION 18 T3N R1E BM MERIDIAN CITY, ADA COUNTY, IDAHO 0 2 0 o NOT TO SCALE 60�3j2� W Ll -- O E OVERLAND ROAD us 1.8 19 - S 89'43'00" W 2649'.09' 16 20 LINE TABLE LINE LENGTH BEARING Li 15.22' N 67'40'43" E L2 20.00' S 22`19'17" E L3 15.22' S 6740'43" W CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING Cl 1 20.01' 227.00' 5'02'59" 20.00' N 22'19'17" W GRANTEE: CITY OF MERIDIAN Coles, City Clerk �Qb9- AUGUST' ° 'o 2 City ur w E ID�A��. IDAHO SEAL 2-f the Approved By City Council On: h�/ 0-1 �r / STATE OF IDAHO, ) SS. County of Ada ) On thisday of P,�P_YYl �p e►r _, 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Sanitary Sewer and Water Main Easement SUJAVI&U 03 WAAV-Iwla-� NOTARY PUBLIC FOR IDAHO Residing at: 11-M Tp Commission Expires: 3 - L -Q a�a� REV. 0811SI16 EXHIBIT A CITY OF MERIDIAN WATER AND SEWER EASEMENTS SWINDELL SUBDIVISION SITUATED IN THE SE %< OF SECTION 18,'T. 3 N., R. 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO A parcel of land situated in the southeast 1/4 of Section 1.8, Township 3 North, Range I East, Boise Meridian, City of Meridian, Idaho; and more particularly described as follows: Commencing at the southeast comer of said Section 18, from which the southwest corner of said southeast 1/4 of Section 18 bears South 8904'00" West 2649.09 feet; thence North 77°35'02" West 607.37 feet to the POINT OF BEGINNING; thence along the arc of a non=tangent circular curve to the left 20.01 feet, said curve having a radius of 227.00 feet, a delta angle of 5°02'59", and a chord bearing North 22919'17" West 20.00 feet; thence North 67°40'43" East 15.22 feet; thence South 22019'17" East 20.00 feet; thence South 67°40'43" West 15.22 feet to the POINT OF BEGINNING, comprising 301 square feet, more or less. 'I'D � 358 EASE=02.doe Page 1 of 1 HIBIT e PLAT TOACCOMPANYLEGAL DESCRIPTION FOR SAN/TARYSEWERAND WATER EASEMENTS SITUATED IN THE SE1 /4 OF SECTION 18 T3N R1 E BM MERIDIAN CITY, ADA COUNTY, IDAHO N. ---�-- 0 1 LQo�ry NOT TO SCALE SWINDELL L1 15:00' S 20739'07" W L2 20.00' N 69'20'53" W L3 15.00' N 20'39'07" E ��y L4 20:00' S 69'20'53' E L5 20.00' N 89'35'29" WiS L6 15.00' N 00'24'31' E L7 20.00' S 89'35'29" E �� O L8 15.00' S 0024'31" W \�� Qc o. PI LAn/p TER�,,SG� Ui 7 $ 18 E. OVERLAND ROAD 18 CL 'LA `; S 89'43'00"WW 2649.09' 19'20 SWINDELL Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4D PROJECT NUMBER: ITEM TITLE: Swindell Subdivision Sewer and Water Main Easement #4 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 ADA COUNTY RECORDER Christopher D. Rich 2017-119328 BOISE IDAHO Pgs=5 VICTORIA BAILEY 12/14/2017 10:18 AM CITY OF MERIDIAN, IDAHO NO FEE gn 0 offi. wwwwww"mN I - V 11 W-TE111 THIS INDENTURE, made this_L2- day of E)e_e_e_rnb&— . 20L r:� ,between etween Volante _ Investments, LLLP, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian-, Ada County, Idaho, the patty of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constiveted by others, and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the 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 for the operation and maintenance of sanitary sewer and water mains over and across the following described property: I "D The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of theGratitee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement (wVn6e 11 No L1 11 REV. 08/15/16 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. peneral 0•. E. Lanark St. Meridian, ID 83642 STATE OF IDAHO ) ) ss County of Ada ) On the IVP day of 1V fYli( bW , 20 /7 , before me, the undersigned, a notary public in and for said state personally appeared &Ma,U W. yom Agh4KJ(, known or identified to me to be the GENERAL PARTNER of the Limited Liability Limited Partnership that executed the instrument on behalf of said Limited Liability Limited Partnership and acknowledged to me that such Limited Liability Limited Partnership executed the same. In witness whereof, I 1 gs-ijk into .0 �•. above written. 4,1.1,10 N��wpl % . �0 00 •000000000 JZ set my hand and seal the day and year in this certificate first I'd � - • • , lei FUZE17, --------- Sanitary - Sanitary Sewer and Water Main Easement REV. 08/15/16 O�PjeD AUGUST GRANTEE: CITY OF MERIDIAN cue city .r E IDIAN*- IDAHO LLI Tammy de e d, Mayor s�SEAL J "?Of the TREP5J�4i Attt by C. Coles, City Clerk Approved By City Council On: 1d/ 9- / )W7 STATE OF IDAHO, ) . ss. County of Ada ) On this k '2 day of �cP_mber , 20 [�, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and axed my official seal the day and year first above written. 4J (SEAL) NOTARY PUBLIC FOR AHO Residing at: `M JLCLOY�,© Commission Expires: 3 - D1 - c�-Q D, D. Sanitary Sewer and Water Main Easement REV. 08/15/16 Ski r\Je.1l NO H EXHIBIT A CITY OF MERIDIAN WATER AND SEWER EASEMENTS SWINDELL SUBDIVISION SITUATED IN THE SE'/ OF SECTION 18, T. 3 N., R. 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO A parcel of land situated in the southeast 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Idaho, and more particularly described as follows: Commencing at the southeast corner of said Section 18, from which the northeast corner of said southeast 1/4 of Section 18 bears North 0°30'35" Past 2659.34 feet; Thence along the easterly boundary of said southeast 1/4 of Section 18 North 0030'35" East 470.79 feet; thence leaving said easterly boundary North 89°2925" West 61.87 feet to the westerly right-of-way of South Locust Grove Road and the POINT OF BEGINNING; thence continuing. North 89°29'25" West 92.37 feet; thence South 0130")5" West 6.14 feet; thence.North 89°29'25" West 20.00 feet; thence North 0°30'35" East 6.14 feet; thence North 89°29'25" West 44.78 feet; thence South 0°30'35" West 6.14 feet;. thence North 89°29'25" West 20.00 feet; thence North 003055" East 6.14 feet; thence North 89°29'25" West 132.49 feet; thence North 09055" East 29.26 feet; thence South 69020'53" East 18.94 feet; thence along the arc of a circular curve to the left 79.80 feet; said curve having a radius of 227.00 feet, a delta angle of 20608'32", and a chord bearing South 79025' 10" East 79.39 feet; thence South 89129'25" East 175.42 feet; thence South 85014'03" East 38.07 feet to said westerly right-of-way of South Locust Grove Road: thence along said westerly right-of-way South 2027'30" East 6.04 feet to the POINT OF BEGINNING, comprising 3594 square feet, more or less. 358 EASE-03.doc Page 1 of i 17 E HIBITB PLAT TO ACCOMPANY LEGAL (DESCRIPTION FOR SA NITARYSEWERAN' D WATER EASEMENTS SITUATED IN THE SE1 /4 OF SECTION 18 T3N R1 E BM MERIDIAN CITY, ADA COUNTY, IDAHO N. B N 8929'25" W 13249' !j KL O LINE TABLE LINE LENGTH BEARING L7 6.14' S 00'30'35" W L2 20.00' N 8929'25" W L3 6.14' N 00'30'35" E L4 44.78' N 89'29'25" W L5 6.14' S 0030'35" W L6 20.00 N 89.29'25" W L7 6:14' N 00'30'35" E L8 29.26' N 0030135" E L9 18.94' S 69'20'53" E L10 38.07' S 85`14'03" E L11 16.04' S 02'27'30" E CURVE TABLE_ E. BIRD DOG DRIVE 6 .AL4 CURVE LENGTH RADIUS DELTA CHORD BEARING C1 79.80`. 227.00' 20'08'32" 79.39' S 79'25'09" E 18 17 I 0v i ! 5.42' Lf 0 N 89 2925" W 27 =92 pOQ fii 87'- I w in II cs ;3 in z 18,L17 E OVERLAND ROAD 19"20 SWINt1Fi ! 1 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Madden Subdivision Water Main Easement #1 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 ADA COUNTY RECORDER Christopher D. Rich 2017-119608 BOISE IDAHO Pgs=5 LISA BATT 12/14/2017 04:28 PM CITY OF MERIDIAN, IDAHO NO FEE THIS INDENTURE, made this day of 201- between hbrlf,:.� 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 pipe�uie 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 their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, 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 Ma6def) W I THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent stmctures, trees, brush, or perennial shmbs 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 wanant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. Secretmy Address STATE OF IDAHO ) : ss. County of Ada ) +n On this r2> day of 1-JCVf'fY)b-c~~ '20 _1]_, before me, the undersigned, a Notary Public in and for said State, personally appeared ·no u ... ~ .. \ o_ tf\ \1 :t .Q aftS. ____________ ,, known or identified to me to be the PresideHt and fXle 11\\::::e--r S-eereta.Fy, respectively, of the corporation that executed the within instmment, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO Residing atl).....,O~o~A.xO""=,~ =::--W\ D_. L----,----- Commission Expires: a I j a jl I') REV. 08/15/16.doc GRANTEE: CITY OF MERIDIAN city of �E IDIAN�-- tOAH4 Tammy de We d Mayor a x SEAL o/the TR�PSJ�`4 Atest by C.Jay Coles, City Clerlt Approved By City Council On: 0 / Id-/ >l STATE OF IDAHO, : ss County of Ada On this day of U 2Qt Yl(Dgr , 20 1-1 ; before me; the jmdersigned, a Notary Public in and for said State; personally appeared -Tammy de Weard and C.Jay Coles, known to me to be the Mayor and City Cleric, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and adwowledged to me that the City of Meridian executed the sane. IN WITNESS WHEREOF, I have hereunto set my land. and affixed my official seal the day. and ;year first above written. Water Main Easement trLP NOTARY PiJB� FO IT3ANb � Residing at; Commission Expires: 3 -'18 .aU aQ, REV. 08/15/16.doc WATER EASEMENT FOR MADDEN SUBDIVISION LOCATED IN LOT 2 EXHIBIT C A water easement located on the west boundary line of Lot 2 of Madden subdivision, lying in the Wl/2 of the SWl/4 of the SWl/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said water easement being more particularly described as follows: Commencing at the Brass Cap marking the SW corner of Section 8; thence N.00°25'49"E. 372.36 feet along the West line of Section 8 to a point; th~nce S.89°34'20"E. 48.00 feet to the POINT OF BEGINNING; Thence continuing S.89°34'20"E. 30.00 feet to a point; Thence S.00°25'48"W. 20.00 feet to a point; Thence N.89°34'20"W. 30.00 feet to a point; Thence N.00°25'48"E. 20.00 feet to a point, also being the POINT OF BEGINNING. A WATER EASEMENT C LYING IN PROPOSED MADDEN SUBDIVISION LYING IN THE W1/2 SW1/4 SW1/4, SECTION 8, T.3N., R.1E., B.M., ADA COUNTY, IDAHO N JG 1[' !1! @ 4 7~ 18 17 CP&F NO. 1 07088111 J.J. HOWARD ENGIN[[RJNG I SUIM.YING BOUNDARY LINE SECTION LINE ROAD CENTERLINE EASEMENT FOUND BRASS CAP FOUND 5/8" IRON PIN CALCULATED POINT-NOT SET S89' 34' 20"E 48.00' ~ LIITE: 11-9-17 SCAl.E: JHIJI.~,.,~/tbilil.l*h.mu•ll6-IIMJ , .. = 10' 0 0 0 N w N 0 z rr=~AA<;' -c- J 8 0 "' ~~ / MADDEN SUBDIVISION 7 3 0 0 7 8 E FRANKLIN RD VICINITY MAP LOT LINE S89' 34' 20"E 30.00' EASEMENT C N89' 34' 20"W 30.00' ROW S89' 57' 53"E 661. 23' E FRANKLIN RD MADDEN SUBDIVISION WATER EASEMENT C 0 "' ~ z z 0 0:: <( _) 0 z NO. 1 NO. 1 EXHIBIT B Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4F PROJECT NUMBER: ITEM TITLE: Madden Subdivision Water Main Easement #2 MEETING NOTES 9 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 2017-119310 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 12/14/2017 10:15 AM CITY OF MERIDIAN, IDAHO NO FEE b , THIS INDENTURE, made this 15 day of -Ok—, 20 1 r1 between � f�� ac,—, 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 their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, 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 Madden % 2 GRANTEE: CITY OF MERIDIAN Coles, City Clerk Qb iED AUGUST o � o = c h"F CKIDIAN*-- t� �2m SEAL A/ Approved By City Council On: !,)-/ 0/,;b/7 STATE OF IDAHO, ) : ss County of Ada ) the On this 1- day of n 2, ce-m'IO t° r , 20 �, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Cleric, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •••*some.,••/ l �X�►�Q WI'�'`� ' `�,N�'•.� NOTARY PUB -LLC FOR IDAHO OT ARS ,�y�; Residing at: � U; Commission Expires: -aB ciU c�a Water Main Easement REV. 08/15/16.doc Maden �jo 2, A E X H I B I T B N O . 2 N O . 2 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4G PROJECT NUMBER: ITEM TITLE: Madden Subdivision Water Main Easement #3 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 ADA COUNTY RECORDER Christopher D. Rich 2017-119319 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 12/14/2017 10:16 AM CITY OF MERIDIAN, IDAHO NO FEE R # - P THIS INDENTURE, made this r) day of 20 11 between k,6,pf: 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 their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, 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 Eminent REV, 08/15/16,doc f00W IJO-3 GRANTEE: CITY OF MERIDIAN Tammy de W by C.Ja Coles, City Cleric Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) - o�ptED A06�s' 01V of CiV E IDIAN�-- IDAHO \ SEAL S/ On this � 2�'h day of T) e C=e Mb X , 20 \- , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C. Jay Coles, known to me to be the Mayor and City Cleric, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Oso '•** NE (••' NOTARY PU C FOR IDAHO '"O 't. ", 400 Residing at: U; Commission Expires: 3 ,92 " 9d a a , PUgLti'�.°: :••5��9 TE -uF Water Main Easement REV. 08/15/16.doc HaM,e-n K)o 3 A E X H I B I T B NO. 3 N O . 3 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4H PROJECT NUMBER: ITEM TITLE: Madden Subdivision Water Main Easement #4 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 ADA COUNTY RECORDER Christopher D. Rich 2017-119320 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 12/14/2017 10:16 AM CITY OF MERIDIAN, IDAHO NO FEE =011110 I I THIS INDENTURE, made this r-') day of -Ok—, 20 0 between by, 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 casement 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 their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, 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 casement that was placed there in violation of this easement. Water Main Easement REV, 08/15/16.doc Hamer) rJ()14 GRANTEE: CITY OF Tammy de We Atte4 by C. Coles, City Clerk DA ��� o CAVI Ek �IIDIANI, - IDAHO �& SEAL �I Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this Vl day ofd M& , 2011before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C. Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .•••,......, A.. NOTARY PUBLIC FOR ID HO , Residing at: U \ l 01 L6 -a n 0 SD Commission Expires: • p��, , moo- . • �••` S`T'ATE' �� .•• Water Main Easement REV. 08/15/16.doc Nva &n W � E X H I B I T B N O . 4 N O . 4 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 41 PROJECT NUMBER: ITEM TITLE: Madden Subdivision Water Main Easement #5 MEETING NOTES 9 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 2017-119321 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 12/14/2017 10:16 AM CITY OF MERIDIAN, IDAHO NO FEE gue al. -Jaw ,. p THIS INDENTURE, made this day ofd, between h",� 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 their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way -unto the said GRANTEE, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, 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 withinthe area described in this easement that was placed there in violation of this easement. Water Main Easement REV. 08/15/16,doe ka6den No S GRANTEE: CITY OF MERIDIAN o�Qo�PZED AUG 0 w a city or E IDIS IANt- `IDAHO Tammy de e d, Mayor s� SEAL` a� of the TRE.P`'Je�G Att by C.Jay Coles, City Clerk Approved By City Council On: /,?-/ 0-/"�0C 7 STATE OF IDAHO, ) : ss County of Ada ) On this 1j') -+h day of -p,eP rY1b2r, 20 F4 , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUM FOR IDAHO Residing at: Q' OSA Y Commission Expires: 3 -X ;9,0 oda O •��.* `STATE v *49 *&@see"0 Water Main Easement REV. 08/15/16.doc MaMen 005 A E X H I B I T B NO. 5 N O . 5 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4 PROJECT NUMBER: ITEM TITLE: Caven Ridge East Water Main Easement 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 ADA COUNTY RECORDER Christopher D. Rich 2017-119306 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 12/14/2017 10:12 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS INDENTURE, made this S day of D ec- 201-1 between CaVeivA 7\/ 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 their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, 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.doe C a v en '� i cAj e E a51- GRANTEE: CITY OF MERIDIAN Tammy de W At&st by C.Jay Coles, City Clerk ) / Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this I2day of -)e,cln hp—r , 20 F-� , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. "'•'`• NOTARY PUBLIC FOR IDAHO _ -TAR Joe : Residing at: -f)o Commission Expires: 3-22 " •• ��' ••1SX4 TE of 1..• Water Main Easement REV. 08/15/16.doc com'idgc Easy E X H B I T A E X H I B I T B Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4K PROJECT NUMBER: ITEM TITLE: Joint No. 2 Subdivision Phase 1 Easement Partial Release 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 ADA COUNTY RECORDER Christopher D. Rich 2017-119327 BOISE IDAHO Pgs=8 NIKOLA OLSON 12/14/2017 10:18 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIAL RELEASE OF EASEMENT TYPE OF EASEMENT BEING PARTIALLY RELEASED: GENERAL UTILITY EASEMENT GRANTEE: CITY OF MERIDIAN GRANTORS: JABIL CIRCUIT, AND ITS SUCCESSORS AND ASSIGNS WHEREAS, by casement dated April 12, 1999 and recorded as Instrument Number 99063014 in the land records of Ada County, State of Idaho, an easement of the type and nature set forth in the above - captioned title was granted to the City of Meridian, an Idaho Municipal Corporation ("the Easement"), upon the real property legally described on Exhibit A, attached hereto and incorporated herein. WHEREAS, the continuance of a certain portion of the Easement is no longer necessary or desirable, NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby release and abandon that certain portion of the Easement on the lands more particularly described on Exhibit B, attached hereto and incorporated herein. All rights and privileges under the above-described document in and to the remaining lands covered by the Easement shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this % day of_Xa)Lvihe_.,- 20 -Z , CITY OF MERIDIAN 0p,'T E 0 qus . . . . . . . . . . . By S\ Tammy rd yor , IA -4 ODAHOM, � 14 ATTEST C ay Col City er SEAL STATE OF IDAHO ss County of Ada On this � r) Yy) day ofeCtyytr, 20_L—1 , before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL).06,6 soon&,, 0 TA,W 0 4 OF 10.6 W02- Sk.Lb6i Vf�Ae) In Notary Public for Idaho Residing at: -M.QarjLau Commission expires: 3 - a? - a02a,_ EXHIBIT A-1 GENERAL UTILITY EASEMENT THIS INDENTURE, made this Witday of Aec; k 1950 between abs t C�rCy�'t' , 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 General Utilities Easement across the premises and property hereinafter particularly bounded and described; and WHEREAS, the underground utilities are to be provide for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said utilities 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 for the operation and maintenance of underground utilities over and across the following described property: (SEE ATTACHED "EXHIBIT A") The easement hereby granted is for the purpose of construction and operation of underground utilities and their allied facilities, together with their maintenance, repair, and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush placed within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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 lawful claims of all persons whomsoever. EXH I BIT A--2 IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. Presid t—Jabil rcuit F ok) OH STATE OF ) Pjae))Q9 ss County of A -da- ) Secretary— Jabil Circuit On this /&"` lay of — Q Y 11 19 q9, b ore me the undersigned, a Notary Public in and for said State, personally appeared _+ (1�� and S�°evclrxrL ► ►rYK34eh V ( n , known or identified to me to be the FmsideECind Pjrt 3icprt , respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. Simone M. Butts ek. ..- MY COMMISSION d 00647541 EXPIRES a Q August 1, 2001 gfrtt4� MEOTIYa1TR0YPAININ MICE,INC. 2288.0003.002\UTILEASE.DOC �ajrWGA ".eu--03 NOTARY PUBLIC FOR49A He FW R I ? )F; Residing at i�� U\O- Commission Expires: EXHIBIT A--3 EXHIBIT "A" A parcel of land for permanent easement, said easement lying in a portion of the Southeast 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the Center of said Section 18, Township 3 North, Range 1 East, THENCE South 00027158" West, a distance of 386.08 feet along the west line of the NW 1/ of the SE 1/ of said Section 18, to THE REAL POINT OF BEGINNING of this description; THENCE around a curve in a counter clockwise direction having a delta angle of 39048141", an arc distance of 66.01 feet, a radius of 95.00 feet, and a chord of South 64048136" East, a distance of 64.69 feet to a point; THENCE North 87003128" East, a distance of 100.00 feet to a point; THENCE North 89039133" East, a distance of 1167.11 feet to a point on the east line of the NW 1/ of the SE %; THENCE South 00029135" West, a distance of 915.52 feet along the east line of the NW 1/ of the SE 1/ to the southeast corner of the NW 1/ of the SE 1/; THENCE South 00029141" West, a distance of 49.74 feet along the east line of the SW 1/ of the SE Y4 of said Section 18 to a point on the north right-of-way line of I-84; THENCE North 8903311.8" West, a distance of 50.00 feet along the north right-of-way line of I-84 to a point; THENCE North 00029141" East, a distance of 49.78 feet to a point; THENCE North 00029135" East, a distance of 904.79 feet to a point; THENCE South 89039133" West, a distance of 1116.74 feet to a point; THENCE South 87003128" West, a distance of 100.47 feet to a point; THENCE around a curve in a clockwise direction having a delta angle of 35002159", an arc distance of 64.23 feet, a radius of 105.00 feet, and a chord of North 67035135" West, a distance of 63.23 feet to a point; THENCE North 00027158" East, a distance of 13.45 feet to the REAL POINT OF BEGINNING containing 61068 square feet or 1.4019 acres more or less. EXHIBIT A-4 EXHIBIT "A" A parcel of land for permanent easement, said easement lying in a portion of the Southeast 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the Center of said Section 18, Township 3 North, Range 1 East, THENCE South 00027158" West, a distance of 1325.42 feet to the Southwest Corner of the NW U of the SE X of said Section 18; THENCE North 89038118" East, a distance. of 1325.29 feet to the Southwest Corner of the NE U of the SE W of said Section IB, THE REAL POINT OF BEGINNING of this description; THENCE North 00029'35" East, a distance of 232.14 feet along the west line of the NE 'N of the SEW to a point; THENCE North 89059158" East, a distance of 638.99 feet to a point; THENCE North 00000100" West, a distance of 548.97 feet to a point; THENCE North 90000100" West, a distance of 634.27 feet to a point, said -point lying on the west line of the NE W of the SE %; THENCE North 00029135" East, a distance of 134.38 feet along the west line of the NE Y4 of the SE :W to a point; THENCE North 89039'33" East, a distance of 451.39 feet to a point; THENCE around •a curve in a clockwise direction having a delta angle of 14020127", an arc distance of 37.04 feet, a radius of 148.00 feet, and a chord of South 83010113" East, a distance of 36.95 feet to a point; THENCE South 76000100" East, a distance of 355.45 feet to a point; THENCE around a curve in a counter clockwise direction having a delta angle of 14048132", an arc distance of 54.79 feet, a radius of 212.00 feet, and a chord of South 83024116" East, a distance of 54.64 feet to a point; THENCE North 89011128" East, a distance of 27.07 feet to a j point on the centerline of the Hunter Lateral; i Along the centerline of the Hunter Lateral the following: i THENCE South 23044113" East, a distance of 105.47 feet to a i point; THENCE South 32026113" East, a distance of 227.50 feet to a point; THENCE South 35010155" East, a distance of 277.80 feet to a point; THENCE South 42026119" East, a distance of 88.60 feet to a point; THENCE South 52044113" East, a distance of 26.00 feet to a point on the East line of the SE X of said Section 18; Leaving the'centerline of Hunter Lateral; THENCE South 00031,12" West, a distance of 264.80 feet along the East line of the SE 1/, to a point on the North right-of- way line of I-84; THENCE North 89032133" West, a distance of 911.28 feet along North right-of-way line of I-84 to a point; THENCE South 84033'33" West, a distance of 200.89 Beet along North right-of-way line of I-84 to a point; THENCE North 89033118" West, a distance of 214.01 feet along North right-of-way line of I-84 to a point on the West line of the SE X of the SE W of said Section 18; THENCE North 00029141" East, along the West line Of the SE of the SE W, a distance of 49.74 feet to the REAL POINT of BEGINNING of this description containing 718635 square feet or 16:4976 acres more or less. • I Except Ditch and Road rights-of-way Page 2 of 2 EXH I BIT A-5 EG DEp R�PUE�T, OF CORDER ADA COUNTY J. D FEE-4,0"UTY4 -�,7 990630 1 1959 iN 2 7MEAZIlmm m LEGAL DESCRIPTION FOR EASEMENT EXCLUSION A Parcel of Land being a portion of the most Easterly part of Lot 2, Block 1 of Joint NO.2 Subdivision Phase 1 according to the Official Plat thereof as filed for Record in Book 99 of Plats at Pages 12828 thru 12830, Records of Ada County, Idaho being in the Southeast 1/4 of Section 18, Township 3 North., Range I East., B.M., Ada County, Idahm, and more particularly Described as follows: BASIS OF BEARINGS: The East line of the Southeast 1/4 of Section 18, Township 3 North., Range 1 East., B.M., Ada County, Idaho., derived from found monuments and taken as North 00°30'35" East with the distance bchveen monunents found to be 2,659.42. Beginning at a point from which the Southeast corner of Section 18, Township 3 North., Range I East., B.M., Ada County bears South 13107'14" East a distance of 1,458.14 feet thence North 90°00'00" West a distance of 316,84 feet; thence North 00°06'24" West a distance of 268.35 feet; thence North 89°59'59" East a distance of 275.81 feet; thence South 65045'56" East a distance of 45.55 feet; thence South a distance of 249.65 feet; to the POINT OF BEGINNING, Said Parcel containing 84,705 square feet or 1.94 acres, more or less and is subject to all existing easements and rights -of -ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 3���y'' Nampa, Idaho 83651 EXHIBIT B-2 w� I M w u I Xm o o M 0 S00° 00'38W - 439.95' r"' o° Ica to 0�� � Ito z �0 t o 9 N O> o m N m P m C ' Zn w c O m ;A o � STI _800°00'00"E - 249.65'_ N00° 00' 38" E 442.71' u m if �'A:N� L --� m I y�� Q X I� a° mm Z w w r O N O U) m z A � O I `° 1281.61') s.LocusrGROVE Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4L PROJECT NUMBER: ITEM TITLE: Oaks South Subdivision No. 6 Pathway Agreement MEETING NOTES 19�1� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: 09 JANUARY 2018 TO: Sawtooth Law Offices, PLLC FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved at Board Meeting 19 December 2017 Agreement 14 pages Meridian, City of Five Mile Drain Instrument #2017-122919 June 29, 2017 Scott Wonders. P.E. JUB Engineers, Inc. 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709 1503 FIRST STREET SOUTH FAX #208-463-0092 RE: Oaks South Subdivision No. 6 - Plans dated 2/21/17 Revised landscape drawings 6/27/17 Dear Scott: NAMPA, IDAHO 83651-4395 nmid.org OFFICE: Nampa 208-466-7861 SHOP: Nampa 208-466-0663 Nampa & Meridian Irrigation District has finished its review of this proposed project, which encroaches onto the Districts Fee Title Property, along the north boundary of the Five Mile Drain. Encroachments include the extension of a pedestrian pathway, as well as curb, gutter, and sidewalk improvements. A new road called "North Fawn Ridge Way" will also be stubbed into the districts property. Landscaping consisting of grass and trees will be located in this area however, all trees shall be can the north side of the pathway only, leaving the south portion open for the districts access. All storm drainage is to be retained on site. This project will be acceptable providing a License Agreement for all encroachments, and a Pathway Agreement with the City of Meridian are obtained. Please contact the District's Attorney, Bryce Farris with Sawtooth Law offices at 208-629-7447, P.O. Box 7985 Boise, ID 83707; so he may prepare these agreements. They shall be presented to the District's Board of Directors for review and ,approval before any work begins. Should you have any questions regarding this letter please feel free to give me a call. Sincerely, Gre G. Curtis Water Superintendent Nampa & Meridian Irrigation District GGC/gnf CC: Office/ File Attorney Farris A. Madsen, Asst. Water Superintendent D. Duvall, Crew Foreman APPROXIMATE IRRIGABLE ACRES W. King, Rider 4 RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ADA COUNTY RECORDER Christopher D Rich 2017-122919 BOISE IDAHO Pgs=14 NIKOLA OLSON 1212612017 09:26 AM NAMPA MERIDIAN ARIG DIST NO FEE 1111111 III 111111111111111111111111111111 II flll 111 00446776201701229190140140 AGREEMENT AGREEMENT, made and entered into thisday of�l��' , 2017, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho hereinafter referred to as the "City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between the City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and, WHEREAS, the City is the owner of the real property easement / right of way (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation/drainage ditch or canal known as the FIVE MILE DRAIN (hereinafter referred to as "ditch or canal") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property ofthe City as shown on Exhibit B attached hereto and by this reference made a part hereof; and, AGREEMENT - Page 1 oay,5 SO NO tp WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway within the District's property/easement for the Five Mile Drain under the terms and conditions ofsaid Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration ofthe premises and ofthe covenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: I. The City may construct, operate, maintain and repair a 10 foot wide pathway within the District's real property and/or easement for the Five Mile Drain on the north side of the Five Mile Drain within Oaks South Subdivision No. 6, located southwest ofthe intersection of Black Cat Road and Me4R4,lf AMD.A Road in, Meridian, Ada County, Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. 1NN IR NAMPA & MERIDIAN IRRIGATION DISTRICT Ca 0FCIqL o ` 04- oP� o By Its President ATTEST: Its Secretary AGREEMENT - Page 2 W Ks So No b Jr m lY/ w ID�AN SEaL THE CITY OF MERIDIAN r� ATTEST: STATE OF IDAHO ) ss: County of Canyon ) On this day of'Yll?: 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Will Patterson and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto setmy hand and affixed my official seal, the day and year in this certificate first above written. STATE OF IDAHO County of Ada Mary Public for IdaX Residing at Idaho My Commission Expires: On this 0 day of J)pCM 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared -jay -nm eeird and C.Ta� col , known to me to be themQ"Of and -_O 1L_ , respectively, of The CITY OF MERIDIAN, the entity that executed the foregoing instr ent and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. '*sones@•• ,ENE'• • ti � I • G . •••esssssss AGREEMENT - Page 3 QQ 6 SO MC) (a La ny 6bLbq ,d_a� Notary Public fo Residing at Tb My Commission Expires: 3 • X -XDa2, EXHIBIT A Legal Description A right-of-way/easement within Section 33, Township 4 North, Range 1 West, B.M., Ada County, Idaho as more particularly described in the description attached hereto as Exhibit A-1 and by this reference incorporated herein. EXHIBIT B Location of Property/Drain See Exhibit C-1 attached hereto. EXHIBIT C Special Conditions a. The location and construction of the pathway shall be in accordance with Exhibit C-1, attached hereto and by this reference made a part hereof. b. In the locations referenced herein and where pathway is proposed, the District owns fee title to a portion of the real property adjacent to the Five Mile Drain. However, to the extent the District does not own the property in fee, the District's easement along this section of the Five Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain, and to access the Five Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT - Page 4 . 7 CJU w� THC i7ATCf1AY 1 U 8 Cc7141PAMIES ►j anon, N INC. O tris GROUP �% MA J-U•'G ENGINEERS, INC. The Oaks South Subdivision No. 6 — New Oaks L.L.C. City of Meridian — Multi -Use Pathway Easement No. 1 Project Number 10-17-007 September 11, 2017 A parcel of land situated in the Southwest 1/4 of the Northeast 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest corner of said Section 33 bears North 89"16'50" West, 2635.34 feet; Thence South 00°29'25" West, 1,638.49 feet along the east boundary of the Northwest 1/4 of Section 33 to the POINT OF BEGINNING; Thence leaving said east boundary, South 78"22'36" East, 32.21 feet to the west boundary of The Oaks South Subdivision No. 4, recorded in Book 110 at Pages 15812 through 15814, records of Ada County, Idaho Thence along said west boundary, South 00"19'00" East, 28.11 feet; Thence leaving said west boundary, North 85°08'05" West, 4.19 feet; Thence North 78'22'36" West, 28.36 feet to the east boundary of the Northwest 1/4 of Section 33 Thence along said east boundary, North 00°29'25" East, 28.54 feet to the POINT OF BEGINNING. Said parcel contains 907 square feet, more or less. End of Description. a 250 S. Beechwood Avenuo, Suite Page 1 of 1� Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com Exhibit A-1, page 1 AS -' r n O CO , a C7 fD N cp c � w A� C 3 CCD D 0CD oZ Zw a =ry CD gu RE`cZ g m cc a� 0 a , ('OD O m o' Z r C w _w go O Z rno O � N m m o. � N fi 07 m a ; 2. f� am 28' XOM a6pi.ium[)JN 1 W N N (C) W 0 z 00 rn ER C N Q) W CJS W C i I - - - _0A S00'29'25"W 1638.49' W N W 00 Z N V CJS D0000 f 00 N N C �N am CO Ln f �: o 0 o m 0 M Z O O m w s � Exhibit A-1, page 2 6ATEW CJ- I U B COMPANIES a a, x arir; J•U-s ENGINEERS, INC. The Oaks South Subdivision No. 6 —Toll Id L.L.C. City of Meridian — Multi -Use Pathway Easement No. 2 Project Number 10-17-007 September 11, 2017 A parcel of land situated in the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest corner of said Section 33 bears North 8916'50" West, 2635.34 feet; Thence South 00°29'25" West, 1,638.49 feet along the east boundary of the Northwest 1/4 of Section 33 to the POINT OF BEGINNING; Thence continuing along said east boundary, South 00°29'25" West 28.54 feet; Thence leaving said east boundary, North 78°22'36" West, 72.17 feet; Thence 146.53 feet westerly along the arc of a curve to right having a radius of 1,021.00 feet, a central angle of 08°13'22", and a long chord which bears North 74°15'55" West, 146.40 feet; Thence 103.22 feet westerly along the arc of a reverse curve to the left having a radius of 479.00 feet, a central angle of 12°20'49", and a long chord which bears North 76°19'38" West, 103.02 feet; Thence 11.86 feet northerly along the arc of a curve to the left having a radius of 525.00 feet, a central angle of 01°17'39", and a long chord which bears North 05°14'57" East, 11.86 feet; Thence North 46°36'01" East, 20.61 feet; Thence 96.72 feet easterly along the arc of a non -tangent curve to the right having a radius of 507.00 feet, a central angle of 10°55'49", and a long chord which bears South 75°37'09" East, 96.57 feet; LAIIt0 11 779 or- �44f. :,�' - Page 1 of 5 a 250 S. Beechwood Avenue Suite 201, Boise, ID 83709 0 208-376-7330 f 208-323-9336 w www,jub.com Exhibit A-1, page 3 C JU-B , LTHKAN QA7CI"AY 4 1 U B COMPANIESLANAtRrPI�to oeouP iwe. J•U•B ENGINEERS, INC. Thence 142.51 feet easterly along the arc of a reverse curve to the left having a radius of 993.00 feet, a central angle of 08°13'22", and a long chord which bears South 74°15'55" East, 142.39 feet; Thence South 78°22'36" East, 66.66 feet to the POINT OF BEGINNING. Said parcel contains 8,870 square feet, more or less. End of Description. �g���G1ST�A • � YV' � 11779 C MCC Page 2 of 5 u 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 i 208-323-9336 w www-A-com Exhibit A-1, page 4 THR �B�l / Nd(rJU �*AOUP kkc. U R COMPANIES J•U•B ENGINEERS, INC. The Oaks South Subdivision No. 6 —Toll Id L.L.C. City of Meridian — Multi -Use Pathway Easement No. 3 Project Number 10-17-007 September 11, 2017 A parcel of land situated in the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest corner of said Section 33 bears North 89°16'50" West, 2635.34 feet; Thence South 13°30'57" West, 1,598.59 feet to the POINT OF BEGINNING; Thence 28.01 feet southerly along the arc of a curve to the right having a radius of 475.00 feet, a central angle of 03'22'41", and a long chord which bears South 04'05'14" West, 28.00 feet; Thence North 86°23'44" West, 22.58 feet; Thence North 07°04'19" East, 28.05 feet; Thence South 86"23'44" East, 21.12 feet to the POINT OF BEGINNING. Said parcel contains 616 square feet, more or less. End of Description. �Ato 1STE,q` 11779 or - Of. MCC Page 3 of 5 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 R 208-376-7330 f 208-323-9336 w www,lub.com Exhibit A-1, page 5 THO CJ -•B J U B COMPANIES apQ�ON M MO J -U -S ENGINEERS, INC. The Oaks South Subdivision No. 6 —Toll Id L.L.C. City of Meridian — Multi -Use Pathway Easement No. 4 Project Number 10-17-007 September 11, 2017 A parcel of land situated in the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest corner of said Section 33 bears North 89°16'50" West, 2635.34 feet; Thence South 31°06'24" West, 914.83 feet to the POINT OF BEGINNING; Thence North 71°06'12" East, 13.00 feet; Thence South 18°53'48" East, 136.48 feet; Thence North 65"16'18" West, 17.96 feet; Thence North 18"53'48" West, 124.09 feet to the POINT OF BEGINNING. Said parcel contains 1,694 square feet, more or less. End of Description. p�,L LrAII�O � '►�sT,, 1779 0 rz + OF Af. - Page 4 of 5 u 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w wwwjub.com Exhibit A-1, page 6 JUr , J -U -B COMPANIES �#)] LANODON t AAPWAY LL: GROUP we. J -U -B ENGINEERS, INC. The Oaks South Subdivision No. 6—Toll Id L.L.C. City of Meridian — Multi -Use Pathway Easement No. 5 Project Number 10-17-007 September 11, 2017 A parcel of land situated in the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest corner of said Section 33 bears North 89°16'50" West, 2635.34 feet; Thence South 22°14'49" West, 1,065.18 feet to the POINT OF BEGINNING; Thence North 24"47'28" East, 18.82 feet; Thence South 18"53'48" East, 153.30 feet; Thence 206.96 feet southerly along the arc of a curve to right having a radius of 638.00 feet, a central angle of 18"35'12", and a long chord which bears South 09"36'12" East, 206.06 feet; Thence South 00°18'36" East, 182.52 feet; Thence North 45"18'36" West, 18.38 feet; Thence North 00°18'36" West, 169.52 feet; Thence 202.75 feet northerly along the arc of a curve to left having a radius of 625.00 feet, a central angle of 18"35'12", and a long chord which bears North 09°36'12" West, 201.86 feet; Thence North 18°53'48" West, 139.69 feet to the POINT OF BEGINNING. Said parcel contains 6,855 square feet, more or less. End of Description. 1STF„q OF `-„- ,,I Page 5 of 5 a 250 S. Beechwood Avenue. Suite 201, Boise, ID 83709 v 208-376-7330 f 208-323-9336 w wwwJub.com Exhibit A-1, page 7 0 v LL 0 -V 'ON UoiSinipgnS y}nos SIop ayl 00 to 47 N M 6*`8F91 M„ SZ,6Z.00S N co rj Lo c 0 1 o o ao C] J N N I 1 a) � w w d 1 o :. 0 a, 0 1 1 � o J co d 1 r- O Z Z 1 1 J J I 1 { 1 I 1 U 1 O+ 1 M 1 Y 1 C Z : \M w N �1 �1 I r p 1 1 cn 1 (n 1j 00M o o: Z u)1 .9Z Q+ CN C oLo yZ N mC_Cn� w N Lo C�, cnN .. N CL W 1 L. di 47 1 :C N co rj (ip co 1 L C] Z r+ Exhibit A-1, page 8 1 :C 1 L C] J d O w 0 M O II 1 U O+ C Z : w w w �J o E 1 o: o 0 O 015 0- N. Fownridge N 1 d woy— in in M 419, ,8Z O 7 3 a� L 00 P7 O ^ It N N n N N Z N N Z V) V7 V) 0)) N N h') 00 co (n Z Exhibit A-1, page 8 rz M C° N c— o O ts E Z u> o U T7 C ° ro Z E y o [� ujm� Z cc t o 0 OZ yU Sd om CD o� t c 'SCo q a pv �z dl N .a d H o J ¢ U J d O w 0 M O U 3 : w w w o 0 O P N Of d 1l- in in M M — O L r r- O ^ n O U Z Z Z V) V7 V) s e 0 N d N') d N d aQ, rLO N O M N P N 6 N O EO M 7 U O O O O O 7 O O O o O Oi iA 1� r7 U7 � O N 0 � rn d rn N -_ N tD a0 r O C rn N J d O d N 6 U U Z U U U U rz M C° N c— o O ts E Z u> o U T7 C ° ro Z E y o [� ujm� Z cc t o 0 OZ yU Sd om CD o� t c 'SCo q a pv �z dl N .a d H o J ¢ U 29 28 28 N89.16'50"W 2635.34' 32t3 3 - - � � 33 0 so 100 lot J - Q/ Scale In Feet arDo N71*06'11 2"E 13.00' Point of Beginning v`Vr Easement No. 4 ! c N65'11 6'18'V 17.96' N24 47'28"E 18.82' Point of Beginning Easement No. 5 Curve Table No. Length Radius Delta Ch Bearing Ch Len C1 206.96' 638.00' 18'35'12" S09'36'12"E 206.06' C2 202.75' 625.00' 18'35'12" N09'36'12'W 201.86' awmam l - PART. "`cwt 650> 1-U-11 ENGINEERS, INC. 1 Iw w i N45'18'36"W 18.38' _ W. i Subdivision No. 6 - LU M tN 00 00 o - tn Grand Rapids Dr. III Irl I I (" I SHEET %_,Ity UI IV1t�:1 IU kill - IVIVILI-UQU V OU IWO P— a—s, P1 I— T UP PW v Located in the Southeast Quarter of the Northwest Quarter of Section 33, 1 ownship 4 North, Range 1 West, B.M., City of Meridian, Ada County, tdatta Exhibit A-1, page 9 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4M PROJECT NUMBER: H-2107-0068 ITEM TITLE: Sky Mesa Subdivision Development Agreement for Sky Mesa Subdivision (H-2107-0068) with Blackrock, LLC/Triple D Land and Licestock, LLC and Sky Mesa Deelopment, LLC located at 5899 S. Eagle Road, in the east '/2 of Section 32, Township 3 North, Range 1 East. (Parcel No.: R0988262000; R0988260164; and R0988260490) MEETING NOTES riarl LMJ 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 2017-119308 BOISE IDAHO Pgs=63 BONNIE OBERBILLIG 12/14/2017 10:14 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: L City of Meridian 2. Blackrock, LLC/Triple D Land and Livestock, LLC, Owners 3. Sky Mesa Development, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this `2�day of 1�e cern be+� 2017, by and between City of Meridian, a municipal corporation of the State of Idaho, hereinafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and BIackrock, LLC/Triple D Land and Livestock, LLC, whose address is P.O. Box 2640, Meridian, Idaho 83642, hereinafter called OWNERS, and Sky Mesa Development, LLC, whose address is 729 S. Bridgeway Place, Eagle, Idaho 83616, hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners and/or Developer have submitted applications for the annexation of approximately 54.01 acres of land with the R-4 (Medium Low Density Residential) and R-8 (Medium Density Residential) zoning districts; and rezone of 38.87 acres of land from the R-2 (Low Density Residential) to the R-4 (Medium Low Density Residential) zoning district; 6.26 acres of land from the R-2 to the R-8 (Medium Density Residential) zoning district; and .88 acres of land from the R-4 (Medium Low Density Residential)' to the and R-8 (Medium Density Residential) zoning districts in Ada County (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owners and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the DEVELOPMENT AGREENIENT- SKY MESA SUBDIVISION (H-2017-0068) PAGE 1 Or g Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested annexation and rezone on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 5th day of September, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owners and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owners and/or Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owners and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT- SKY MESA SUBDIVISION (H-2017-0068) PAGE 2 OF 8 3.2 OWNERS: means and refers to Blackrock, LLC/Triple D Land and Livestock, LLC, whose address is PO Box 2640, Meridian, Idaho 83642 the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Sky Mesa Development LLC, whose address is 1025 S. Bridgeway Place, Ste. 290, Eagle, Idaho 83616 the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be annexed and zoned Medium Low Density Residential (R-4) and Medium Density Residential (R-8) zoning districts and rezoned to Medium Density Residential (R-8) zoning districts as attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations (photos) depicted in Exhibit A of the Staff Report and the conditions noted in said staff report that is an exhibit to the Findings of Fact and Conclusions of Law, attached hereto as Exhibit "B". b. The Owner/Developer shall be responsible for all costs associated with the sewer and water service extension. c. The Tenmile Creels, which runs along the northeast corner of this site, shall remain open and not be piped and shall be protected during construction. d. If the 2 -story homes are constructed on Lots 60-65, Block 5 and Lots 36-38, Block 8, they will be highly visible from S. Eagle Road, an arterial street. Therefore, the rear elevations of 2 -story homes shall incorporate articulation through changes in two or more of the following: material type, projections, recesses, step -backs, bays, banding, pop -outs, porches, balconies or other architectural elements to break up monotonous wall planes and room lines. This does not apply to single -story homes. DEVELOPMENT AGREEMENT- SKY MESA SUBDIVISION (H-2017-0068) PAGE 3 OF 8 e. The site amenities (i.e. clubhouse, swimming pool, tot lot, parking) proposed to be constructed on Lot 1, Block 13 shall be constructed with Phase 3 of development, at the latest. 6. COMPLIANCE PERIOD This Agreement must be frilly executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owners and/or Developer's default of this Agreement, Owners and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owners and/or Developer that is not cured after notice as described in Section 7.2, Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67- 6509 and 67-6511. Owners and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owners and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and DEVELOPMENT AGREEMENT- SKY MESA SUBDIVISION (H-2017-0068) PAGE 4 OF 8 defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owners and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owners and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owners and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNERS: Blackrock, LLC/Triple D Land and Livestock, LLC PO Box 2640 Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: Sky Mesa Development, LLC 729 S. Bridgeway Place Eagle, ID 83616 DEVELOPMENT AGREEMENT- SKY MESA SUBDIVISION (H-2017-0068) PAGE 5 OF 8 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perforin any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT- SKY MESA SUBDIVISION (H-2017-0068) PAGE 6 OF 8 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNE BlackrocI , LLC riple D Land and Livestock, LLC DEVELOPER: Sky#Igsa Development, LLC 1 By ct CITY OF MER IA>V ATTEST: _ O�eO TED AU�Usr v By:"ly of o Mayor, am y de Weerd E jpjAN. Coles, ity Cleric Z IDAHO SEAL DEVELOPMENT AGREEMENT— SKY MESA SUBDIVISION (EI -2017-0068) PAGE 7 OF 8 STATE OF IDAHO : ss: County of Ada, On this %� ayf Za L r , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Zi known or identified to me to be the of Blackrock, LLC/Triple D and and Livestock, LLC who signed above and acknowledged to me that lidlexecuted the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year in this certificate first above written, G1 L S•f % • AUBA' y •.�,� M. y*mot �7" •••••.•••••• �"r �0�! PE 0 STATEjO'�f�I1�,Q►�+,) ss: County of Ada, ) thl/v Notary P► blit for Idaho Residing at: U 1CIr1VG�d��) ) My Commission E+—es: vsz '!7 U1 On this I U day of 61f6 ('?-,2017, before me, the undersigned, a Notary Public in and for said State, personally appeared V � Mk S - -Y lJI lJ'Cw- , known or identified tome to be the f 2 of Sky Mesa Development, LLC, who signed above and acknowledged to me that he executed the same 6 behalf of said company. IN WITNgS3' above Ak91t�e,,,esss,,,Lfi OTAR1' (SEA) ¢ ..•' G • AU131�1 ee p ,s 71 ,••tttfdgttis� STATE OF IDAHO ss County of Ada hereunto set my hand and affixed my official seal the day and year in this certificate first Notary Pu lit or Idaho Residing at:i t AL1,10 My Commission E pit's: Z 20I On this 12!'�'day of D f,CQrnbLC, 2017, before me, allotary Public, personally appeared Tammy de Weerd and C.Jay Coles, ]snow or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) el O DEVELOPMENU GSE G}( sSUBDIVISION (H-2017-0068) • 9� OF 19;. •••••seems•$• C"AUQWC Notary Public r Idaho Residing at: ((allt�L Commission expires: of -'qOa _ PAGE 8 OF 8 EXHIBIT A Legal Description for Annexation & Rezone Boundaries & Exhibit Map May 1, 2017 DESCRIPTION FOR CITY OF MERIDIAN REZONE EXISTING R-2 TO R-4 ZONE PROPOSED SKY MESA SUBDIVISION A parcel of land located In the E % of Section 32, T.3N., R. 1E., B.M., Meridian, Ada County, Idaho, being a portion of Lots 16 and 24 of Block 1 of Blackrock Subdivision, as filed for record in Book 96 of Plats at Pages 12003 through 12008, records of Ada County, Idaho, more particularly described as follows: Commencing at the N % corner of sold Section 32, from which the NW corner of said Section bears North 89'4347" West, 2645.03 feet; thence South 27'50'38" East, 1516.52 feet to a point on the northerly boundary of said Blackrock Subdivision, the POINTOF BEGINNING; Thence along said northerly boundary: Thence South 89'41'43" East (formerly South 89'41'56' East), 1002.86 feet to the northeasterly corner of sold Blackrock Subdivision; Thence South 36'3333' Eost, 198.68 feet (formerly South 36'35'50" East, 198.56 feet); Thence South 47.25'56` East (formerly South 47126109' East), 889.12 feet; Thence North 89'$9'36" West (formerly North 89`39'49" West), 113,10 foot; Thence South 00'13'27' West (formerly South 00`13'49' West), 255.57 feet; Thence leaving sold subdivision boundary North 89'39'38' West, 34511 feet; Thence South 00'18'34" West, 438.95 feet to a point on a curve on the northerly right-of-way of E. Taconic Drive, Thence along said northerly right -Of -Way: Thence 164.43 fact along the arc of a non -tangent curve to the right, said curve having a radius of 725.00 feet, a delta angle of 12.5940", and a tong chord bearing North 754958" West, 164.07 feet to a point of reverse curvature; Thence 275.05 feet along the arc of a curve to the left, said curve having a radius of 775.00 feet, a delta angle of 20'20'03', and a long chord bearing North 79`30'10" Wost, 273.60 feet to a point of tangency; Thence North 89'40'11" West, 655.40 feet Thence leaving said right-of-way North 00'00'49" East, 32.63 feet; Thence South 89'59'1&' East.150.00 feet; Thence North 00'01'24' West, t 10,00 feet; Thence North 80'59'24' West, 125,99 foot; Thence North 00'209' East, 208.24 foot; Thence North 15'32'05' West, 958.56 feet to tho POINT OF BEGINNING. Said parcel containing 38,87 acres, more or less. yS�ouAt T Eq SUR d 11118 � �'"� Sj•'t�t t r° t�_y rON W . I{P EXHIBIT A May 1, 2017 DESCRIPTION FOR CITY OF MERIDIAN REZONE EXISTING R-2 TO R-8 ZONE PROPOSED SKY MESA SUBDIVISION A parcel of land located in the E% of Section 32, T.3N., RAE., B.M., Meridian, Ada County, Idaho, being a portion of Lot 16 of Block 1 of Blackrock Subdivision, as filed for record in Book 96 of Plats at Pages 12003 through 12008, records ofAda County, Idaho, and a portion of S. Eagle Road right-of-way, more particularly described as follows: Commencing at the N % comer of said Section 32, from which the NW corner of said Section bears North 89.43'47' West, 2845.03 feet; thence along the north boundary of the NE % of said Section 32 South 89°43'43' East, 2656.28 feet to the NE comer of said Section 32, thence along the oast boundary of the NE 14 of said Section 32 South 00'13'21" Wast, 2351.20 feet to the POINT OF BEGINNING; Thence continuing along sold east boundary South 00°13'21" West, 32634 foot to the E % corner of said Sectlon 32; Thence along the east boundary of the SE'/ of said Section 32 South 00'13'38' West, 99.26 feet; Thence leaving said boundary North 69148'22' West, 48,00 feet to a point on the northerly right-of- way of E, Taconic Drive; Thence along sold northerly right-of-way: Thence South 45°12'27' West, 9.91 feet; Thence North 89'48'44' West, 193,92 feet to a point of curvature; Thence 47.01 feet along the arc of a curve to the left, saki cure having a radius of 200.00 feet, a delta angle of 13'28'01", and a long chord bearing South 83'27'13" Wash 46.90 feet to a point of reverse curvature; Thence 47.01 feat along the, arc of a curve to the right, sold curve having a radius of 200.00 fleet, a delta angte of 13.2601", and a long chord bearing South 83427'13' West, 46.90 feet to a point of tangency; Thence North 89648'44' West, 186,18 foot to a point of curvature; Thence 94.68 feet along the arc of a curve to the right, said curve having a radius of 725.00 feet, a delta angle ot07'28'56", and a long chord besting North 8810416" West, 94.61 feet; Thence leaving said right -or -way North 0048'34" East, 43B.95 toot; Thence South 89139136' East, 574.00 foot to a point on the westerly right -of -of -way of S. Eagle Road; Thence South 89046'39' East, 48.00 feet to the POINT OF BEGINNING, Said parcel containing 6.28 acres, more or less. EXHIBIT A May 1, 2017 DESCRIPTION FOR CITY OF MERIDIAN REZONE EXISTING R-4 TO R-8 ZONE PROPOSED SKY MESA SUBDIVISION A parcel of land located in the SE Y+ of Section 32, T.3N., RAE., B.M., Meridian, Ada County, Idaho, being portions of E, Taconic Drive and S. Eagle Road right-of-way, more particularly described as follows: Commencing at the N Y+ corner of said Section 32, from which the NW corner of said Section bears North 89°43'47' West, 2645.03 feet; thence along the north boundary of the NE'/ of said Section 32 South 89°43'43' East, 2656.26 feet to the NE corner of said Section 32, thence along the east boundary of the NE Y of said Section 32 South 00°13'21"West, 2677.54 feet to the E'/ corner of said Section 32; thence along the east boundary of the SE Y. of said Section 32 South 00013'38" West, 99.26 feet to the POINT OF BEGINNING; Thence continuing along said east boundary South 00°13'38" West, 86.03 feet; Thence leaving said boundary North 89°46'22" West, 48.00 feet to a point on the southerly right-of- way of E. Taconic drive; Thence along said southerly right-of-way: Thence North 44047'33" West, 9.94 feet; Thence North 89'48'44" West, 193,84 feet to a point of curvature; Thence 47.01 feet along the are of a curve to the right, said curve having a radius of 200.00 feet, a delta angle of 13°28'02°, and a long chord bearing North 83°04'43" West, 46.90 feet to a point of reverse curvature; Thence 47.01 feet along the are of a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 13°28'02", and a long chord bearing North 83604'43" West, 46.90 feet to a point of tangency; Thence North 89'48'44" West, 186.18 feet to a point of curvature; Thence 94.75 feet along the arc of a curve to the right, said curve having a radius of 775.00 feet, a delta angle of 07'00'18", and a long chord bearing North 86'1635" West, 94.69 feet; Thence leaving said southerly right-of-way North 00°18'34' East, 50.39 feet to a point on a curve on the northerly right-of-way of E, Taconic Drive; Thence along said northerly right-of-way: EXHIBIT A Thence 94.68 feet along the arc of a non4angent curve to the left, said curve having a radius of 725.00 feet, a delta angle of 07°28'56", and a long chord bearing South 86°0416" East, 94.61 feet to a point of tangency; Thence South 89448'44" East, 186.18 feet to a point of curvature; Thence 47.01 feet along the arc of a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 13"28'01", and a long chord bearing North 83.27'13" East, 46.90 feet to a point of reverse curvature; Thence 47.01 feet along the are of a curve to the right, said curve having a radius of 200.00 feet, a delta angle of 13'28'01", and a long chord bearing North 83`x7'13' East, 46,90 feet to a point of tangency; Thence South 89'48'44" East, 193,92 feet; Thence North 45'12'27" f=ast, 9.91 feet; Thence leaving said northerly right-of-way South 89'46'22" East, 48.00 feet to the POINT OF BEGINNING, Said parcel containing 0.88 acres, more or less. EXHIBIT A May 1, 2017 DESCRIPTION FOR CITY OF MERIDIAN ANNEXATION PROPOSED SKY MESA SUBDIVISION EXISTING RUT TO R-4 ZONE A parcel of land located in the N'h of the $E % of Section 32, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, consisting of a portion of Lot 10, Block 3 of Blackrock Subdivision, as fled for record in Book 96 of Plats at Pages 12003 through 12008, records of Ada County, Idaho, more particularly described as follows: Commencing at the N % comer of sold Section 32, from which the NW corner of said Section bears North 89°43'47" West, 2645.03 feat; thence along the north boundary of the NE % of said Section 32 South 89'4343" East, 2656,26 feet to the NE comer of said Section 32; thence along the east boundary of the NE % of said Section 32 South 00913'21" West, 2677.54 feet to the NE corner of the SW V4 of said Section 32; thence South 45'41'06' Vilest, 1909.08 feet to a point on the southerly boundary of said Lot 10 and on the south boundary of the N 'l of the SE % of said Section 32, the POINT OF BEGINNING; Thence along said south boundary and Lot 10 boundary North 89'48'13" West, 767.93 feet; Thence leaving the south boundary of said IN Ila of the SE % and continuing along the boundary of said Lot 10: Thence North 00°1'1'47" East, 295.21 feet; Thence North 46°34'38" West, 612.67 feet to a point on a curve on the southerly right-of- way of E. Taconic Drive; Thence continuing along said Lot 10 boundary, and along said southerly rigght-of-way: Thence 6.55 feet along the arc of a non -tangent curve to the right, said curve having a radius of 200,00 feet, a delta angle of 01'35'20', and a long chord bearing North 54'0604" East, 5.55 feet to a point of reverse curvature; Thence 40.07 feet along the arc of a curve tothe left, sold curve having a radius of 200.04 feet, a delta angle of 11'28'41 ", and a long chord bearing North 49109'24" East, 40.00 feet to a point of tangency; Thence North 43'25'03" East, 64.00 feet to a point of curvature; Thence 40.07 feet along the arc of a curve to the left, said curve having a radius of 200,00 feet, a delta angle of 11128'41", and along chord bearing North 37'40'42' East, 40.00 feet to a point of reverse curvature; EXHIBIT A Thence 40.07 feet along the arc of a curve to the right, said curve having a radius of 200,00 feet, a delta angle of 11'2841", and a long chord bearing North 37°40'42° East, 40.00 feet to a point of tangency; Thence North 43125'06" East, 361.62 foot to a point of curvature; Thence 388.52 feet along the are of a cure to the right, said curve having a radius of 475.00 feet, a delta angle of 461,54'46", and a long chord bearing North 66°52'26" East, 378,15 feet to a point oftangenoy; Thence South 89'40'11" East, 601.15 feet; Thence leaving said Lot 10 boundary and southerly right-of-woy South 00'19'40' West, 227,59 feet to a point: of curvature; Thence 153.67 feet along the arc of a curve to the right, said curve having a radius of M00 feet, a delta angle of 2.9°20159", and a long chard bearing South 15"00'18" West, 152,00 feet to a point of compound curvature, Thence 322.90 feet along the arc of a cure to the right, said cure having a radius of 1000.00 feet, a delta angle of 18030'03", and a long chord bearing South 38°5549' West, 321.50 feet; Thence South 11"25119" East, 654.30 feet to the POINT OF BEGINNING. Said parcel containing 26.57 acres, more or less. EXHIBIT A April 27, 2017 DESCRIPTION FOR CITY OF MERIDIAN ANNEXATION PROPOSED SKY MESA SUBDIVISION EXISTING RUT TO R-8 ZONE A parcel of land located in the N % of the SE % of Section 32, T.3N., RAE., B.M., Meridian, Ada County, Idaho, consisting of a portion of Lot 10, Block 3 of Blackrock Subdivision, as filed for record in Book 96 of Plats at Pages 12003 through 12008, records of Ada County, Idaho, and a portion of South Eagle Road right-of-way, more particularly described as follows: Commencing at the N 'l. corner of said Section 32, from which the NW corner of said Section bears North 89°4347" West, 2645.03 feet; thence along the north boundary of the NE Y, of said Section 32 South 89°43'43" East, 2656.28 feet to the NE comer of said Section 32; thence along the east boundary of the NE Y of said Section 32 South 00'13'21" West, 2677.54 feet to the NE comer of the SW % of said Section 32; thence along the east boundary of said SW % South 00"13'38" West, 185.29 feet to the POINT OF BEGINNING; Thence continuing along sold east boundary South 00°13'38" West, 286.99 feet; Thence leaving said east boundary North 89°46'22` West, 48.00 feet to a point on the westerly right of way of South Eagle Load; Thence North 89'49'48" West, 480.00 feet; Thence South 00°13'35" West, 865.69 feet to a point on the south boundary of the N YS of the SW "l of said Section 32; Thence along said south boundary North 89°48'13" West, 832.88 feet, Thence leaving said south boundary North 11°25'19" West, 654.30 feet to a point on a curve; Thence 322.90 feet along the arc of a non -tangent curve to the left, said curve having a radius of 1000.00 feet, a delta angle of 18°30'03', and a long chord bearing North 38°55'49" East, 321.50 feet to a point of compound curvature; Thence 153.67 feet along the are of a curve to the left, sold curve having a radius of 300.00 feet, a delta angle of 29°20'59", and a long chord bearing North 15'00'16' East, 152.00 feet to a point of tangency, Thence North 00°19'40' East, 227.59 feet; Thence South 89°40'11" East, 201,38 feet to a point of curvature; Thence 257.30 feet along the arc of a curve to the right, said curve having a radius of 725.00 feet, a delta angle of 20"20'03", and a long chord bearing South 79"30'10" East, 255.95 feet to a point of reverse curvature; EXHIBIT A Thence 276.97 foot along the aro of a curve to the left. said curve having a radius of 775,00 feet, a delta angle of 20°26'36", and a long chord bearing South 7903412V east, 2761 0 feet to a point of tangency, Thence South 80'48144" East, 180.18 feet to a point of curvature; Thence 47.01 feet along the arc of a curve to the right, sold curve having a radius of 200.00 feet, a delta angle of 13°28'02'; and a long chord bearing South 83004'43" E=ast, 46.90 feet to a point of reverse curvature; Thence 47,01 feet along the arc of a curve to the left, said curve having a radius of 200.00 foot, a delta angle of 13'28'07, and a long chord bearing South 8360443" East, 46.90 feet to a point of tangency, Thence South 80'4844" East,193.84 feet; Thence South 44'4844' East, 9.94 feet; Thence South 89'46'22` East, 48.00 feet to the POINT OF BEGINNING. 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H-2017-0068 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation & Zoning of 54.01 Acres of Land with R-4 and R-8 Zoning Districts; Rezone of 38.87 Acres of Land from the R-2 to the R-4 Zoning District, 6.26 Acres of Land from the R-2 to the R-8 Zoning District, and 0.88 of an Acre from the R-4 to the R-8 zoning district; and Preliminary Plat Consisting of 278 Single-Family Residential Building Lots and 31 Common Lots on 98.35 Acres of Land in the R-4 and R-8 Zoning Districts, by Sky Mesa Development, LLC. Case No(s). H-2017-0068 For the City Council Hearing Date of: August 15, 2017 (Findings on September 5, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 15, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 15, 2017, 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. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0068 - 2 - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 15, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for Annexation & Zoning, Rezone, and Preliminary Plat is hereby approved with the requirement of a Development Agreement per the provision and conditions in the Staff Report for the hearing date of August 15, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0068 - 3 - property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. 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 15, 2017 By action of the City Council at its regular meeting held on the day of 456 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVEN.ER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD TIE BREAKER) de Weerd 2 city of Attest: M]Efql!D DA O SEALI C. ay Cole C Clerk VOTED VOTED /(Jt VOTED )& VOTED (.. VOTED Yell VOTED 1a VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. BY: Dated; City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT; CONCLUSIONS OF LAW AND DECISION & ORDER FILENO(S). H-2017-0068 - 4 - EXHIBIT A Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 1 STAFF REPORT Hearing Date: August 15, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Sky Mesa Subdivision – AZ, RZ & PP (H-2017-0068) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Sky Mesa Development, LLC, has submitted applications for the following: Annexation and zoning of a total of 54.01 acres of land from the RUT zoning district in Ada County to the R-4 (medium low-density residential) (26.57 acres) and R-8 (medium-density residential) (27.44 acres) zoning districts in the City; Rezone of 38.87 acres of land from the R-2 (low-density residential) to the R-4 (medium low- density residential) zoning district; Rezone of 6.26 acres of land from the R-2 (low-density residential) to the R-8 (medium-density residential) zoning district; Rezone of 0.88 of an acre of land from the R-4 (medium low-density residential) to the R-8 medium-density residential) zoning district; and, Preliminary Plat consisting of 278 single-family residential building lots and 31 common lots on 98.35 acres of land in the R-4 and R-8 zoning districts. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ, RZ and PP 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 6, 2017. At the public hearing, the Commission moved to recommend approval of the subject AZ, RZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Applicant’s Representative; Chad Hamel, Boise Hunter Homes ii. In opposition: Sam Karnes; Susan Karnes on behalf of the Meridian Southern Rim Coalition (grass roots alliance dedicated to representing south Meridian residents); Jim Stroo on behalf of the Black Rock HOA; and Wendy Webb iii. Commenting: None iv. Written testimony: Becky McKay, Applicant’s Representative (response to the staff report); Andrea Tlucek; and Andrea Fonnesbeck v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Preference of larger lots than those proposed in the R-8 district & more of a transition in lot sizes (no greater than 1:1 and a half) from those in Blackrock Subdivision. ii. Concern regarding impact on traffic (i.e. on Taconic & Eagle Road and at the intersection) and quality of life in this area. EXHIBIT A Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 2 iii. Request for the hillside to be located within a common lot rather than on individual building lots so that it’s owned and consistently maintained by the Homeowner’s Association. iv. Opinion that the proposed development is not consistent with the goals of the Comprehensive Plan, as follows: 1) Desire for this area to be a lower density “to preserve some of the small town character and charm” as stated in the Introduction; 2) does not feel the proposed development demonstrates consistency with the Key Community values stated in the Plan (i.e. “Enhance Meridian’s quality of life for all current and future residents; Prevent school overcrowding and enhance education services; Improve transportation; and Protect Meridian’s self-identity”); and, 3) Definition of “quality of life and livability (i.e. satisfaction of residents derived from their surroundings – negative impact of more dense housing adjacent to less dense housing).” v. Request for the property to be zoned R-2 and developed less densely than proposed, instead of R-4 and R-8 which is what the majority of residential land in the City is zoned. vi. Opposition to patio homes (higher density) at the entry of the development at the intersection of Eagle/Taconic and proposed R-8 zoning – would like to keep semi-rural ambience and identity of neighborhoods – larger lots and greater setbacks. Preference for the patio homes to be located in the northern sector of the development. Concern that higher density near the intersection will exacerbate traffic congestion during the rush and school hours. vii. Overcrowding in schools in this area already. viii. The need for additional parking to be provided for the swimming pool/clubhouse/playground area as the number of spaces provided for the pool in the existing Sky Mesa development is inadequate. ix. Request for a “statement” entrance to the development and provision of a tall berm with lush landscaping along S. Eagle Road for sound mitigation and beautification. c. Key Issues of Discussion by Commission: i. Traffic calming on Taconic (i.e. a roundabout at the intersection near the pool). ii. The issue of the hillside being put in a common lot for HOA maintenance rather than in adjacent building lots for individual homeowner maintenance. iii. The timing for the expansion of S. Eagle Road and the roundabout improvements. iv. The applicant’s request for eligibility for reimbursement of fees in the future for sewer and water improvements that provide additional service and capacity to other projects. v. Timing for when the swimming pool will be constructed (i.e. which phase). d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. Neighborhood concerns; if proposed development is appropriate for this area. ii. The Commission requested Staff discuss the possibility for traffic calming measures on Taconic with ACHD. Staff did so and ACHD required the applicant to work with ACHD staff to coordinate a traffic calming plan for E. Taconic Drive prior to ACHD’s signature on the first final plat. The Meridian City Council heard these items on August 15 and 22, 2017 . At the public hearing on August 22nd, the Council approved the subject AZ, RZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Becky McKay ii. In opposition: Lisa Broderick, Andrea Tlucek, Kathy Baumgartner, Susan Karnes on behalf of the Southern Rim Coalition, Sam Karnes, Elise Poulson, Charles Webb, EXHIBIT A Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 3 Christine Herwy, Marllee Andrew, Yolanda Litenman, Andrea Shelton, Doug Wheeler, Gary Andrew, Cameron Keller, and Ben Shelton. iii. Commenting: Justin Lucas, ACHD iv. Written testimony: Wendy Webb, Susan Karnes on behalf of the Southern Rim Coalition, Ann Shelton, Allyson Gozart, Barbara Berlat, Cameron Keller, Doug Wheeler, Greg Wells, Elise Poulson, Pat and Cliff Looney, Paul Gozart, Ryan Poulson, Susanna Bohlman, Ted Bohlman, and Troy Johnson. v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Excessive speeds of vehicles traveling on Taconic; need for traffic calming; ii. Would like to see larger lots, greater setbacks between dwellings, more green space and lower density development on this property and in the South Meridian area; iii. Concern regarding the safety of children walking to Hillsdale Elementary school to the east and crossing Eagle Road at the roundabout; iv. Opposition to the patio homes and R-8 zoning at the entry to the development; and, v. Concern regarding maintenance of the weeds on the slope – desire for the HOA to maintain the area rather than individual homeowners; and, vi. The traffic impact on Eagle Road and adjacent streets due to all of the recent development in this area. c. Key Issues of Discussion by Council: i. Putting the hillside in a common lot vs. an easement on each lot for consistent maintenance purposes; ii. Provision of additional parking for the swimming pool and common area; iii. Timing for construction of the swimming pool; iv. Traffic flow into and out of the R-8 zoned area proposed for patio homes at the entry to the development and its effect on traffic turning onto Taconic from Eagle Road; v. Pathway connectivity throughout the development; vi. HAWK signal at the Eagle/Taconic intersection for children walking to the Hillsdale Elementary school to the east; vii. Allowance for irrigation easements on the site to be located within building lots rather than a common lot as required by the UDC unless otherwise approved by Council; viii. Waiver of the block length adjacent to the Tenmile Creek as requested by the Applicant; ix. Options for traffic calming on Taconic; the applicant suggested a raised pedestrian crossing at the S. Calais Way/E. Taconic Dr. intersection (if allowed by ACHD). d. Key Council Changes to Staff/Commission Recommendation i. Modify condition #1.1.2e to require the site amenities (i.e. changing rooms, swimming pool, tot lot and parking area) on Lot 1, Block 13 to be constructed with Phase 3 of development, rather than Phase 2; ii. Delete condition #1.1.2g – Council approved the face of Block 5 to exceed the maximum block face allowed in residential districts due to the location of the Tenmile Creek. iii. Delete condition #1.1.2n - Council approved the Applicant’s request for the irrigation district easements to be located within building lots rather than in common lots. iv. Modify condition #1.1.10 to require the site amenities to be constructed with Phase 3 of the development, rather than Phase 2. v. Modify condition #1.2.4 to reflect Council’s approval for irrigation easements wider than 10 feet to be located within building lots rather than in common lots. vi. Staff deleted conditions #1.1.2c, #1.1.2e, #1.1.2f, and #1.1.2i. as the revised plat addressed these items. EXHIBIT A Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 4 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0068, as presented in the staff report for the hearing date of August 15, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0068, as presented during the hearing on August 15, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0068 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 5899 S. Eagle Road, in the east ½ of Section 32, Township 3 North, Range 1 East. (Parcel No.: R0988262000; R0988260164; and R0988260490) B. Owners: Blackrock, LLC/Triple D Land and Livestock, LLC P.O. Box 2640 Meridian, ID 83642 C. Applicant: Sky Mesa Development, LLC 1025 S. Bridgeway Place, Ste. 290 Eagle, ID 83616 D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning, rezone, and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 16, 2017 (Commission); July 28, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: June 8, 2017 (Commission); July 20, 2017 City Council) D. Applicant posted notice on site(s) on: June 24, 2017 (Commission); August 4, 2017 (City Council) VI. LAND USE EXHIBIT A Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 5 A. Existing Land Use(s) and Zoning: The subject property consists of three (3) rural residential/agricultural properties zoned RUT in Ada County (on the south side of Taconic) and R-2 in the City (on the north side of Taconic). B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential/agricultural property, zoned RUT in Ada County 2. East: Rural residential/agricultural property, zoned RUT in Ada County; and S. Eagle Road and single-family residential properties in Hill’s Century Farm, zoned R-8 3. South: Rural residential/agricultural property, zoned RUT in Ada County 4. West: Single-family residential properties in Blackrock & Southern Highlands Subdivision, zoned R-4 C. History of Previous Actions: In 2006, this property was included in the subdivision plat for Blackrock Subdivision No. 1 under the Ada County “Non-Farm” Ordinance (recorded as Plat Book 96, Page 12003). In 2006, a request for annexation and zoning of 224.26 acres of land with R-2, R-4 and R-8 zoning; and a preliminary plat consisting of 644 residential lots and 31 common lots for Blackrock Castle Greens Subdivision by Providence Development was denied by City Council (AZ-06-059; PP-06-059). In 2013, the portion of this site that lies north of E. Taconic Drive was annexed and zoned R- 2 (AZ-13-016); and included as one large lot in the preliminary plat for the Southern Highlands development (PP-13-033). Note: The subject property was not included in the development agreement for the Southern Highlands development. D. Utilities: 1. Location of sewer: Sanitary sewer service to this development will be via an extension of the south leg of the Ten Mile Trunk from its current point of terminus north of Amity Road. 2. Location of water: Water service to this development will be from extensions of existing adjacent water mains. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Tenmile Creek runs along the northeast corner of this site. The Beasley Lateral exists to the north of E. Taconic Drive. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: A small portion of this site along the northeast corner lies within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates approximately 56 acres of northern and southwestern portions of this property as Low Density Residential (LDR) and approximately 42 acres of the southern portion of this property as Medium Density Residential MDR). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre. EXHIBIT A Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 6 The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The applicant proposes to develop this property with 278 single-family residential detached homes at an overall gross density of 2.83 d.u./acre and net density of 4.21 d.u./acre. The density proposed in the LDR designated areas is 2.59 d.u./acre while the density proposed in the MDR designated area is 3.12 d.u./acre which is consistent with the corresponding LDR & MDR FLUM designations, although at the low end of the density desired in MDR designated areas. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (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 low density development will contribute to the range of housing opportunities available in the City. A variety of lot sizes are proposed from 5,553 up to 26,707 square feet. Staff is unaware of how “affordable” homes will be in this development. Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Access is proposed via E. Taconic Drive, a collector street, via S. Eagle Road; direct access via S. Eagle Road, an arterial street, is not proposed or approved. 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) City services are available to be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Landscaping is required to be provided in common area lots within the subdivision in accord with the standards listed in UDC 11-3G-3E and within the street buffer along S. Eagle Road in accord with the standards listed in UDC 11-3B-7C. Street buffer landscaping already exists along E. Taconic Drive. Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed residential development should be compatible with existing and future adjacent low-medium density single-family residential uses. Require common area in all subdivisions.” (3.07.02F) The UDC (11-3G-2) requires common open space and site amenities to be provided for developments of 5 acres or more in area. Based on the area of the plat (98.35 acres), a minimum of 9.8 acres of qualified open space and a minimum of 4 qualified site amenities are required to be provided for this development. EXHIBIT A Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 7 Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) A segment of the City’s regional pathway system is depicted on the Pathways Master Plan to the west of S. Eagle Road on this site. This pathway is intended to provide connections to pathways in adjacent cities. Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) There are no pathway stubs to this site from Southern Highlands Subdivision although there is a stub street (E. Lachlan St.) approved at the northwest corner of the site which will have a detached sidewalk for pedestrian access and interconnectivity. Due to the steep slope at the west boundary of the development south of Taconic, there are no existing or proposed pedestrian connections in that area. Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of concern.” (5.01.01E) The Tenmile Creek which runs along the northeast corner of this site should remain open and not be piped. Wrought iron fencing is proposed adjacent to the creek to preserve public safety. Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities.” Transitional densities with larger more comparable lot sizes should be provide along the west boundary of the development adjacent to lots in Blackrock Subdivision. Staff recommends that no more than 2 lots in the subject development abut each lot in the abutting Blackrock Subdivision. Improve and protect creeks (Fivemile, Eightmile, Ninemile, Tenmile, South Slough, and Jackson and Evans drainage) throughout commercial, industrial and residential areas.” The Tenmile Creek, which runs along the northeast corner of this site, should remain open and be protected with development. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) There is one existing stub street (E. Lachlan Drive) to this property at the northwest corner of the site from Southern Highlands subdivision that will be extended with this development. Staff recommends a stub-street is provided to the parcel (#S1132417210) at the southeast corner of the site owned by H O T 3, LLC. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 and R-8 zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family detached dwellings are a principally permitted use in the R-4 and R-8 zoning districts. EXHIBIT A Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 8 C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 and 11-2A-6 for the R-4 and R-8 zoning districts respectively. D. Landscaping: Landscaping shall be required in accordance with the standards listed in UDC 11- 3B-7C, Street Buffer Landscaping; 11-3A-17, parkways; and, 11-3G-3E, common open space areas. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 54.01 acres of land from the RUT zoning district in Ada County to the R-4 (medium low-density residential) (26.57 acres) and R-8 (medium-density residential) (27.44 acres) zoning districts in the City. The density of the proposed development is consistent with the corresponding FLUM designations for this site as discussed above in Section VII. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. 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. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. 2. Rezone The applicant requests a rezone of 38.87 acres of land from the R-2 (low-density residential) to the R-4 (medium low-density residential) zoning district; 6.26 acres of land from the R-2 low-density residential) to the R-8 (medium-density residential) zoning district; and 0.88 of an acre of land from the R-4 (medium low-density residential) to the R-8 (medium-density residential) zoning district. A legal description is included in Exhibit C that shows the boundaries of the property proposed to be rezoned. The proposed rezone will facilitate development of this property as proposed. When the property was annexed into the City with the Southern Highlands development, there was not a development plan for this area so an R-2 zoning was approved with the assumption the property would be rezoned in the future when development occurred. 3. Preliminary Plat The proposed plat consists of 278 single-family residential building lots and 31 common lots on 98.35 acres of land in the proposed R-4 and R-8 zoning districts (see Exhibit A.2). Proposed lots range in size from 5,553 to 26,707 square feet (s.f.) with an average lot size of 10,350 s.f. A gross overall density of 2.83 dwelling units per acre (d.u./acre) and a net density of 4.21 d.u./acre is proposed. The subdivision is proposed to develop in 5 phases. EXHIBIT A Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 9 The project is proposed to have 4 typical lot sizes with lot widths of 85, 75, 65 and 55 feet. The distribution of lot widths is as follows: 85 feet – 20 lots (7.19%), 75 feet – 117 lots 42.09%), 65 feet – 102 lots (36.69%), and 55 feet – 39 lots (14.03%). The 85-foot wide lots are proposed as a transition to those in Blackrock subdivision, which consist of 0.5 to 1 acre lots, and range in size from 12,762 to 26,707 square feet (or 0.29 to 0.61 of an acre) with an average lot size of 16,262 s.f. (0.37 of an acre). These lots will have depths ranging from 150 to 222 feet to allow a greater separation to the existing homes and slope transition. The smaller patio home lots are proposed adjacent to Eagle Road on the north and south sides of Taconic, which will provide a higher density and buffer at the Taconic (collector)/Eagle arterial) intersection. Existing Structures: There are no existing structures on this site. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Tables 11-2A-5 and 11-2A-6 for the R-4 and R-8 zoning districts respectively, and the subdivision design and improvement standards listed in UDC 11-6C-3. Staff has recommended minor changes to the plat in order to comply with dimensional standards (see condition #1.1.2 in Exhibit B). The maximum block face length allowed in residential districts is 750 feet without an intersecting street or alley. Where a pedestrian connection is provided, the maximum block face may extend up to 1,000 feet in length. City Council may approve a block face up to 1,200 feet in length where block design is constrained by site conditions such as a large waterway and/or a large irrigation facility. Block 5 exceeds the maximum block face requirement but is constrained by the abutting Tenmile Creek to the northeast. Because a pathway isn’t planned along the south side of the creek, it’s not feasible to include a pathway within the block in order to qualify for a longer block length. Therefore, Council approval of the proposed block length is required. Streets that end in a cul-de-sac or a dead end are not allowed to be longer than 450 feet per UDC 11-6C-3B.4. The cul-de-sac where E. Mores Trail Ct. dead ends is 500’+/- in length; the plat should be revised to comply with this standard. Transition: As discussed above in Section VII, transitional densities with lot sizes comparable to existing rural properties are desired to buffer the interface between urban level densities and rural residential densities. Although the density of the proposed development falls within the density ranges desired in LDR & MDR designated areas, larger lots should be provided in two areas along the west boundary adjacent to lots in Blackrock Subdivision to provide more of a transition in lot sizes. Staff recommends one lot in the area of Lots 6-8, Block 12 and one lot in the area of Lots 2-4, Block 12 is removed so that no more than 2 lots in the subject development abut each lot in Blackrock Subdivision. Traffic: A Traffic Impact Study (TIS) was prepared for this development by Six Mile Engineering. The TIS determined that capacity exists in the transportation network to accommodate the development. The ACHD report states additional right-of-way is required to be dedicated at the Eagle/Taconic intersection to accommodate a single-lane roundabout, which is required to be constructed prior to ACHD’s signature on the first final plat. Streets: All streets within this development are proposed to be public. Three (3) different street sections are proposed within the development. The street section with 42 feet of right-of-way (ROW) will only accommodate parking on one side of the street; the other EXHIBIT A Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 10 side should be signed “ “No Parking”. This street section is proposed within the patio home area nearest Eagle Road, zoned R-8. Access: Access to streets should comply with the standards listed in UDC 11-3A-3. Seven (7) access points for the development are proposed via E. Taconic Street, an existing collector street accessed via S. Eagle Road; because the UDC restricts access via collector streets, Council approval of the proposed accesses are required. Direct lot access via S. Eagle Road is prohibited. All of the proposed internal streets are public. The two easterly accesses proposed via Taconic closest to the Eagle intersection will be restricted to right-in/right-out due to the existing island in Taconic. A stub street (E. Lachlan St.) was platted at the northwest corner of this site with Southern Highlands Subdivision No. 4, which will be extended with this development as E. Shady Glen Drive; no other stubs are provided to this development. One stub street is proposed to the north and two stub streets are proposed to the south for future extension and interconnectivity with this development. A preliminary plat (Eastridge Subdivision) is currently in the hearing process for the parcel to the south S1132438500); the westernmost stub to the south on this plat does not align with that proposed to the south. Staff has been advised the applicant is making changes to their plat but has yet to see the changes. Because this plat was submitted after the Eastridge plat, the stub street in this development should align with that approved to the south. If the revised layout of the plat to the south does not align with that proposed in this development by the time this project goes before Council, this plat should be revised accordingly so the streets align. There are 2 properties that abut this site that front on Eagle Road that don’t have access via a local street – the 1.15 acre Fulcher property (#S1132142001) north of Taconic; and the 10.5 acre H O T 3, LLC property (#S1132417210) south of Taconic. Per UDC 11-3A-3A.3, “All subdivisions must provide local street access to any use that currently takes direct access from an arterial or collector street.” Therefore, Staff recommends a minimum 20-foot wide access easement is provided over Lot 59, Block 5 to the Fulcher parcel; and a stub street is provided to the H O T 3, LLC parcel. If the future land use map designation of the H O T 3, LLC property changes from medium density residential to a non-residential designation prior to this portion of the property being final platted, the access may not be required as determined by the Planning Director and ACHD. However, if a stub street isn’t provided, the block face exceeds the maximum length standard of 750 feet and will need to be remedied per UDC 11-6C-3F. Common Driveways: Common driveways are required to comply with the standards listed in UDC 11-6C-3D. A common driveway is proposed on Lot 59, Block 5. Staff recommends a note is included on the plat that designates which lots are to take access via the common driveway. A shared driveway is proposed for access to Lots 36 and 37, Block 8. Because there are no longer provisions in the UDC for shared driveways that consist of an easement over building lots, staff recommends a common lot is provided for a common driveway for access to these lots. For any plats using a common driveway, an exhibit should be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures. The driveway(s) for adjacent lots that meet the minimum street frontage requirement but aren’t taking access via the common driveway should be EXHIBIT A Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 11 located on the opposite side of the shared property line away from the common driveway. Depict a concrete pad at the end of the common drives no more than 5 feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the residences that take access from the common driveway per requirement of Republic Services. Parking: Off-street parking is required to be provided on each residential lot in accord with the standards listed in UDC 11-3C-6. For 2, 3 and 4 bedroom units, a minimum of 4 off-street parking spaces are required with at least 2 of those in an enclosed garage; other spaces may be enclosed or a minimum 10’ x 20’ parking pad. Parking is required to be provided for the clubhouse as set forth in UDC 11-3C-6B for non- residential uses (a minimum of 1 space per 500 square feet of gross floor area). The site plan depicts a total of 4 spaces with one of those being a handicap stall; the size of the structure is not depicted. Parking is not reviewed or approved with the subdivision plat; however, when a Certificate of Zoning Compliance application is submitted for the clubhouse and swimming pool, additional parking will likely be required due to the size of the facility, development and location adjacent to a collector street. Landscaping: Landscaping is required to be provided in the proposed development as set forth in UDC 11-3B. A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A 25-foot wide street buffer is required along S. Eagle Road, an arterial street; and a 20-foot wide street buffer is required along E. Taconic Street, a collector street, measured from back of curb in accord with the standards listed in UDC 11-3B-7C. The existing buffers and buffers depicted on the landscape plan comply with this standard. Landscaping is required within common areas in accord with the standards listed in UDC 11- 3G-3E as proposed. Parkways are required to be landscaped in accord with the standards listed in UDC 11-3A- 17C as proposed. Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on the site up to an amount of 100% replacement. The applicant should coordinate with Elroy Huff, the City Arborist, to confirm mitigation requirements prior to removal of any trees from the site. Mitigation calculations should be depicted on the landscape plan. Open Space/Site Amenities: Properties over 5 acres in size are required to comply with minimum open space and site amenity requirements as set forth in UDC 11-3G-3A.1. Based on the area of the preliminary plat (98.35 acres), a minimum of 10% (or 9.84 acres) qualified open space and 4 qualified site amenities are required to be provided with the development. The applicant proposes a total of 13.27% (or 13.05 acres) of qualified open space consisting of half the street buffer along S. Eagle Road (an arterial street), the street buffers along E. Taconic St. (collector street), 8-foot wide parkways along internal local streets, and internal common areas in accord with UDC standards. Qualified site amenities consist of pedestrian pathways throughout the development providing connectivity to open space and site amenities; a segment of the City’s 10-foot wide multi-use pathway system along the south side of Taconic; a swimming pool with a clubhouse and tot lot; a picnic shelter; and another tot lot with play equipment in accord with EXHIBIT A Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 12 UDC standards. The majority of the site amenities are located on Lot 1, Block 13 within Phase 4 of the development; Staff recommends these amenities are constructed with Phase 2 at the latest. Because there is a significant slope along the southwest side of this development that makes maintenance of the slope difficult, staff recommends it is included in a common area lot and owned and maintained by the Homeowner’s Association. This will ensure that it’s maintained uniformly and consistently. Note: The building lots in Southern Highlands that abut the slope on the north side of Taconic contain a 50-foot wide slope easement; individual homeowners are responsible for the maintenance that area. Complaints have been made to Code Enforcement that the slope area is not be consistently maintained and it has become an enforcement issue for weeds. Pathways: Per the Pathways Master Plan, a segment of the City’s multi-use pathway system is planned along the north side of the Tenmile Creek (off-site) and to the west of S. Eagle Road. A 10-foot wide pathway already exists along the south side of E. Taconic Drive and off-site across Eagle Road to the east along the north side of Taconic; this pathway will provide access to the City Park planned within the Hill’s Century Farm development. Staff recommends a 10-foot wide pathway/sidewalk is constructed along the west side of S. Eagle Road from Taconic to the north property boundary to provide a connection to the future pathway planned along the north side of the creek; a segment of the pathway also exists on the east side of Eagle Road on the north side of Taconic in Hill’s Century Farm. The ACHD report states that West Ada School District is installing a HAWK pedestrian crossing at the Taconic/Eagle intersection this summer which will create a more safe pedestrian connection the Hillsdale Elementary School, YMCA and City Park to the east. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A detached sidewalk is required along the north side of E. Taconic Drive, a collector street; and along S. Eagle Road, an arterial street, as proposed. A 10-foot wide sidewalk already exists along the south side of Taconic. Five-foot wide detached sidewalks with parkways are proposed along internal local streets within the development. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision in accord with UDC 11-3A-15 as proposed. Lot 1, Block 8 contains an existing pressure irrigation pump station for Blackrock Subdivision. This facility either needs to be platted on a separate lot or relocated elsewhere on the site with the Blackrock Homeowner’s Association’s permission; it shouldn’t be located on a building lot in this development. A 15-foot wide Blackrock Neighborhood Association irrigation easement exists along the south boundary of the site. A 25-foot wide Boise-Kuna Irrigation District easement exists along the north boundary of Lots 5-10, Block 5. The UDC (11-3A-6D) requires irrigation easements wider than 10 feet to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area unless modified by City Council. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. EXHIBIT A Sky Mesa Subdivision – AZ, PP H-2017-0068 PAGE 13 Waterways: The Tenmile Creek runs along the northeast boundary of this site. As a natural waterway, it shall remain open as a natural amenity and shall not be piped or otherwise covered and be protected during construction. The Beasley Lateral (and associated easement) runs through the site to the north of E. Taconic Drive and is proposed to be relocated in an easement within common lots and piped with development in accord with UDC 11-3A-6B. Floodplain: A small portion of this site along the Tenmile Creek at the northeast corner lies within the Floodplain Overlay District. Prior to any development occurring in the Floodplain 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. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6B and 11-3A-7. Four-foot tall wrought iron fencing is proposed adjacent to common areas and pathways. Six- foot tall vinyl private fencing is proposed adjacent to the Fulcher property and other areas as depicted on the landscape plan. Building Elevations: The applicant has submitted 6 photos of homes that will be similar to those constructed in this subdivision (see Exhibit A.4) that share the same character and quality of design as those in Southern Highlands Subdivision to the west of this project. These photos all depict at least 2 different building materials and stone/brick veneer accents. The applicant states a variety of housing types and sizes will be offered and that all homes will be approved through an internal design review process by an architectural control committee. If 2-story homes are constructed on Lots 60-65, Block 5 and Lots 36-38, Block 8, they will be highly visible from S. Eagle Road, an arterial street. Therefore, the rear elevations of 2-story homes shall incorporate articulation through changes in two or more of the following: material type, projections, recesses, step-backs, bays, banding, pop-outs, porches, balconies or other architectural elements to break up monotonous wall planes and roof lines. This does not apply to single-story homes. In summary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with the requirement of a development agreement and conditions 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. Proposed Preliminary Plat & Phasing Plan (dated: 4/24/17 8/17/2017) 3. Proposed Landscape Plan (dated: 4/14/17) 4. Conceptual Building Elevation Photos B. Agency & Department Comments/Conditions C. Legal Description for Annexation and Rezone Boundaries & Exhibit Map D. Required Findings from Unified Development Code EXHIBIT A 2 - A. Drawings 1. Vicinity/Zoning Map Fulcher H O T 3, LLC Proposed Eastridge Estates Subdivision Blackrock Southern Highlands Whitebark EXHIBIT A 3 - 2. Proposed Preliminary Plat & Phasing Plan (dated: 4/24/17 8/17/2017) EXHIBIT A 4 - EXHIBIT A 5 - 3. Proposed Landscape Plan (dated: 4/14/17) EXHIBIT A 6 - 4. Conceptual Building Elevation Photos EXHIBIT A 7 - EXHIBIT A 8 - EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation and rezone of this property. Prior to the annexation and rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation and rezone ordinance adoption, and the developer. A final plat application shall not be submitted until the DA is signed and approved by City Council. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation and rezone. The agreement shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations (photos) depicted in Exhibit A and the conditions noted in the staff report. b. The Owner/Developer shall be responsible for all costs associated with the sewer and water service extension. c. The Tenmile Creek, which runs along the northeast corner of this site, shall remain open and not be piped and shall be protected during construction. d. If 2-story homes are constructed on Lots 60-65, Block 5 and Lots 36-38, Block 8, they will be highly visible from S. Eagle Road, an arterial street. Therefore, the rear elevations of 2-story homes shall incorporate articulation through changes in two or more of the following: material type, projections, recesses, step-backs, bays, banding, pop-outs, porches, balconies or other architectural elements to break up monotonous wall planes and roof lines. This does not apply to single-story homes. e. The site amenities (i.e. clubhouse, swimming pool, tot lot, parking) proposed to be constructed on Lot 1, Block 13 shall be constructed with Phase 2 3 of development, at the latest. 1.1.2 The preliminary plat included in Exhibit A.2, dated 4/24/17, is approved subject to the following changes: a. Provide a minimum 20-foot wide access easement over Lot 59, Block 5 to the Fulcher parcel S1132142001) in accord with UDC 11-3A-3A.3 either graphically on the face of the plat or via a separate recorded easement. b. Provide a stub street to the H O T 3, LLC parcel (#S1132417210) south of E. Taconic Drive in accord with UDC 11-3A-3A.3; an 8-inch sewer stub and cleanout is also required to be provided to that parcel. If the future land use map designation for the H O T 3, LLC property changes to a non- residential use prior to this portion of the property being final platted, the access may not be required as determined by the Director and ACHD. If a stub street isn’t required, an 8 inch sewer stub and cleanout is still required to be provided to that parcel. c. Depict a common lot for a common driveway for access to Lots 36 and 37, Block 8 instead of a cross- access easement. d. Include a note stating which lots are proposed to take access via the common driveways. e. Widen the street frontage of Lot 20, Block 4; Lot 36, Block 5; and Lots 8-9, Block 13 to a minimum of 60 feet. f. Depict the street frontage for Lot 23, Block 5. EXHIBIT A 9 - g. Reconfigure Block 5 to comply with the maximum block length standards in residential districts unless otherwise approved by City Council in accord with UDC 11-6C-3F.3. Council approved the request to exceed the maximum block length allowed because of the location of the Tenmile Creek. h. Include the slope area adjacent to Blackrock Subdivision in a common lot, rather than in an easement within building lots, to be owned and maintained by the Homeowner’s Association. i. Reconfigure the lots in Block 12 that are adjacent to lots in Blackrock Subdivision so that no more than 2 lots in the subject development abut each lot in Blackrock Subdivision (i.e. remove one lot in the area of Lots 6-8, Block 12 and one lot in the area of Lots 2-4, Block 12). j. Revise the length of E. Mores Trail Ct. so that the street that ends in a cul-de-sac that isn’t longer than 450 feet in accord with UDC 11-6C-3B.4. k. If the proposed alignment of the E. Mores Trail Ct. stub street to the property to the south does not align with the approved location of the stub street to the north from the Eastridge development, the stub street on the subject property shall be revised to align. l. Lot 1, Block 8 contains an existing pressure irrigation pump station for Blackrock Subdivision. This facility either needs to be platted on a separate lot or relocated elsewhere on the site with the Blackrock Homeowner’s Association’s permission; it shouldn’t be located on a building lot in this development. m. The face of Block 8 that lies on the east side of S. Benwaters Way exceeds the maximum length standard of 750 feet and shall be remedied per UDC 11-6C-3F. n. Depict the 15-foot wide Blackrock Neighborhood Association irrigation easement along the south boundary of the site and the 25-foot wide Boise-Kuna Irrigation District easement along the north boundary of Lots 5-10, Block 5 within a common lot; or, obtain approval from City Council to allow them to be located within an easement in adjacent building lots as set forth in UDC 11-3A-6D. The UDC requires irrigation easements wider than 10 feet to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area unless modified by City Council. Council approved the aforementioned irrigation easements to be located within building lots rather than in common lots as requested by the Applicant. 1.1.3 The landscape plan included in Exhibit A.3, dated 4/14/17, shall be revised as follows: a. Reflect the changes required to the preliminary plat above in condition #1.1.2. b. Depict a 10-foot wide sidewalk/multi-use pathway within the street buffer along S. Eagle Road north of E. Taconic Drive. This will provide a connection between the existing pathway on the south side of Taconic to the multi-use pathway planned on the north side of the Tenmile Creek. c. Depict a concrete pad at the end of the common drives no more than 5 feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the residences that take access from the common driveway per requirement of Republic Services. d. Depict mitigation calculations on the landscape plan for existing trees 4-inch caliper and greater that are removed from the site. The applicant should coordinate with Elroy Huff, the City Arborist, to confirm mitigation requirements prior to removal of any trees from the site. 1.1.4 Prior to any development occurring in the Floodplain 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. 1.1.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7. EXHIBIT A 10 - 1.1.6 A perpetual ingress-egress easement for the common driveway(s) proposed within this development shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 1.1.7 A public pedestrian easement is required for the multi-use pathway on this site unless the pathway will be in the right-of-way in which case it should be covered under a pedestrian easement with ACHD. 1.1.8 For any plats using a common driveway, submit an exhibit with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures. 1.1.9 “No Parking” signs shall be installed along the 42-foot wide street sections within the loops nearest S. Eagle Road where the patio homes are proposed. 1.1.10 A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval prior to application for building permits for the clubhouse and swimming pool. These amenities shall be constructed with Phase 2 3 of development, at the latest. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 and R-8 zoning districts listed in UDC Tables 11-2A-5 and 11-2A-6, respectively. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6; except, Council approved irrigation easements wider than 10 feet to be located within building lots rather than in a common lot as required by UDC 11-3A-6D. 1.2.5 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. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single- family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11- 3B-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 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. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11- 3B-5, UDC 11-3B-13 and UDC 11-3B-14. EXHIBIT A 11 - 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 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. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11 -3A-3. 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 applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to extend the proposed 15-inch sewer trunk through the development to E. Taconic Drive in the first phase. The proposed 8 inch sewer connection and manhole shown in Lot 37 Block 5 and Lot 53 Block 5 will need to be revised to be a straight segment with no manholes located outside of the public right of way. A stub street with an 8 inch sewer stub and cleanout will need to be provided to the unplatted parcel in the SE corner per condition 1.1.2(b) above. 2.1.2 Applicant shall be required to make a water main connection across E. Taconic to the existing mainline in E. Lodge Trail Drive (do not connect to zone 5 water in E. Taconic). Provide an easement for possible future water mainline connection from E Mores Trail Drive to E. Taconic. Connect the water mainline from Renwick Ct to Calais Way. A stub street with an 8 inch water mainline will need to be provided to the unplatted parcel in the SE corner per condition 1.1.2(b) above. Isolation valves will need to be installed at the intersection of the water mainlines in S. Calais and E. Mores Trail. EXHIBIT A 12 - 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 12-13-8.3). 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 plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 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, 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. EXHIBIT A 13 - 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 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 11-12-3H. 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 material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 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 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 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 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department did not submit comments on this application. EXHIBIT A 14 - 4. FIRE DEPARTMENT 4.1 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.2 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 5. REPUBLIC SERVICES 5.1 The applicant shall revise the landscape plan to include a concrete pad at the end of the common drive(s) no more than 5 feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. Please contact Bob Olson at Republic Services 345-1265) for additional information. 6. PARKS DEPARTMENT 6.1 Mitigation is required for all existing trees 4-inch caliper or greater that are removed from the site in accord with the standards listed in UDC 11-3B-10C.5. Contact Elroy Huff, City Arborist, at 208-489- 0589 to confirm mitigation requirements for the site prior to removal of any trees. 6.2 A segment of the City’s multi-use pathway system is required to be constructed along the west side of S. Eagle Road as depicted on the Pathways Master Plan; coordinate the construction of the pathway with the Park’s Department. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Prior to ACHD’s signature on the final plat that contains the 201st building lot, construct an eastbound dedicated right turn lane and a westbound center left turn lane on Amity Road at the Marsala Way/Amity Road intersection. 7.1.2 With the first final plat, dedicate 48-feet of right-of-way from the centerline line of Eagle Road abutting the site and dedicate additional right-of-way on the west side of Eagle Road to accommodate the construction of the multi-lane roundabout at the Eagle Road/Taconic Drive intersection consistent with attachment 3. 7.1.3 Enter into a development agreement with ACHD which notes that when necessary to accommodate the construction of the multi-lane roundabout, all of necessary right-of-way will be dedicated, all irrigation facilities will be located outside of the right-of-way, and provide a financial contribution of $120,000.00, the estimated cost of the east leg of the intersection. The agreement shall be executed prior to ACHD’s signature on the first final plat and will specify the timing of the financial contribution. 7.1.4 If the applicant does not enter into an agreement with ACHD as outlined above, then dedicate all of the right-of-way on the west side of Eagle Road necessary to accommodate the construction of a multi-lane roundabout consistent with the template shown as attachment 3, relocate all of the irrigation facilities outside of the influence area of the intersection, and provide the road trust deposit in the amount of 120,000.00, the estimated cost of the east leg of the intersection, prior to ACHD’s signature on the first final plat. EXHIBIT A 15 - 7.1.5 Submit an update to the traffic impact study for review and approval prior to plans acceptance and signature of the final plat that contains the 167th building lot if the roundabout at Eagle Road/Taconic Drive has not been constructed. 7.1.6 If the applicant doesn’t enter into the development agreement, and if a roundabout is warranted based on the updated traffic impact study, construct a single lane roundabout at the Eagle Road/Taconic Drive intersection prior to ACHD’s signature on the final plat that contains the 167th lot. The roundabout shall be designed meeting all of the requirements of ACHD’s Roundabout Design Manual (District policy 5188). 7.1.7 Construct a 5-foot wide detached concrete sidewalk on Eagle Road abutting the site, as proposed. The sidewalk shall be located a minimum of 41-feet from the centerline of Eagle Road abutting the site. Provide a permanent right-of-way easement for the detached sidewalks located outside of the dedicated right-of-way. 7.1.8 A 5-foot wide asphalt path may be constructed within the influence area of the roundabout on Eagle Road. 7.1.9 Widen the pavement on Eagle Road to a minimum width of 17-feet from centerline plus a 3-foot wide gravel shoulder adjacent to the entire site. 7.1.10 Widen Taconic Drive from Eagle Road to 450-feet west of Calais Way, to a 36-foot wide collector with vertical curb, gutter, an 8-foot wide planter strip and a 5-foot wide detached concrete sidewalk on the north side of the roadway, maintaining the existing 10-foot wide detached sidewalk on the south side of Taconic Drive. 7.1.11 Dedicate additional right-of-way on Taconic Drive at the Eagle Road/Taconic Drive intersection to accommodate the construction of the multi-lane roundabout, consistent with attachment 3 prior to ACHD’s signature on the first final plat. 7.1.12 Dedicate the 2 existing center landscape islands on the entry portion of Taconic Drive as right-of-way owned by ACHD prior to ACHD’s signature on the first final plat. 7.1.13 As Taconic Drive extends further west/south widen Taconic Drive to a complete 36-foot wide collector roadway with vertical curb and gutter on the south side of the roadway, maintaining the existing 10-foot wide detached sidewalk on the south side of Taconic Drive. 7.1.14 Prior to ACHD’s signature on the first final plat, coordinate a traffic calming plan for Taconic Drive with ACHD staff. 7.1.15 Construct Montague Way north of Rockhampton Street as a 29-foot street section with rolled curb, gutter, and a 5-foot wide attached concrete sidewalk within 50-feet of right-of-way, as proposed. Install “NO PARKING” signs on one side of Montague Way. 7.1.16 Construct Lawton, Menard, Radiant, and Raphine Streets as 29-foot street sections with rolled curb, gutter, and 5-foot wide attached concrete sidewalks within 42-feet of right-of-way, as proposed. Install NO PARKING” signs on one side of Lawton, Menard, Radiant, and Raphine Streets. 7.1.17 Construct all of the other internal local streets as 33-foot wide street sections with rolled curb, gutter, an 8-foot wide planter strip, and 5-foot wide detached concrete sidewalk within 60-feet of right-of-way. 7.1.18 Provide written Fire Department approval for use of the reduced street sections. 7.1.19 Construct cul-de-sac turnarounds with a minimum radius of 45-feet at the terminus of the following roadways: EXHIBIT A 16 - Montague Genoard Renwick Rosalia Stromboli 7.1.20 Construct 7 roadways to intersect Taconic Drive as follows: Radiant Avenue, north and south of Taconic Drive, located approximately 210-feet west of Eagle Road. Radiant Avenue shall be restricted to right-in/right-out when the Eagle Road/Taconic Drive roundabout is constructed. Raphine Way, north and south of Taconic Drive, located approximately 480-feet west of Eagle Road. Calais Way, north and south of Taconic Drive, located approximately 1,300-feet west of Eagle Road. Lodge Trail Drive, south side of Taconic Drive, located approximately, 2,600-feet west of Eagle Road. 7.1.21 Construct one stub street to the north, Montague Way, located 200-feet east of the west property line. Install a sign at the terminus of the stub street which states, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” Construct a temporary turnaround at the terminus of Montague Way encompassing a building lot, as proposed. Provide an easement for the temporary turnaround. The easement shall the entire lot shall be encumber the entire lot and be identified on the plat as a non-buildable lot until the street is extended. 7.1.22 Construct one stub street to the south, Bentwaters Way, 130-feet west of the east property line, as proposed. Install a sign at the terminus of the stub street which states, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.23 Construct one stub street to the south, Mores Trail Court, located 1,010-feet west of the east property line, as proposed. Install a sign at the terminus of the stub street which states, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.24 Direct lot access is prohibited to Eagle Road and Taconic Drive and shall be noted on the final plat. 7.1.25 Payment of impacts fees are due prior to issuance of a building permit. 7.1.26 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. EXHIBIT A 17 - 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A 18 - C. Legal Description for Annexation & Rezone Boundaries & Exhibit Map EXHIBIT A 19 - EXHIBIT A 20 - EXHIBIT A 21 - EXHIBIT A 22 - EXHIBIT A 23 - EXHIBIT A 24 - EXHIBIT A 25 - EXHIBIT A 26 - EXHIBIT A 27 - EXHIBIT A 28 - EXHIBIT A 29 - D. Required Findings from Unified Development Code 1. Annexation and Rezone 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 Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant proposes to annex and rezone the subject property with the R-4 and R-8 zoning districts and develop single-family detached homes on the site at an overall gross density of 2.83 dwelling units per acre; the City Council finds the proposal is consistent with the associated LDR and MDR designations for this site. (See section VII above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-4 and R-8 zoning districts is consistent with the purpose statement for 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; The City Council finds that the proposed map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the developer. 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, The City 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). The City Council finds annexing the portion of this property that lies south of E. Taconic Drive with the R-4 and R-8 zoning district as requested is in the best interest of the City. The portion of the site on the north side of Taconic was previously annexed and is proposed to be rezoned with this application so this finding doesn’t apply to that portion of the site. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in conformance with the Comprehensive plan if the site is developed in accord with the conditions of approval in Exhibit B. (Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information.) b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are available and are adequate to serve the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) EXHIBIT A 30 - c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments from public service providers in Exhibit B, the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property that would be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4N PROJECT NUMBER: H-2017-0098 ITEM TITLE: Gensco Development Agreement for Gensco (H-2017-0098) with Kobe, LLC located at the northeast corner of N. Locust Grove Road and E. Franklin Road, in the SW'/4 of Section 8, Township 3 North, Range 1 East. (Parcel No.: S1 108336020) 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 ADA COUNTY RECORDER Christopher D. Rich 2017-119617 BOISE IDAHO Pgs=23 LISA BATT 12/14/2017 04:55 PM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. Kobe, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of 2017, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter. called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Kobe, LLC, whose address is 732 Santa Paula Place, Boise, Idaho 83712, hereinafter called OWNER/ DEVELOPER. 1. RECITALS: 1.1 WHE RE AS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in fall, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer made a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the re -zone of approximately 4.50 acres of land from the C -G zoning district to the I -L (Light Industrial) zoning district in the Meridian City Code (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and DEVELOPMENT AGREEMENT - GENSCO SUBDIVISION (H-2017-0098) PAGE 1 OF 7 subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 8th day of November, 2017, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Kobe, LLC, whose address is 732 Santa Paula Place, Boise, ID 83712 any subsequent owner(s)/developers of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located DEVELOPMENT AGREEMENT - GENSCO SUBDIVISION (H-2017-0098) PAGE 2 OF 7 in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Light Industrial District (I -L) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of the northern portion of this shall substantially comply with the conceptual elevations included in Exhibit A of the Staff Report, which is hereby incorporated as an attachment to the Findings of Fact and Conclusions of Law as Exhibit "B". b. Direct vehicle access shall be limited to Lanark and Nola, unless ACHD and the City Council grant access to North Locust Grove and East Franklin Road in the future. c. The subject property shall be subdivided prior to issuance of any Certificate of Zoning Compliance application OR the entire property shall be included with the Certificate of Zoning Compliance application. d. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Design Manual. Windows are required on all elevations that face any open play area, the basketball court and any other areas used for children's recreation to allow views of these areas. All roof and wall mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent streets and properties. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of DEVELOPMENT AGREEMENT - GENSCO SUBDIVISION (H-2017-0098) PAGE 3 OF 7 written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT - GENSCO SUBDIVISION (H-2017-0098) PAGE 4 OF 7 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER: Kobe, LLC 732 Santa Paula Place Boise, ID 83712 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other parry a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT - GENSCO SUBDIVISION (H-2017-0098 PAGE 5 OF 7 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures, and Exhibits A and B follow] DEVELOPMENT AGREEMENT - GENSCO SUBDIVISION (H-2017-0098) PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Kobe, LLC i& M CITY OF MERIDIAN By. Y Mayor TaVAIV de Weerd STATE OF IDAHO ) ss: EDq Ciq of ID1AN*, m JOA14O SEAL / ATTEST: Cy Coles, ity Clerk A County of Ada, ) Qthis day of 2017, before me, the undersigned, a Notary Pub�nd for said State, personally appeared -3 i 4y'Vl)' known or identified to me to be the of Kobe, LLC and acknowledged to me that he executed the same on behalf of said partnership. IN WITNESS WHEREOF, I hayJiereuntc above written.fft'r' y' (SEAL) ar•y ,o exp STATE OF IDAHO set my hand and affixed my official seal the day and year in this certificate first J Y �' Notary Public for o Residing at: ) :I-�,�� My Commission Expires: 12 fit' ss County of Ada On this 5e-2 day of UC x' J 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified tome to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first nhnve written. (SEAT.) CiDa A �. � k Notary Publicr,I�iaho 1 Residing at: `U d �,,Q�l,(��11y Commission expires: 2D a cD— DEVELOPMENT AGREEMENT — GENSCO SUBDIVISION (H-2017-0098 PAGE 7 OF 7 Exhibit A LEGAL DESCRIPTION FOR REZONE FROM C -G TO INDUSTRIAL A parcel of land lying in the WI/2 ofthc SWIM ofthe SWIM of Section 8, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, said pv=1 being mom particularly described as follows: Commencing at a Dross Cup marking the SW comer of Section 8; thtmce N.0125'49'"E. 681.29 feet along the East tine of said Section 8 to a point ; thence 5.89°34' 1 l "E. 46.00 fact cast to a 518 inch rebar, said rebar or being the POINT OF DEGMUNG; Thence N.45"2173"F. 35.41 feet to a 5A inch rebar, Thence 5.89"34'20"E. 538.71 feet to a point; Thcncc 5.44133'03"E. 35.34 fact to a point; Thence S.0028'15"W. 309.00 feet to a point; Thenen NXT34'20"W. 588AS feet to a point; Thence N.0°2548L,. 308.93 feet to the POINT Or BEGINNING. Said parcel contains 4.50 uacs, marc or Ices, and is subject to all existing easemenis and right -of ways of record or implied. Gensco — RZ H-2017-0098 Exhibit A zIU) N O Z S89' 34' 20"E 588.48' m Parcel Line Table Line # Length Direction E. LANARK STREET S89' 34' 20"E 538.71' 48.00 ��� _... L21 35.41 L20 L22 35.34 S44' 33' 03"E 0 O � C11 r"i LOT 1 O; 0 M Q n M rn 4.50 ACRES w 4 � M r- Z � N NI Z O U� U). zIU) N O Z S89' 34' 20"E 588.48' m Parcel Line Table Line # Length Direction L20 48.00 N89' 34' 11"W L21 35.41 N45' 21' 23"E L22 35.34 S44' 33' 03"E �O a 15758 7-5-17 �.,ro ,nR HOW Ai w J.J. HOWARD --I 17 /� �a MAODDJ SUFOW" — O cis i�aoa EXF�6Fi DItA5MN4 6aa�erC / stx� IrawwrR/wrwWl+*a� Gensco — RZ H-2017-0098 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0098 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone of 4.5 acres of land from the C-G to the I-L zoning district, by Kobe, LLC. Case No(s). H-2017-0098 For the City Council Hearing Date of: October 17, 2017 (Findings on November 8, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 17, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 17, 2017, 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. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 17, 2017, incorporated by reference. The conditions are concluded to be EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0098 - 2 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for rezone is hereby approved per the Staff Report for the hearing date of October 17, 2017, attached as Exhibit A. D. 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. E. Attached: Staff Report for the hearing date of October 17, 2017 By action of the City Council at its regular meeting held on the day of 2017. COUNCIL PRESIDENT KEITH BIRD VOTED Jct COUNCIL VICE PRESIDENT JOE BORTON VOTED M COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED /0, COUNCIL MEMBER TY PALMER VOTED Y4 COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MI.LAM VOTED IC4 MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor. Tamne^eerd Attest: C.Jay Mes City Clerk Cily of w E IDIANt.- IDAHO SEAL ') Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: r Dated: Cit lerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). 1-12017-0098 - 3 - Exhibit A Gensco – RZ H-2017-0098 PAGE 1 STAFF REPORT Hearing Date: October 17, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Gensco – RZ (H-2017-0098) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Kobe LLC, has submitted an application for a rezone (RZ) of 4.5 acres of a total 8.38 acre parcel from the C-G to the I-L zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ application in accord with the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on September 7, 2017. At the public hearing the Commission moved to recommend approval of the subject RZ request. a. Summary of Commission Public Hearing: i. In favor: Kevin Schalk (Applicant’s representative) ii. In opposition: None iii. Commenting: Kevin Schalk iv. Written testimony: None v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Concerns about the pressure in the irrigation lines, who is responsible for the irrigation, and what has been done to address the issue. ii. Is gravel an appropriate material for the proposed pathway. d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1B to read as follows: “Direct vehicle access shall be limited to Lanark and Nola, unless ACHD and the City Council grant access to North Locust Grove Road and East Franklin Road in the future.” e. Outstanding Issue(s) for City Council: i. The applicant is requesting access to both Locust Grove Road and Franklin. The Meridian City Council heard this item on October 17, 2017. At the public hearing, the Council approved the subject RZ request. a. Summary of City Council Public Hearing: i. In favor: Doug Tamura (applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach Exhibit A Gensco – RZ H-2017-0098 PAGE 2 vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None di. 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-2017-0098, as presented in the staff report for the hearing date of September 7, 2017, 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-2017-0098, as presented during the hearing on September 7, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0098 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 the northeast corner of N. Locust Grove Road and E. Franklin Road, in the SW ¼ of Section 8, Township 3 North, Range 1 East. (Parcel No.: S1108336020) B. Owner/Applicant/Representative: Kobe, LLC 732 Santa Paula Place Boise, ID 83712 C. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 18, 2017 (Commission); September 29, 2017 Council) C. Radius notices mailed to properties within 300 feet on: August 9 and 10, 2017 (Commission); September 8, 2017 (Council) D. Applicant posted notice on site(s) on: August 20, 2017 (Commission); October 3, 2017 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The site is currently vacant and is currently zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: Exhibit A Gensco – RZ H-2017-0098 PAGE 3 1. North: Industrial use, zoned I-L 2. East: Single-family residential, zoned RUT; Industrial Use, zoned I-L; Commercial Auto Repair, zoned C-G 3. South: Single-family residential, zoned RUT; Multi-family residential, zoned R-15 4. West: Vacant property, zoned C-G and I-L C. History of Previous Actions: This property was annexed in 1996 as ordinance #748. D. Utilities: 1. Location of sewer: The subject site is currently being served with sanitary sewer from the City of Meridian. 2. Location of water: The subject site is currently being served with water from the City of Meridian. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways that cross this site. 2. Hazards: Staff is unaware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated “Commercial” on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 105), commercial designated areas, “will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone.” Although this property has a Commercial designation within the Comprehensive Plan Future Land Use Map, land use designations do not follow parcel/property lines; there are properties directly to the north, east and west that are designated Industrial. In this situation, staff is recommending to “float” the adjacent Industrial designation to a portion (4.5 acres) of the subject property as well. Staff finds that the proposal to rezone a portion of this property to I-L is consistent with the desired land uses in the comprehensive plan for several reasons. These reasons include the adjacent users to the north and east are either existing industrial users, or are designated as such. To ensure compliance with the plan staff is recommending that the property owner enter into a development agreement that will further define the uses allowed on the property as well as access points, and subdivision. Policies: 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): VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2C-1, the purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian comprehensive plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or Exhibit A Gensco – RZ H-2017-0098 PAGE 4 objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. B. Schedule of Use: Unified Development Code (UDC) Table 11-2C-2 lists the principal permitted P), accessory (A), conditional (C), and prohibited (-) uses in the I-L zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Flex Space developments are listed as a principal permitted use in the I-L zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC11-2C-3 for the I-L zoning district. D. Landscaping: Street buffer landscaping is required in the I-L zoning district in accord with UDC 11-2C-3. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for flex- space developments. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Rezone The applicant has applied for a rezone of 4.5 acres of land from the C-G to the I-L zoning district. As discussed above in Section VII, the proposed zoning is consistent with the policies in the Comprehensive Plan. The proposed concept plan depicts a 50,000 s.f. building with a potential future expansion of 20,000 s.f. Staff does not typically support split-zoned properties. However, subsequent to applying for the subject rezone, the applicant has submitted a preliminary/final plat application to create a three lot subdivision out of the existing parcel. The northern lot is proposed for I-L zoning, while the southern two lots will remain zoned C-G. The three uses will be required to obtain separate land use approvals prior to construction and operation. In general, staff is supportive of the proposed concept plan. The site currently has one vehicular access to both N. Locust Grove Road and E. Franklin Road. UDC 11-3A-3 requires the applicant to utilize local streets where available. In this case the applicant is required to utilize access from E. Lanark Street and N. Nola Road (both local streets). Staff recommends approval of a single shared access as well as one shared access from E. Franklin Road. Madden subdivision is currently being processed by staff and is scheduled to be heard by the Planning and Zoning Commission on September 21st. In order to utilize access from N. Locust Grove Road and E. Franklin Road, the applicant will need to obtain approval from both ACHD and City Council. Under the existing zoning (C-G), the proposed wholesale sales and warehouse uses are not allowed. Although the applicant has submitted a viable concept plan, the only development currently shown on the conceptual site plan is the wholesale sales and warehouse building located on Lot 1; specific development plans are not proposed for Lots 2 and 3, Block 1. In order to ensure that the property develops as recommended by staff, staff is recommending that the property be subject to a development agreement. Staff’s recommended DA provisions are provided in Exhibit B. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. Exhibit A Gensco – RZ H-2017-0098 PAGE 5 In summary, Staff recommends approval of the proposed rezone request for a portion of the overall site in accord with the findings contained in Exhibit D. X. EXHIBITS A. Vicinity/Zoning Map B. Legal Description & Exhibit Map for Rezone Boundary C. Development Agreement Provisions D. Required Findings from Unified Development Code E. Conceptual Elevations (Not Approved) EXHIBIT A: VICINITY/ZONING MAP Exhibit A 2 - EXHIBIT B - LEGAL DESCRIPTION & EXHIBIT MAP FOR REZONE BOUNDARY Exhibit A 3 - Exhibit A 4 - Exhibit A 5 - EXHIBIT C: DEVELOPMENT AGREEMENT PROVISIONS 1.1 Site Specific Provisions 1.1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. A final plat application shall not be submitted until the DA is approved and recorded by the City. 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 City within six (6) months of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: a. Future development of the northern portion of this site shall substantially comply with the conceptual elevations included in Exhibit E and the conditions contained herein. b. Direct vehicular access to N. Locust Grove limited to one shared access from E. Franklin and one shared access from N. Locust Grove. The applicant shall receive approval from both ACHD and City Council in order to utilize these access points. Direct vehicle access shall be limited to Lanark and Nola, unless ACHD and the City Council grant access to North Locust Grove Road and East Franklin Road in the future. c. The subject property shall be subdivided prior to issuance of any Certificate of Zoning Compliance application OR the entire property shall be included with the Certificate of Zoning Compliance application. d. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Design Manual. Windows are required on all elevations that face the open play area, the basketball court and any other areas used for children’s recreation to allow views of these areas. All roof and wall mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent streets and properties. Exhibit A 6 - EXHIBIT D: REQUIRED FINDINGS FROM UNIFIED DEVELOPMENT CODE 1. Rezone 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 Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to rezone the subject property from C-G to the I-L zoning district. This property is currently designated Commercial on the Future Land Use Map. However, the adjacent properties are designated Industrial and the Comprehensive Plan is not parcel specific. An interpretation that the northern portion of the subject parcel may be industrial is appropriate in this situation. Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). 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 I-L zoning district is consistent with the purpose statement for the traditional neighborhood 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 map amendment will not be detrimental to the public health, safety, or welfare. City utilities already exist to this site. Council considers any oral or written testimony that may be 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). This finding is not applicable as the request is for a rezone. Exhibit A 7 - EXHIBIT E: CONCEPTUAL ELEVATIONS (NOT APPROVED) Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 40 PROJECT NUMBER: H-2017-0144 ITEM TITLE: Brickyard Subdivision No. 3 Final Order for Brickyard Subdivision No. 3 (H-2017-0144) by John Carpenter located at 3611 N. Centrepoint Way 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRICKYARD SUBDIVISION NO. 3 – FP H-2017-0144 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 28, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF (4) BUILDING LOTS AND (1) COMMON/OTHER LOT ON 1.64 ACRES OF LAND IN THE C-G ZONING DISTRICT FOR BRICKYARD SUBDIVISION NO. 3 BY: JOHN CARPENTER, T-O ENGINEERGS APPLICANT CASE NO. H-2017-0144 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on November 28, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING BRICKYARD SUBDIVISION NO. 3, A RE-SUBDIVISION OF A PORTION OF LOT 16, BLOCK 2, CENTREPOINT SUBDIVISION NO. 2 AND LOCATED IN THE NE ¼ OF THE SE ¼ OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRICKYARD SUBDIVISION NO. 3 – FP H-2017-0144 Page 2 of 3 DATE: 10/31/17, by KEVIN N. SORENSEN, PLS, SHEET 1 OF 3,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated November 28, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from James Doolin, Land Development Partners, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after: the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the )':�' day of �Qb -i ED AUGUST' By: iTammy p c 1V or w Mayor Attest: �. %Vl E IDIAN*-- C.44y Coles Ci Clerk Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: Dl e( yy-i bee- � `21 2,6 1 % ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRICKYARD SUBDIVISION NO. 3 — FP H-2017-0144 Page 3 of 3 EXHIBIT A Brickyard Subdivision No. 3 – FP H-2017-0144.doc PAGE 1 STAFF REPORT MEETING DATE: November 28, 2017 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Brickyard Subdivision No. 3 – H-2017-0144 I. APPLICATION SUMMARY The applicant, John Carpenter, has applied for final plat (FP) approval 4 building lots and 1 common/other lot on 1.64 acres of land in a C-G zoning district for the third phase of Brickyard Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Brickyard Subdivision No. 3 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0144 as presented in the staff report for the hearing date of November 28, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0144, as presented during the hearing on November 28, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0144 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 approximately 1/3 of a mile north of E. Ustick Road and west of N. Eagle Road on the east side of N. Centrepoint Way at 3611 N. Centrepoint Way, in the SE ¼ of Section 32, Township 4 North, Range 1 East. B. Applicant: John Carpenter, T-O Engineers 332 N. Broadmore Way, Ste. 101 Nampa, ID 83687 C. Owner: FIG Village at CentrePoint, LLC 4685 South Highland Drive, #202 Salt Lake City, UT 84117 EXHIBIT A Brickyard Subdivision No. 3 – FP H-2017-0144.doc PAGE 2 D. Representative: Same as Applicant V. STAFF ANALYSIS The proposed final plat depicts 4 building lots and 1 common/other lot on 1.64 acres of land in a C-G zoning district. This is the 3rd phase of development of Brickyard Subdivision. Development is required to comply with the dimensional standards of the C-G zoning district listed in UDC Table 11-2B-3. Staff has reviewed the proposed plat for compliance with the aforementioned dimensional standards and found the plat to be in compliance with those standards. Staff has reviewed the proposed final plat for consistency with the preliminary plat and found it to be in compliance with the preliminary plat. Because the number of building lots and common open space are the same, staff finds the proposed plat is in substantial conformance with the preliminary plat per the standards listed in UDC 11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-03-025), Development Agreements (Instruments #106191305, 114002255, 2016-079095), and preliminary plat (H-2017- 0107). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two (2) years of the City Engineer’s signature on the previous phase final plat; or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by T-O Engineers, stamped on 10/31/17 by Kevin N. Sorensen, shown in Exhibit C shall be revised as follows: a. Note #3: “. . . at the time of issuance of individual building permits or as specifically approved and/or required, or as shown on this plat. b. Note #8: “Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian.” c. Widen the street buffer along N. CentrePoint Way to 20 feet in accord with UDC Table 11- 2B-3 for collector streets. d. Include the Book and Page number of Brickyard Subdivision Phase 2. e. Remove “DRAFT” from the face of the plat. 5. The landscape plan prepared by T-O Engineers, dated October 30, 2017, shown in Exhibit D, shall be revised as follows: a. Depict a full 20-foot wide street buffer along N. Centrepoint Way, landscaped in accord with the standards listed in UDC 11-3B-7C. There is a 5’+/- wide strip next to the building that isn’t landscaped. b. Depict the 6-foot tall vinyl privacy fence along the east boundary of the site as previously proposed. EXHIBIT A Brickyard Subdivision No. 3 – FP H-2017-0144.doc PAGE 3 6. All fencing installed on the site shall comply with the standards listed in UDC 11-3A-6 and 11- 3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 9. The applicant shall obtain final approval of the property boundary adjustment application (A- 2017-0133, Centrepoint No. 2) from the Planning Division prior to submittal of the first final plat application. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. EXHIBIT A Brickyard Subdivision No. 3 – FP H-2017-0144.doc PAGE 4 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. 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. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. EXHIBIT A Brickyard Subdivision No. 3 – FP H-2017-0144.doc PAGE 5 21. 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 Water Department at 208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. 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 development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. V. EXHIIBITS A. Vicinity/Zoning Map B. Approved Preliminary Plat (dated: 7/13/17) C. Proposed Final Plat (dated: 10/31/17) D. Proposed Landscape Plan (dated: 10/30/17) EXHIBIT A Brickyard Subdivision No. 3 – FP H-2017-0144.doc PAGE 6 Exhibit A – Vicinity/Zoning Map EXHIBIT A Brickyard Subdivision No. 3 – FP H-2017-0144.doc PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 7/13/17) EXHIBIT A Brickyard Subdivision No. 3 – FP H-2017-0144.doc PAGE 8 Exhibit C – Proposed Final Plat (dated: 10/31/17) EXHIBIT A Brickyard Subdivision No. 3 – FP H-2017-0144.doc PAGE 9 Exhibit D – Proposed Landscape Plan (dated: 10/30/17) From:James Doolin To:Carpenter, John; Sonya Allen Cc:Machelle Hill; C.Jay Coles ; Charlene Way ; Barbara Shiffer Subject:RE: Brickyard Sub. 3 - FP H-2017-0144 Staff Recommendation to Council for 11/28 Mtg Date:Wednesday, November 22, 2017 8:36:59 AM Sonya, The staff reports for Brickyard Subdivision PH3 and PH4 are acceptable.Please proceed forward by putting both items on the consent agenda for the Council meeting on November 28 th . Thanks, JAMES DOOLIN Partner james@ldputah.com 801.649.3519 From:Carpenter,John mailto:jcarpenter@to-engineers.com] Sent:Tuesday,November 21,2017 4:56 PM To:James Doolin james@ldputah.com> Subject:FW:Brickyard Sub.3 FP H-2017-0144 Staff Recommendation to Council for 11/28 Mtg JOHN CARPENTER,PE Nampa Office Manager 332 N.Broadmore Way Nampa,Idaho 83687 O 208.442.6300 M 208.899.0688 www.to-engineers.com From: Sonya Allen [mailto:sallen@meridiancity.org] Sent: Tuesday, November 21, 2017 4:27 PM To: Barbara Shiffer; C.Jay Coles; Charlene Way Cc: Carpenter, John; Keith, Kristina; Bill Parsons Subject: Brickyard Sub. 3 - FP H-2017-0144 Staff Recommendation to Council for 11/28 Mtg Attached is the staff report for the proposed final plat for Brickyard Sub. 3. This item is scheduled to be on the City Council agenda on November 28th . The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. John - Please submit a written response to the staff report to the City Clerk’s office mhill@meridiancity.org, cjcoles@meridiancity.org , cway@meridiancity.org, bshiffer@meridiancity.org and myself (e-mail or fax) ASAP. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda for discussion. If you do not respond to the staff report by Wednesday at 12:00 pm, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, Sonya Allen | Associate City Planner City of Meridian Community Development Department 33 E.Broadway Ave.,Ste.102,Meridian,Idaho 83642 Phone:208-884-5533|Direct:208-489-0578|Fax:208-489-0578 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4P PROJECT NUMBER: H-2017-0143 ITEM TITLE: Brickyard No. 4 Final Order for Brickyard Subdivision No. 4 (H-2017-0143) by John Carpenter located at 3611 N. Centrepoint Way 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRICKYARD SUBDIVISION NO. 4 – FP H-2017-0143 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 28, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF (19) BUILDING LOTS AND (1) COMMON/OTHER LOT ON 5.31 ACRES OF LAND IN THE C-G ZONING DISTRICT FOR BRICKYARD SUBDIVISION NO. 4 BY: JOHN CARPENTER, T-O ENGINEERGS APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0143 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on November 28, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING BRICKYARD SUBDIVISION NO. 4, A RE-SUBDIVISION OF BLOCK 1, CENTREPOINT SUBDIVISION NO. 2 AND LOCATED IN THE N ½ OF THE SE ¼ OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 10/31/17, by KEVIN N. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRICKYARD SUBDIVISION NO. 4 – FP H-2017-0143 Page 2 of 3 SORENSEN, PLS, SHEET 1 OF 3,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated November 28, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from James Doolin, Land Development Partners, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the )(% day of 12 M'6Oy' , 2017. Attest: C.J Cole City Clerk P-VEDAUGV 09-' S� City of w C�fj IDIAN!- IDAHO \& SEAL 4,) By: Tammy de Yeerd Mayor, City of Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Uv&nr WaxOR Dated: I 4 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRICKYARD SUBDIVISION NO. 4 — FP H-2017-0143 Page 3 of 3 EXHIBIT A Brickyard Subdivision No. 4 – FP H-2017-0143.doc PAGE 1 STAFF REPORT MEETING DATE: November 28, 2017 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Brickyard Subdivision No. 4 – H-2017-0143 I. APPLICATION SUMMARY The applicant, John Carpenter, has applied for final plat (FP) approval 19 building lots and 1 common/other lot on 5.31 acres of land in a C-G zoning district for the fourth and final phase of Brickyard Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Brickyard Subdivision No. 4 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0143 as presented in the staff report for the hearing date of November 28, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0143, as presented during the hearing on November 28, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0143 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 approximately 1/3 of a mile north of E. Ustick Road and west of N. Eagle Road on the west side of N. Centrepoint Way at 3611 N. Centrepoint Way, in the SE ¼ of Section 32, Township 4 North, Range 1 East. B. Applicant: John Carpenter, T-O Engineers 332 N. Broadmore Way, Ste. 101 Nampa, ID 83687 C. Owner: FIG Village at CentrePoint, LLC 4685 South Highland Drive, #202 EXHIBIT A Brickyard Subdivision No. 4 – FP H-2017-0143.doc PAGE 2 Salt Lake City, UT 84117 D. Representative: Same as Applicant V. STAFF ANALYSIS The proposed final plat depicts 19 building lots and 1 common/other lot on 5.31 acres of land in a C- G zoning district. This is the 4th and final phase of development of Brickyard Subdivision. Development is required to comply with the dimensional standards of the C-G zoning district listed in UDC Table 11-2B-3. Staff has reviewed the proposed plat for compliance with the aforementioned dimensional standards and found the plat to be in compliance with those standards. Staff has reviewed the proposed final plat for consistency with the preliminary plat and found it to be in compliance with the preliminary plat. Because the number of building lots and common open space are the same, staff finds the proposed plat is in substantial conformance with the preliminary plat per the standards listed in UDC 11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-03-025), Development Agreements (Instruments #106191305, 114002255, 2016-079095), and preliminary plat (H-2017- 0107). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two (2) years of the City Engineer’s signature on the previous phase final plat; or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by T-O Engineers, stamped on 10/31/17 by Kevin N. Sorensen, shown in Exhibit C shall be revised as follows: a. Note #3: “. . . at the time of issuance of individual building permits or as specifically approved and/or required, or as shown on this plat. b. Note #8: “Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian.” c. Widen the street buffer along N. CentrePoint Way to 20 feet in accord with UDC Table 11- 2B-3 for collector streets. d. Remove “DRAFT” from the face of the plat. 5. The landscape plan prepared by T-O Engineers, dated October 30, 2017, shown in Exhibit D, shall be revised as follows: a. Depict a full 20-foot wide street buffer along N. Centrepoint Way, landscaped in accord with the standards listed in UDC 11-3B-7C. There is a 5’+/- wide strip next to the buildings that isn’t landscaped. b. The fencing depicted at the north boundary of the site is required to be placed at the back edge of the street buffer along Jasmine Lane. EXHIBIT A Brickyard Subdivision No. 4 – FP H-2017-0143.doc PAGE 3 6. All fencing installed on the site shall comply with the standards listed in UDC 11-3A-6 and 11- 3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. EXHIBIT A Brickyard Subdivision No. 4 – FP H-2017-0143.doc PAGE 4 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. 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. 10. It shall be the responsibility of the applicant to ensure that all development features comply wi th the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. 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. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 signature of the final plat by the City Engineer. EXHIBIT A Brickyard Subdivision No. 4 – FP H-2017-0143.doc PAGE 5 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at (208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. 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 development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. V. EXHIIBITS A. Vicinity/Zoning Map B. Approved Preliminary Plat (dated: 7/13/17) C. Proposed Final Plat (dated: 10/31/17) D. Proposed Landscape Plan (dated: 10/30/17) EXHIBIT A Brickyard Subdivision No. 4 – FP H-2017-0143.doc PAGE 6 Exhibit A – Vicinity/Zoning Map EXHIBIT A Brickyard Subdivision No. 4 – FP H-2017-0143.doc PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 7/13/17) EXHIBIT A Brickyard Subdivision No. 4 – FP H-2017-0143.doc PAGE 8 Exhibit C – Proposed Final Plat (dated: 10/31/17) EXHIBIT A Brickyard Subdivision No. 4 – FP H-2017-0143.doc PAGE 9 Exhibit D – Proposed Landscape Plan (dated: 10/30/17) From:James Doolin To:Carpenter, John; Sonya Allen Cc:Machelle Hill; C.Jay Coles ; Charlene Way ; Barbara Shiffer Subject:RE: Brickyard Sub. 3 - FP H-2017-0144 Staff Recommendation to Council for 11/28 Mtg Date:Wednesday, November 22, 2017 8:36:59 AM Sonya,   The staff reports  for  Brickyard  Subdivision  PH3  and PH4 are acceptable. Please proceed forward by putting both  items  on the  consent agenda  for  the  Council  meeting on November 28 th .   Thanks,   JAMES DOOLIN Partner james@ldputah.com 801.649.3519   From: Carpenter, John  [mailto:jcarpenter@to-engineers.com]  Sent: Tuesday, November 21, 2017  4:56 PM To: James Doolin  <james@ldputah.com> Subject: FW: Brickyard  Sub. 3 - FP H-2017-0144  Staff Recommendation  to Council  for 11/28 Mtg       JOHN  CARPENTER, PE | Nampa Office Manager   332 N. Broadmore  Way | Nampa, Idaho  83687 O 208.442.6300  M 208.899.0688 www.to-engineers.com   From: Sonya Allen [mailto:sallen@meridiancity.org] Sent: Tuesday, November 21, 2017 4:27 PM To: Barbara Shiffer; C.Jay Coles; Charlene Way Cc: Carpenter, John; Keith, Kristina; Bill Parsons Subject: Brickyard Sub. 3 - FP H-2017-0144 Staff Recommendation to Council for 11/28 Mtg   Attached is the staff report for the proposed final plat for Brickyard Sub. 3. This item is scheduled to be on the City Council agenda on November 28th . The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. John - Please submit a written response to the staff report to the City Clerk’s office (mhill@meridiancity.org, cjcoles@meridiancity.org , cway@meridiancity.org, bshiffer@meridiancity.org and myself (e-mail or fax) ASAP. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda for discussion. If you do not respond to the staff report by Wednesday at 12:00 pm, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks,     Sonya Allen | Associate City Planner City of  Meridian  | Community  Development  Department 33  E. Broadway  Ave., Ste. 102, Meridian, Idaho  83642 Phone: 208-884-5533|Direct: 208-489-0578|Fax: 208-489-0578 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.     Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4Q PROJECT NUMBER: H-2017-0148 ITEM TITLE: Shelburne No. 2 Final Order for Shelburne No. 2 (H-2017-0148) by Shelburne Properties LLC Located East of S. Eagle Road on the South Side of E. Zaldia Lane 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHELBURNE SUBDIVISION NO. 2 – FP (H-2017-0148) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 5, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 30 SINGLE- FAMILY RESIDENTIAL LOTS AND 7 COMMON LOTS ON 10.78 ACRES OF LAND IN THE R-4 ZONING DISTRICT FOR SHELBURNE SUBDIVISION NO. 2 BY: SHELBURNE PORPERTIES, LLC APPLICANT CASE NO. H-2017-0148 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on December 5, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING SHELBURNE SUBDIVISION NO. 2, LOCATED IN THE N ½ OF THE SW ¼ OF SECTION 28, T.3N., R.1E, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 11/4/2017, by GREGORY G. CARTER, PLS, SHEET 1 OF 4,” is conditionally approved subject to those conditions of Staff as set forth ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHELBURNE SUBDIVISION NO. 2 – FP (H-2017-0148) Page 2 of 3 in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated December 5, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Ben Semple, Breckon Land Design, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 0et"'�`2Mde-4" , 2017. 11 O�PED AUGUST Q, (1�" rity or �E IDIAN�--Attest: ' °AMO/? SEAL i/ QJay Cole City Clerk. V -r" Tammy de e d Mayor, City Meridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: D,Q rYluo-r 12-1,,7011 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHELBURNE SUBDIVISION NO.2 — FP (H-2017-0148) Page 3 of 3 EXHIBIT A Shelburne Sub 2 H-2017-0148 PAGE 1 STAFF REPORT MEETING DATE: December 5, 2017 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Shelburne Subdivision No. 2 – H-2017-0148 I. APPLICATION SUMMARY The applicant, Shelburne Properties, LLC, has applied for final plat (FP) approval of 30 single-family residential building lots and 7 common lots on 10.78 acres of land in an R-4 zoning district for the second and final phase of Shelburne Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Shelburne Subdivision No. 2 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0148 as presented in the staff report for the hearing date of December 5, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0148, as presented during the hearing on December 5, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0148 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 subject property is generally located at ¼ mile east of S. Eagle Road and north of E. Amity Road, in the southwest ¼ of Section 28, T. 3N., R. 1E. B. Applicant: Shelburne Properties, LLC 7440 E. Pinnacle Peak Rd., Ste. 142 Scottsdale, AZ 85255 C. Owners: Same as applicant EXHIBIT A Shelburne Sub 2 H-2017-0148 PAGE 2 D. Representative: Ben Semple, Breckon Land Design 6661 N. Glenwood St. Garden City, ID 83714 V. STAFF ANALYSIS The proposed final plat depicts 30 new building lots and 7 common area lots on 10.78 acres of land in the R-4 zoning district. All of the lots proposed in this subdivision are for single-family detached homes and comply with the dimensional standards of the R-4 zoning district listed in UDC Table 11- 2A-5. There is an existing home and an accessory structure on this site; the home is proposed to remain and the accessory structure will be removed. The building footprint for the existing home shown in Exhibit F demonstrates compliance with the setback requirements of the R-4 district as required. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and common area is the same as shown on the preliminary plat; therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-15-003), Development Agreement Inst. #2015-083757) and preliminary plat (PP-15-005). 2. The applicant shall obtain the City Engineer’s signature on the final plat by April 4, 2019; or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The existing accessory structure on proposed Lots 12 and 13, Block 1 shall be removed prior to signature on the final plat by the City Engineer. 5. The final plat prepared by Idaho Survey Group, LLC, stamped by Gregory G. Carter on 11/4/2017, shall be revised prior to signature on the final plat by the City Engineer as follows: a. Note #6: “Direct lot access via N. Howry Ln. S. Hillsdale Ave. and E. Peaceful Pond Dr. is prohibited except for Lot 7, Block 1.” b. Note #9: Include the recorded instrument number for the ACHD sidewalk easement. c. Note #10: Include the recorded instrument number for the temporary turnaround easement. d. Note #11: Include the recorded instrument number for the Meridian water easement. e. Note #12: “Lot 30, Block 5 shall be subject to an access easement in favor of Lots 28, and 29, Block 5.” 6. The landscape plan prepared by Breckon Land Design, stamp dated 9/6/17, shall be revised prior to signature on the final plat by the City Engineer as follows: a. Include vegetative groundcover within Lot 2, Block 1, at a minimum coverage of 70% at maturity in accord with UDC 11-3B-5N. A 5-foot wide strip of landscaping is required on either side of the pathway in accord with UDC 11-3B-12C.1. b. Include a concrete pad at the end of the common driveway on Lot 30, Block 5 no more than 5 feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the EXHIBIT A Shelburne Sub 2 H-2017-0148 PAGE 3 residences that take access from the common driveway. Please contact Bob Olson at Republic Services (345-1265) for additional information. c. Fencing adjacent to the micropath on Lot 2, Block 1 is restricted as set forth in UDC 11-3A- 7A.7; revise accordingly. d. Include fencing at the rear/side of the building lots that abut the large common area on Lot 6, Block 1 to distinguish common from private areas and to prevent the pond from becoming an easily accessible hazard to adjacent buildable lots, in accord with the standards listed in UDC 11-3A-7A.7. e. Five-foot wide detached sidewalks are required along N. Hillsdale Ave., and E. Peaceful Pond Dr., both collector streets, in accord with UDC 11-3A-17, except for on Lot 6, Block 1 which City Council approved to be attached. f. Include mitigation calculations for any existing healthy 4” caliper or greater trees that are removed from the site in accord with UDC 11-3B-10C.5. 7. All fencing installed on the site must comply with the fencing plan depicted on the landscape plan, the conditions in this report, and with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 8. The common driveway proposed on the site on Lot 30, Block 5 shall comply with the standards listed in UDC 11-6C-3D. A perpetual ingress/egress easement shall be filed with the Ada County recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment in accord with UDC 11-6C-3D.7. 9. The driveway for the future home on Lot 31, Block 5 shall be located on the opposite side of the shared property line with Lot 30, Block 5 away from the common driveway in accord with UDC 11-6C-3D.5. 10. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 11. A street light plan will need to be included with the Land Development Plan Submittal. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. The streetlights on E. Peaceful Pond Dr. and S. Howry Lane will need to be metered as these roads are not internal to the subdivision. 12. Development of homes within this subdivision shall be consistent with the building elevation design and materials approved with the preliminary plat. 13. The rear or sides of future structures on lots that face E. Peaceful Pond Dr. and N. Hillsdale Ave., both collector streets, on Lots 5 and 9, Block 1; Lots 2-4, Block 6; Lots 4-10, Block 4 and Lots 29, 31-32, Block 5 shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 14. Applicant shall abandon domestic well #399884, located near Lot 4 Block 4. This well is not currently shown on the construction plans. Abandonment is to include perforation of the well casing and pressure grouting to the surface. EXHIBIT A Shelburne Sub 2 H-2017-0148 PAGE 4 VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. EXHIBIT A Shelburne Sub 2 H-2017-0148 PAGE 5 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. 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. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at 208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. 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, EXHIBIT A Shelburne Sub 2 H-2017-0148 PAGE 6 the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. EXHIIBITS A. Vicinity/Zoning Map B. Approved Preliminary Plat (dated: 6/11/15) C. Proposed Final Plat (dated: 11/4/17) D. Proposed Landscape Plan (dated: 9/6/17) E. Common Driveway Exhibit F. Exhibit Demonstrating Compliance with Setback Requirements for Existing Home EXHIBIT A Shelburne Sub 2 H-2017-0148 PAGE 7 Exhibit A – Vicinity/Zoning Map EXHIBIT A Shelburne Sub 2 H-2017-0148 PAGE 8 Exhibit B – Approved Preliminary Plat (dated: 6/11/15) EXHIBIT A Shelburne Sub 2 H-2017-0148 PAGE 9 Exhibit C – Proposed Final Plat (dated: 11/4/17) EXHIBIT A Shelburne Sub 2 H-2017-0148 PAGE 10 Exhibit D –Proposed Landscape Plan (dated: 9/6/17) EXHIBIT A Shelburne Sub 2 H-2017-0148 PAGE 11 EXHIBIT A Shelburne Sub 2 H-2017-0148 PAGE 12 Exhibit E: Common Driveway Exhibit EXHIBIT A Shelburne Sub 2 H-2017-0148 PAGE 13 Exhibit F: Exhibit Demonstrating Compliance with Setback Requirements for Existing Home From:Ben Semple To:Sonya Allen ; Barbara Shiffer; C.Jay Coles; Charlene Way Cc:Bill Parsons ; Randy Clarno ; Meghan Smith Subject:RE: Shelburne Sub 2 - FP H-2017-0148 Staff Recommendation to Council for 12/5 Mtg Date:Friday, December 01, 2017 12:19:58 PM Sonya, We are in agreement with the conditions of the staff report.Please let me know if you have questions or need anything additional at this time.Thank you. Benjamin S. Semple MAIN 208)376-5153 x106 CELL (208)340-5215 BRECKONlanddesign.com From:Sonya Allen mailto:sallen@meridiancity.org] Sent:Friday,December 1,2017 8:43 AM To:Barbara Shiffer bshiffer@meridiancity.org>;C.Jay Coles cjcoles@meridiancity.org>;Charlene Way cway@meridiancity.org> Cc:Ben Semple bsemple@breckonld.com>;Bill Parsons bparsons@meridiancity.org> Subject:Shelburne Sub 2 FP H-2017-0148 Staff Recommendation to Council for 12/5 Mtg Attached is the staff report for the proposed final plat for Shelburne Subdivision No. 2. This item is scheduled to be on the City Council agenda on December 5th . The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Ben - Please submit a written response to the staff report to the City Clerk’s office cjcoles@meridiancity.org , cway@meridiancity.org, bshiffer@meridiancity.org and myself (e-mail or fax) as soon as possible. Thanks, Sonya Allen | Associate City Planner City of Meridian Community Development Department 33 E.Broadway Ave.,Ste.102,Meridian,Idaho 83642 Phone:208-884-5533|Direct:208-489-0578|Fax:208-489-0578 Built for Business,Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4R PROJECT NUMBER: H-2017-0147 ITEM TITLE: Oaks South Subdivision No. 7 Final Order for Oaks South Subdivision No. 7 (H-2017-0147) by Toll ID I, LLC Located on the South Side of W. McMillan Road, approximately 1/2 mile west of N. Black Cat Road MEETING NOTES 0 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 FOR OAKS SOUTH SUBDIVISION NO. 7 – FP (H-2017-0147) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 5, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF FORTY EIGHT (48) BUILDING LOTS AND FOUR (4) COMMON LOTS ON 19.09 ACRES OF LAND IN THE R-4 ZONING DISTRICT FOR THE OAKS SOUTH SUBDIVISION NO. 7. BY: TOLL ID I, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0147 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on December 5, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING THE OAKS SOUTH SUBDIVISION NO. 7, SITUATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 11/1/2017, by MICHAEL S BYRNS, PLS, SHEET 1 OF 9,” is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKS SOUTH SUBDIVISION NO. 7 – FP (H-2017-0147) Page 2 of 3 approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated December 5, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Kristi Watkins, J-U-B Engineers, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 1J eC'! ,/ Gell' 2017. O�QORp,TED A(/c�`sT G � 2 � o E�'IDIANi,V- -4 �OAHO Attest: SEAL C.JV Coles City Clerk By: � Tammy de -v- d Mayor, City -0/f Meridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: DbAh rd WCW' ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKS SOUTH SUBDIVISION NO. 7 — FP (H-2017-0147) Page 3 of 3 Exhibit A Oaks South Subdivision No. 7 - FP H-2017-0147 PAGE 2 V. STAFF ANALYSIS The proposed final plat depicts 48 single-family residential building lots for detached homes and 4 common lots on 19.09 acres of land in the R-4 zoning district. The average lot size for this phase is 11,114 square feet (s.f.) with a minimum lot size of 8,323 s.f. The gross density for this phase is 2.72 dwelling units per acre with a net density of 3.92 dwelling units per acre. The proposed common open space for this phase consists of pedestrian pathways, a multi-use pathway along the Five Mile Creek and parkways along interior local streets. The common open space proposed is approximately 4.3 acres and is consistent with that approved with the overall Oaks South development. Site amenities proposed in this phase consist of a segment of the City’s multi-use pathway system and internal pathways. Staff has reviewed the proposed final plat for substantial compliance with the approved revised preliminary plat (PP-13-013). Because the number of building lots and the amount of qualified open space proposed on the final plat are the same as approved with the preliminary plat, staff deems the final plat to be in substantial compliance as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all terms of the approved Oaks South annexation (AZ-13-008); preliminary plat (PP-13-013) and recorded development agreement (DA #114030972). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Engineer’s signature on a previous final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by J-U-B Engineers, Inc., stamped on 11/1/17, by Michael S. Byrns, shall be revised as follows: Notes: a. Note #5: Include recorded Instrument number. b. Note #10: Include recorded Instrument number. c. Note #13: Include all Lot and Block Numbers. Easement Notes: d. Note #5: Include all Lot and Block Numbers. e. Note #6: Include recorded Instrument number. f. Note #7: Include recorded Instrument number. 5. The landscape plan prepared by Jensen Belts Associates, dated 10/31/17, shall be revised as follow: a) The applicant shall install the required trees on Lot 7, Block 18. 6. Submit a public use easement to the Planning Division for the multi-use pathway prior to the City’s Engineer signature on the final plat. Exhibit A Oaks South Subdivision No. 7 - FP H-2017-0147 PAGE 3 7. All fencing installed on the site shall comply with UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 9. Prior to the issuance of any building permit, the property shall be subdivided in accordance with the UDC. 10. The applicant shall comply with the submitted home elevations approved with the preliminary plat. 11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 12. A street light plan will need to be submitted for review with the Civil Plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 13. The following water condition from the previously approved Phase 5 must be completed for this phase to be serviceable: As proposed, this development will not deliver adequate fire protection. The project must be reconfigured and/or a 12-inch water main must be built off-site on McMillan, to the next north-south roadway connection to the west, and then down to Quintale to provide a loop. A 12-inch water main must be extended from the intersection of Quintale and Mallard, to McDermott Rd to allow access to new Well 29 piping. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement Exhibit A Oaks South Subdivision No. 7 - FP H-2017-0147 PAGE 4 with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. 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. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 Exhibit A Oaks South Subdivision No. 7 - FP H-2017-0147 PAGE 5 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 signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at (208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. 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 development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. EXHIIBITS A. Vicinity/Zoning Map B. Approved Preliminary Plat (PP-13-013) (dated: 8/6/13, revised 10/4/13) C. Proposed Final Plat (stamped/dated: 11/1/2017) D. Proposed Landscape Plan (dated: 10/31/2017) Exhibit A Oaks South Subdivision No. 7 - FP H-2017-0147 PAGE 6 Exhibit A – Vicinity/Zoning Map Exhibit A Oaks South Subdivision No. 7 - FP H-2017-0147 PAGE 7 Exhibit B – Approved Preliminary Plat (PP-13-013) (dated: 8/6/13, revised 10/4/13) Exhibit A Oaks South Subdivision No. 7 - FP H-2017-0147 PAGE 8 Exhibit C – Proposed Final Plat (dated: 11/1/2017) Exhibit A Oaks South Subdivision No. 7 - FP H-2017-0147 PAGE 9 Exhibit D –Proposed Landscape Plan (dated: 10/31/2017) Exhibit A Oaks South Subdivision No. 7 - FP H-2017-0147 PAGE 10 1 Charlene Way From:Joshua Beach Sent:Thursday, November 30, 2017 8:32 AM To:Kristi Watkins (kwatkins@jub.com); Barbara Shiffer; Bill Parsons; C.Jay Coles; Charlene Way Subject:Oaks No. 7 Attachments:Oaks South No. 7 - FP H-2017-0146.pdf Kristi - Please submit a written response to the staff report to the City Clerk’s office cjcoles@meridiancity.org , mhill@meridiancity.org ) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Josh Beach | Associate City Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0576 Built for Business, Designed for Living www.opportunitymeridian.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4S PROJECT NUMBER: H-2017-0146 ITEM TITLE: Oaks South Subdivision No. 8 Final Order for Oaks South Subdivision No. 8 (H-2017-0146) by Toll ID I, LLC Located on the South Side of W. McMillan Road, approximately 1/2 mile west of N. Black Cat Road 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKS SOUTH SUBDIVISION NO. 8 – FP (H-2017-0146) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 5, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF THIRTY (30) BUILDING LOTS AND FOUR (4) COMMON LOTS ON 7.78 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR THE OAKS SOUTH SUBDIVISION NO. 8. BY: TOLL ID I, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0146 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on December 5, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING THE OAKS SOUTH SUBDIVISION NO. 8, SITUATED IN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: 11/1/2017, by MICHAEL S BYRNS, PLS, SHEET 1 OF 8,” is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKS SOUTH SUBDIVISION NO. 8 – FP (H-2017-0146) Page 2 of 3 conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated December 5, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Kristi Watkins, J-U-B Engineers, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. Im By action of the City Council at its regular meeting held on the day of 2017. �GO�Q�RATED q�cGS' r By: Tammy de erd m E IDIAN. Mayor, Crr of Meridian Attest:SEL G F�o'he TREASv��,P�v C. y Cole City Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: o.,(' K&A l � �n 11 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKS SOUTH SUBDIVISION NO. 8 — FP (H-2017-0146) Page 3 of 3 Exhibit A Oaks South Subdivision No. 8 - FP H-2017-0146 PAGE 1 STAFF REPORT MEETING DATE: December 5, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Oaks South Subdivision No. 8 – FP (H-2017-0146) I. APPLICATION SUMMARY The applicant has applied for final plat (FP) approval to develop 30 single-family residential building lots and 4 common lots on 7.78 acres of land in the R-8 zoning district. II. STAFF RECOMMENDATION/DECISION Staff recommends approval of the Oaks South Subdivision No. 7 final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0146 as presented in the staff report for the hearing date of December 5, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0146, as presented during the hearing on December 5, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0146 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: (Parcel #: S0433212510) The site is located on the south side of W. McMillan Road, approximately ½ mile west of N. Black Cat Road in the NW ¼ of Section 33, Township 4N, Range 1W. B. Applicant/Owner: Toll ID I, LLC 3103 W. Sheryl Drive, Ste. 100 Meridian, Idaho 83642 C. Representative: Kristi Watkins, JUB Engineers, Inc. 250 S. Beechwood Ave., Ste. 201 Boise, Idaho 83709 Exhibit A Oaks South Subdivision No. 8 - FP H-2017-0146 PAGE 2 V. STAFF ANALYSIS The proposed final plat depicts 30 single-family residential building lots for detached homes and 4 common lots on 7.78 acres of land in the R-8 zoning district. The average lot size for this phase is 7,146 square feet (s.f.) with a minimum lot size of 6,550 s.f. The gross density for this phase is 4.37 dwelling units per acre with a net density of 6.09 dwelling units per acre. The proposed common open space for this phase consists of the landscape buffer along W. McMillan Road and parkways along interior local streets. The common open space proposed is approximately .86 acres and is consistent with that approved with the overall Oaks South development. Staff has reviewed the proposed final plat for substantial compliance with the approved revised preliminary plat (PP-13-013). Because the number of building lots and the amount of qualified open space proposed on the final plat are the same as approved with the preliminary plat, staff deems the final plat to be in substantial compliance as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all terms of the approved Oaks South annexation (AZ-13-008); preliminary plat (PP-13-013) and recorded development agreement (DA #114030972). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Engineer’s signature on a previous final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by J-U-B Engineers, Inc., stamped on 11/1/17, by Michael S. Byrns, shall be revised as follows: Notes: a. Note #10: Include recorded Instrument number. Easement Notes: b. Note #4: Include recorded Instrument number. c. Note #6: Include recorded Instrument number. 5. The landscape plan prepared by Jensen Belts Associates, dated 10/23/17, is approved as submitted. 6. All fencing installed on the site shall comply with UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 8. Prior to the issuance of any building permit, the property shall be subdivided in accordance with the UDC. 9. The applicant shall comply with the submitted home elevations approved with the preliminary plat. 10. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. Exhibit A Oaks South Subdivision No. 8 - FP H-2017-0146 PAGE 3 11. A street light plan will need to be submitted for review with the Civil Plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 12. Applicant shall be required to install a 12-inch diameter water main in McMillan Road along the frontage of this proposed development. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. Exhibit A Oaks South Subdivision No. 8 - FP H-2017-0146 PAGE 4 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. 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. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 signature of the final plat by the City Engineer. Exhibit A Oaks South Subdivision No. 8 - FP H-2017-0146 PAGE 5 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at (208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. 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 development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. EXHIIBITS A. Vicinity/Zoning Map B. Approved Preliminary Plat (PP-13-013) (dated: 8/6/13, revised 10/4/13) C. Proposed Final Plat (stamped/dated: 11/1/2017) D. Proposed Landscape Plan (dated: 10/23/2017) Exhibit A Oaks South Subdivision No. 8 - FP H-2017-0146 PAGE 6 Exhibit A – Vicinity/Zoning Map Exhibit A Oaks South Subdivision No. 8 - FP H-2017-0146 PAGE 7 Exhibit B – Approved Preliminary Plat (PP-13-013) (dated: 8/6/13, revised 10/4/13) Exhibit A Oaks South Subdivision No. 8 - FP H-2017-0146 PAGE 8 Exhibit C – Proposed Final Plat (dated: 11/1/2017) Exhibit A Oaks South Subdivision No. 8 - FP H-2017-0146 PAGE 9 Exhibit D –Proposed Landscape Plan (dated: 10/23/2017) 1 Charlene Way From:Joshua Beach Sent:Thursday, November 30, 2017 8:33 AM To:Kristi Watkins (kwatkins@jub.com); Barbara Shiffer; Bill Parsons; C.Jay Coles; Charlene Way Subject:Oaks No. 8 Attachments:Oaks South No. 8 - FP H-2017-0146.pdf Kristi - Please submit a written response to the staff report to the City Clerk’s office cjcoles@meridiancity.org , mhill@meridiancity.org ) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Josh Beach | Associate City Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0576 Built for Business, Designed for Living www.opportunitymeridian.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4T PROJECT NUMBER: H-2017-0131 ITEM TITLE: Rockbury Subdivision Final Order for Rockbury Subdivision (H-2017-0131) by Rock Harbor Church, Inc. located at 6437 N. Tree Haven Way MEETING NOTES 0 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 FOR ROCKBURY SUBDIVISION– FP (H-2017-0131) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 5, 2017 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF ONE (1) COMMERCIAL BUILDING LOT, ONE (1) RESIDENTIAL BUILDING LOT AND THREE (3) COMMON LOTS ON 23.59 ACRES OF LAND IN THE R-15 AND C-N ZONING DISTRICTS FOR ROCKBURY SUBDIVISION. BY: ROCK HARBOR CHURCH, INC. APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2017-0131 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on December 5, 2017 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING ROCKBURY SUBDIVISION, SITUATED IN THE SOUTHEAST QUARTER OF AND THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2017, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROCKBURY SUBDIVISION– FP (H-2017-0131) Page 2 of 3 HANDWRITTEN DATE: 1/29/2017, by MICHAEL S. BYRNS, PLS, SHEET 1 OF 6,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated December 5, 2017, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the [)C'C-e ` 60Y' , 2017. Attest: C.J4y Coles City Clerk �oep,TE0AJj0 &'T ' Ckv- or CSI E IDIA c OgHO SEAL / By. Tammy d� Mayor, C=e rtdian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: kQu 0 mb-a 12-,2.o 1 �2 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROCKBURY SUBDIVISION- FP (H-2017-0131) Page 3 of 3 EXHIBIT A Rockbury Subdivision - FP H-2017-0131 PAGE 1 STAFF REPORT MEETING DATE: December 5, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Rockbury Sub- FP (H-2017-0131) I. APPLICATION SUMMARY The applicant, Rock Harbor Church, Inc., has applied for final plat (FP) approval of (1) commercial building lot, one (1) residential building lot, and (3) common area lots on 23.59 acres of land in the R- 15 and C-N zoning districts for Rockbury Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Rockbury Subdivision final plat based on the analysis provided below in Section V and conditions of approval in sections VII and VIII. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0131 as presented in the staff report for the hearing date of December 5, 2017, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0131, as presented during the hearing on December 5, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0131 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 6437 N. Tree Haven Way, in the SW ¼ of Section 22, Township 4N., Range 1W. B. Applicant/Owner: Rock Harbor Church, Inc. 1608 N. Meridian Road, Suite 125 Meridian, Idaho 83642 C. Representative: Scott Wonders, JUB Engineers 250 S. Beechwood Ave, #201 Boise, ID 83709 EXHIBIT A Rockbury Subdivision - FP H-2017-0131 PAGE 2 V. STAFF ANALYSIS The proposed final plat depicts 1 commercial building lot, 1 residential building lot and 3 common area lots on 23.59 acres of land in the R-15 and C-N zoning districts. All of the lots proposed must comply with the dimensional standards of the R-15 and C-N zoning districts listed in UDC Table 11- 2A-7 and 11-2B-3. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat. City Council approved a variance for this project to allow for a right-in, right-out access to Chinden Blvd. That approval was contingent on the approval of both ITD and ACHD. Initially, ITD granted a verbal approval of the access. In further discussion with ITD, the applicant was required to update a traffic study for the access and has shown some reluctance to now grant the approval. Additionally, ACHD’s approval of the overall development was contingent on that access being granted. Staff is comfortable moving the project forward with an added condition that the final plat approval is contingent on approval by both ITD and ACHD. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation and preliminary plat (H-2017-0018 and DA #2017-089735). 2. Include a note on the final plat the expressly prohibits direct lot access to Chinden Boulevard and N. Tree Farm Way unless approved by ACHD, City of Meridian and ITD. 3. In accord with UDC 11-3A-3 and 11-3H-4, direct lot access to N. Tree Farm Way and W. Chinden Blvd/U.S. Hwy 20-26, is prohibited unless specifically allowed by Ada County Highway District, the City of Meridian and the Idaho Transportation Department. If the variance is approved, the applicant and the adjacent property owner to the west shall record a reciprocal cross access agreement for the shared access. The recorded cross access agreement shall be submitted with a final plat application or with the certificate of zoning compliance application for the development of the church property (Lot 2, Block 1), whichever is submitted first. 4. The applicant shall obtain the City Engineer’s signature on the final plat by June 7, 2019 or, apply for a time extension in accord with UDC 11-6B-7. 5. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 6. The final plat prepared by JUB Engineers, Inc., stamped and dated on 10/03/2017 by Michael S. Byrns PLS, shall be revised as follows: a) A common lot is required along the north boundary of Lot 4, Block 1. b) Add a note the responsible party for the maintenance of the common lots 7. The landscape plan prepared by TO Engineers, dated 07/18/2017, shall be revised as follows: a. Construct a 35 -foot wide landscape buffer adjacent to Chinden Boulevard as proposed. If the unimproved street right-of-way along W. Chinden Boulevard is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority’s five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. The applicant shall enter into a EXHIBIT A Rockbury Subdivision - FP H-2017-0131 PAGE 3 license agreement for the landscape improvements within the ROW. Construct fencing as proposed. The developer is responsible for the construction of the fencing. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. b. The existing landscape buffer along the west N. Tree Farm Way and Common Lot 2, Block 1 must remain protected during construction on the site. The 10-foot multi-use pathway required on Lot 1, Block 1 shall be constructed in conjunction with the certificate of zoning compliance for Rock Harbor Church. c. Prior to City Engineer signature on the final plat, the applicant shall record a public access easement for the multi-use pathway on Lots 1 and 2, Block 1. d. Construct a 20-foot wide landscape buffer along the north side of Lot 4, Block 1, in accord with UDC 11-3B-7C. e. The applicant shall plat a common lot along the north side of Lot 4, Block 1. f. Construct a 20-foot wide landscape buffer along the north side of Lot 4, Block 1, in accord with UDC 11-3B-7C. 8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 9. Comply with the stormwater integration standards listed in UDC 11-3B-11C. 10. The applicant shall obtain a certificate of zoning compliance and administrative design review prior to commencing construction of the church on Lot 2, Block 1. 11. All existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 12. The existing tenants and businesses shall vacate the premises by December 31, 2017. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is to be provided by Suez Water Idaho. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior EXHIBIT A Rockbury Subdivision - FP H-2017-0131 PAGE 4 to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item fin al cost invoicing 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. 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 structural footings are at least 1-foot above. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. EXHIBIT A Rockbury Subdivision - FP H-2017-0131 PAGE 5 19. 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 signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at (208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. 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 development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 02/14/17) C. Proposed Final Plat (dated: 10/03/17) D. Proposed Landscape Plan (dated: 09/15/17) EXHIBIT A Rockbury Subdivision - FP H-2017-0131 PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Rockbury Subdivision - FP H-2017-0131 PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 02/14/17) EXHIBIT A Rockbury Subdivision - FP H-2017-0131 PAGE 8 Exhibit C – Proposed Final Plat (dated: 10/3/17) EXHIBIT A Rockbury Subdivision - FP H-2017-0131 PAGE 9 Exhibit D –Proposed Landscape Plan (dated: 09/15/17) Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4U PROJECT NUMBER: H-2017-0129 ITEM TITLE: East Ridge Estates Subdivision Findings of Fact, Conclusions of Law for East Ridge Estates Subdivision (H-2017-0129) by DevCo, LLC located north of E. Lake Hazel Road, west of S. Eagle Road MEETING NOTES F11, 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0129 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and zoning of 40.99 acres of land to the R-4 and R-15 zoning district; and a Preliminary Plat consisting of one hundred thirty nine (139) residential building lots and seven (7) common lots on 40.99 Acres of Land in the R-4 and R-15 Zoning Districts for East Ridge Estates Subdivision, by DevCo, LLC Case No(s). H-2017-0129 For the City Council Hearing Date of: November 28, 2017 (Findings on December 12, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 28, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 28, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 28, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 28, 2017, 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. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0129 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 28, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s requests for annexation and zoning and preliminary plat are hereby approved per the conditions of approval in the Staff Report for the hearing date of November 28, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0129 - 3 - A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. 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 November 28, 2017 By action of the City Council at its regular meeting held on the )d, day of 2017. COUNCIL PRESIDENT KEITH BIRD VOTED Y6� COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED * COUNCIL MEMBER LUKE CAVENER VOTED Y COUNCIL MEMBER GENESIS MILAM VOTED a MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: C. Tdy Co City Clerk of w E,vf)m *- ---D- a r Tam de Weerd Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Lfla& uDated: CW W10V 6 G dlJ ! City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0129-4-�CQ- l�iclp� �S kid eS Exhibit A 1 | P a g e East Ridge Estates Subdivision – H-2017-0129 STAFF REPORT Hearing Date: November 28, 2017 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: East Ridge Estates Subdivision – H-2017-0129 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, DevCo, LLC, has submitted an application for annexation and zoning (AZ) of 40.99 acres of land with both R-4 (Acreage) and R-15 (acreage) zoning districts; and a preliminary plat (PP) consisting of 139 building lots and 7 common lots on 40.99 acres of land for East Ridge Estates Subdivision. NOTE: The project was remanded back to the Commission with the caveat that the project comply with the R-4 standards. As noted above, the proposed plan contemplates an R-15 zoning district so the applicant can develop an age restricted community. The applicant held several meetings with the adjacent residents to disclose the changes to the proposed plan. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP 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 October 19, 2017. At the public hearing on October 19, 2017, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Jim Conger (Applicant), Kathi Baumgartner, ii. In opposition: Susan Karnes, Jim Stroo, Christine Herwy, Annette Alonso, Commenting: Susan Karnes, Jim Stroo, Christine Herwy, Annette Alonso, Kathi Baumgartner, iii. Written testimony: Susan Karnes, Susan and Ted Bohlman, Melody Wheeler, Meridian South Rim Coalition, Jim Stroo, Kathi Baumgartner iv. Staff presenting application: Josh Beach v. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Additional traffic through the existing Black Rock Subdivision and out to Eagle on Taconic; ii. Density of the overall development; iii. Feasibility of having age-restricted housing in this location; iv. Proposal to use City water for irrigation purposes due to the lack of water rights for the land; v. Council (in a previous hearing) asked the applicant to come back with an R-4 project, this is not an all R-4 project; vi. Size of the proposed lots up against the large Black Rock lots; Exhibit A 2 | P a g e East Ridge Estates Subdivision – H-2017-0129 vii. Appropriateness of placing the slope in an easement rather than in a common lot, and what the “natural vegetation”; c. Key Issues of Discussion by Commission: i. The average size of the lots that would be adjacent to Black Rock lots; ii. Open space and proximity to the proposed city park; iii. The transition from the surrounding neighborhoods and the transition from the proposed age-restricted lots; d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. Remove condition 1.1.1e. ii. Remove condition 1.1.2k. The Meridian City Council heard this item on November 28, 2017. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: i. In favor: Jim Conger, Kathy Baumgartner, Earl Brace, ii. In opposition: Sherry Ewing, Dave Blomberg, Joy Blomberg, Andrea Tlucek, Laddie Tlucek, Joe Reger, Ann Shelton, Ben Shelton, Susan Karnes, Christine Herwy, Tim Foster, Jen Foster, Susanna Bohlman, Ted Bohlman, Doug Wheeler, Gary Andrew, Mary Affleck, Brian Affleck, Andrew Allen, Don Cantrell, Jim Stroo, Cameron Keller, Charles Byerly, Marilee Andrew, Pat Looney, Debbie Brain, Bob Brain, Mike Wageman, Loni Wageman, Rick Thurber, Melody Wheeler, Dawn Murphy, Joe Baldwin, Lori Koga, Amy Anderson, Bonnie Carter, Gary Van Akron, Serge Kasurbin, iii. Commenting: Sherry Ewing, Kathy Baumgartner, Laddie Tlucek, Joe Reger, Ann Shelton, Susan Karnes, Christine Herwy, Tim Foster, Jen Foster, Doug Wheeler, Mary Affleck, Andrew Allen, Don Cantrell, Jim Stroo, Charles Byerly, Marilee Andrew, Debbie Brain, Bob Brain, Loni Wageman, Rick Thurber, Melody Wheeler, Dawn Murphy, David Koga, Lori Koga, Gary Van Akron, Serge Kasurbin, iv. Written testimony: Andrea Tlucek, Doug Wheeler, Jim and Christine Herwy, Laddie Tlucek, Melody Wheeler, Amy Anderson, Annette Alonso, Bob and Debbie Brain, Chris and Marci Rood, David Blomberg, Dawn Murphy, Jake and Amy Anderson, Joe Baldwin, Lani Wageman, Pat and Cliff Looney, Ray Patel, Richard Thurber, Susan Karnes, v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Kyle Radek, Caleb Hood b. Key issue(s) of Public Testimony: i. Concerns about the density of the age restricted portion. ii. Concerns that the concerns from Blackrock neighborhood were ignored by the developer. iii. Concerns about how the Blackrock neighborhood will be impacted by additional traffic from the proposed homes. iv. Concerns about why the lots cannot be at least one acre in size. v. Concerns about construction traffic through Blackrock. vi. Concerns that the large lots within the subdivision will need to use city treated water to irrigate and concerns over the cost of that water. vii. Concerns over who will be allowed to live in the age restricted portion of the property. viii. Request to have a direct connection to the recently approved Sky Mesa in addition to the connection to the stub street from Black Rock. Exhibit A 3 | P a g e East Ridge Estates Subdivision – H-2017-0129 ix. Appropriateness of the proposed zoning designations for the property. c. Key Issues of Discussion by Council: x. Who is going to be able to live in the age restricted portion of the site. xi. The appropriateness of having a majority of the lots use city treated water for irrigation. xii. The possibility of connecting a street to the Sky Mesa Subdivision. xiii. Why there are no sidewalks proposed for the age restricted portion of the project. xiv. If directed to come back with an R-4 project, why now are we coming back with something different than that? di. 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-2017-0129, as presented in the staff report for the hearing date of October 19, 2017, 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-2017-0129, as presented during the hearing on October 19, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0129 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 north of E. Lake Hazel Road, west of S. Eagle Road, in the southeast ¼ of Section 32, Township 3N., Range 1E. B. Owners: Brace Family Revocable Trust 1504 S. Newport Street Boise, ID 83709 C. Applicant: DevCo, LLC 4824 W. Fairview Ave. Boise, ID 83709 D. Representative: Conger Management Group 4824 W. Fairview Boise, ID 83709 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. Exhibit A 4 | P a g e East Ridge Estates Subdivision – H-2017-0129 B. Newspaper notification published on: September 29, 2017 (Commission); November10, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: September 25, 2017 (Commission); November 3, 2017 (Council) D. Applicant posted notice on site(s) on: October 9, 2017 (Commission); November 17, 2017 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of agricultural property zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential properties in Black Rock Subdivision, zoned R-4; Undeveloped residential property zoned RUT in Ada County. 2. East: One single-family residential property and undeveloped property, both zoned RUT in Ada County. 3. South: E. Lake Hazel Road, and undeveloped property zoned RUT in Ada County. 4. West: One single-family residential properties and undeveloped property, both zoned RUT. C. History of Previous Actions: In March of 2017, this application was remanded back to the Planning and Zoning Commission in order for the applicant to work with the surrounding property owners. The previous plan included 117 single family lots on 40.99 acres in the proposed R-8 zoning district with a gross density of 2.85 dwelling units per acre. D. Utilities: 1. Location of sewer: Sewer is available to this property under the temporary arraignment that was made for the Southern Highlands and Whitebark Subdivisions. The South Branch of the Ten Mile Sewer Trunk is currently under construction, and once complete the temporary nature of the receiving sewer will be eliminated. There are no capacity issues with the downstream sewer as a result of this development. 2. Location of water: Water is available from the stub street from the north, but public works requires a looped water system that would require the project to have access to water in E. Lake Hazel Road. No phases of the development can be served with water service until it can be connected to the future 12-inch water main in Lake Hazel Road that will connect to the existing water main in Eagle Road. The Lake Hazel water main project is scheduled for construction by the City in 2018 3. Issues or concerns: Applicant shall be required to loop the proposed water system to the existing water mains adjacent to the proposed development. E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation lateral along the east side of the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA Exhibit A 5 | P a g e East Ridge Estates Subdivision – H-2017-0129 VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Medium Density Residential” and “Low Density Residential” on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre. Low density residential areas are anticipated to contain up to three dwellings per acre. The proposed preliminary plat includes 139 single-family lots on 40.99 acres for a total gross density of 3.39 dwelling units/acre which is consistent with the MDR land use designation. The gross density of the R-4 portion of the project is 1.76 dwelling units per acre, and the density for the R-15 portion is 5.55 dwelling units per acre. Because the property has both land use designations, staff finds that the density is consistent with the comprehensive plan. NOTE: Staff is currently processing a Comprehensive Plan Text Amendment (CPAT) (NOT APPROVED) that addresses development along the south rim, however since this application was submitted prior to that application, the proposed CPAT changes don’t impact this development. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (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 single-family attached and detached dwellings will contribute to the variety of housing types available within the City. The applicant has indicated that the homes with the R-15 zoned area will be age restricted.  “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) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21.  “Require common area in all subdivisions.” (3.07.02F) The proposed plat depicts a total of 4.32 acres (or 10.54%) of qualified open space in accord with the requirements listed in UDC11-3G-3. The R-15 portion of the project and the R-4 portion of the project have separate amenities and each meets the open space and amenities requirements separately.  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts a connection to an existing stub street from the north through the Blackrock Subdivision. The applicant is proposing to provide one stub street to the north (NEC). With the previous plat, staff was recommending the extension of two public streets. Now that one stub street is proposed, the applicant needs to provide an exhibit to staff on how the adjacent properties could develop with a single stub street.  “Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development.” (3.07.02I) The subject property is adjacent to existing low density homes and similar lot sizes to the north in Blackrock Subdivision. The overall density for the project falls within the parameters of the MDR land use designation and the surrounding residential developments. Exhibit A 6 | P a g e East Ridge Estates Subdivision – H-2017-0129  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) The applicant is proposing 5-foot detached sidewalks that will connect to existing sidewalks to the north.  “Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads.” (3.03.02N) The submitted plat depicts one access point to E. Lake Hazel Road as well as connecting to one (1) existing stub streets (E. Cyanite Drive). Gated, private streets are proposed to provide access to the age restricted portion of the development.  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Street buffer landscaping is required adjacent to E. Lake Hazel Road in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7 respectively.  “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report.  “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) Staff is requiring the applicant to install the frontage improvements along frontage of E. Lake Hazel Road with the first phase phase. The surrounding area is not currently developed, however the Parks Department has plans to construct a park near the SWC of this property, with plans to commence construction in May of 2018. Staff feels that the sidewalk and landscape buffer should be installed to provide greater pedestrian access to the park facilities. For the above stated reasons, staff finds the proposed project is consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 and 11-2A-7 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 and R- 15 zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-family attached and detached dwellings is a principal permitted use in both the R-4 and R-15 zoning districts. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-8 zoning district and 11-2A-7 for the R-15 zoning district. D. Landscaping:  Street buffer landscaping shall be installed in accordance with the standards listed in UDC Exhibit A 7 | P a g e East Ridge Estates Subdivision – H-2017-0129 Tables 11-2A-6 and UDC 11-3B-7C for the R-8 zoning district.  Per UDC 11-3G-3, the plat is required to provide 10 percent open space and one amenity for every 20 acres of development area. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 40.99 acres of land with R-4 and R-15 zoning districts. As discussed above in Section VII, staff believes the proposed zoning designations are consistent with the policies in the Comprehensive Plan. The applicant proposes to develop 139 new single-family residential detached homes on 40.99 acres of land as shown on the preliminary plat included in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. 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. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. 2. Preliminary Plat Previous Plat: The previous plat consisted of 117 building lots and 14 common lots on 40.99 acres of land in a proposed R-8 zoning district. The property was proposed to develop in 5 phases. The gross density for the subdivision was 2.85 d.u./acre. The lots ranged in size from 6,600 square feet to over 12,500 square feet, with an average lot size of 9,475 square feet. Current Plat: The proposed plat consists of 139 building lots and 7 common lots on 40.99 acres of land in a proposed R-4 and R-15 zoning districts (see Exhibit A.2). The property is proposed to develop in 3 phases, (see Exhibit A.2). The gross density for the subdivision is 3.39 d.u./acre. The lots range in size from 5,313 square feet to over 12,500 square feet, with an average lot size of 36,726 square feet. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district and 11-2A-7 for the R-15 district. Staff has reviewed the proposed plat and found it to be in compliance with those standards. Lot 2 of Block 1 does not meet the 30 feet of frontage required for lots in the R-4 zoning district. The applicant shall revise the plat to show compliance with UDC 11-2A-5. In reviewing the age restricted/R-15 zoned portion of the plat, staff has concerns on how those units will be located on the lots and we request that the applicant provide an exhibit that demonstrates compliance with the R-15 setbacks. Exhibit A 8 | P a g e East Ridge Estates Subdivision – H-2017-0129 Phasing Plan: The applicant is proposing to develop the East Ridge Estates Subdivision in three (3) phases. Phase 1 is to commence off the stub street from E. Cyanite Drive and generally continue from the north to the south. In general staff is supportive of the proposed phasing plan. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Access: Access is proposed for this site via one access from E. Lake Hazel Road and via the extension of an existing stub street from Blackrock Subdivision (E. Cyanite Drive). Streets: The applicant is proposing a mixture of public and private roads throughout the development. The public roads are a 33 foot road section with rolled curbs and the private street sections are 25 feet with vertical curb and gutter. A total of 50-feet of right-of-way is proposed to be dedicated to ACHD from the centerline of E. Lake Hazel Road abutting the site and the pavement is required to be widened to 17 feet from centerline where it doesn’t currently exist in addition to a 3-foot wide gravel shoulder abutting the site. The applicant is proposing a single public stub street at the west boundary. As mentioned above, the applicant is requested to submit an exhibit showing how the properties would develop with the single stub street. Common Driveways: Common driveways are proposed throughout the development for access to each unit and are required to be constructed in accord with the standards listed in UDC 11-6C- 3D. The plat should be revised to include a common lot or easement on the building lots for each of the common driveways. The UDC (11-6C-3E.7) requires any plats using a common driveway to depict the setbacks, building envelope, and orientation of the lots and structure that are accessed via a common driveway on the preliminary plat and/or as an exhibit with the final plat application. The applicant has submitted an exhibit for the Village portion of the development that depict the aforementioned items; how ever, the rear setback on the Village units is depicted at 3 feet and should be a minimum of 12 feet per UDC Table 11-2A-7. Five (5) of the common driveways exceed the maximum length of a common driveway as set forth in UDC 11-6C-3. The Fire department will not approve any length over 150 feet. The applicant should revise the plat to comply with the Common driveway standards set forth in UDC 11-6C-3D. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment, for the common driveways. Streets: The majority of the proposed streets depicted on the plat are public, with the exception of the streets through what the applicant is calling “The Village,” an age-restricted community.” These cottages will feature private streets with multiple common driveways. With 98 residential home lots in The Village Cottages, the applicant has provided two gated entries for the residents, the main entrance off of the primary subdivision road and a secondary on the north side with quick access to the existing E. Cyanite Drive stub. The privates streets will be owned and operated by The Village Home Owners Association with repairs and maintenance paid for by association fees. Gates: The applicant is proposing to install two (2) gates to restrict vehicular movement to the private street to those who live within that area of the development. UDC 11-3F-4 allows gates to be installed, subject to the following standards: Exhibit A 9 | P a g e East Ridge Estates Subdivision – H-2017-0129 a. The proposed development shall be for residential uses. b. The proposed development shall have no more than fifty (50) dwelling units. c. The proposed development shall not restrict pedestrian and bicycle access along the private street. The proposed development shall provide unrestricted access to pedestrians and bicycles at a minimum of two (2) additional points within the proposed development. d. The proposed development shall not restrict access to existing or planned multiuse pathways as shown in chapter 3 of the Meridian pathways master plan. e. The applicant shall provide access to the gate for emergency vehicles as determined and approved by the Meridian fire department and public works department. f. To allow sufficient stacking distance, the gate shall be located a minimum of fifty feet (50') back from the ultimate edge of right of way to the connecting public street. The applicant is requesting alternative compliance to allow for a common driveway off of a private street, and also to remove the requirement that two additional pedestrian/bicycle access points be included on a private street . As noted in (C) above, code allows for up to fifty (50) dwelling units in a gated community and staff has interpreted this to allow for fifty (50 ) dwelling units per gate. The applicant has proposed two (2) gates for the community, so will be limited to (100) dwelling units in the gated portion of the project. The applicant’s request to have a common driveway off of a private street is approved by the Director. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC 11-3C-6. Parking is prohibited on all private streets in the development. Per ACHD and the Fire Department, signage should be installed accordingly. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A 25-foot wide street buffer is required along E. Lake Hazel Road, an arterial street, per UDC Table 11-2A-6 and is required to be landscaped in accord with the standards listed in UDC 11- 3B-7C. The buffer width along E. Lake Hazel Road should be measured from the back of curb per UDC 11-3B-7C.1a (2); or, the ultimate curb location as determined by ACHD if future road widening is anticipated; revise plans accordingly. Landscaping within the common areas is required in accord with the standards listed in UDC 11- 3G-3E. Tree Mitigation: If there are existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. The applicant shall submit a tree mitigation plan with the final plat application. Parkways: Eight-foot wide parkways are proposed in all areas where detached sidewalks are proposed in accord with the standards listed in UDC 11-3A-17E. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (40.99 acres), a minimum of 4.09 acres of qualified open space is required to be provided as set forth in UDC 11-3A-3B. A total of 4.32 acres (or 10.54%) of qualified open space is proposed consisting of ½ the street buffer along E. Lake Hazel Road, open space that exceeds 50’ X 100’, and 8-foot Exhibit A 10 | P a g e East Ridge Estates Subdivision – H-2017-0129 wide parkways along the local streets. and internal common open space areas which appear to comply with this requirement. As mentioned above, the applicant intends to have separate amenities for the age restricted (R-15) portion of the project. The applicant proposes Lot 14, Block 2 (R-4 portion of the property) as a common lot for the subdivision. Staff recommends that the applicant re-locate the opens space at the intersection of E. More Trail Drive and E. Huntly Drive, to make it more accessible to residents. By relocating the open space in the new location it allows the applicant to provide a pedestrian connection through the age-restricted community through Lots 34-39 as required per the private street standards noted above. The other pedestrian access to Lake Hazel should be provided between Lots 66-69. Prior to the Commission hearing the applicant should revise the landscape plan accordingly Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of the preliminary plat (40.99 acres), staff requires a minimum of 2 qualified site amenities be provided. The applicant proposes to provide amenities specific to the Village Concept and other amenities that would be for the use of the estate lots as well as the Village concept. The amenities specific to the Village concept include a clubhouse, sitting areas and a large common lot. Amenities that would be shared by both the estate lots and the Village concept include a neighborhood park that includes a large grassy area, a shade structure and sitting areas. With the previous version of this project, City Council requested a tot lot for the development. The applicant may want to think about adding a children’s play structure to the proposed common lot. The proposed amenities appear to meet the requirements of the UDC. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. The applicant shall construct fencing as proposed. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct detached sidewalks throughout the development in accord with UDC standards. The applicant shall construct a sidewalk along one side of E. Cyanite Lane in order to provide pedestrian access to the surrounding neighborhood. Pathways: According to the Pathways Master Plan, a multi-use pathway clips the SWC of this property. Parks is currently reviewing the pathways in this area due to the upcoming construction of the South Meridian Regional Park and therefore are not requiring a multi-use pathway at this time. Utilities: Sewer is available to this property under the temporary arraignment that was made for the Southern Highlands and Whitebark Subdivisions. The South Branch of the Ten Mile Sewer Trunk is currently under construction, and once complete the temporary nature of the receiving sewer will be eliminated. There are no capacity issues with the downstream sewer as a result of this development. Water is available from the stub street from the north, but public works requires a looped water system that would require the project to have access to water in E. Lake Hazel Road. No phases of the development can be served with water service until it can be connected to the future 12-inch water main in Lake Hazel Road that will connect to the existing water main in Eagle Road. The Lake Hazel water main project is scheduled for construction by the City in 2018. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Exhibit A 11 | P a g e East Ridge Estates Subdivision – H-2017-0129 Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. The applicant is requesting to use city water for irrigation purposes. The applicant shall provide a letter from the applicable irrigation district stating that the property does not have water rights. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Topography: The existing homes in Blackrock Subdivision to the northwest of this site are located on a ridge approximately 20-40 feet above the proposed subdivision. The applicant shall provide an exhibit showing the elevation change. The applicant should also provide a master grading and drainage plan for the site prior to the Commission hearing. Multiple lots are encumbered by a slope easement due to the topography. The applicant shall provide an exhibit to show the transition between the East Ridge Lots and the existing and future Blackrock and Sky Mesa developments. Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of board and batten, stucco and horizontal lap siding with shake shingle and stone accents. Because homes on lots that back up to E. Lake Hazel Road will be highly visible, staff recommends the rear or sides of structures on lots that face the street incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Design Review (DES): A DES application is required to be submitted prior to issuance of building permits for the single family attached homes. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. In summary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat and phasing plan (dated: 8/30/17) 3. Proposed Landscape Plan (dated: 9/11/17) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Exhibit A 9 | P a g e East Ridge Estates Subdivision – H-2016-0137 A. Drawings 1. Vicinity Map Exhibit A 10 | P a g e East Ridge Estates Subdivision – H-2016-0137 2. Proposed Preliminary Plat (dated: 8/30/17) Exhibit A 11 | P a g e East Ridge Estates Subdivision – H-2016-0137 3. Proposed Landscape Plan (dated; 9/11/17) Exhibit A 12 | P a g e East Ridge Estates Subdivision – H-2016-0137 4. Conceptual Building Elevations Exhibit A 13 | P a g e East Ridge Estates Subdivision – H-2016-0137 Exhibit A 14 | P a g e East Ridge Estates Subdivision – H-2016-0137 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 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. A final plat application shall not be submitted to City until the agreement is executed. 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 City within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Except the public street access to E. Lake Hazel Road from East Ridge Avenue, direct lot access to E. Lake Hazel Road, an arterial street, is prohibited in accord with UDC 11-3A-3. b. Future development of this site shall be generally consistent with the preliminary plat and building elevations depicted in Exhibit A and the revisions noted in the staff report. c. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The rear and/or side of structures that face arterial or collector streets (Lots 2-5 of Block 1, Lots 55, 56, 59, 60, 63, 64, 67, 68, 71 and 72 of Block 2), shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. d. The site shall develop with a minimum of 10.54% open space (4.32 acres) and shall include the following amenities specific to the Village Concept and other amenities that would be for the use of the estate lots as well as the Village concept. The amenities specific to the Village concept include a clubhouse, sitting areas and a large common lot. Amenities that would be shared by both the estate lots and the Village concept include a neighborhood park that includes a large grassy area, a shade structure and sitting areas. e. The applicant shall provide a children’s play structure in the common lot located in the R-4 portion of the project. The proposed amenities appear to meet the requirements of the UDC. f.e. Timing for the construction of the amenities is proposed as shown on the phasing plan in Exhibit A.2. g.f. The 5-foot detached sidewalk and 25 foot landscape buffer along E. Lake Hazel Road shall be constructed with the first phase of development. 1.1.2 The preliminary plat included in Exhibit A.2, dated 8/30/17, shall be revised as follows: a. The applicant shall provide a revised preliminary plat prior to the Planning and Zoning Commission hearing. b. For all common driveways, a perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. c. Prior to the Planning and Zoning Commission, the applicant shall provide an exhibit that shows the setbacks, building envelope, and orientation of the lots and structures on all common lots. Exhibit A 15 | P a g e East Ridge Estates Subdivision – H-2016-0137 d. The applicant shall provide a master grading and drainage plan for the site with the first final plat application. e. The rear setback on the Village units is depicted at 3 feet and should be a minimum of 12 feet per UDC Table 11-2A-7. The applicant shall revise the plans to ensure compliance with the setbacks in the R-15 zoning district. f. Five (5) of the common driveways exceed the maximum length of a common driveway as set forth in UDC 11-6C-3. The applicant shall revise the plat to conform to this standard. g. Off-street parking is required on each residential lot in accord with the standards listed in UDC 11-3C-6. Because of the reduced street sections proposed on the plat, parking is restricted on all private streets in the development. Per ACHD and the Fire Department, signage should be installed accordingly. h. The applicant shall provide an exhibit showing the elevation change from the proposed East Ridge Lots to the properties north and east. i. The applicant shall provide an exhibit to staff on how the adjacent properties to the west could develop with a single stub street. j. The applicant shall construct a sidewalk along one side of E. Cyanite Lane in order to provide pedestrian access to the surrounding neighborhood. k. The applicant proposes Lot 14, Block 2 (R-4 portion of the property) as a common lot for the subdivision. The applicant shall re-locate the opens space at the intersection of E. More Trail Drive and E. Huntly Drive, to make it more accessible to residents. By relocating the open space in the new location it allows the applicant to provide a pedestrian connection through the age-restricted community through Lots 34-39 as required per the private street standards noted above. The other pedestrian access to Lake Hazel shall be provided between Lots 66- 69. Prior to the Commission hearing the applicant shall revise the landscape plan accordingly. l.k. Lot 2, Block 1 shall be revised to meet the minimum lot frontage requirements for lots in the R-4 zoning district as set forth in UDC 11-2A-5. 1.1.3 The landscape plan included in Exhibit A.3, dated 9/11/17, shall be revised as follows: a. The buffer width along E. Lake Hazel Road shall be measured from the back of curb per UDC 11-3B-7C.1a(2); or, the ultimate curb location as determined by ACHD if future road widening is anticipated; revise accordingly. b. If there are any existing trees on the site that are to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site shall be noted on the landscape plan submitted with a final plat application. 1.1.4 Prior to Commission the applicant shall provide a letter from the applicable irrigation district stating that the property does not have water rights or provide a pressurized irrigation system as set forth in UDC 11-3A-15 and 11-3B-6. 1.1.5 The applicant shall comply with all condition of the Ada County Highway District. 1.1.6 Prior to obtaining a building permit for any single-family attached home, the applicant shall receive Administrative Design Review approval. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-5. Exhibit A 16 | P a g e East Ridge Estates Subdivision – H-2016-0137 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 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. 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 the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 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. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 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 applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. Exhibit A 17 | P a g e East Ridge Estates Subdivision – H-2016-0137 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Type I lighting shall be required along the frontage of the development along Meridian Road, and Type II lighting will be required along the internal streets. A street lighting plan will be required with the submittal of development plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 2.1.2 Sewer is available to this property under the temporary arraignment that was made for the Southern Highlands and Whitebark Subdivisions. The South Branch of the Ten Mile Sewer Trunk is currently under construction, and once complete the temporary nature of the receiving sewer will be eliminated. There are no capacity issues with the downstream sewer as a result of this development. 2.1.3 No phases of the development can be served with water service until it can be connected to a future 12 inch water main in Lake Hazel Road that is connected to the existing water main in Eagle Road. The Lake Hazel water main Capital Project is scheduled for construction by the City in 2018. The applicant may undertake the construction of this off-site mainline if they so choose. 2.1.4 Due to the elevation differentials in this development, the applicant shall be required to submit an engineered master grading and drainage plan for approval by the Community Development Department. This plan shall establish, at a minimum; the finish floor elevation of each building lot, the finish grade elevations of the rear lot corners, the drainage patterns away from each building pad, the drainage patterns of the overall blocks, and any special swales or subsurface drainage features necessary to control and maintain storm water drainage. Applicant's engineer shall consult the 2012 International Residential Code when establishing the finish floor elevations and drainage patterns away from the building pads. 2.1.5 With the application for a building permit, each home builder must submit lot grading and finished floor elevation consistent with the approved master grading and drainage plan for the subdivision. If deviations from the approved master grading and drainage plan are proposed, they must be submitted and approved by the Community Development Department prior to the issuance of a building permit. Any such revision proposal shall be accompanied by a written authorization from the Developer to allow a revision to the master lot grading plan. 2.1.6 Applicant has indicated in their narrative that they are seeking a waiver for a pressurized irrigation per MCC 11-3A-15C. The applicant has stated that they currently do not have irrigation water rights on the subject property, but they have made application for water rights from the New York Irrigation District. They state that their application has been accepted and that they have been placed on a waiting list for water rights. Additionally, the applicant has made application for a ground water well form the Idaho Department of Water Resources. If approved this well would only supply water for the irrigation of the subdivision common areas. Due to the impending status of the applicants application to the New York Irrigation District, their Exhibit A 18 | P a g e East Ridge Estates Subdivision – H-2016-0137 application for ground water rights with IDWR, their request for waiver of MCC 11-3A shall be considered pending at this time. Applicant will need to provide written evidence of determinations to demonstrate inadequacy of all sources of water for irrigation to the City Engineer, before the waiver can be granted under MCC 11-3A-15C. The city’s domestic water system shall be the last option for providing irrigation water to the proposed subdivision. 2.1.7 Any well constructed in conjunction with this development must comply with Idaho Well Construction Standards Rules and other rules administered by the Idaho Department of Water Resources (IDWR). More specifically, well construction must comply with IDWR Preliminary Order of 9/30/16 In the Matter of the Proposed Creation of a West Ada Area of Drilling Concern. Any well constructed in conjunction with this development that does not comply with these rules shall be properly abandoned by the applicant within 60 days of notice by the City. 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 signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). 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 plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 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 Exhibit A 19 | P a g e East Ridge Estates Subdivision – H-2016-0137 (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, 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 improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 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 11-1-4B. 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 material. 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 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. Exhibit A 20 | P a g e East Ridge Estates Subdivision – H-2016-0137 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 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 public 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 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 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. 4.3 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. 4.4 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. 4.5 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.6 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. Exhibit A 21 | P a g e East Ridge Estates Subdivision – H-2016-0137 4.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.10 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 4.11 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. 4.12 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 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.14 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.15 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 A concrete pad shall be constructed at the end of each common driveway to accommodate all of the trash carts for trash pickup. 6. PARKS DEPARTMENT 6.1 The applicant shall have an ongoing obligation to maintain all pathways. Exhibit A 22 | P a g e East Ridge Estates Subdivision – H-2016-0137 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 50-feet of right-of-way from centerline of Lake Hazel Road abutting the site. 7.1.2 Widen the pavement to a minimum of 17-feet from centerline with 3-foot wide gravel shoulder along Lake Hazel Road abutting the site. 7.1.3 Construct a westbound right-turn lane on Lake Hazel Road with a minimum storage length of 100 feet at the East Ridge Avenue/ Lake Hazel Road intersection. 7.1.4 Construct a 5-foot wide detached sidewalk along Lake Hazel Road, located a minimum 43-feet from centerline abutting the site. Provide a permanent right-of-way easement for any public sidewalk placed outside of the dedicated right-of-way. 7.1.5 Extend Cyanite Drive into the site from the north property line. 7.1.6 Construct all local streets as 33-foot street sections with rolled curb, gutter and detached 5-foot wide sidewalk within 37-feet of right-of-way. 7.1.7 Construct the main entrance intersecting Lake Hazel Road as proposed, with two 21-foot travel lanes and an 8-foot wide center island. The island shall be located within the ACHD right-of-way, and a license agreement is required for all landscaping proposed within ACHD right -of-way or easement areas. 7.1.8 Provide a permanent right-of-way easement for any sidewalk placed outside of the dedicated right-of-way. 7.1.9 Extend Huntly Drive as a stub street to the west property line as proposed. Install a sign at the terminus of the stub street stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.10 Pave the private roadways 20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of public streets. Install street name and stop signs for the private roads. All gates or keypads on the private roads shall be located a minimum of 50-feet from the near edge of the public street. 7.1.11 Payment of impacts fees are due prior to issuance of a building permit. 7.1.12 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Exhibit A 23 | P a g e East Ridge Estates Subdivision – H-2016-0137 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Exhibit A 24 | P a g e East Ridge Estates Subdivision – H-2016-0137 C. Legal Description & Exhibit Map for Annexation Boundary Exhibit A 25 | P a g e East Ridge Estates Subdivision – H-2016-0137 Exhibit A 26 | P a g e East Ridge Estates Subdivision – H-2016-0137 Exhibit A 27 | P a g e East Ridge Estates Subdivision – H-2016-0137 Exhibit A 28 | P a g e East Ridge Estates Subdivision – H-2016-0137 Exhibit A 29 | P a g e East Ridge Estates Subdivision – H-2016-0137 Exhibit A 30 | P a g e East Ridge Estates Subdivision – H-2016-0137 D. Required Findings from Unified Development Code 1. Annexation 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 Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 40.99 acre property with R-4 and R-15 zoning districts and develop 139 new single-family residential homes. Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with adjacent residential uses (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 R-4 and R-15 zoning districts is consistent with the purpose statement for 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 map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Council considers any oral or written testimony that may be 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 annexing this property with R-4 and R-15 zoning districts is in the best interest of the City if the applicant revises the plat per Council’s recommendation and enters into a development agreement. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Exhibit A 31 | P a g e East Ridge Estates Subdivision – H-2016-0137 b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. f. The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site. 3. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance provides an equal means for meeting the City’s private street standards. The private street standards are set forth in UDC 11-3F. The applicant is requesting to allow common driveways off of a private street. With the blessing of the Fire Department, staff believes that the proposed development can accommodate the common driveways off of a private street. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative for the common driveway off of a private street will not be detrimental to the public welfare or impair the use/character of the surrounding properties. Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4V PROJECT NUMBER: H-2017-0145 ITEM TITLE: Swindell Subdivision Findings of Fact, Conclusions of Law for Swindell Subdivision (H-2017-0145) by Volante Investments, LLLP is located off the northwest corner of S. Locust Grove Road and E. Overland Road 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0145 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification to Include a Conceptual Development Plan and Building Elevations for Swindell Subdivision, by Volante Investments, LLLP. Case No(s). H-2017-0145 For the City Council Hearing Date of: December 5, 2017 (Findings on December 12, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 5, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 5, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 5, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 5, 2017, 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. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0145 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 5, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for an amendment to the development agreement is hereby approved per the provisions in the Staff Report for the hearing date of December 5, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. 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 December 5, 2017 By action of the City Council at its regular meeting held on the day of l/ eCj!�Aj6i 2017. COUNCIL PRESIDENT KEITH BIRD VOTED. COUNCIL VICE PRESIDENT JOE BORTON VOTED C4 COUNCIL MEMBER ANNE LI.TTLE ROBERTS VOTED A COUNCIL MEMBER TY PALMER VOTED *6 COUNCIL MEMBER LUKE CAVENER VOTED *4 Y COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: C.fy Coli City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: yu Dated: &W�A m(9,01I City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0145 b5jr1de l 1 Su bd vi si o -3- MAYOR 3_ EXHIBIT A Swindell Subdivision – MDA H-2017-0145 1 STAFF REPORT HEARING DATE: December 5, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 SUBJECT: Swindell Subdivision – MDA H-2017-0145 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Volante Investments, LLLP, requests an amendment to the existing development agreement MDA) (Instrument #2016-045074) to include a conceptual development plan and building elevations. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA with the changes to the development agreement (DA) recommended by Staff in Exhibit A.4 contingent upon the applicant submitting conceptual elevations prior to the hearing that demonstrates consistency in design and incorporation of some of the same design elements and construction materials between buildings to unify the development. Elevations are required to reflect design elements suited for commercial developments rather than industrial developments. The Meridian City Council heard this item on December 5, 2017. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Brad Miller, Van Auker Companies ii. In opposition: None iii. Commenting: None iv. Written testimony: Brad Miller, Van Auker Companies v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff Recommendation i. At the request of the applicant and recommendation of approval from Staff, the Council approved the request to remove condition of approval #5.1(e)(i) which required cross-access between lots for interconnectivity. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0145 as presented in the staff report for the hearing date of December 5, 2017, with the following modifications: Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2017-0145 as presented during the hearing on December 5, 2017, for the following reasons: (You should state specific reasons for denial.) EXHIBIT A Swindell Subdivision – MDA H-2017-0145 2 Continuance I move to continue File Number H-2017-0145 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 generally located off the northwest corner of S. Locust Grove Road and E. Overland Road, in the southeast ¼ of Section 18, Township 3N., Range 1E. B. Owner: Volante Investmetns, LLLP 3084 E. Lanark Street Meridian, ID 83642 C. Applicant: Brad Miller, Van Auker Companies 3084 E. Lanark Street Meridian, ID 83642 D. Representative: Same as Applicant E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 17, 2017 C. Radius notices mailed to properties within 300 feet on: November 13, 2017 D. Applicant posted notice on site by: November 21, 2017 VI. LAND USE A. Existing Land Use(s): This property consists of land that is currently in the development process. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Interstate 84, zoned C-G and RUT in Ada County South: Maverik convenience store/fuel facility and vacant/undeveloped land, zoned C-C; and E. Overland Road & single-family residences across E. Overland Road, zoned R-4 East: S. Locust Grove Road and vacant/undeveloped industrial & commercial land, zoned I-L and C-G West: Church, zoned L-O; vacant/undeveloped land, zoned C-G; a daycare facility, zoned C-G; and an ACHD retention pond, zoned RUT in Ada County C. History of Previous Actions: In 2016, annexation and zoning (AZ-15-010) of 15.07 acres of land with a C-C zoning district; rezone (RZ-15-011) of 0.57 of an acre and 5.09 acres of land from the C-G to the C-C zoning district; and preliminary plat (PP-15-013) consisting of 7 building lots, 1 common lot and 1 other lot on 20.03 acres of land for Swindell Subdivision was approved. A development agreement EXHIBIT A Swindell Subdivision – MDA H-2017-0145 3 Instrument #2016-045074, Swindell Subdivision) was approved as a provision of annexation. Alternative Compliance (A-2016-0072) was also approved to UDC 11-3B-7C.3. A final plat (H-2016-0109) consisting of 7 building lots, 1 common lot and 1 other lot on 20.03 acres of land in the C-C and C-G zoning districts was approved in 2016. VII. ANALYSIS The applicant requests an amendment to the Development Agreement (DA) (Instrument #2016-045074) to include a conceptual development plan and building elevations for the overall development as required by the current agreement. The applicant anticipates offices, a family entertainment use (Vertical View) and flex space (i.e. office/warehouse) uses developing on the site, which qualify toward the variety of uses required in mixed use designated areas such as this. When the property was annexed, a conceptual development plan was not submitted for the site; only conceptual building elevations were submitted. Therefore, the City Council required a conceptual development plan for the overall development to be submitted and approved through a DA modification prior to any development occurring on the site. The plan was required to demonstrate consistency with the Mixed Use – Community designation per the Comprehensive Plan and include at least 3 land use types; a residential component was not required. Development of the site is required to comply with the structure and site design standards listed in the UDC (11-3A-19), including but not limited to the following: Extend or improve streets, drive aisles, cross access easements or similar vehicular and pedestrian connections provided from adjacent properties. All lots should have interconnectivity via cross-access easements. For lots with frontage on a public street, a minimum of forty percent (40%) of the buildable frontage of the property shall be occupied by building facades and/or public space. Within mixed use areas, and for large multi-building developments, buildings may be placed away from roadways if a minimum of thirty percent (30%) of the buildable frontage is occupied by building facades and/or public space. For properties greater than two (2) acres in size, no more than fifty percent (50%) of the total off street parking area for the site shall be located between building facades and abutting streets affects Lots 3 & 4). If parking cannot comply with this standard, it’s required to be screened by berms, landscaping, walls, architectural elements, or a combination of these elements to produce an appropriate buffer adjacent to public spaces and roadways. The design and layout of internal site parking shall avoid long straight unbroken parking aisles, provide crossing drive aisles for internal circulation at approximately one hundred fifty foot 150') intervals, or provide parking that is perpendicular to the building. This applies to the long vertical row of parking Lot 4. The concept plan does not reflect compliance with the items noted above; future development applications will be required to comply with these standards. Conceptual building elevations were also required to be submitted for future structures within the development that are consistent in design and incorporate some of the same design elements and construction materials to unify the development. Elevations were required to reflect design elements suited for commercial developments rather than industrial developments (i.e. incorporate modulation, fenestration, variations in profile, mix of materials, etc.). Conceptual architectural drawings were submitted for the family entertainment and the EXHIBIT A Swindell Subdivision – MDA H-2017-0145 4 office/warehouse use; sample photos of other buildings were also included (see Exhibit A.3). The design elements and construction materials are all very different and do not incorporate a common theme and/or material(s) as required. Additionally, a couple of the large structures are very industrial in appearance and are not suited for a commercial development such as this and are not approved. ALL future structures are required to comply with the design standards in the Architectural Standards Manual; inclusion of the proposed elevations in the DA as examples of future buildings to be constructed within the development does not constitute approval of such. Staff has discussed the lack of incorporation of a common theme and/or material(s) in the building elevations for the overall development with the applicant. The applicant intends to submit elevations and/or design standards for the development that do comply with this requirement prior to the Council hearing. Therefore, staff does not recommend approval of the concept elevations included in Exhibit A.3 for inclusion in the DA. If the applicant submits concept elevations prior to the Council hearing that are deemed to comply with this requirement, staff recommends they be included in the amendment and approved; if not, staff recommends the application is continued to a later date in order for the applicant to comply with this requirement. Staff recommends approval of the proposed concept plan with the changes noted above and included in strike-out/underline format in Exhibit A. 4. Further, staff will provide a recommendation at the hearing in regard to the conceptual building elevations to be included in the DA, which the applicant intends to submit prior to the hearing. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Conceptual Development Plan (dated: 9/14/17) 3. Proposed Conceptual Building Elevations – NOT APPROVED 4. Current & Proposed Development Agreement Provisions EXHIBIT A Swindell Subdivision – MDA H-2017-0145 5 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Swindell Subdivision – MDA H-2017-0145 6 Exhibit A.2: Proposed Conceptual Development Plan (dated: 9/14/17) EXHIBIT A Swindell Subdivision – MDA H-2017-0145 7 Exhibit A.3: Proposed Conceptual Building Elevations – NOT APPROVED EXHIBIT A Swindell Subdivision – MDA H-2017-0145 8 NOT APPROVED EXHIBIT A Swindell Subdivision – MDA H-2017-0145 9 NOT APPROVED EXHIBIT A Swindell Subdivision – MDA H-2017-0145 10 EXHIBIT A Swindell Subdivision – MDA H-2017-0145 11 VERTICAL VIEW ELEVATIONS EXHIBIT A Swindell Subdivision – MDA H-2017-0145 12 EXHIBIT A Swindell Subdivision – MDA H-2017-0145 13 Exhibit A.4: Current & Proposed Development Agreement Provisions Staff’s recommended changes in strike-out/underline format 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Prior to any development occurring on the site (including issuance of building permits), the development agreement shall be modified to include a conceptual development plan and building elevations for the overall development. The conceptual plan shall demonstrate consistency with the Mixed Use – Community designation per the Comprehensive Plan and shall include at least 3 land use types. Conceptual building elevations for future structures within this development shall be generally consistent in design and incorporate some of the same design elements and construction materials to unify the development. Elevations should reflect design elements suited for commercial developments rather than industrial developments (i.e. incorporate modulation, fenestration, variations in profile, mix of materials, etc.). b. The subject property is allowed two (2) building permits prior to subdivision of the property. Prior to submittal of the third building permit, the subject property shall be subdivided. c. The existing home and associated outbuildings shall be removed from the site prior to signature by the City Engineer on the final plat or issuance of the first building permit, whichever occurs first. d. Future development of this site shall substantially comply with the preliminary plat and site/landscape plan included in Exhibit A of the Staff Report that is attached to the Findings of Fact and Conclusions attached as Exhibit “B” and the conditions contained herein. e. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Design Manual., including but not limited to the following: i. Extend or improve streets, drive aisles, cross access easements or similar vehicular and pedestrian connections provided from adjacent properties. All lots should have interconnectivity via cross-access easements. ii. For lots with frontage on a public street, a minimum of forty percent (40%) of the buildable frontage of the property shall be occupied by building facades and/or public space. Within mixed use areas, and for large multi-building developments, buildings may be placed away from roadways if a minimum of thirty percent (30%) of the buildable frontage is occupied by building facades and/or public space. iii. For properties greater than two (2) acres in size, no more than fifty percent (50%) of the total off street parking area for the site shall be located between building facades and abutting streets (affects Lots 3 & 4). If parking cannot comply with this standard, it’s EXHIBIT A Swindell Subdivision – MDA H-2017-0145 14 required to be screened by berms, landscaping, walls, architectural elements, or a combination of these elements to produce an appropriate buffer adjacent to public spaces and roadways. iv. The design and layout of internal site parking shall avoid long straight unbroken parking aisles, provide crossing drive aisles for internal circulation at approximately one hundred fifty foot (150') intervals, or provide parking that is perpendicular to the building. This applies to the long vertical row of parking Lot 4. f. The developer shall provide a 35-foot wide buffer along the west boundary of the site adjacent to S. Fignut Way; and a 25-foot wide buffer along the southern boundary of Lot 2, Block 1 landscaped with native grasses and bushes as alternative compliance (A- 2016-0072) to UDC 11-3B-7C.3. Because of the irrigation and drainage easement that exists along the west boundary of the site, trees are prohibited within the easement. All buffers may be constructed at the time of lot development. g. A cell tower shall not be constructed on this site unless specifically approved by the City. Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4W PROJECT NUMBER: ITEM TITLE: First Amendment To Agreement For Extension Of Domestic Sewer Service Outside Meridian City Limits: 1035 E. Fairview Avenue 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 ADA COUNTY RECORDER Christopher D. Rich 2018-001828 BOISE IDAHO Pgs=2 LISA BATT 01/08/2018 08:18 AM RECORDING REQUESTED BY AND CITY OF MERIDIAN, IDAHO NO FEE WHEN RECORDED RETURN TO.' City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID $3642 FIRSTAMENDMENT TO AGREEMENT FOR EXTENSION OF DOMESTIC SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS: 1035 E. Fairview Avenue This FIRST AMENDMENT TO AGREEMENT FOR EXTENSION OF DOMESTIC SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS ("Agreement) is made this i00 day of December 2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Alturas Properties, LLC, formerly known as Hansen Properties, LLC, an Idaho limited liability company whose mailing address is 435 E. Shore Dr., Suite 210, Eagle, Idaho 83616 (hereinafter "User") (collectively, "Parties"). WHEREAS, the Parties entered into that certain Agreement.for Lixtension of Domestic Sewer Set -vice Outside 1feridian 04, Limits: 1035 E, Fairview Avenue, executed on October 3, 2017 (the "Agreement") and recorded in the records of Ada County against 1035 E. Fairview Avenue, Meridian, Idaho, Ada County parcel number 51107120677 ('Subject Property"), on October 10, 2017 as Instrument No. 2017-095482; WHEREAS.. the Agreement authorized connection of Subject Property to the City's sewer system on terms and conditions, identified in the Agreernent, which terms included a requirement of applications to the City for Annexation and Certificate of Zoning Compliance within sixty (60) days of execution of the Agreement; WHEREAS, User has, in good faith, pursued all necessary approvals for the Anticipated Use in Ada County, including submission of a master site plan application to Ada County on October 41. 2017, User has received master site plan approval for the Anticipated Use; however, not all building permits have issued and work has not yet completed to allow for County inspections and a certificate of occupancy to issue; 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 The Parties agree that the timelines identified in Section ILC of the Agreement are hereby extended an additional sixty (60) days, for a total of one hundred twenty (120) days from the execution of the Agreement. 2. Identification of User. The definition of "User" is hereby amended, as follows, to reflect the current ownership of the Subject Property: "10th & Fairview, LLC, successor in interest to Alturas Properties, LLC, fori-nerly known as Hansen Properties, LLC." By execution of this First Amendment, 10th & Fairview, LLC assumes all rights and obligations of User under the Agreement. FIRST AmFNDMENTTo AGRFE&WNTFOR EXTENSION XkNNIER ERVICE OUTSIDE MERIDIAN CITY LIMITS — 1035 E. FAIRVIL;W AVE PAGE 1 OF—) 3. No Other Changes; Dormed Terms. The Agreement remains in full force and effect except as explicitly modified herein. Any capitalized but undefined terms in this First Amendment shall have the same meaning as indicated in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on this ` day off -. c . (-- c- ` 20.17. USER: 10TH & FAIRVIEW, LLC an Idaho limited liability company Blake Hansen, Ma1]c'{►.._, STATE OF IDAHO ' ) ss: County of 6"1141 ) I HEREBY CE TIFY that on this day of before the undersigned, a Notary public in the State of Idaho, personally appeared Blake Hansen, proven to me to be the person who executed the said instrument, and ,�,•+ � IN acknowledged to me that he executed the same. ' �.+*` '••, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my t' 0'tA, Aofffi'al seal, the day and ear in this certificate first above written. Public for Id tisk• 3LIC eif ?`I Residing at (� , • . Idaho '000•000'0 My Commission Expires: OF 1,01 CITY OF MERIDIAN: BY: Tammy eerd, Mayor 06 8922110, �O.TA ' �'Y •L pc,BL�G OY '••asses••' Attest: /- *X-L'--� Way Coe. , Cite Clerk STATE OF IDAHO : ss County of Ada I HEREBY CERTIFY that on this= G� day of eC MbP(--2017 before the undersigned, personally appeared TAMMY de WEERD and C;JAY COLES, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, and acknowledged to me that the City of Meridian executed the sante. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year inthiscertificate first above written. U)(&W )- 1'd Notary Public f Residing at, JA11U Idaho My Commission Expires: g -,9 d FIRST AMENDMF'NT *to AGRUNiL:N'r FUR EXTENSION OF SFwrat SERVICE OUTSIDEMFRIDIAN CITY LIMITs —1035 E. FAItwFw AVF PAr1 2 OF 2 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4X PROJECT NUMBER: ITEM TITLE: Temporary Construction Easement for ACHD for Linder Road Widening Project MEETING NOTES a 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 Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387 6100 • FX 345-7650 • www.achd.ada.id.us Version: 5/20/08 Paul Woods, President Rebecca W. Arnold, Vice President Sara M. Baker, Commissioner Jim D. Hansen, Commissioner Kent Goldthorpe, Commissioner Committed to Service November 29, 2017 City of Meridian c/o: Legal Department 33 E. Broadway Ave. Meridian, ID 83642 Re: Project No: 517032 Project Name: Linder Rd., Cayuse Creek to Chinden Parcel No: 5 Dear Sir/Ma’am, As you are aware, Ada County Highway District (ACHD) has an improvement project planned for Linder Rd., Cayuse Creek to Chinden. Your property is located within the planned project area and it is necessary for ACHD to acquire specific rights therein. As a staff member of the ACHD Right-of-Way Section, I am authorized to work with you to purchase the rights that are required for this project. The enclosed packet contains the following documents:  Compensation Summary  Temporary Construction Easement  Summary of Rights of an Owner The “Summary of Rights of an Owner” explains the right-of-way acquisition process and procedures and your rights as an affected property owner. Please review the enclosed documents and, if they are acceptable to you, sign them as indicated and return the originals to this office. Once the properly signed documents and forms have been received, ACHD will process and send you fully executed copies. Normal processing takes about 30 days. Please don’t hesitate to call or email me with any questions or concerns or to set up a meeting with me. Your cooperation and prompt attention to this matter are greatly appreciated. I look forward to hearing from you. Sincerely, Michele White Sr. Right-of-Way Agent, RWA Ada County Highway District mwhite@achdidaho.org (208) 387-6274 Enclosures as stated Project Name: Linder Rd. (Cayuse Creek to Chinden) Project: 517032.002 Name: City of Meridian RNV Parcel No: 5 T4N, R1W, Sec. 26 APN: R5299420120 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this 12— day of \ orbet-, 20fT , CITY OF MERIDIAN, a Municipal Corporation, hereinafter "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter "ACHD"; WITNESSETH: FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to ACHD an easement (the "Easement") under, over, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Servient Estate"). This grant is made on the following terms: 1. Authorized Uses By ACHD. ACHD's use of the Easement granted herein shall be in connection with the construction and improvement of a highway on adjoining and abutting property owned by ACHD municipally known as Linder Rd., (the "Dominant Estate"), for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to ACHD in connection with such highway construction and improvement project, and for ingress and egress to and from the Dominant Estate, 2. Use by Others Under ACHD. ACHD's right to so use the Servient Estate during the term of the Easement shall extend to use by ACHD's Commissioners, employees, contractors and agents. 3. Term. This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminating on the completion of the highway construction and improvement project on the Dominant Estate. On the expiration of the term of this Easement, the rights and privileges granted to ACHD hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. ACHD hereby agrees to indemnify and hold GRANTOR harmless from and against any and all claims for loss, injury, death and damage caused by or arising out of the use of the Servient Estate by ACHD, its Commissioners, employees, contractors and agents, hereunder, and including, without limitation, attorneys fees and costs that might be incurred by GRANTOR in defending any such claims. 5. Restoration on Expiration of Term. As provided on Exhibit "A" hereto, on the expiration of the term of this Easement the Servient Estate shall be restored by ACHD, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, orbe otherwise subjected to discrimination underanyACHD service, program oractivity. TCE -1 of 2 Project Name: Linder Rd Project: 517032.001 Name: City of Meridian RIW Parcel No: 5 T4N, RIK Sec. 26 APN: R5299420120 (Cayuse Creek to Chinden) 6. Binding Effect. This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i) ACHD AND GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates. 7. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate, TO HAVE AND TO HOLD this Easement unto the ACHD for the term hereinabove set forth. GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, GRANTOR warrants to the ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by the parties, the day, month and year herein first above written. CITY OF ME_ RIDIAN, a Mu_ nicipal Corporation: C. Iry Tammy d e d X )MNI,. Mayor SEgL °..`` City Clerk ADA COU HIGHWAY DISTRICT: David Serdar Right -of -Way Supervisor Michele White Sr. Right -of -Way Agent NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TO BE RECORDED. The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. TCE-2of2 E X H I B I T A Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4Y PROJECT NUMBER: ITEM TITLE: Resolution No. 17-2051: Accepting the 2018 Initial Point Gallery Schedule 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 CITY OF MERIDIAN RESOLUTION NO. 19 - 2D51 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ACCEPTING THE 2018 INITIAL POINT GALLERY SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code sections 2-2-2(A)(2) through (4) charge the. Meridian Arts Commission with stimulating awareness and appreciation of the importance of publicly accessible art and its benefits to the community, fostering the development of a receptive climate for the arts, and advising the City Council on the aesthetic aspects of works of art to be displayed by the City of Meridian; WHEREAS, the City desires that public art will be a component of Meridian City Hall, and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission reviewed all responses submitted to the Call to Artists, selected artists whose works are appropriate for display in Initial Point Gallery based on their respectively submitted proposals, including images set forth in Exhibit B, and recommends to the Meridian City Council that such artists' work be displayed in Initial Point Gallery in 2018; and WHEREAS, the Mayor and City Council find that display in accordance with the proposed 2018 Initial Point Gallery Schedule, as set forth in Exhibit C, will serve the best interest of the people of Meridian and visitors to Meridian City Hall; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the proposed 2018 Initial Point Gallery Schedule, attached hereto as Exhibit C as may be amended or supplemented by the Commissions and Committees Specialist from time to time, as necessary, is hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. That the Commissions and Committees Specialist is hereby authorized to invite. the artists enumerated on the 2018 Initial Point Gallery Schedule to display their work in Initial Point Gallery, subject to. terms and conditions of a written agreement to be negotiated by the City Attorney's Office. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 12th day of December, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this 12th day of December, 2017. APPROVED: `=GO�QORATEDgVCGs, ATTEST: �7fyuf o _ � w Mayor Ta m de Weerd m E IDj HO C. Col Cit Clerk y � y SEAL RESOLUTION ADOPTING 2018 INITIAL POINT GALLERY SCHEDULE Page 1 of 20 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and $35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Exhibit A Sa r a h K o h l e r Exhibit B La u r a Y a g e r Ol d W a t e r B o y s Je f f G l e n n Be r t H i n e r Mi c a h G o s n e y Ra n d y L a t t i m e r An g e l a S t o u t Ro b i n C o x Sc o t t P e n t z e r A F e l l o w s h i p o f F o u r i n F u s i o n , F l o r a l , Fi g u r e , a n d F u n De b P e n c e Em m a H o o d Da n a n d S h a r o n a S c h o g e r Da r l e n e L a u r s e n Id a h o W a t e r c o l o r S o c i e t y Je s s i c a T o o k e y Exhibit C Initial Point Gallery 2018 Proposed Schedule Month Artists/Organization Install Reception Close Remove January Joni Frey Idaho Gourd Society 1/5/18 1/9/18 2/1/17 2/2/18 February Sarah Kohler Laura Yager Erin Peitsch 2/2/18 2/6/18 3/1/18 3/2/18 March OldWaterBoys 3/2/18 3/6/18 3/29/18 3/30/18 April Jeff Glenn Bert Hiner Micah Gosney Randy Lattimer Rick Jenkins 3/30/18 4/3/18 4/26/18 4/27/18 May Angela Stout Robin Cox Scott Pentzer TBD 4/27/18 5/1/18 5/31/18 6/1/18 June A Fellowship of Four in Fusion, Floral, Figure, and Fun 6/1/18 6/5/18 6/28/18 6/29/18 July Deb Pence Emma Hood Dan and Sharona Schoger 6/29/18 7/10/18 7/26/18 7/27/18 August Terri Thicksun Kevin Hugues Paula Ryan 8/3/18 8/14/18 8/30/18 8/31/18 September Darlene Laursen Holly Bodke TBD 8/31/18 9/11/18 9/27/18 9/28/18 October Idaho Watercolor Society Betty Hayzlett 9/28/18 10/2/18 11/1/18 11/2/18 November Jessica Tookey TBD 11/2/18 11/13/18 11/28/18 11/30/18 December Joye Lisk Lauren Kinster Joyce Green Cyndy Lounsbury 11/30/18 12/4/18 1/31/19 2/1/19 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 4Z PROJECT NUMBER: Professional Services Agreement For Concert Series Production Services with WineGlass Arts Development for an amount not to exceed $20,000 MEETING NOTES 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT – CONCERT PRODUCTION SERVICES PAGE 1 of 9 PROFESSIONAL SERVICES AGREEMENT FOR CONCERT SERIES PRODUCTION, MARKETING, AND OTHER SERVICES This Professional Services Agreement For Concert Series Production Services (“Agreement”) is made this 12th day of December, 2017 (“Effective Date”), between the Meridian Arts Commission (“MAC”), by and through the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (“City”) and WineGlass Arts Development, a nonprofit corporation organized under the laws of the State of Idaho (“Production Company”). WHEREAS, MAC intends to present to the public the 2018 Concerts on Broadway, a series of four (4) free Saturday evening concerts, presented at Meridian City Hall plaza during the summer months (“Event”); WHEREAS, MAC seeks to maintain final decision-making authority with regard to booking the musical artists Production Company recommends for Event, but wishes to contract for other professional services required for the successful presentation of the Event; and WHEREAS, Production Company is uniquely skilled and experienced in production and stage management and booking musical artists, and is willing to provide or obtain additional necessary services, including obtaining sponsorships, promoting the Event to the public, and providing and operating a sound system; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF PRODUCTION COMPANY ’S SERVICES . A. Concert production. Production Company shall provide to City the following services: 1. Provide all production and stage management services before and on the day of each concert comprising Event. 2. Present to MAC a proposed roster of musical artists to be booked for Event, and obtain MAC’s approval thereof, prior to booking such artists, and no later than March 14, 2018. 3. Book and pay opening and headliner musical acts for Event, including execution of written contracts as contemplated herein. 4. Obtaining sponsorships for Event, including approaching sponsors of the previous year’s Event to request sponsorship renewal. 5. Marketing the Event to the public via broadcast, print, and online promotion, including local media and event calendars. 6. Provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. 7. Advancement of all musical acts, including making initial contact with musical artists and working with then to make decisions about all aspects of the concert, including: a. Band needs on and off stage (hospitality, dressing room needs, transportation); PROFESSIONAL SERVICES AGREEMENT – CONCERT PRODUCTION SERVICES PAGE 2 of 9 b. Public address system, backline equipment, lighting, and staging needs; c. Communicating all information to and from artist regarding loadin and loadout, scheduling before and day-of the concert, guidelines for use of City Hall Plaza, and contact information; and d. Obtaining tech rider and stage plat from musical artist. 8. Hiring, managing, and paying all stagecrew, sound vendors, lighting vendors, and any other additional crew needed at each concert. 9. Supervising loadin and loadout, soundchecks, and all concert vendors, excluding any food or beverage vendors. 10. Creating call sheets and schedules needed for each concert and distributing this information to all parties involved in a timely manner. 11. Collaborating with the Arts & Culture Specialist and MAC as needed or requested, and providing updates as requested at regular monthly MAC meetings. 12. Preparation of a backup plan in case of inclement weather, and implementation of such plan if needed. 13. Setting up signs, provided by MAC, as may be required pursuant to the Parks Alcohol Permit, if any. B. Concert specifications. Production Company shall ensure that each concert comprising Event complies in all respects with each and all of the following specifications. 1. Unless otherwise agreed in writing or moved due to inclement weather, each concert shall be held at the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho. 2. Each concert shall end by sunset; under no circumstances may amplified sound be used after sunset. 3. All set-up, rehearsal, and/or sound checks at the City Hall plaza shall occur by 6:00 p.m. on concert dates. 4. Each concert and all components thereof shall comply in all respects with state and federal law, all conditions of the applicable City of Meridian Temporary Use Permit and any other applicable permits and permitting requirements, and all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department. 5. Production Company shall execute written agreements with the musical artists booked to perform at Event. Such agreements shall include all applicable provisions of this Agreement, and each and all of the following provisions: a. Musical artist shall perform for the public, from 7:00 p.m. to at least 8:30 p.m., in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen-minute break during this time. b. Musical artist must acknowledge that the venue is a public place, that all members of the public shall be invited to attend, and the content and performance of the music shall be appropriate for all ages. Musical artist’s performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. c. Musical artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or PROFESSIONAL SERVICES AGREEMENT – CONCERT PRODUCTION SERVICES PAGE 3 of 9 property, and from any and all losses and expenses caused or incurred by musical artist or its assistants, servants, agents, employees, guests, and/or business invitees, in connection with activities related to the Event. Musical artist acknowledges that performing at Event presents risks, some of which are unknown, and does agree to assume all such known or unknown risks. d. Musical artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to performance at Event, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. C. Promotion. Promoter may, at Promoter’s election and sole expense and effort, purchase commercial advertising to promote Event, and/or may promote Event via broadcast, online, social, or print media. City hereby conveys to Promoter permission to use City’s and MAC’s name in all forms and media and in all manners, except that City’s logo may not be used in any manner whatsoever without the express, written consent of the Mayor’s Chief of Staff. To the extent practicable, City shall be given the opportunity to review and approve all promotional materials in advance of their publication, broadcast or dissemination. D. Event sponsorship. Promoter may sell sponsorships of Event, and may retain all proceeds collected from such sponsorships. Promotor shall provide to City Contact the names and logos of all sponsors to be recognized in the Meridian Parks & Recreation Activity Guide by February 1, 2018. Promoter may not engage any sponsor which promotes or endorses any of the following content: 1. Content that is deemed in violation of this policy or any other applicable City policy; 2. Profane, obscene, indecent, violent, or pornographic content and/or language; 3. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; 4. Defamatory or personal attacks; 5. Threats to any person or organization; 6. Content that promotes, fosters or perpetuates conduct in violation of any federal, state or local law; 7. Content that encourages or incites illegal activity; 8. Information that may compromise the safety or security of the public or public systems; 9. Content that violates a known legal ownership interest, such as a copyright, of any party; or 10. Any content that contains or perpetuates a message that the Director of the Parks & Recreation Department deems to be inappropriate and not in the best interest of the City of Meridian. If the City becomes aware that any engaged or potential sponsor of Event promotes or endorses such content, the City may terminate this Agreement, restrict or remove any content that is deemed in violation of this policy or any applicable law, and/or cancel the sponsored concert or Event. PROFESSIONAL SERVICES AGREEMENT – CONCERT PRODUCTION SERVICES PAGE 4 of 9 II. PAYMENT A. Amount; timeline. For services rendered pursuant to this Agreement, City shall remit to Production Company a total amount not to exceed twenty thousand dollars ($20,000.00). This amount shall constitute full compensation from City to Production Company for any and all services, costs, and expenses related to services performed under this Agreement. Production Company shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. City shall pay Production Company such enumerated amounts within thirty (30) days of receipt of Production Company’s invoices, provided that Production Company has timely provided services as described herein. To obtain payment, Production Company shall submit invoices to City pursuant to the following timeline and in the following enumerated amounts: AMOUNT INVOICE DATE PAYMENT DATE $ 5,000.00 April 10, 2018 May 10, 2018 $ 5,000.00 May 14, 2018 June 14, 2018 $ 5,000.00 June 12, 2018 July 12, 2018 $ 5,000.00 July 16, 2018 August 16, 2018 Total: $ 20,000.00 B. Method of payment. By April 2, 2018, Production Company shall provide City with: 1) a completed ACH Form, 2) a copy of a voided check, and 3) a completed W-9 form. So long as all documents are complete and received by April 2, 2018, City shall pay Production Company via direct deposit, pursuant to the terms of this Agreement. III. CITY ’S RESPONSIBILITIES City shall contribute to Event the following services and functions: A. Promotion. City shall promote the Event in its established communication channels, including the City newsletter, City website, the Meridian Parks & Recreation Activity Guide, and City social media outlets. City hereby conveys to Production Company permission to use City’s name in all forms and media and in all manners, without violation of City’s respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City’s logo may not be used in any manner whatsoever without the express, written consent of the Mayor’s Chief of Staff. To the extent practicable, City Contact shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication, broadcast or dissemination. B. Food trucks. City shall invite one (1) or more food trucks to sell food and/or beverages at Event. C. Special event permit. City shall obtain a City of Meridian Temporary Use Permit for the Event, and shall request that Meridian Police Department patrol the Event as needed. PROFESSIONAL SERVICES AGREEMENT – CONCERT PRODUCTION SERVICES PAGE 5 of 9 D. Venue. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho, which is an outdoor, open, public venue. E. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. IV. TERMS AND CONDITIONS A. Term. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on September 30, 2018 unless earlier terminated or extended in the manner as set forth in this Agreement. B. Time of the essence. Production Company acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. City Contact. City hereby designates the following employee to act as a liaison between Production Company and City (“City Contact”): Hillary Bodnar, Arts and Culture Specialist hbodnar@meridiancity.org. City may change the designated City Contact by giving written notice of such change to Production Company in the manner herein provided. 1. Day-to-day communications . Communication between City and Production Company regarding day-to-day matters shall occur via e-mail or telephone. 2. On site representation. City Contact shall be on site during Event set-up, rehearsal, sound check, and the concert, in order to provide necessary access, facility oversight, and problem-solving. D. Protection of venue and equipment. Production Company shall be solely responsible for any and all measures necessary to protect equipment, instruments, and musical artists from damage due to weather and other conditions that do or may exist. Production Company shall take all reasonable measures to protect City facilities and property from damage during or attributable to the Event. E. Post-production review. City Contact and Production Company shall meet monthly to review the previous concert and discuss problems, solutions, and improvements. F. Notice. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States PROFESSIONAL SERVICES AGREEMENT – CONCERT PRODUCTION SERVICES PAGE 6 of 9 mail, addressed as follows: City: Production Company: City of Meridian Cara Stone Attn: City Clerk WineGlass Arts Development 33 E. Broadway Avenue P.O. Box 1580 Meridian, Idaho 83642 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. G. Cancellation. If a concert is cancelled due to events not related to Production Company, and Production Company is present and prepared to provide services in full accordance with the terms set forth herein, Production Company shall be entitled to compensation as set forth in section II of this Agreement. Cancellation of one or more concerts may occur under the following circumstances. 1. Public safety. The Director of the Meridian Parks & Recreation Department or his designee may, in the Director’s sole discretion, elect to cancel a concert where cancellation is in the best interest of the public health, safety, or welfare. 2. Weather. City Contact may, in her sole discretion, elect to cancel one or more concerts due to inclement weather, except that Production Company may propose a change of venue to an indoor location. City Contact may accept such proposal and authorize Production Company to change the concert venue, or may reject such proposal and cancel the concert. If Production Company is authorized to change the venue under this provision, Production Company shall be responsible for managing all aspects of such change of venue, including reserving the indoor venue, communicating the change to the performing artists, set-up, and clean-up. Any additional cost related to change of venue shall be borne by Production Company. H. Subcontracting or assignment of obligations. Production Company may subcontract or assign any of its obligations or rights under this Agreement except those related to or that may relate to its professional production management expertise. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. I. Termination. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature; other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. Either party may terminate this Agreement by providing fourteen (14) days advance written notice of intention to terminate. In the event of termination, regardless of cause or terminating party, Production Manager shall, within two (2) business days, transfer all reservations to City, and shall deliver to City any and all other plans, timelines, contacts, and work products prepared or held by Production Company. If City PROFESSIONAL SERVICES AGREEMENT – CONCERT PRODUCTION SERVICES PAGE 7 of 9 terminates due to any cause other than breach or default by Production Company, Production Company shall be entitled to any payment due as of the date of termination, as well as compensation for actual costs incurred by Production Company in furtherance of this Agreement, as set forth in detailed, verified invoice. J. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. K. Insurance. City shall maintain, throughout the term of this Agreement, property insurance and comprehensive general liability insurance to cover damage or injury attributable to City as property owner. To cover damage or injury attributable to acts or omissions of Production Company, and those of its assistants, volunteers, agents, employees, guests, and/or business invitees, Production Company shall obtain, and shall maintain throughout the term of this Agreement, insurance as set forth below. Proof of such insurance shall be provided to City by 5:00 p.m. on May 4, 2018, evidenced by a certificate of insurance issued by an insurance company licensed to do business in the State of Idaho and containing a thirty-day notice of cancellation endorsement. In the event of cancellation or restriction by the insurance company of the insurance policy, Production Company shall notify City in writing within three (3) business days. Production Company shall maintain the following insurance coverage: 1. Comprehensive general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) per occurrence for property damage and bodily injury or death, naming the City of Meridian as an additional insured. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Production Company shall notify City in writing within three (3) business days. City has the right to suspend portions of this Agreement in the City’s sole discretion if Production Company’s general liability insurance is revoked, cancelled, expires or Production Company is otherwise without general liability insurance. 2. Workers’ compensation insurance on any and all persons in Production Company’s employ, where and in the minimum amount(s) as required by Idaho law. L. Indemnification . Production Company shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Production Company, its assistants, volunteers, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Production Company acknowledges that provision of the services described hereunder presents risks, some of which are unknown, and does agree to assume all such known and unknown risks. M. Waiver. Except as to rights held under the terms of this Agreement, Production Company shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising PROFESSIONAL SERVICES AGREEMENT – CONCERT PRODUCTION SERVICES PAGE 8 of 9 from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. N. Relationship of Parties. Production Company is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Production Company and City or any official, agent, or employee of City. Specifically, without limitation, Production Company understands, acknowledges, and agrees: 1. Except as otherwise set forth herein, Production Company is free from actual and potential control by City in the provision of services under this Agreement. 2. Production Company is engaged in an independently established trade, occupation, profession, or business. 3. Production Company has the authority to hire subordinates. 4. Production Company owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Production Company nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. O. Compliance with law. Throughout the course of this Agreement, Production Company shall comply with any and all applicable federal, state, and local laws. P. Non-Discrimination . Throughout the course of this Agreement, Production Company shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. Q. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. R. Costs and attorneys’ fees . If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys’ fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. S. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. T. Cumulative rights and remedies. 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. U. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid; or unenforceable, the remainder of this Agreement shall not be affected. V. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. W. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part hereof as if set forth in their entirety herein. X. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date as set forth above. PRODUCTION COMPANY: Cara Stone, President WineGlass Arts. Development CITY OF MERIDIAN: DILATED q � GD BY; Aft st: _ Tammy e r erd, Mayor E `'ID ,1 T W C14 Coe" City Clerk OA O "mom, SEAL PROFESSIONAL SERVICES AGREEMENT - CONCERT PRODUCTION SERVICES PAGE 9 of 9 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: AA PROJECT NUMBER: ITEM TITLE: AP Invoices for Payment - $1,218,727.61 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 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A COMPANY INC Portable Toilet Rentals for 2017 Trunk or Treat, 10/26-10/27 215.00 01 General Fund A-1 STAMP & MABEL'S LABELS Coding & Evidence Stamps for PD 114.00 01 General Fund ADA COUNTY HIGHWAY DISTRICT 17-0192,ACHD Ustick-Settlers Lighting - November 2017 15,931.50 01 General Fund ADA COUNTY PROSECUTOR DR17-547, 15% of $831.00 Cash Awarded, CR# 18-099 12/1/17 124.65 01 General Fund ADA COUNTY WEED & PEST CONTROL gopher control at Reta Huskey Park 20.00 01 General Fund ADVANCE AUTO PARTS oil for Storey Park golf cart - qty 1 19.68 01 General Fund ADVANTAGE GEAR 220/2 pair wildland pants 367.78 01 General Fund AFLAC T5581, December 2017, AFLAC 3,316.91 01 General Fund ALLEGIANT POWDER COATING, LLC powder coat Settlers splash pad toys 1,500.00 01 General Fund ARLENCO DISTRIBUTION, INC credit on security camera for Settlers Park invoice 0235722 (143.92) 01 General Fund ARLENCO DISTRIBUTION, INC Dome cameras for restroom bldgs-Kleiner,GHarris,BearCreek 1,210.68 01 General Fund ARLENCO DISTRIBUTION, INC security camera for Settlers Park - qty 1 143.92 01 General Fund ARROWHEAD FORENSIC PRODUCTS Evidence Equipment - Tape, Qty 13 249.36 01 General Fund ARROWHEAD FORENSIC PRODUCTS Evidence Equipment-Tie Down Pistol Box, Tape, Print Powder 199.36 01 General Fund AXON ENTERPRISE INC 18-0074, Body Cameras, Mounts, Docks, Licenses 17,321.46 01 General Fund BLUE CROSS OF IDAHO December 2017 Blue Cross Insurance 345,855.91 01 General Fund BOE - Boise Office Equipment XPN547404, Additional Copies, 10/22/17-11/21/17 154.11 01 General Fund BOUNDTREE MEDICAL 220/5 ring cutters, medical 60.45 01 General Fund BPA HEALTH, INC.EAP, Dec 2017, 454 Employees 1,311.66 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Motor Mount and Battery for Unit 122 647.70 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Transmission Flush for Unit #151 171.91 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change for Unit # 133 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 27 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 53 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Studded snow tires for City Van C15921 632.95 01 General Fund Campbell Tractor Co.Brushes & Tires for 1445 broom - qty 4 583.94 01 General Fund CANYON HONDA Replaced Wheels, Front Brakes & Clutch Service Unit#522 2,356.54 01 General Fund CENTRAL DISTRICT HEALTH DEPT 2018 CDHD permit for Kleiner concessions 125.00 01 General Fund CENTRAL DISTRICT HEALTH DEPT 2018 CDHD permit for Settlers concessions 125.00 01 General Fund CENTURYLINK Kleiner Park, Home Court, PD DSL, Centrex Phone Lines, 11/17 872.13 01 General Fund CERTIFIED LABORATORIES dry lube for Lanark Parks Shop - qty 1 dozen 189.10 Date: 12/7/17 12:16:56 PM Page: 1 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund CHIEF SUPPLY CORPORATION Flashlights and Chargers for #60, 61, 62, 101, 102, & 103 497.94 01 General Fund CHRIS SIEMS Per Diem, C. Siems, Pre-Employment Background Investigation, 224.00 01 General Fund CI TECHNOLGIES IAPro Internal Affairs/Professional Standards Unit Software 2,548.98 01 General Fund CITY OF BOISE Contribution for Allumbaugh House - 10/1/17-12/31/17 14,365.00 01 General Fund CITY OF BOISE ATTORNEYS OFFICE 18-0084, City Prosecutor/Criminal Legal Services - Dec 2017 29,975.49 01 General Fund CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash November 2017 33.07 01 General Fund CLIMA-TECH CORPORATION HVAC repairs Fire room sensor install 1,150.00 01 General Fund DAY WIRELESS SYSTEMS radio rentals for 2017 Trunk or Treat 10/26/17 - qty 15 136.50 01 General Fund DAY WIRELESS SYSTEMS radio rentals for Winter Lights Parade 12/1-12/4/17 - qty 10 140.00 01 General Fund DELTA DENTAL PLAN OF IDAHO Delta Dental, December 2017, #0133-0000 24,110.69 01 General Fund DISTINCTIVE MILLWORK & SPEC Add Workstations & Update Existing in Patrol 5,230.00 01 General Fund DONE RITE TREE CO.2017 Christmas tree stump removal 2,800.00 01 General Fund EAGLE VISION ONE INC Prescription Lenses for Colin Lab Mask 195.00 01 General Fund FASTENAL COMPANY screws & washers for Lanark Parks Shop - qty 900 27.52 01 General Fund HOME DEPOT CREDIT SERVICES 220/credit for returned torch & hose, Inv. 9081637 (40.94) 01 General Fund HOME DEPOT CREDIT SERVICES Christmas light switch hardware - qty 4 19.36 01 General Fund HOME DEPOT CREDIT SERVICES credit on materials for tree lighting fake light switch x 7 (39.52) 01 General Fund HOME DEPOT CREDIT SERVICES extension cords for downtown Christmas poles - qty 33 296.01 01 General Fund HOME DEPOT CREDIT SERVICES materials for North Pole - Candy Cane Fun Run - qty 6 26.18 01 General Fund HOME DEPOT CREDIT SERVICES materials for Tree Lighting fake light switch - qty 21 117.95 01 General Fund HOME DEPOT CREDIT SERVICES restroom painting supplies; cleaning brushes/soap - qty 21 198.67 01 General Fund HOME DEPOT CREDIT SERVICES Return Credit for Shrink Tube-See Orig Inv# 1804 00022 23469 (7.97) 01 General Fund HOME DEPOT CREDIT SERVICES Shrink Tube & Grommets to Fix Pole Camera - Qty 2 11.26 01 General Fund HOME DEPOT CREDIT SERVICES sleeves for sanding spindle - qty 1 pkg 14.99 01 General Fund HOME DEPOT CREDIT SERVICES spray paint for Tree Lighting fake light switch - qty 3 14.72 01 General Fund IDAHO HUMANE SOCIETY 18-0054, Animal Control Services - December 2017 31,761.00 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for Fire Station CM Services, 10/27/17, 11/3/17 74.52 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for RFQ on Scenario Village, 10/27/17 & 11/3/17 64.86 01 General Fund IFPF IFPF Membership, J. Overton & J. Bongiorno, 1/1/18-12/31/18 320.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile overpass 250.00 Date: 12/7/17 12:16:56 PM Page: 2 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund INTERNL MUNICIPAL LAWYERS ASSN IMLA membership, B. Nary, 1/1/17-12/31/17 695.00 01 General Fund LARSON-MILLER, INC Haz Mat Evidence Destruction 296.16 01 General Fund LEXIS NEXIS On-line research - November 2017 118.00 01 General Fund LEXIS NEXIS On-line research - October 2017 118.00 01 General Fund LEXISNEXIS MATHEW BENDER Bankruptcy Rules Update 405.12 01 General Fund LIFEMED SAFETY, INC 18-0113 220/AED Project Completion, 14 AEDs & supplies 24,079.45 01 General Fund LOWE'S tool bag - qty 1 17.61 01 General Fund MASTERCARD MC City#2, #0588, 11/30/17 Statement -5,382.00 01 General Fund MASTERCARD MC City#7, #0778, 11/30/17 Statement -6.59 01 General Fund MASTERCARD MC Clerks, #0521, 11/30/17 Statement -92.25 01 General Fund MASTERCARD MC Com-Dev, #0851, 11/30/17 Statement -1,913.96 01 General Fund MASTERCARD MC PW #1, #0687, 11/30/17, Statement,4.97 01 General Fund MASTERCARD MC PW #2, #0695, 11/30/17 Statement -7.54 01 General Fund MINUTEMAN, INC.toolbox keys for fleet truck 5 - qty 10 9.40 01 General Fund MOORE, SMITH, BUXTON & TURCKE Union Arbitration Matter - 10/5/17-10/26/17 200.00 01 General Fund MOTIONS DANCE STUDIO instructor fee-CapoeiraBalletTapJazzTumble 10/30-11/20/17;27 572.00 01 General Fund MOTIONS DANCE STUDIO instructor fee-Cheer,Ballet,Jazz,Capoeira 11/1-11/17/17 x 52 1,143.20 01 General Fund NAYLOR & HALES, P.C.Legal Service on Bittercreek Matter, 10/20/17 62.91 01 General Fund NCPERS GROUP LIFE INS NCPERS Group Life Insurance December 2017 672.00 01 General Fund NEW YORK LIFE INSURANCE COMPANY New York Life Insurance - December 2017 763.31 01 General Fund NORTHWEST HARDSCAPE SPECIALTIES downtown brick work on trees 1,521.12 01 General Fund OFFICE DEPOT, INC.Calendars - Qty 8 143.51 01 General Fund OFFICE DEPOT, INC.Name Plates for two new Code Officers, A. Nunes & K. Mercado 39.98 01 General Fund OFFICE TEAM John Hale w/e 11/17/17 contract labor Records Retention 704.94 01 General Fund OFFICE VALUE - MERIDIAN Office Supplies, Plates, Knives, Bowls for PD - Qty 70 1,312.05 01 General Fund OFFICE VALUE - MERIDIAN Tape Dispenser, Scissors, Disk Organizer, Trash Cans -Qty 10 259.36 01 General Fund OVERHEAD DOOR COMPANY PSTC West Sallyport Door Repair 419.00 01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for saw 3.09 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for equipment 35.59 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 11 37.04 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 14 74.59 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 17 77.25 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 29 66.64 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 3 75.00 Date: 12/7/17 12:16:56 PM Page: 3 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 4 43.00 01 General Fund PLATT Lamps for Light Fixtures on Main Elevator - Qty 15 81.90 01 General Fund PLATT Light Bulbs for Lights on K9 Bldg Exterior - Qty 8 52.64 01 General Fund POLICE EXECUTIVE RESEARCH FORU PERF Membership, Beth Erickson, 1/1/18-12/31/18 200.00 01 General Fund RODDA PAINT COMPANY paint for north & south Kleiner restroom floors - qty 6 gal 232.08 01 General Fund SALT LAKE WHOLESALE SPORTS Firearms Training Ammo - Qty 4 1,120.79 01 General Fund SALT LAKE WHOLESALE SPORTS Rifle Ammo - Qty 6 1,077.40 01 General Fund SHANNON MEYER, PHD CIT Training, 5 Officers, Meridian ID, 11/2/17 833.00 01 General Fund SILVER CREEK SUPPLY Christmas tree lights for Generations Plaza - qty 100 1,451.00 01 General Fund SILVER CREEK SUPPLY MPR Commission parade float lights - qty 1 21.82 01 General Fund STREET DECOR downtown banner hardware clips & poles - qty 110 684.21 01 General Fund SUNBELT RENTALS manlift rental for Christmas decor 11/19-11/20/17 380.25 01 General Fund SUNBELT RENTALS manlift rental for Generations Plaza tree 11/8-12/5/17 2,233.83 01 General Fund SUNBELT RENTALS mini telehandler rental for Christmas decor 11/14-11/15/17 365.04 01 General Fund SYNCB/AMAZON prize wheel to promote MPR Dept - qty 1 79.90 01 General Fund TAMMY DEWEERD Mayor Cellphone Reimbursement FY18 - December 2017 100.00 01 General Fund TARGETSOLUTIONS LEARNING , LLC.Target Solutions Premier Membership Platform-Firefighters 4,120.00 01 General Fund TATES RENTS (GENERAL OFFICE)2017 Trunk or Treat main stage power 10/26-10/27/17 79.50 01 General Fund TECHNI CHEM CORPORATION volleyball mat - qty 1 90.00 01 General Fund THE COBLE COMPANY Badges for Promotions and New Hires FY18 - Qty 15 1,794.58 01 General Fund THE UPS STORE Postage to send Evidence to lab 86.12 01 General Fund TOTAL SYSTEM SERVICES HAVC repair City Hall, After hours call 1,584.40 01 General Fund TREASURE VALLEY CHILDREN'S THEATER The Best Xmas Pageant Ever Production - 1st Payment 1,000.00 01 General Fund TREASURE VALLEY COFFEE Coffee for the PSTC - Qty 8 302.00 01 General Fund TREASURE VALLEY COFFEE Coffee, Hot chocolate, Cream & Sugar for PD - Qty 20 365.32 01 General Fund UNIFORMS 2 GEAR Buckle for K. Mercado - Qty 1 14.50 01 General Fund UNIFORMS 2 GEAR Pants for K. Mercado - Qty 1 74.99 01 General Fund UNION PACIFIC RAILROAD CO 18-0015, UPRR - South Parking Lot Lease FY18 - December 2017 1,743.41 01 General Fund UNITED HERITAGE INSURANCE 02065-001, December 2017 Premiums 13,530.41 01 General Fund UNITED HERITAGE INSURANCE United Heritage, Voluntary Insurance, December 2017 4,196.27 01 General Fund UNITED LABORATORIES, INC.Case of drain cleaner 317.06 01 General Fund VISION SERVICE PLAN 30 044489 0001, VSP December 2017 4,749.67 01 General Fund WEIDNER & ASSOCIATES 220/16 foot roof ladder 591.63 01 General Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Insurance December 2017 5,470.45 Date: 12/7/17 12:16:56 PM Page: 4 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund ZERO WASTE USA, INC dog waste bags for all parks - qty 40 cases 4,358.55 Total 01 General Fund 603,116.41 07 Impact Fund BRIGHT IDEAS LIGHTING COMPANY construction camera removal-KBirdLegacy,RHuskey,Hillsdale 112.50 07 Impact Fund MINUTEMAN, INC.recore door locks at Reta Huskey & Keith Bird Legacy Parks 620.70 Total 07 Impact Fund 733.20 20 Grant Fund governmental CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash November 2017 20.00 20 Grant Fund governmental INTERSECTIONS CONSULTING Facilitator for MADC Reality Party for Parents, 11/11/17 2,208.43 20 Grant Fund governmental MASTERCARD MC Com-Dev, #0851, 11/30/17 Statement -2.00 Total 20 Grant Fund governmental 2,230.43 60 Enterprise Fund AFLAC T5581, December 2017, AFLAC 205.39 60 Enterprise Fund AIR FILTER SUPERSTORE WHOLESALE LLC White poly roll media, cut in half 149.99 60 Enterprise Fund ALFONSO ORTIZ Refund, 1734319002, Wat/Sew/Trash, 2929 N Boulder Creek Ave, 31.00 60 Enterprise Fund ANDREW J. & BRITTANY C. SAILORS Refund, 0909006203, Wat/Sew/Trash, 492 W Anton Dr, Customer 79.53 60 Enterprise Fund AWWA-AMERICAN WATER WORKS ASSN AWWA Membership for A. Freitag, Member#3192907, 1/1-12/31/18 221.00 60 Enterprise Fund BACKFLOW SUPPLY 2inch Wilkins RP Assembly Qty 1 459.72 60 Enterprise Fund BLUE CROSS OF IDAHO December 2017 Blue Cross Insurance 112,363.29 60 Enterprise Fund BPA HEALTH, INC.EAP, Dec 2017, 454 Employees 404.46 60 Enterprise Fund BRENT & MICHELLE WARDLE Refund, 1843042403, Wat/Sew/Trash, 2487 E Challis St, Custom 53.04 60 Enterprise Fund BRIAN L. & PATRICIA L. SPEELMAN Refund, 055025804, Wat/Sew/Trash, 674 E Ocelot Ct, Customer 91.18 60 Enterprise Fund BROWN & CALDWELL 17-0118,WRRF Facility Plan Update,10/1-10/26/17 31,221.75 60 Enterprise Fund BROWN & CALDWELL 17-0420,18-0063,18-0065,WRRF Cap.Exp.FY15,10/1-10/26/17 28,539.85 Date: 12/7/17 12:16:56 PM Page: 5 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund CENTURYLINK Kleiner Park, Home Court, PD DSL, Centrex Phone Lines, 11/17 652.45 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0311,WRRF Capacity Exp.FY15, Service Thru 10/27/17 16,361.73 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0384,WRRF Headworks Upgrades, Service Thru 10/27/17 13,496.91 60 Enterprise Fund CHARLES & NICOLE ROWE Refund, 1843044804, Wat/Sew/Trash, 2497 N Hickory Way, Title 167.69 60 Enterprise Fund CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash November 2017 12.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 16-0046,ACHD Franklin/Black Cat-Ten Mile 10/1-10/31/17 3,692.00 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Electrical Parts Victory Resv Transducer Install Qty 3166 2,040.31 60 Enterprise Fund COREY RIPPEE & ASHLEY JAMISON Refund, 0315390503, Wat/Sew/Trash, 5649 N Big Cedar Ave, Cus 63.48 60 Enterprise Fund D & B SUPPLY GR8 Bolts, Swivel Caster, Swivel caster w/Brake Qty 5 58.88 60 Enterprise Fund D.R. BACHMAN COMPANY Insite flowmeter 288.10 60 Enterprise Fund DAVE EVANS CONSTRUCTION Refund, Surety-2015-0019, Accomodations Sub, Release of Warr 19,753.60 60 Enterprise Fund DAVID & JANET TARVER Refund, 3260020502, Wat/Sew/Trash, 369 S Truss Ln, Auto Pay 49.24 60 Enterprise Fund DAVID & KIMBERLY A. BARTON Refund, 0550250404, Wat/Sew/Trash, 672 E San Pedro St, Custo 43.18 60 Enterprise Fund DELTA DENTAL PLAN OF IDAHO Delta Dental, December 2017, #0133-0000 6,635.43 60 Enterprise Fund DERRICK & NACHELLE LOPEZ Refund, 1820021503, Wat/Sew/Trash, 2819 N Leblanc Way, Title 65.88 60 Enterprise Fund DNK PROPERTIES LLC,Refund, 2302259606, Wat/Sew/Trash, 1348 N Midtown St, Custom 37.97 60 Enterprise Fund DOUGLAS HAMRICK Refund, 1010203203, Wat/Sew/Trash, 3234 N Nuova Ave, Title C 133.90 60 Enterprise Fund DUKE PARTNERS, LLC.Refund, 1631300801, Wat/Sew/Trash, 2315 NW 14th St, Customer 220.31 60 Enterprise Fund E C POWER SYSTEMS 18-0120 Annual Generator Maint & Repair @ Well 14 509.97 60 Enterprise Fund E C POWER SYSTEMS 18-0120 Annual Generator Maint Well 22 570.72 60 Enterprise Fund E C POWER SYSTEMS 18-0120 Annual Gennarator Maint @ Black Rock 770.39 60 Enterprise Fund EL-ADA, INC.El-Ada October 2017, Meridian Cares Program, Qty 1 7.00 60 Enterprise Fund FASTENAL COMPANY Propane Cylindar Storage Cabinet & Safety Gloves Qty 30 1,479.99 60 Enterprise Fund FASTENAL COMPANY WD-40 Can Qty 12 99.32 Date: 12/7/17 12:16:56 PM Page: 6 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund FERGUSON ENTERPRISES INC.18-0017 LF 4 OMNI C MTR, M520M-F1-TC-E-MI Qty 108 24,879.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.18-0017 LF 4 OMNI C2 MTR, LF 2 OMC2 Mt Qty 22 34,691.12 60 Enterprise Fund FERGUSON ENTERPRISES INC.20inch MTR Ring, 20inch Meter Cover 1,072.04 60 Enterprise Fund FERGUSON ENTERPRISES INC.20inch MTR Ring, 20inch Meter Cover Qty 16 1,072.04 60 Enterprise Fund FERGUSON ENTERPRISES INC.4inch Pilot Replacement Kit Qty 1 1,128.77 60 Enterprise Fund FERGUSON ENTERPRISES INC.5-1/4 UP VLV PLT Qty 2 505.38 60 Enterprise Fund FERGUSON ENTERPRISES INC.DBl Check BFP Bras Qty 12 244.24 60 Enterprise Fund FERGUSON ENTERPRISES INC.H/SL Strut Qty 20, RR Ring FLg Pkg Qty 3 66.19 60 Enterprise Fund FERGUSON ENTERPRISES INC.Idaho FCC License Renewal/Sensus Meter Read System 1,000.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.LWR VLV PIT Nut, Wiper RingQty 4 68.04 60 Enterprise Fund FERGUSON ENTERPRISES INC.Meter Vault, Brass Coupling Qty 4 463.32 60 Enterprise Fund FERGUSON ENTERPRISES INC.Multi PRPS MTR Coup Qty 12 255.16 60 Enterprise Fund FISHER SCIENTIFIC BOD meter sensor cap 102.18 60 Enterprise Fund FISHER SCIENTIFIC FIA reagent 348.98 60 Enterprise Fund FISHER SCIENTIFIC GGA BOD QC 98.61 60 Enterprise Fund FISHER SCIENTIFIC Lancet single use 459.01 60 Enterprise Fund FISHER SCIENTIFIC pH paper & sterile pipets 321.26 60 Enterprise Fund FORD HALL COMPANY, INC 24 inch brow brush w/ 3 inch trim for clarifiers 80.68 60 Enterprise Fund GRANITE EXCAVATION, INC 16-0323,Five Mile Trunk Relief,Water/Sewer Rep., 11/9/17 2,673.61 60 Enterprise Fund GREG & RAE ANN MANSHIP Refund, 4617021302, Wat/Sew/Trash, 2899 E Lucca Dr, Customer 224.99 60 Enterprise Fund GREGORY & MARY BOSCO Refund, 0823040402, Wat/Sew/Trash, 4215 N Supai Ave, Custome 50.62 60 Enterprise Fund GREGORY PETERSEN & RITA ALLRED Refund, 2470014002, Wat/Sew/Trash, 3041 W Acarrera Ln, Custo 114.67 60 Enterprise Fund HACH COMPANY Turbidimeter sample cell & BOD nutrient buffer packs 414.27 60 Enterprise Fund HOME DEPOT CREDIT SERVICES High Gloss Paint, Qty 3 9.84 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Wood hangers & sheet metal screws - qty 3 9.14 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Business cards for Alex Erickson 46.25 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Notice - Invitation to Bid EH Wachs Valve, 11/10,11/17 63.48 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Notice for Invitation to Bid Amity-Linder Watermain, 107.06 60 Enterprise Fund IRMINGER CONSTRUCTION 17-0326,WRRF Boise River Outfall Upgrades,as of 11/30/17 26,016.51 60 Enterprise Fund IRMINGER CONSTRUCTION 17-0339,Well 30, Const.services 10/21-11/20/17 148,042.98 60 Enterprise Fund JASON & MICHELLE PALAGI Refund, 0390000402, Wat/Sew/Trash, 5435 N Vercelli Way, Titl 95.43 Date: 12/7/17 12:16:56 PM Page: 7 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund JON & BARBARA TRAUTWEIN Refund, 1313896604, Wat/Sew/Trash, 2778 N Dayside Ave, Title 97.90 60 Enterprise Fund JUB ENGINEERS 17-0021,Well 22 Water Treatment, 10/1-10/28/17 41,860.90 60 Enterprise Fund JUB ENGINEERS 18-0104,On Call Modeling and Master Plan, 10/1-10/28/17 4,491.30 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Industrial belt 24.26 60 Enterprise Fund KEN & ROCHELLE DOUGAL Refund, 4646620402, Wat/Sew/Trash, 2904 E Hero Dr, Title Com 78.97 60 Enterprise Fund L2 EXCAVATION, LLC.17-0328,Collections Equipment Facility,service to 11/17/17 35,950.14 60 Enterprise Fund LAYNE of IDAHO, INC.Pull & Assess Motor & Pump for Vibration Damage 2,838.00 60 Enterprise Fund MARIBEL BARROSO Refund, 4620010202, Wat/Sew/Trash, 3437 S Milan Ave, Custome 89.72 60 Enterprise Fund MASTERCARD MC City#4, #0554, 11/30/17 Statement -854.23 60 Enterprise Fund MASTERCARD MC Com-Dev, #0851, 11/30/17 Statement -19.99 60 Enterprise Fund MASTERCARD MC PW #1, #0687, 11/30/17, Statement,1,391.14 60 Enterprise Fund MASTERCARD MC PW #2, #0695, 11/30/17 Statement -791.92 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0354,WRRF Boise River Outfall Pump Station,11/13-11/26/17 361.60 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0354,WRRF Boise River Pump Station Upgrade,10/30-11/12/17 228.40 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks Upgrades, 10/30-11/12/17 1,716.24 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks Upgrades, 11/13-11/26/17 457.80 60 Enterprise Fund MATT & CHRISTEN SCHNEIDER Refund, 3669015605, Wat/Sew/Trash, 2258 S Retriever Way, Tit 50.88 60 Enterprise Fund MEGAN HAYS Refund, 0808152202, Wat/Sew/Trash, 221 E Santiago Ct, Custom 67.58 60 Enterprise Fund MICHAEL & RHONDA MCGRATH Refund, 0550015702, Wat/Sew/Trash, 802 E Handel St, Title Co 121.61 60 Enterprise Fund MICHAEL GALLAGHER Refund, 0504060203, Wat/Sew/Trash, 6288 N Maximus Pl, Custom 47.75 60 Enterprise Fund MIQUE RECHE Refund, 1842123203, Wat/Sew/Trash, 2263 E Clarene St, Custom 52.93 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Tube Connector, Male Straight Pipe Qty 8 26.94 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Vinyl Tubing, Tube Union Tee, Male Run Tee - Qty 78 45.88 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Cold grip gloves 204.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Welding gloves 45.66 60 Enterprise Fund MURRAYSMITH INC 17-0091,Water Main Ext,Amity&Linder, as of 10/31/17 1,423.11 60 Enterprise Fund MURRAYSMITH INC 17-0141,Water Master Plan, as of 10/31/17 5,155.50 60 Enterprise Fund MYFLEETCENTER.COM Signature Oil Change C13726 29.59 Date: 12/7/17 12:16:56 PM Page: 8 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund NAIDA WHITTED Refund, 1842311206, Wat/Sew/Trash, 1856 E Chimere Dr, Custom 24.85 60 Enterprise Fund NCPERS GROUP LIFE INS NCPERS Group Life Insurance December 2017 128.00 60 Enterprise Fund NELSON & PATRICIA DEAN Refund, 0748075502, Dumpster, 3777 N Dixon Ave, Customer Dou 223.85 60 Enterprise Fund NINE IRON LLC.Refund, 1419161202, Wat/Sew/Trash, 4345 W Nine Iron Ln, Auto 62.86 60 Enterprise Fund O'REILLY AUTO PARTS Antifreeze - Qty 5 64.95 60 Enterprise Fund O'REILLY AUTO PARTS Diesel supplement 33.98 60 Enterprise Fund O'REILLY AUTO PARTS Fuse to replace fuse on charger in headsets on the camel 3.99 60 Enterprise Fund O'REILLY AUTO PARTS Wiper Blades Vehicle C13732 Qty 2 12.32 60 Enterprise Fund OFFICE DEPOT, INC.Scissors, calendar, toner - qty 3 168.63 60 Enterprise Fund OFFICE DEPOT, INC.Yardstick 2.98 60 Enterprise Fund OFFICE VALUE - MERIDIAN File boxes 63.92 60 Enterprise Fund OFFICE VALUE - MERIDIAN Strip Mount Tape Qty 2 8.38 60 Enterprise Fund OXARC, INC.18-0091 Soduim Hypochlorite Deliver Qty 1272gl 2,115.36 60 Enterprise Fund OXARC, INC.18-0091 Soduim Hypochlorite Delivery Qty 544gl 928.72 60 Enterprise Fund OXARC, INC.18-0091, Soduim Hypochlorite Delivery Qty 660gl 1,117.80 60 Enterprise Fund PARK PLACE PROPERTY MANAGEMENT Refund, 1419004403, Wat/Sew/Trash, 3737 W Harbor Point Dr, P 104.70 60 Enterprise Fund PENN VALLEY PUMP CO Vacuum switch to repair PVP switch at primary clarifier 3 916.00 60 Enterprise Fund PLATT Atemno 120/150Vac/DC, End Stop, SP Breaker Qty 21 348.87 60 Enterprise Fund PLATT Ballast & emergency ballast to repair hallway & women's 127.50 60 Enterprise Fund PLATT Breaker & heater pack for installation of new vaughan pumps 964.63 60 Enterprise Fund PLATT Breaker & machine screws to install electrical &155.63 60 Enterprise Fund PLATT Returned self-lamintaing labels (28.99) 60 Enterprise Fund RAYMOND BOBKO Refund, 2404053608, Wat/Sew/Trash, 2766 W Forecast St, Title 122.96 60 Enterprise Fund ROBERT & LEAH SMITH Refund, 1734194607, Wat/Sew/Trash, 801 E Willowbrook Dr, Cus 99.16 60 Enterprise Fund ROBERT J. & ROBERT M. BANKS Refund, 1419116002, Wat/Sew/Trash, 2520 N Waggle Pl, Custome 45.06 60 Enterprise Fund RON & GINA SORENSON Refund, 0606128001, Wat/Sew/Trash, 2099 E Comisky St, Title 94.81 60 Enterprise Fund RUSH TRUCK CENTERS Hose Kit & Labor for repair C17425 387.46 Date: 12/7/17 12:16:56 PM Page: 9 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund RYAN & NAOMI KERNS Refund, 0390027203, Wat/Sew/Trash, 5440 N Vercelli Way, Cust 43.18 60 Enterprise Fund SEACREST GROUP Whole effluent toxicity testing 794.00 60 Enterprise Fund SEAN & RANDI ALLRED Refund, 0550290203, Wat/Sew/Trash, 5819 N Claret Cup Way, Cu 417.53 60 Enterprise Fund STEVE CAVEN Refund, 0748186901, Wat/Sew/Trash, 3637 N Justin Ave, Custom 41.18 60 Enterprise Fund STEVE CAVEN Refund, 1910091402, Wat/Sew/Trash, 4296 E Arch Dr, Customer 272.51 60 Enterprise Fund SYNCB/AMAZON Badge Holder Qty 2 30.05 60 Enterprise Fund SYNCB/AMAZON Batteries for track-it temp loggers - qty 5 21.48 60 Enterprise Fund SYNCB/AMAZON Desk Calendars Qty 1 28.37 60 Enterprise Fund SYNCB/AMAZON Wireless Mouse - Qty 2 30.98 60 Enterprise Fund TESTAMERICA 4th quarter biosolids sampling 857.50 60 Enterprise Fund THE UPS STORE Shipping to return part incorrectly ordered to Fisher 12.95 60 Enterprise Fund TIMOTHY & JACKI COMPTON Refund, 0909941404, Wat/Sew/Trash, 1130 W Great Basin Dr, Cu 70.84 60 Enterprise Fund TYLER & CARISSA BROWN Refund, 0920110404, Wat/Sew/Trash, 1159 W Ashby Dr, Customer 56.04 60 Enterprise Fund TYLER PARRISH Reimb, T. Parrish, Sweatshirt - Qty 1 23.99 60 Enterprise Fund TYSON CARLYLE Refund, 1910131004, Wat/Sew/Trash, 4316 E Race St, Unclaimed 149.70 60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001, December 2017 Premiums 3,730.57 60 Enterprise Fund UNITED HERITAGE INSURANCE United Heritage, Voluntary Insurance, December 2017 696.41 60 Enterprise Fund USA BLUEBOOK Sample Lines Strainer Assembly, Qty 35 5,334.86 60 Enterprise Fund USA BLUEBOOK Schonstedt GA-52 Cx Locator Qty 1 828.89 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 272508216-00001 Modem for Sys Emergency - 10/24/17-11/23/17 6.73 60 Enterprise Fund VISION SERVICE PLAN 30 044489 0001, VSP December 2017 1,472.52 60 Enterprise Fund WEIDNER & ASSOCIATES Female Swivel Rocker Lug Qty 3 592.46 60 Enterprise Fund WEIDNER & ASSOCIATES Fire Hose Key, Supply Hose, Key Fire Hose Big Flushing Qty 7 1,333.43 60 Enterprise Fund WESTERN STATES CHEMICAL Pro-enviro concentrate & wool dusters 397.73 60 Enterprise Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Insurance December 2017 2,673.45 60 Enterprise Fund WW GRAINGER, INC HVAC high capacity pleated filter 54.48 60 Enterprise Fund ZACHARY & KERI SHOEMAKER Refund, 0920021003, Wat/Sew/Trash, 836 W Ashby Dr, Title Com 97.90 Total 60 Enterprise Fund 612,647.57 Date: 12/7/17 12:16:56 PM Page: 10 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Report Total 1,218,727.61 Date: 12/7/17 12:16:56 PM Page: 11 Meridian City Council Meeting DATE: December 12,2017 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: Invitation to City Council to View Meridian Historical Society Collections by Lila Hill 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 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Impact Fee Committee Presentation 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 Cost Recovery Proposal December, 12, 2017 Impact Fee Advisory Committee Current Impact Fee Rates Proposed Impact Fee Rates (Cost Recovery) Justification for Proposed Fee Changes Options Moving Forward Questions City of Meridian Agenda Council approved the Current Impact Fees March 2014 Effective Date : May 2014 Expiration Date : May 2023 *SFH – Single Family Housing *MFH – Multi Family Housing City of Meridian Current Impact Fee Rates Impact Fee Advisory Committee proposed fees February 2014 City of Meridian Proposed Impact Fee Rates BBC Proposed Impact Fee (02/04/14) Res. - SFH Res. - MFH Commercial Fire Impact Fee 681.00$ 681.00$ 0.35$ Parks Impact Fee 1,113.00$ 1,113.00$ -$ Police Impact Fee 223.00$ 223.00$ 0.12$ Total Impact Fee 2,017.00$ 2,017.00$ 0.47$ Comparison between Adopted Current Impact Fees and Proposed Cost Recovery City of Meridian Proposed Impact Fee Rates BBC Proposed Impact Fee (02/04/14) Res. - SFH Res. - MFH Commercial Fire Impact Fee 681.00$ 681.00$ 0.35$ Parks Impact Fee 1,113.00$ 1,113.00$ -$ Police Impact Fee 223.00$ 223.00$ 0.12$ Total Impact Fee 2,017.00$ 2,017.00$ 0.47$ Dollar Value Change - Impact Fee Res. - SFH Res. - MFH Commercial Fire Impact Fee 129.93$ 129.93$ 0.06$ Parks Impact Fee 32.28$ 345.48$ -$ Police Impact Fee 87.28$ 87.28$ 0.05$ Total Impact Fee 249.49$ 562.69$ 0.11$ Costs are going up The cost of a fire engine was $510,000. The cost today is $550,000. Roughly 7% annual increase in cost for the same item The cost to build per square foot was approximately $200-$220 per square foot. Today the cost, conservatively, is approximately $300 per square foot for same construction, design, and materials The cost for land was significantly lower than the cost of land today The development cost per acre was calculated at $142,000/acre. Recent development costs have been around $206,000/acre City of Meridian Justification for Proposed Impact Fees Adopt 2014 Proposed Rate •Meet demands of current growth •Help maintain level of service •Positive impact to levy rate •Increase costs to builders and developers Retain Current Rates •Fall behind on demands of current growth for new facilities •Loss of level of service •Revenue lost result on impact to General Fund City of Meridian Options Moving Forward City of Meridian Questions Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Solid Waste Advisory Committee Report and Recommendation of Two Community Recycling Fund Applications for Approval 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 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Solid Waste Advisory Committee Report and Recommendation of Two Community Recycling Fund Applications for Approval 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 r---.-f f---JIAN� �/ IDAHOJ /1� THE M�RIOIAN COMMUNITY RECYCLING FUND City of Meridian Community Recycling Fund (MCRF) Application This application is to be completed by individuals and organizations applying for funding from the City of Meridian Community Recycling Program Fund. This application must be completed in its entirety. Please use additional sheets of paper if necessary. Applicant Name (individual, organization, company): Meridian Library District Address: _1326 W Cherry Lane __________________ _ City _Meridian_________ State _ID__ Zip Code _83642__ _ Contact Name and Title: _Gretchen Caserotti, Library Director_______ _ Phone Number _208-888-4451___ Email ___gretchen@mld.org_________ _ Phone Number ____________ FAX: ___________________ _ 1)Describe the community project you would like to have supported. Provide as much detail as possible including any drawings, designs, and other information that helps to fully explain the project. We are going to re-purpose a 40’ shipping container to create a children’s library at The Hill; on the new South Meridian Family Y site. By using a shipping container for the building structure, the library can be portable and should we successfully secure capital funding to build a permanent library in the future, the “tiny library” to other areas around Meridian to increase citizen access to their public library. In addition to the exterior unit being recycled, we intend to invite citizens to donate children’s books from their home collections and recycle the minimal furnishings this library will require to operate. Revised 02/26/2014; 2017 Page 1 of 4 2)Describe how this project will benefit the community and meet the program criteria of the Meridian Community Recycling Fund as outlined in the Community Recycling Fund overview. This initiative will give the community a new public access point to library services which increases the convenience of use for library patrons. By reusing the container for occupied space & soliciting community donations for furnishings, we are promoting recycling and reuse of materials (MCRF Criteria & Requirements A.1.a). We anticipate receiving media publicity/coverage and in combination with our own marketing efforts, we will increase community awareness of the benefits of recycling (MCRF Criteria & Requirements A.1.b). This children’s library will offer a weekly children’s program and we often use recycled materials and environmental themes can be used. 3)Describe the recycled content materials to be used including manufacturers information if applicable. Please note: Applicants of construction projects must comply with City building permit requirements. The shipping container is made of “weathering steel” and will be painted bright & colorfully with windows cut out of the sides. The Treasure Valley Children’s Theater has offered to donate a container for us to use. 4)Describe the type and location of recog nition signage or other methods of recognition that will be used to acknowledge the financial assistance provided by the Community Recycling Fund, ( e.g., plaque, standing sign, etc.), and the location. Submit a draft concept drawing or design for the proposed signage to be used. Please note: Applicants must comply with City sign permitting requirements. The city will provide the successful applicant with graphic files of the Meridian Community Recycling Fund logo and slogan to be incorporated into recognition signage and/or materials. Recognition of the grant can be done with either a plaque/sign mounted on the exterior of the unit or painted on the unit directly. The sign would describe the grant and acknowledge the Meridian Community Recycling Fund. We anticipate this project will get local media attention and MLD would acknowledge the grant in traditional media publicity and social media channels as well. Revised 02/26/2014; 2017 Page 2 of 4 5)Referring to the MCRF's Program Criteria and Requirements, Section B.1.f., please describe your project's funding needs in the appropriate section below: TOTAL PROJECT FUNDING REQUESTED ( does not exceed $5,000.00): (NO MATCH) Total Project Funding Request: $ __25,000________ _ TOTAL PROJECT FUNDING REQUESTED ( exceeds $5,000.00) (MATCH) Total Project Funding Request: Subtotal: 50/50 MCRF**: 50/50 Project Match: Total ofMCRF Funds Requested**: Revised 02/26/2014; 2017 $ _25,000__________ _ -$5,000** (No match required on the first $5,000.00 of a funding request in this category) $ 20,000 (Project funding request -$5,000) $ 10,000 (50% of subtotal) $ 10,000 (50% of subtotal) $ 15,000 ($5,000 + MCRF Match) Page 3 of 4 6)If your project costs exceed $5,000 please provide information sufficient to establish your ability to provide the 50% match in cash funds or donated materials you are required to provide. MLD is committed to this project and has funds both in savings and in the general operating budget. At the time of this submission, final project details are not quite yet available so we can't provide many more details. However, MLD's annual approved budget is available on our website https://www.mld.org/finance-reports and we're working closely with community partners on the project. 7)Provide a proposed time schedule for the project. The goal is to be able to open this mini-children's library to the public in the summer of 2018. From November - January we will continue to develop the concept and drawings, file necessary permits and starting in February we will initiate a public announcement and begin to engage citizens in the project by hosting a children's book drive. After winter, we will start customizing and preparing the container in April- May and strive to have a grand opening in June, just in time for our popular Summer Reading program. By signing the applicant represents that (1) he/she has read and understands the MCRF Program and its Project Criteria and Requirements; and (2) if awarded funds, he/she agrees to comply with all of the conditions and requirements related to, but not limited to, permitting, signage, funding, reporting, and project completion. Failure to do so may result in cancellation of project approval and rescission of funds awarded. Signature of Contact Person: ________________ _ (We must have a signature to process your application) Return to: Konrad McDannel Republic Services Municipal Marketing Coordinator 2130 W Franklin Rd Meridian, ID 83642 kmcdannel@republicservices.com For More Information Please Contact: Konrad McDannel 208-685-7748; or kmcdannel@republicservices.com Revised 02/26/2014; 2017 *** Date: _10/15/17_____ _ Page 4 of 4 W1EII]IAN*--- I! THE MERIDIAN COMMUNITY RFCYCUNG FUND City of Meridian Community Recycling Fund (MCRF) Application This application is to be completed by individuals and organizations applying for funding from the City of Meridian Community Recycling Program Fund. This application must be completed in its entirety. PIease use additional sheets of paper if necessary. Applicant Name (individual, orga'nation, com any): CEN Dh MI,tiZID1A 00J4) la� Address:"��-GA----7 City -Gr ew okJ State_ 0 Zip Code Contact Name and Title.At 6- 9tAci�air PA-VV-- Phone A-VkPhone Number! "'b'do 3s1 Email W;AV-TMJs art,(L. OkAr,)C, e0t2 Phone Number FAX: l) Describe the community project you would like to have supported. Provide as much detail as possible including any drawings, designs, and other information that helps to fully explain the project. ok) 1NSTikLL 35� %. &Lto l tTi I Ill GounUuWi �-' C -U JO L29-oc;tLaVA S19WAgf_ , P9- ��.IGS� 131 i F.t7 T' 1t/l`ii7I�►.�Il rrL {zE1:-trt 5 10- �*-C.w�t�l.o�17 _rtt.io t>\1ST+�k�- lu sLuNTrr l.af! �1Z PQ -00k . W&tkL S&pVtGE. a AtJmpkjl0US, may_ T+� �_ Sf .w i l�.- RQ' I m"TOAV) z vi v'+" . I & A ►4+.ts GA 1`f 20 it - Revised 02/26/2014; 2017 Page 1 of 4 2) Describe how this project will benefit the community and meet the program criteria of the Meridian Community Recycling Fund as outlined in the Community Recycling Fund overview. IS ILp `ioLL mL�rL-w- q + CE dI kkiruo1AV qW(D Dal gWG � Ca�V �If�.lcFi 1TrL�1� r► KEG ?CiPtG�it5 J Etlwo�,5-i� Th,G RF�� ANY-) 4 11Z� -9 &N I -(t ri�rZ catilnylMJ rJ 1 I Kis r�v,lr, �►�►�. t �+.��►� 1R �Lt NS wHt:� [SGIn1f� isJU1A �F r 3) Describe the recycled content materials to be used including manufacturers information if applicable. Please note: Applicants of construction projects must comply with City building permit requirements. A r L..e-.� i Ni IBJ STV- i Al_- �l: �. � �i U-) 4) Describe the type and location of recognition signage or other methods of recognition that will be used to acknowledge the financial assistance provided by the Community Recycling Fund, (e.g., plaque, standing sign, etc.), and the location. Submit a draft concept drawing or design for the proposed signage to be used. Please note. Applicants must comply with City sign permitting requirements. The city will provide the successful Applicant with graphic riles of the Meridian Community Recycling Fund logo and slogan to be incorporated into recognition signage and/or materials. W 3 ,[ S Qhs 1 &Jrz AE11Q C) T��4t,Uii �p D'T'I vt l t g g w-mWI Lot. -L- 'go,— ,UD AWL) Z , N ow awl A -N [) 14 N ev i LL [�'� l 0 e<,J 5 wA<, 5 Ila- iI i� �?-F. Revised 0212612014; 2017 Page 2 of 4 5) Referring to the MCRF's Program Criteria and Requirements, Section B.l .f., please describe your project's funding needs in the appropriate section below: TOTAL PROJECT FUNDING REQUESTED (does not exceed $5,000.00): (NO MATCH) Total Project Funding Request: $ TOTAL PROJECT FUNDING REQUESTED (exceeds $5,000.00) (MATCH) Total Project Funding Request: (A . SO -$5,000** (No match required on the first $5,000.00 of a funding request in this category) Subtotal: $ , Oq s (Project funding request - $5,000) 50/50 MCRF**: $ Ll -10 Z s'- - (50% of subtotal) 50150 Project Match: $ T rL (50% of subtotal) Total of MCRF Funds Requested**: $_ � , a Z . Z� ^ ($5,000 + MCRF Match) Revised 02/26/2014; 2017 Page 3 of 4 6) If your project costs exceed $5,000 please provide information sufficient to establish your ability to provide the 50% match in cash funds or donated materials you are required to provide. �ri &t i},1 i tl101 Otil *6 A -M qWP- W DW OVY-7 Ar 3 uW 2 U Wil. k til RV- NAW? i AN 7) Provide a proposed time schedule for the project. i V -z -s' Pi-% Rz. Of ut`d , i i KFA1.L 1 N IL _ 0-- 7,0M 'rtrtJllifl IZ hSrt- 1;4,10 By signing the applicant represents that (1) he/she has read and understands the MCRF Program and its Project Criteria and Requirements; and (2) if awarded funds, he/she agrees to comply with all of the conditions and requirements related to, but not limited to, permitting, signage, funding, reporting, and project completion. Failure to do so may result in cancellation of project approval and rescission of funds awarded. A Signature of Contact Person:' Date: l — `2,— Q (We must have a signature to proces"s?our application) Return to: Konrad McDannel Republic Services Municipal Marketing Coordinator 2130 W Franklin Rd Meridian, ID 83642 kmcdannel@republicservices.com For More Information Please Contact: Konrad MCDannel 208-685-7748; or kmcdannel@republicservices.com Revised 0212612014; 2017 Page 4 of 4 Item # 132LRRPS On Kay Park Recreation Corp. KT[-"mst-jT A -- Kay Park Recreation Corp. 1301 Pine Street, Janesville, IA 50647 Toll Free: (800) 553-2476 - Telephone: (319) 987-2313 - Fax: (319) 987-2900 E -Mail: Sales@KayPark.com - Website: www.KayPark.com All Cateciories > Trash Receptacles > 132LR Series Litter Receptacles > Item # 132LRRPS larger image Specifications Plank Desc. Color Options Mounting w/Options Item # 132LRRPS Price $367.00 Page 1 of 1 Kay Park's 132LR Series original 32 gal. litter receptacle offers an attractive container for any setting_ Slats are 2 x 4 inch and available in pressure treated yellow pine, redwood, or recycled plastic. For in -ground mount (IG), add $8,00, For surface mount (SM). add $3300. Lids and liners sold separately. Recycled Plastic Brown Ria Cedar RP Gray RP Free Standing In -Ground Mount($8 00) Surface Mount($33 00) Capacity 32 Gal. Weight 128 lbs 1 Due to computer monitor variations actual product colors may vary from colors shown on website - Print I ebsite_ Print' Back 1 http:l/catalog.kaypark.com/printiteni/park-svc-equip-trash-receptacles' 1321r -series -litter -r... 10/12/2017 ATTACHMENT B. PROPOSED SIGNAGE Signage would be a 3" x5" brass plaque affixed to each litter recptacle and could include the following language. albeit edited. FUNDING FOR THIS LITTER RECEPTACLE WAS PROVIDED BY THE MERIDIAN COMMUNITY RECYCLING FUND. 0f & is M q+1k C Kay Park ReQeation Sales Quote Making People Places, People Friendly Since 1954 Page 1 of i Sales@kaypark.com; www.kaypark.com Quote ID: 1012170110 1301 Pine Street Quote Date: 1011212017 Janesville, IA 50647-1028 Date Printed: 1011212017 Phone: 800-553-2476; Fax: 319-987.2127 Prepared By. ROSTECK, LORRAINE .10 CTYMID Quote To: CITY OF MERIDIAN 33 EAST BROADWAY AVE STE 106 MERIDAN,10 83642 Contact: MRS Phone: 208-371-2788 Fax: 208-898-5501 E -Mail: MBARTON@MERIDANCITY ORG BGHTB4 CITYOF Ship To: CITYOF MERIDIAN 1700 W LANARK STREET MERIDAN ID 83642 Carrier: XPO Payment Terms: Net 30 Days 24 Hour Call Ahead Uftgale E] Residential Delivery Item Model and Description (Below) Color Information (If Applicable) List Price Disc (%) Net Price Qty Item Total --------------------------------------------------------------------------------- 1. 132LRRPIG $385.00 5 $365.75 35 $12.801.25: LITTER RECEPTICAL 32 GAL, 18 RECYCLED PLASTIC SLATS, INGROUND MOUNT CHOOSE COLOR _ �2 3032LRSM - - - ________-=-======—$3300-==5===$31_35 15 $470.251. SURF MOUNT PEDESTAL POST ASSEMBLY WNDSOR OR 132LR SERIES) ; ` - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 0 - -------------------------------------------- - - - - --—--------------------------- Total Weight: 3836 Lbs. ,„ Sub -Total: $13,271.50 --------------------------------------------------- Freight: $1,133.00 ; Total Amount: $14,404.50 ; < ---------------------------- -- ------------------------------------------- ght charges do not include off loading unless liftgate is checked. Freight charges may vary due to fuel surcharges. Quote valid for 30 days. Site preparation not included. Assembly preparation not Included. Fn � § ° m§ \ / ] o. . O . � m ■� | o , �■$ PT) §§ = me — §0ZT) 2§ - - e2a F ~ O' o o (mm GI @ -n -n ) 0 2�§ N q§ ■ §m Q §� ) ■ G) k g§ Z 9) E i) X & u ° °! § \ ./t `| k r § 7 F 2 Fn 8 Co $§ o® 2 m § �k 3 M Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Information Technology: Annual Department Report 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 Information Technology Annual Update DAVE TIEDE - CIO IT Team & Services Service Desk GIS Services Infrastructure Services Software Engineering Business Analysis & Project Management Service Desk Jared Day – Support Intern Nathan Montgomery – Graphics Intern Stephanie Beck - Asset Mgmt Coordinator Vacant - Support Tech Ryan Dusenbury – Support Specialist Cliff Kessinger – Support Specialist Paul Masselli – Service Desk Manager Software Engineering / GIS Nick Phares – Software Engineer Dwain Nell - Software Engineer Ryan Schafer - Software Engineer Catherine Roebuck – Web Developer Mike Tanner – Software Engineering Manager Matt Hoffman - GIS Analyst Doug Green - GIS Developer Infrastructure / Systems Analysis & PM Eli Daniel – Network Administrator Jamie Beehn – System Administrator Kristy Vigil – Systems Analyst / Project Mgr Dave Tiede - CIO IT - Organizational Chart Chief Information Officer Dave Tiede IT Intern (Graphic) Nathan Montgomery Support Specialist Cliff Kessinger Support Technician Vacant Software Engineering MGR Mike Tanner Software Engineer Ryan Schafer Software Engineer Dwain Nell IT Intern (Support) Jared Day Web Developer Catherine Roebuck GIS Analyst Matt Hoffman Software Engineer Nicholas Phares IT Systems Analyst/ Project Manager Kristy Vigil Systems Administrator Jamie Beehn Support Specialist Ryan Dusenbury IT Asset Mgmt. Coordinator Stephanie Beck Network Administrator Eli Daniel Software DevelopmentGIS ServicesService Desk Infrastructure Services Service Desk Mgr Paul Masselli GIS Developer Doug Green Systems Analysis / Project Management Highlights from 2017 Council Chambers Technology Refresh Cyber Security Assessment Public Records Request (PRR) Software GIS Database Redesign Council Chambers Technology Refresh Improved Citizen experience Better / easier streaming Better options for round table meetings Flexibility for customization Cyber Security Assessment Cyber security assessment performed Our security was described as above the average Multiple takeaways Cyber Security Awareness Training Fire Sharing Identity Management Monitoring Public Records Request (PRR) Software Better tracking and visibility Efficiencies & Ease of Use Quicker Turnarounds Will be rolling out to Police GIS Database Redesign Less frequent downtime Implemented naming standard Designed for web mapping Editing environment more reliable In Progress and Upcoming Strategic Objective 3.C.3 SAN / Server replacement Website redesign CFP Fund requests PD network outage MS Office Strategic Objective 3.C.3 3.C.3. Develop and implement technological and communications contingency plans and programs for continuity of City operations. IT Disaster Recovery & Continuity Plan Prioritization of needs Vendor assistance plan SAN / Server Replacement Moving to hyper converged Easier administration DR built in Windows Server 2016 / SQL 2016 Website Redesign Moving away from CMS Users can still maintain content Faster page loads Better SEO Improved accessibility Comprehensive Financial Plan Software Central location Improve process Prioritization information View historical information Replacement Items for FY2018 Network Hardware Microsoft Office Microsoft Exchange (Email) Questions? Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: City Clerk's Office: Annual Department Report 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 2017 Department Report www.meridiancity.org City Clerk’s Office C.Jay Coles, City Clerk December 12, 2017 City Clerk’s Office Staff www.meridiancity.org C.Jay Coles, City Clerk VACANT, Deputy City Clerk Nancy Radford, Assistant City Clerk Sheree Finch, Assistant City Clerk Charlene Way, Assistant City Clerk Hillary Bodnar, Commissions & Committees Specialist Barbara Shiffer, Administrative Assistant City Clerk’s Office – 2017 Department Report Staffing Changes www.meridiancity.org •Machelle Hill, Deputy City Clerk, departed after 13 years with the City! (Served with 4 City Clerks) •Hillary Bodnar joined our team from Finance as the Commissions and Committees Specialist City Clerk’s Office – 2017 Department Report What We Do www.meridiancity.org •Custodian of the City Seal, Ordinances and Records •Manage main phone line for City Hall •Public Records Requests •Administer Records Retention Schedule •Receive Claims •Passport Acceptance Facility •Public Hearing Notices •Legislative Support (Council, Commission, Committee) •Public Meeting Management •Elections •Permits & Licenses •Temporary Use •Mobile Sales •Beer, Wine, Liquor, Alcohol Catering •Pawn Broker •Precious Metal •Dog Tags City Clerk’s Office – 2017 Department Report 2017 By the Numbers www.meridiancity.org •Land Use Applications Submitted: 148 (9.9% ) •Number of Notices Mailed: 4,668 •Number of NextDoor Notices: 71,035 •Public Records Requests: 290 (30% ) •Licenses Issued: 592 (3.6% ) •Phone Calls Received: 24,352 •Passports Processed: 3,125 ($78,125) (34.6% ) City Clerk’s Office – 2017 Department Report 2017 Snapshot www.meridiancity.org •City Election •Early Voting @ City Hall: 559 •10.8% of registered voters voted •10% cast ballots early •NovusAgenda •Updated Temporary Use Code •Extended time for temporary sales units from 90 to 120 days •Removed Citizen Use Permits •Aligned with ACHD timelines and processes •Executed first ever city wide records destruction •Updated Records Retention Schedule City Clerk’s Office – 2017 Department Report 2017 Snapshot Continued www.meridiancity.org •Easement Process •Chambers Technology •NextDoor Noticing •Paws in the Park •Youth Work Life Skills Intern – Ella Kramer City Clerk’s Office – 2017 Department Report In Progress www.meridiancity.org •Public Records Request Software Application •Accela Citizen Access (ACA) for permit/license application and issuance •Alcohol Catering Permit •Dog License •2nd Records Destruction per Schedule •Streaming Commission Meetings •Filling Deputy City Clerk Position City Clerk’s Office – 2017 Department Report Website Update www.meridiancity.org City Clerk’s Office – 2017 Department Report Citywide Strategic Plan www.meridiancity.org •5C1 – Research and identify a catalog of long-term funding mechanisms and contributors for supporting arts and culture (100% complete) •5C2 – Develop a Plan to infuse art in public spaces (30% complete; December 2018 anticipated completion date) •5C3 – Connect to the artisan community and promote the education of utilitarian art forms and their historical significance/value in our community (85% complete; September 2018 anticipated completion date) City Clerk’s Office – 2017 Department Report C.A.R.E. Values Successes www.meridiancity.org “Thank you for serving our community” “You all seem to be responsive to the needs of your constituents” “I’m so glad you took a moment to explain what actually did happen” “Thank you so much for getting this back to me so quickly. I appreciate your help!” City Clerk’s Office – 2017 Department Report www.meridiancity.org City Clerk’s Office – 2017 Department Report Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Legal: Proposed Updates to Nuisance Code 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 DRAFT 11/14/17 UPDATES TO NUISANCE CODE PAGE 1 OF 6 CITY OF MERIDIAN ORDINANCE NO. ________________ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, REPEALING AND REPLACING TITLE 4, CHAPTER 2, MERIDIAN CITY CODE, REGARDING NUISANCES, SPECIFICALLY: DEFINITIONS; RESPONSIBLE PARTY; PROCEDURES AND PENALTIES FOR ABATABLE NUISANCES; PROCEDURES AND PENALTIES FOR GENERAL NUISANCES; HINDERING AUTHORIZED PERSON; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code section 50-317, cities are empowered to cause all sidewalks and alleys to be cleared of snow, ice, rubbish, and weeds, and to abate nuisances on private property within the city, and to assess the cost thereof against the property so abated; WHEREAS, in addressing abatable nuisance conditions, the City’s primary objective is the expedited abatement of same, with the deterrence of ongoing or repeated incidences of such nuisance conditions through criminal prosecution and penalties as a secondary enforcement tool; WHEREAS, in addressing general nuisance conditions, the City’s primary objective is deterring ongoing or repeating incidences of such nuisance conditions through criminal prosecution and penalties; WHEREAS, the City Council of the City of Meridian finds that these updates to the City of Meridian Nuisance Code are in the best interest of the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 4, Section 2, Meridian City Code, shall be repealed, and replaced with language to read as follows: 4-2-1: DEFINITIONS: A. GRAFFITI: Any inscription, work, figure, symbol, drawing, mark, or design that is marked, etched, scratched, drawn, or painted on any real or personal property or improvement, including, but not limited to, walls, fences, gates, pavement, buildings, rocks, trees, bridges, streets, sidewalks, and/or signs, whether such property is public, private, temporary, or permanent, without the consent of the owner of such property or the owner’s authorized agent, and which inscription, work, figure, symbol, drawing, mark, or design is visible from any publicly accessible location. B. JUNK VEHICLE: Any vehicle, or parts thereof, which: 1. Cannot be safely operated under its own power; 2. Is missing any one of the following: foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirrors, windshield wipers, or adequate fenders; DRAFT 11/14/17 UPDATES TO NUISANCE CODE PAGE 2 OF 6 3. Has been declared salvage, or has been physically damaged to the extent that the cost of parts and labor minus the salvage value would make it uneconomical to repair or rebuild such vehicle; or 4. Is otherwise in a wrecked, partially dismantled, inoperative, or dilapidated condition. This definition shall not include junk vehicles lawfully stored or parked pursuant to the operation of a lawfully conducted business, industry or commercial enterprise. C. NUISANCE: Anything which unreasonably injures or offends the health or senses; obstructs the free passage, comfortable enjoyment, or customary use of public or private property; or creates an actual or potential safety, health, or fire hazard. Nuisances shall include, but shall not be limited to, the following conditions designated as abatable nuisances and as general nuisances: 1. ABATABLE NUISANCE: Nuisance conditions that may be abated by the city in accordance with the provisions of this chapter, specifically including, without limitation, the following nuisance conditions: a. Nuisance weeds. b. Graffiti, on any surface. c. Snow or ice on any public sidewalk abutting or adjoining any privately owned premises. d. Vegetation, other than trees, that impedes or obstructs a public sidewalk or roadway. 2. GENERAL NUISANCE: Nuisance conditions that may lead to criminal charges without any prior attempt by the city to obtain abatement thereof, specifically including, without limitation, the following nuisance conditions: a. Nuisance materials on the ground, except that this definition shall not include the incidental leakage of nuisance materials from registered vehicles lawfully moving or parked upon a public right of way; the lawful application of pesticides or herbicides for purposes of controlling pests or weeds; or activity otherwise specifically allowed by law or by written permit issued by the city or other governing authority. b. Personal property on any portion of a public sidewalk, except as specifically allowed by law or by written permit issued by the city or other governing authority. c. One or more junk vehicle(s), where such junk vehicle is not enclosed in any structure or otherwise concealed from public view pursuant to title 11 of this code. d. Stagnant or impure water which causes or creates an offensive, unhealthy, or unsanitary condition. e. Refuse, vegetative decay or any decaying substance, garbage or filth of any kind which is exposed to the elements and which causes or creates an offensive, unhealthy, or unsanitary condition. f. Discarded matter which has no substantial market value, is exposed to the elements, and is not enclosed in any structure or otherwise concealed from public view, including, but not limited to: rubble, litter, asphalt, concrete, plaster, tile, cardboard, paper, scrap wood, scrap metal, tires, broken glass, and/or other dilapidated or deteriorating personal property. g. The accumulation of and/or failure to lawfully dispose of solid waste on any commercial or residential premises. h. Any building or structure that is so dilapidated or is in such condition as to menace the public health or the safety of persons or property due to increased fire hazard or other hazard. i. Any nuisance condition not otherwise enumerated in this chapter. Commented [EK1]: The definitions of abatable and general nuisance were separate; proposed update moves them under nuisance for clarity Also combined definition of these nuisances and provisions describing prohibited nuisances (formerly in 4-2-2). Commented [EK2]: Added this nuisance – this condition is common and suitable for City abatement. Nuisance trees are handled by City Arborist Elroy Huff, but we currently have no provision for bushes and other vegetation that blocks the sidewalk. Commented [EK3]: Moved these nuisances to the general nuisance section – these are issues that the property owner must address. They are not well suited for City abatement. DRAFT 11/14/17 UPDATES TO NUISANCE CODE PAGE 3 OF 6 D. NUISANCE MATERIALS: Hazardous, noxious, dangerous, or offensive materials, including, but not limited to, oil, gasoline, fuel, antifreeze, paint, pesticides, or herbicides. E. NUISANCE WEEDS: Undesirable plant growth, whether living or dead, which: 1. Is over eight inches (8") in height; 2. By reason of size, manner of growth, location, or dryness, constitutes a safety, health, or fire hazard to any person, building, improvement, crop, or other real or personal property; 3. By reason of size, manner of growth, or location, impedes or obstructs a sidewalk or roadway or any portion thereof; or 4. Is designated as a noxious weed by the state of Idaho. This definition shall not include cultivated grasses and pastures, though such vegetation may be declared a nuisance where otherwise appropriate. 4-2-2: RESPONSIBLE PARTY: Responsible Party: Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited, the owner of record, as reflected on the most recent assessment roll, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Such owner of record shall be subject to any and all penalties imposed as set forth herein, and shall be responsible for payment of any and all costs incurred in abating the nuisance. The owner of record shall bear the burden of rebutting this presumption. 4-2-3: ABATABLE NUISANCES; PROCEDURES AND PENALTIES: A. Applicability: The procedures set forth in this section shall apply to abatable nuisances. B. Abatable Nuisance Unlawful. It shall be unlawful for any owner, occupant, user, or person in charge or control of any property to create, cause, commit, maintain, or allow the existence of any abatable nuisance on such property, or upon any street, sidewalk or public right of way abutting such property including the area behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. Further, it shall be unlawful for any person to create, cause, allow, or commit any nuisance upon any public property, right of way, or infrastructure, including sidewalks, streets, gutters, or storm drains. C. Procedure: If it is determined by a code enforcement officer that an abatable nuisance exists, the code enforcement officer shall cause a notice of violation and order to abate to be issued to the owner, occupier, and/or person in control of such property. Such notice and order shall contain the street address and parcel number of the property, describe the nuisance existing thereon, order the abatement of the nuisance, establish the time period for abatement, specify the penalty for noncompliance, and describe the opportunity and time for appeal. The code enforcement officer shall issue such notice and order to the owner, occupier, or person in control of the property on which the nuisance exists in one of the following ways: 1. By personal service upon such owner, occupier, or person in charge or control of the property; or 2. By regular mail to such owner, occupier, or person in charge or control of the property, at the address shown on the last available assessment roll, or as otherwise known; or Commented [EK4]: Combined definition and description/exemptions (that were in 4-2-2) into one place. Commented [EK5]: Combined definition of nuisance weeds and provisions describing prohibited weeds (that were in 4-2-2). Commented [EK6]: No proposed change to this language, but the description of the prohibited nuisances that were in this section were moved to the definitions section. Commented [EK7]: New provision that clarifies responsible party’s obligation – makes it clear that abatable nuisances, if not addressed, are referred to criminal court. No other changes to this section are proposed. DRAFT 11/14/17 UPDATES TO NUISANCE CODE PAGE 4 OF 6 3. By posting such notice and order at a conspicuous place on the property and publishing one notice in the official newspaper of the city that the property has been posted in accordance with this chapter and ordering the owner, occupier, or person in charge or control of the property. D. Time Period For Abatement: It shall be the duty of the owner, occupier, or person in charge or control of any property where any abatable nuisance exists, to abate such nuisance within five (5) calendar days from the date of personal service, mailing, or publication, except that the code enforcement officer may require summary abatement of an abatable nuisance where such condition presents an imminent or ongoing threat to or impairment of human health or safety. Abatement of graffiti shall meet the following standards: 1. The removal of such graffiti shall not follow the pattern of the graffiti such that the inscription, work, figure, symbol, drawing, mark, or design of such graffiti remains apparent. 2. The removal of such graffiti by painting over it shall be reasonably similar or identical to the original color of the surface upon which such graffiti was applied. 3. If the surface is heavily covered with graffiti, the entire surface shall be repainted. E. Appeal: Within five (5) calendar days from the date of service, mailing, or publication of the notice of violation and order to abate, the owner, occupier, and/or person in charge or control of the subject property may appeal to the city council by filing a written appeal with the city clerk, which appeal shall enumerate the grounds for appeal. The city clerk may schedule such appeal for hearing at the next regular meeting of city council. City council shall consider written and oral testimony from the appellant and shall affirm, withdraw, or modify the order to abate. The decision of the city council shall be final. If city council affirms the order, the appellant shall have five (5) calendar days from the date of such affirmation to abate the nuisance as ordered. F. Criminal Penalties: If, following notice of violation and order to abate, any person allows the existence of an abatable nuisance, such person shall be guilty of a misdemeanor. Each and every day in which any such violation continues may be deemed a separate offense. Upon conviction for a violation of this section, the city shall request from the criminal court an order of restitution for any and all costs of abatement and/or other related costs incurred by the city. Peace officers and code enforcement officers shall have the authority to issue uniform citations to violators of this section. G. Civil Penalties: In addition to any other penalties described in this section, the city may also take civil action to obtain an order enjoining the ongoing maintenance of such property free from nuisance, and/or to recover any and all costs of abatement, enforcement, litigation, and/or prosecution including, but not limited to, attorney fees and court costs. H. Abatement; Administrative Penalties: In addition to pursuing criminal and/or civil penalties, and notwithstanding the imposition of any civil or criminal fine, penalty or imprisonment, the code enforcement officer, after providing notice and hearing as provided herein, may abate or cause the abatement of any abatable nuisance where the owner, occupant, agent or person in control of property does not comply in all respects with an order to abate, the code enforcement officer may abate or cause the abatement of such nuisance. The owner, occupier, and/or person in charge or control of the subject property shall be billed, assessed, and/or held responsible for any and all actual expenses of such work, and any related charges, including fees and fines that may be imposed pursuant to this chapter and/or adopted by fee schedule, pursuant to the following procedures: DRAFT 11/14/17 UPDATES TO NUISANCE CODE PAGE 5 OF 6 1. Recovery of Abatement Costs And Fees: Within thirty (30) days of abatement of the nuisance, the city shall send to the owner, occupier, and/or person in charge or control of the subject property, by regular mail, a billing statement requiring payment to city the costs of abating the nuisance and administrative fee as established by fee schedule. 2. Nonpayment of Abatement Costs: If full payment is not made to city within fifteen (15) days of the mailing of the billing statement requiring payment of abatement costs and fees, the city may: a. Attempt to recover such amount through the city bill collection procedures; b. Add the amount due and owing to the municipal utility service account related to the property on which the nuisance was abated and collect such amount in accordance with utility bill collection procedures; and/or c. Levy a special assessment against the subject property pursuant to Idaho Code sections 50- 1008 and 50-334 and/or any subsequently adopted or otherwise applicable laws. Notice of the special assessment shall be sent by regular mail to the owner of the subject property, and shall state the address and parcel number of the subject property, date of abatement action taken, and state the amount to be assessed, including any applicable administrative and/or late fees, and shall state that if the assessment is not paid within thirty (30) days, the assessment will be placed on the real property tax rolls and will become a lien against such property. If payment to the city clerk is not made within thirty (30) days after mailing the notice of special assessment, the assessment shall be declared delinquent and shall be certified, including a ten percent (10%) late fee, to the Ada County assessor by the city clerk, not later than August 1 of each year. Upon such certification, the assessment shall be placed upon the tax roll and shall thereafter become a lien against the property described in the notice and shall be collected in the same manner and subject to the same penalties as other city taxes. Upon payment of the assessment, fees and penalties in full, the city clerk shall file a release of lien with the Ada County assessor. I. Summary Abatement: Nothing contained herein shall prevent a code enforcement officer, peace officer, or fire marshal from requiring, undertaking, or causing summary abatement of an abatable nuisance where such condition presents an imminent or ongoing threat to or impairment of human health or safety. J. Noxious Weeds: In addition to other remedies set forth in this chapter, the code enforcement officer may notify Ada County of the presence of any noxious weeds. 4-2-4: GENERAL NUISANCES; PROCEDURES AND PENALTIES: A. Applicability: The procedures set forth in this section shall apply to general nuisances. B. General Nuisance Unlawful. It shall be unlawful for any owner, occupant, user, or person in charge or control of any property to create, cause, commit, maintain, or allow the existence of any general nuisance on such property, or upon any street, sidewalk or public right of way abutting such property including the area behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. Further, it shall be unlawful for any person to create, cause, allow, or commit any nuisance upon any public property, right of way, or infrastructure, including sidewalks, streets, gutters, or storm drains. Commented [EK8]: This addition authorizes the City to collect the cost of nuisance abatement from the property owner by adding it to the City utility bill. Commented [EK9]: New provision that clarifies responsible party’s obligation – makes it clear that abatable nuisances, if not addressed, are referred to criminal court. No other changes to this section are proposed. DRAFT 11/14/17 UPDATES TO NUISANCE CODE PAGE 6 OF 6 C. Criminal Penalties: Any person who causes, creates, or allows the existence of any general nuisance shall be guilty of a misdemeanor. Each and every day in which any such violation shall continue shall be deemed a separate offense. Peace officers and code enforcement officers shall have the authority to issue uniform citations to violators of this section. Issuance of notice of violation and order to abate shall not be a mandatory prerequisite to issuance of a uniform citation under this section. D. Civil Penalties: In addition to any other penalties described in this section, the city may also take civil action to obtain an order mandating the abatement of such general nuisance and ongoing maintenance of such property free from nuisance, and/or to recover any and all costs of enforcement, litigation, and/or prosecution including, but not limited to, attorney fees and court costs. E. Summary Abatement: Nothing contained herein shall prevent a code enforcement officer, peace officer, or fire marshal from requiring, undertaking, or causing summary abatement of a general nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety. 4-2-5: HINDERING AUTHORIZED PERSON: It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized city official or employee to enter upon private or public property to enforce the provisions of this chapter. Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Community Development: Meridian's Slum and Blight Plan and Area Designation 1. Resolution No. 17-2052: A resolution approving submission and adoption of the City of Meridian Slum and Blight Plan and Area Designation to the United States Department of Housing and Urban Development; authorizing the Mayor and City Clerk to execute and attest the same on behalf of the City of Meridian; and approving an effective date. 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 CITY OF MERIDIAN RESOLUTION NO. /7—)05) BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, LITTLE ROBERTS, PALMER A RESOLUTION APPROVING SUBMISSION AND ADOPTION OF THE CITY OF MERIDIAN SLUM AND BLIGHT PLAN AND REDEVELOPMENT AREA DESIGNATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, any federal Community Development Block Grant ("CDBG") entitlement program can utilize the federal program's national objective focused at eradicated slum and blight in the entitlement community; and WHEREAS, the United States Department of Housing and Urban Development ("HUD") requires any entitlement community to assess, define, and designate a particular geographic area in the given community as experiencing slum and blight conditions in order to fund projects based on that slum and blight national objective; and WHEREAS, HUD requires that the use of CDBG funds and other funding sources in such areas requires that such areas be assessed and formally designated as "redevelopment areas" in order to prevent or eliminate the physical decline of an area and create a safe, healthy, and pleasing environment for resident, the business community, adjacent neighborhoods, and its residents and Meridian residents at -large, as well as persons visiting the area; and WHEREAS, HUD requires any such assessment and designation be performed and approved in accordance with local and state code defining the characteristics of a slum and blight area; and WHEREAS, HUD requires any such plan and redevelopment area designation be formally approved by local government officials and submitted to HUD for final approval and acceptance of the Slum and blight redevelopment area designation and allowance to fund projects under the slum and blight national objective; and WHEREAS, the City of Meridian has not ever officially planned, designated, or submitted a slur- and blight redevelopment area or plan within City's geography; and WHEREAS, the City has completed the Meridian, Idaho Redevelopment Report: A Housing and Urban Development Slum & Blight Assessment ("Slum and Blight Plan"), defining and designating a slum and blight redevelopment area in Meridian for approval, designation, and submission to HUD; and WHEREAS, the real property and improvements situated within the specified mapped areas (as defined in the Slum and Blight Plan) of the City of Meridian, Idaho are in need of economic development, rehabilitation of deteriorated property, and the improvement of and/or new construction of infrastructure. RESOLUTION ADOPTING CDBG DOCUMENTS Page 1 OF 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Slum and Blight Plan, as attached hereto, be, and the same hereby are, adopted as to both form and content. Section 2. That the real property and improvements situated in the specified mapped "slum and blighted" areas of the City of Meridian (as defined in the Slum and Blight Plan) are hereby designated a slum and blight "redevelopment area" in accordance with 24 CFR 570.208(b). Section 3. That the Mayor and the City Cleric be, and they hereby are, authorized to respectively execute and attend the certifying documents for the Slum and Blight Plan. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of City of Meridian, Idaho this day of .2017. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2017. APPROVED: Mayor Tammy de Weerd RESOLUTION ADOPTING CDBG DOCUMENTS —Page 2 OF 2 ATTEST: LIM C.Jay Coles, City Clerk CITY OF MERIDIAN RESOLUTION NO. /7—)05) BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, LITTLE ROBERTS, PALMER A RESOLUTION APPROVING SUBMISSION AND ADOPTION OF THE CITY OF MERIDIAN SLUM AND BLIGHT PLAN AND REDEVELOPMENT AREA DESIGNATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, any federal Community Development Block Grant ("CDBG") entitlement program can utilize the federal program's national objective focused at eradicated slum and blight in the entitlement community; and WHEREAS, the United States Department of Housing and Urban Development ("HUD") requires any entitlement community to assess, define, and designate a particular geographic area in the given community as experiencing slum and blight conditions in order to fund projects based on that slum and blight national objective; and WHEREAS, HUD requires that the use of CDBG funds and other funding sources in such areas requires that such areas be assessed and formally designated as "redevelopment areas" in order to prevent or eliminate the physical decline of an area and create a safe, healthy, and pleasing environment for resident, the business community, adjacent neighborhoods, and its residents and Meridian residents at -large, as well as persons visiting the area; and WHEREAS, HUD requires any such assessment and designation be performed and approved in accordance with local and state code defining the characteristics of a slum and blight area; and WHEREAS, HUD requires any such plan and redevelopment area designation be formally approved by local government officials and submitted to HUD for final approval and acceptance of the Slum and blight redevelopment area designation and allowance to fund projects under the slum and blight national objective; and WHEREAS, the City of Meridian has not ever officially planned, designated, or submitted a slur- and blight redevelopment area or plan within City's geography; and WHEREAS, the City has completed the Meridian, Idaho Redevelopment Report: A Housing and Urban Development Slum & Blight Assessment ("Slum and Blight Plan"), defining and designating a slum and blight redevelopment area in Meridian for approval, designation, and submission to HUD; and WHEREAS, the real property and improvements situated within the specified mapped areas (as defined in the Slum and Blight Plan) of the City of Meridian, Idaho are in need of economic development, rehabilitation of deteriorated property, and the improvement of and/or new construction of infrastructure. RESOLUTION ADOPTING CDBG DOCUMENTS Page 1 OF 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Slum and Blight Plan, as attached hereto, be, and the same hereby are, adopted as to both form and content. Section 2. That the real property and improvements situated in the specified mapped "slum and blighted" areas of the City of Meridian (as defined in the Slum and Blight Plan) are hereby designated a slum and blight "redevelopment area" in accordance with 24 CFR 570.208(b). Section 3. That the Mayor and the City Cleric be, and they hereby are, authorized to respectively execute and attend the certifying documents for the Slum and Blight Plan. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of City of Meridian, Idaho this day of .2017. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2017. APPROVED: Mayor Tammy de Weerd RESOLUTION ADOPTING CDBG DOCUMENTS —Page 2 OF 2 ATTEST: LIM C.Jay Coles, City Clerk Planning Department 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org December 13, 2017 Murrianna Thomson Representative, Community Planning and Development Oregon State HUD Office Edith Green-Wendell Wyatt Federal Building 1220 SW 3rd Avenue, Suite 400 Portland, OR 97204-2825 Dear Ms. Thomson: Enclosed please find the City of Meridian’s Official Slum and Blight Plan and Designation. This plan was approved through resolution for submission by the Meridian City Council at the December 12, 2017 City Council meeting. Please contact the City if you have any questions, or if further clarification is needed. All questions can be directed to me at cpope@meridiancity.org, or by phone at 208-489-0575. Thank you and your staff for all of the assistance and support over the past year. I look forward to continue working with Portland staff in the upcoming program year. Sincerely, Mayor Tammy de Weerd Mayor of Meridian, Idaho REDEVELOPMENT REPORT A Housing And Urban Development Slum & Blight Assessment 2 0 1 7 JUNE REDEVELOPMENT REPORT | JUNE 2017 i | P a g e TABLE OF CONTENTS Executive Summary ....................................................................................................................................... 1 Introduction .................................................................................................................................................. 2 Methodology ................................................................................................................................................. 3 Findings ........................................................................................................................................................ 8 Recommendations ...................................................................................................................................... 13 LIST OF FIGURES 1 – Study Area ............................................................................................................................................... 1 2 – Slum and Blight Rating Scale ................................................................................................................... 6 3 – Condition Assessment Results ............................................................................................................... 7 4 – Contributing Factor (Sidewalks) ............................................................................................................. 9 5 – Contributing Factor (Facades) .............................................................................................................. 10 6 – Contributing Factor (Landscaping) ....................................................................................................... 11 TABLES 1 – Improvement Projects .......................................................................................................................... 14 2 – Slum and Blight Projects and Inventory Tracking ................................................................................. 15 APPENDICES A – Local Slum and Blight (Substandard) Criteria B – Blank Inventory Form C – Inventory Information Spreadsheet D – Map Book & Inventory Forms E – Resolutions REDEVELOPMENT REPORT | JUNE 2017 ii | P a g e ACKNOWLEDGEMENTS COMMITTEE MEMBERS Ashley Squyres, Meridian Development Corp. Administrator Brenda Sherwood, Economic Development Coordinator Brian McClure, Associate City Planner Caleb Hood, AICP, Planning Division Manager Chris Pope, Meridian CDBG Administrator Hillary Bodnar, Commissions and Committees Specialist Karen Wooddell, Accountant Keith Watts, Purchasing Manager CONSULTANT Lisa Bachman, AICP, PCED, Project Manager/Planner Travis Jeffers, Planner Addison Coffelt, Planning Technician Ryan Cosby, GISP, Mapping Specialist REDEVELOPMENT REPORT | JUNE 2017 1 | P a g e EXECUTIVE SUMMARY In the spring of 2017, the City of Meridian initiated a slum and blight inventory assessment of several properties within the downtown area. The purpose of this assessment is to evaluate whether the study area, or redevelopment area, shown in Figure 1, displays “Slum and Blight” conditions as defined by the U.S. Department of Housing and Urban Development (HUD); Idaho State Code Title 50, Chapter 20, Section 50-2009; Idaho State Code Title 50, Chapter 29, Section 8; and further defined at the local level through this study process. If 25% or more properties within the redevelopment area meet the criteria for slum and blight, the City of Meridian would attain the opportunity to utilize Community Development Block Grant (CDBG) entitlement funds to prevent or eliminate slum and blight conditions within the redevelopment area. After collecting all pertinent data, photos and performing onsite field inspections, the overall assessment of the area concluded that 78 of the 212 (36.79%) properties evaluated fell within the fair to poor rating category. FIGURE 1: STUDY AREA REDEVELOPMENT REPORT | JUNE 2017 2 | P a g e Slum and Blight Criteria and Qualifications In order to meet the criteria for slum and blight under HUD’s definition, the “designated area” which the activity occurs must meet the definition of slum, blighted, deteriorated or deteriorating area under state or local law. The area must meet either one of two principle conditions: 1. Public Improvements throughout the area are in a general state of deterioration; or 2. At least 25% of the properties throughout the area must exhibit one or more of the following:  Physical deterioration of buildings/improvements  Abandonment of properties  Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings  Significant declines in property values or abnormally low property values relative to other areas in the community; or  Known or suspected environmental contamination Based on field inspections, photos, and documentation collected, the redevelopment area shown in Figure 1 meets the HUD definition for slum and blight. The assessment concludes that more than 25% (36.79%) of the properties inventoried exhibit at least one of the above principle conditions, are in either fair or poor condition, display a general state of deterioration, and thus satisfy the state and local criteria for slum and blight. INTRODUCTION Established in 1893, the City of Meridian was once known for its farming and dairy presence throughout the state. As the fastest-growing city in Idaho, Meridian’s population has increased by 81.5% since 2000 (U.S. Census Bureau). The City’s agricultural history is remembered and celebrated during the Meridian Dairy Days annual event. The interurban railway was developed in 1908 as a means to ship dairy and fruit, and to provide convenient transportation for residents. Meridian, positioned around the railway, has since become the “Center of the Treasure Valley” and central hub for commercial and retail development in southwest Idaho. REDEVELOPMENT REPORT | JUNE 2017 3 | P a g e The City of Meridian, now home to an estimated 98,300 people [Community Planning Association of Southwest Idaho (COMPASS)], receives an annual CDBG distribution from HUD as an entitlement city. CDBG resources help fund various activities including the prevention or elimination of slum and blight. The section of downtown Meridian identified in Figure 1 was selected as the area to evaluate for slum and blight conditions. There is a mixture of commercial, industrial and residential properties throughout the study area. Some of the City’s oldest structures are located within the slum and blight study area . The historic and community-recognized properties throughout the study area demonstrate a place of historical importance, as well as an area going through transition. A combination of age, lack of newer development, competing outer growth and declining infrastructure contribute to the visible deterioration displayed throughout the study area. The slum and blight designation in this area would provide the opportunity to utilize CDBG entitlement funds to prevent or eliminate slum and blight conditions within the redevelopment area. METHODOLOGY The methodology to conduct this assessment was developed through a collaborative effort among City of Meridian staff and consultants that made up the overall project committee. State and Local Slum and Blight (Substandard) Criteria A definition of “substandard area” was developed by the committee based upon criteria defined by HUD, Idaho State Code 50-2903 (8) (b), and Meridian City Code, as well as a review of studies performed by neighboring cities. The qualifying factors per state and local definition include:  The existence of buildings and structures, or any part thereof, used or intended to be used for residential, commercial, industrial or other purposes, or any combination of those uses, which is conducive to ill health or endangers life by any cause.  The existence of inadequate infrastructure, public facilities, open spaces lacking accessibility or usefulness; streetscape and faulty lot layouts which contribute to the economic underdevelopment and deterioration of the area. REDEVELOPMENT REPORT | JUNE 2017 4 | P a g e  The economic underutilization of property resulting from inadequate planning, zoning or building code enforcement, such as obsolete platting, deterioration of structures or improvements, and diversity of ownership impairing sound growth of the surrounding community.  Continued depreciation and disinvestment to such an extent that the continued deterioration of the area negatively impacts the social and economic infrastructure of surrounding neighborhoods.  A loss of investment, population and utilization of an area, resulting in continued deterioration and added costs to the taxpayer for the creation of new public facilities, infrastructure and services elsewhere.  A state in which, by any reason, property is disadvantaged in the ability to attract private investment causing hindrance on the continued growth of the community. A document containing the Local Slum and Blight (Substandard) Criteria is included in Appendix A. Study Area In order to define the study area, core areas of concern were first identified by the committee. The study area focused primarily on downtown properties located outside of existing low-to-moderate (LMI) areas. Furthermore, natural features and barriers including principal arterial roadways (Meridian Road, Pine Avenue and Franklin Road) and the rail corridor further distinguished the study area. A thorough assessment of existing conditions (i.e. sidewalk gaps, capital improvement projects, etc.) and a review of qualified LMI boundaries, the committee established the study area shown in Figure 1. In total, the study area encompasses 141.92 acres and approximately 280 individual parcels including a mix of residential, commercial, industrial and vacant properties. The boundaries of a study (Slum and Blighted) area were determined by the domination of properties exhibiting neglect, abuse, or misuse. An area is presumed to be “dominated” by properties exhibiting these contributing factors if [no less than 50% of the properties within the area exhibit two or more of the eight conditions listed below OR no less than 25% of properties within the area exhibit three or more of the eight conditions listed below]. Conditions indicating neglect, abuse and/or misuse of property include, but are not strictly limited to, the above criteria as well as those factors noted in Appendix A. Meridian’s downtown district satisfies the state criterion through a combination of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, accessibility and usefulness REDEVELOPMENT REPORT | JUNE 2017 5 | P a g e and the existence of conditions which endanger life or property by fire and other causes resulting in the economic underdevelopment of the area substantially impairing the sound growth of the City of Meridian and retarding the provision of housing accommodations, and which constitutes an economic liability. Additionally, the area meets both of the conditions below (see Findings on Page 7 for detailed information): Public improvements throughout the area are in a general state of deterioration; and by having at least 25% of the properties throughout the area exhibit one of more of the following:  Physical deterioration of buildings/improvements;  Abandonment of properties;  Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings;  Significant declines in property values or abnormally low property values relative to other areas in the community; or  Known or suspected environmental contamination. Or  The public improvements throughout the area are in general state of deterioration. Field Inventory Once the definition of a substandard area was established and the study area identified, a slum and blight inventory form was developed. The inventory form captures the established local slum and blight criteria by separating each contributing factor individually. Data collected using the inventory form included: parcel number, property address, land use description, building age/year built, and property characteristics contributing to slum and blight conditions. An unmarked inventory form is included in Appendix B for reference. An Inventory Information Spreadsheet (Appendix C) was then developed to input field data from the inventory forms to provide both a historical point of reference for the City, and to produce a visual map of the data utilizing Geographic Information System (GIS). Field work commenced once the study area, local slum and blight criteria, inventory form, and inventory information spreadsheet were collaboratively established and finalized by the committee. Within the study area, 21 properties are owned/used for public purposes, including the City of Meridian, Ada County Highway District (ACHD), Idaho Power and Nampa Meridian Irrigation District, etc. These properties were excluded from the in-field study, but were factored into the overall slum and blight study area percentage (see Figure 3). Property photos were taken to capture each contributing factor documented at each property within the redevelopment boundary. The pictures were then linked to the inventory forms digitally for reference and all information collected from each property was added to the inventory information spreadsheet and uniquely identified by parcel number and physical address. Based upon the data collected, each property was then determined to be in excellent, good, fair, or poor REDEVELOPMENT REPORT | JUNE 2017 6 | P a g e condition. A numeric rating system was established to delineate the overall rating for each property. The scale shown in Figure 2 was used. FIGURE 2 – SLUM AND BLIGHT RATING SCALE Properties falling within the fair or poor rating scale qualify for slum and blight, per local definition. Figure 3 shows the condition assessment results. Appendix D includes a map book reflecting parcel numbers and conditions, along with completed inventory forms. A web-based GIS map file with clickable links containing inventory data can be accessed here: http://arcg.is/0e0Lfy The City’s Planning Division Manager, Caleb Hood, who has code interpretation authority oversaw, conducted, and certified all inventory assessments for each property reviewed in this study. Overall Rating Excellent Good Fair Poor No. of Contributing Factors (Per Local Substandard Criteria Established) 0-1 2-3 4-5 6 or more REDEVELOPMENT REPORT | JUNE 2017 7 | P a g e FIGURE 3 – CONDITION ASSESSMENT RESULTS REDEVELOPMENT REPORT | JUNE 2017 8 | P a g e FINDINGS The results of the assessment demonstrate that 36.79% of the properties evaluated meet the City’s slum and blight, or “substandard” criteria. HUD defines a redevelopment area by economic underdevelopment, deterioration of property, inadequate, unimproved and underperforming infrastructure, amenities and facilities, or any combination of these contributing factors that could be detrimental to the public’s safety, health or welfare. The local highway jurisdiction, ACHD, maintains roughly 4.6 miles of paved roadway including local, collector, and arterial roadways within the study area. In addition to the roadway, an estimated 23,945 linear feet of existing sidewalks and an additional 10,246 linear feet of sidewalk gaps exist within the redevelopment area. A total of 212 slum and blight inventory forms and several supporting pictures were documented on-site through a collaborative effort between consultants and City of Meridian staff. Approximately 48 parcels were not assigned individual inventory forms but were instead combined with other adjacent properties due to their related ownership status and/or existing land use. Using the rating system outlined herein, properties exhibiting four or more slum and blight characteristics rated either fair or poor and were considered eligible for slum and blight designation. The overall assessment of the area demonstrates that 78 of the 212 (36.79%) properties evaluated fall within the fair to poor rating category. Contributing Factor Results The top three leading factors that contribute to the slum and blight conditions within the study area include: 1. Contributing Factor 5B (Sidewalks) – Damaged or Missing Sidewalk, 94 Properties. See Figure 4. 2. Contributing Factor 3A (Facades) – Facades Characterized by Cracks, Holes, Peeling and/or Discoloration, 88 Properties. See Figure 5. 3. Contributing Factor 5F (Landscaping) – Neglected Landscaping, 60 Properties. See Figure 6. REDEVELOPMENT REPORT | JUNE 2017 9 | P a g e FIGURE 4 – CONTRIBUTING FACTOR (SIDEWALKS) REDEVELOPMENT REPORT | JUNE 2017 | P a g e FIGURE 5 – CONTRIBUTING FACTOR (FACADES) 10 REDEVELOPMENT REPORT | JUNE 2017 | P a g e FIGURE 6 – CONTRIBUTING FACTOR (LANDSCAPING) 11 REDEVELOPMENT REPORT | JUNE 2017 12 | P a g e Conclusion As shown in Figure 3, several properties along the north and south sides of the railroad corridor fall in the fair or poor category. The railroad corridor is predominately utilized for industrial and commercial purposes and makes up a significant share of land within the study area. Because of this, the rail corridor has a strong aesthetic impact on downtown Meridian and its surrounding uses. Throughout the area, inconsistent infrastructure exists including sidewalks, curb, lighting, parking, landscaping, and roadway improvements. As shown in Figure 4, 1.94 miles of sidewalk gaps exist in the study area, along with damaged, aged, cracked, up-rooted and non-compliant ADA (Americans with Disabilities Act) public facilities present throughout. Residential land uses occur throughout the study area, primarily concentrated south of the railroad tracks and east of Meridian Road. While this area is clearly defined by its age and location, it also provides great potential. Of the properties inspected, 57.5 percent had structures 50 years or older, five of which are designated historic through the National Register of Historic Places (NRHP). Several of the structures contribute to the slum and blight of the area because of their age, but also due to sustained deferred maintenance and inadequate surrounding infrastructure. Figure 5 shows that many of the older properties have façade-related contributing factors. Figure 6 shows properties with neglected landscaping/property. The examples below depict actual field photos of properties within the study area that provide an illustration of the existing conditions within the residential neighborhoods. The findings of this assessment establish a strong basis for defining the study area as a mix of older properties and intermittent newer development that presents characteristics often associated with slum and blight. REDEVELOPMENT REPORT | JUNE 2017 | P a g e RECOMMENDATIONS Improvement Projects Improvement projects to address slum and blight conditions may include but are not limited to sidewalks, ADA ramps, façade improvements, drainage facilities, curb, gutter, and other public infrastructure. Improvements would typically be coordinated/addressed/funded by the Meridian Development Corporation (MDC), Meridian Arts Commission (in some instances), COMPASS, ACHD, Idaho Transportation Department (ITD) or other agencies. Private property owners may also be willing to help address substandard conditions. Public-private partnerships could also be explored to address slum and blight conditions. FAÇADE PROGRAM Façade improvement programs are a good way to encourage and promote private investment. The MDC has an existing façade improvement program1 that could provide up to 50% in funding towards eligible projects that provide a public purpose or benefit. The City of Meridian could apply CDBG funds towards eligible projects if a viable opportunity arises, if funding levels permit, and as long as the project falls within the slum and blight redevelopment boundary. SIDEWALK IMPROVEMENTS The City of Meridian, MDC and/or ACHD could allocate a certain amount of funding on an annual basis to go towards sidewalk improvements. A funding request can be made to ACHD each year through the annual project prioritization process. Funding requests can also be made to COMPASS through the Communities in Motion (CIM) program, or ITD through the Transportation Alternatives Program (TAP). 1 MDC Façade Improvement Application link: http://www.meridiandevelopmentcorp.com/fy17-facade- improvement-application 13 REDEVELOPMENT REPORT | JUNE 2017 | P a g e PROJECT COORDINATION & COLLABORATION Table 1 includes a list of known planned and future improvements within the study area and identifies the possibility of leveraging CDBG funds to address slum and blight conditions. Table 1 – Improvement Projects Planned/ Possible Project Location Description Lead Agency In Study Area Expands Beyond Study Area In URA Area Possibility of leveraging CDBG funds E 3rd St, Franklin Rd/Carlton St Community Program: Construct streetscape improvements, including curb, gutter, sidewalk, and improved UPRR crossing, from Franklin Rd to Carlton Ave. ACHD X X X Yes, there are documented sidewalk gaps, façade issues, and neglected landscaping within the project limits. See Figures 4, 5 & 6. Main St, Central Dr/Fairview Ave Micro-seal, pavement management project scheduled for 2017 construction. ACHD X X X Not likely, 2017 construction; does not include any sidewalk improvements. Railroad Corridor through downtown and beyond A proposed pathway is identified for future development along the north side of the railroad corridor. City of Meridian X X X Possibly, there are documented sidewalk gaps, façade issues, and neglected landscaping within the project limits. See Figures 4, 5 & 6. Main St, Pine Ave/Carlton St Historic lighting on both sides of Main Street. Design of this phase of a larger master lighting plan effort has recently been completed. Funds have yet to be officially allocated/budgeted for construction. Additionally, there are façade improvement applications in the works for El Tenapa and Slyce properties within this project area. MDC X X X Possibly, façade issues are documented along Main Street within the project location. Lighting and the potential façade projects noted in the description would help with aesthetics and slum and blight conditions in the area. See Figure 5. Pine Ave, Meridian Rd/Locust Grove Rd Roadway improvements, sewer, water and irrigation improvements; historic lighting; and landscaping. ACHD, City of Meridian & MDC X X X Possibly, there are documented sidewalk gaps, façade issues, and neglected landscaping within the project limits. See Figures 4, 5 & 6. 703 & 713 N Main St Façade improvements: These projects are slated for a new, four-story, mixed-use development. These projects are slated for a new, four-story, mixed-use development. There is a Development Agreement in place for the project. 703 N Main will begin construction this summer (2017). 713 N Main is Phase II and will likely occur in 2019. MDC X X Yes, there are documented façade and neglected landscaping issues identified for these properties. See Figures 5 & 6. 14 REDEVELOPMENT REPORT | JUNE 2017 | P a g e On-going Evaluation Table 2 includes a summary of recommended action items, descriptions and timing associated with slum and blight projects and inventory tracking. Table 2 – Slum and Blight Projects and Inventory Tracking Item Description Timing Committee Meetings Conduct regular committee meetings to discuss project programming, funding coordination, progress, etc. Bi-Annually or Annually Project Tracking As projects are completed within the study area, update the Inventory Information Spreadsheet and Inventory Forms for tracking and reporting purposes. Bi-Annually Redevelopment Boundary As projects and requests/interest for improvements occur, re-evaluate the redevelopment boundary for potential expansion. Once expanded, conduct inventory field work of the properties within the expanded redevelopment area and update Inventory Information Spreadsheet and GIS file to reflect the new redevelopment boundary and inventory results. Annually Local Definition When and if the redevelopment boundary is expanded, re-evaluate the Local Definition for Slum and Blight conditions, Blank Inventory Form and Inventory Information Spreadsheet before conducting field work. Annually (minimum); 5 years (maximum) Inventory Form Inventory Information Spreadsheet GIS File Update the GIS shape file to reflect new conditions as projects are completed. Annually Redevelopment Report Update this Redevelopment Report when and if conditions change significantly within the study area and/or when and if the redevelopment area is expanded. This can be done in-house or with assistance from a consultant. 5 years 15 APPENDICES A – Local Slum and Blight (Substandard) Criteria B – Blank Inventory Form C – Inventory Information Spreadsheet D – Map Book & Inventory Forms E – Resolutions APPENDIX A Local Slum and Blight (Substandard) Criteria APPENDIX B Blank Inventory Form APPENDIX C Inventory Information Spreadsheet APPENDIX D Map Book & Inventory Forms APPENDIX E Resolutions COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 33. E. Broadway Ave., Suite 102 Meridian, ID 83642 (208) 884-5533 Ext: 1572 Meridian City Council Meeting DATE: December 12, 2017 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Community Development: Status Update of 2017 Comprehensive Plan Amendment 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 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 7F PROJECT NUMBER: ITEM TITLE: Community Development: Rim Policies Update MEETING NOTES bx Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS T E N M I L E L I N D E R LAK E H A ZE L O V E R L A N D CO LU MB IA AM IT Y M E R I D I A N E A G L E VICTORY B L A C K C A T RawsonCanal TenmileFeederCanal Kuna C anal R idenb a u g h Cana l Maso nCreek M c Donald Lateral H u nter L a teral NinemileCreek Calkins Lateral F a rr Lateral Te n m ile C re ek Su n d ell Lateral MasonCreekFeeder D I T C H HardinDrain RawsonCanal PointLateral P i e r c e L a t e r a l Kenne d y Lateral Cunningham Lateral EightmileCreek AndrewsLateral KunaCanal Eig ht mile Lateral McBirneyLateral N in emile C reek Ridenbaugh Canal CarlsonLateral R i d e n b a u g h H i g h Li n e C a n a l BeckdoltLateral PurdamGulchDrain CalkinsLateral FarrLateral Ten mile Cre ek ¬«69 Notification [ Legend Area of Impact Meridian City Limits LDR Future Land Use Rim Rim Area Parc els - Meridian Notification 0 1 20.5 Miles Print Date: 12/12/2017 M E R I D I A N L I N D E R MC M ILL AN H W Y 1 6 T E N M I L E M C D E R M O T T B L A C K C A T S T A T E S T A R CH I ND E N £¤16 E u r e k aCanal CanyonCanal P h y l l i sCana l LempCanal Pi o n e e rCana l MiddletonMillCanal ThurmanMillCanal FivemileCreek PhyllisSlough FoothillDitch NorthSlough LempC anal Eure k a Ca n al H a r t o nDavisCan a l SimpsonLateral B o i s e R i v e r Mid d l e t o n Mill C a n a l N Slough #1&Simpson Lateral N S l ough# 1 L a w r e nce K e n n e d y Can a l LempCanal MiddletonCanal PioneerCanal L a t e r a l 1 2 WhiteDrain WhiteDrain Fivem i l eCreekFe e d e r Lateral12C ZingerLateral PhyllisSlough Se v e n Suck e r sDitch B o i s e R i ver BoiseRiver L i t t l e P i o n e e r Canal SkyPilotDrain C r e a son L a t e ral NourseLateral Lateral12B Eightmile Lateral B o i s e R i v e r North Slough No.1Lateral WestTapSublateral FlakeLateral L a w r e n c e Kenn e d y C a n a l £¤26£¤26 ¬«44 Notification [ Legend Area of Impact Meridian City Limits LDR Future Land Use Rim Rim Area Parc els - Meridian Notification 0 1 20.5 Miles Print Date: 12/12/2017 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 7G PROJECT NUMBER: ITEM TITLE: Fire Department: Proposed Update to Public Fireworks Display Permit 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 DRAFT – 12/12/17 CITY OF MERIDIAN ORDINANCE NO. ________________ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING MERIDIAN CITY CODE SECTION 5-4-10, REGARDING PUBLIC FIREWORKS DISPLAY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Idaho State Fireworks Act of 1997 (Idaho Code §§ 39-2601 et seq.), specifically Idaho Code § 39-2605, authorizes the City of Meridian to require a permit for a public fireworks display; and WHEREAS, the protection of persons and property from unreasonable fire hazards is in the best interest of the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 5-4-10 shall be repealed, and replaced with language as follows: 5-4-10: PUBLIC FIREWORKS DISPLAY: A. No person, without having a valid City of Meridian Public Fireworks Display Permit issued pursuant to this chapter, shall possess or store dangerous fireworks for the purpose of public fireworks display, or cause dangerous fireworks to be possessed or stored for the purpose of public fireworks display, or discharge dangerous fireworks in any manner or for any use or purpose, or cause dangerous fireworks to be discharged in any manner or for any use or purpose. B. Public fireworks displays shall comply with regulations for the permitted display as regulated by NFPA 1123 Code for Fireworks Display (2014 edition), NFPA 1126 Standard for the Use of Pyrotechnics Before a Proximate Audiences (2016 edition), and NFPA 160 Standard for the Use of Flame Effects Before an Audience (2011 edition). C. Application for a public fireworks display permit shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following information: 1. Name, mailing address, physical address, phone number, and e-mail address of each and all of the following persons: applicant, owner of the property at which the display is to occur, and pyrotechnician operating the display. Comment [EK1]: Clarifies that discharge of dangerous fireworks requires Public Fireworks Display Permit. Comment [EK2]: Updates references to NFPA standards to more recent editions. Comment [EK3]: Adds requirement that applicant provide information about pyrotechnician operating the display. PUBLIC FIREWORKS DISPLAY PERMIT PAGE 1 OF 6 DRAFT – 12/12/17 2. Name and address of applicant's, property owner’s, and pyrotechnician’s registered agent for service of process. 3. Documentation and copies of qualifications of pyrotechnician, including copies of certifications, licenses, and a copy of government-issued photo identification. 4. Date(s) and times of the display, including set up time, display time, and length of show 5. Physical address of site at which public fireworks display is to occur. 6. Site plan, including the following: a. Detailed layout of site, including all separation distance measurements. Separation distances must be compliant with NFPA standard 1123, including minimum secured diameter of site, vertical mortar, angled mortars offset justification, and mortars to special hazards. b. Detailed layout of discharge site, including the location of all devices to be used during show, their required separation distances, and location of controllers. c. Location of all spectator areas. d. Detailed layout of fallout area, including offset measurements. e. Detailed layout of preparation area, including 100-foot separation distance. f. Detailed layout of fireworks storage area, including required separation distances and capacity and dates during which fireworks are to be stored. g. Buildings on or in proximity to the display site. h. Highways, streets, or alleys. i. Special hazard locations (e.g., combustible fuel, flammables, explosives, toxic substances, places of detention and correction, health care facilities). j. Location of possible overhead obstruction locations and utilities. k. Location of area(s) affected by the flame effect device. l. Types and locations of required fire extinguishers and supplemental fire protection features. 7. Description of fireworks to be used in the display, including: a. Detailed list of devices to be used in each display per show which shall include number and type of all devices to be used, including classification (e.g., aerial shell, cake, mine, salute, ground display piece, comet, lance, etc.), type of match to be used (e.g., black, electric, quick match, etc.), and whether the fireworks are to be chain fused or individually shot. b. Detailed list of flame effects to be used per show which shall include classification of effect (e.g., gas mine, ghost mine, etc.). c. Detailed list of lift charges for gas mines including grams, type of powder, sealing method of charge, fuel type (e.g., gas, diesel, mixture, cremora, LPG, etc.), and type of match used. d. Diagram of the mortar for flame effects showing pipe schedule size, wall thickness, height, width, and securing methods. e. Diagram of the mortar racks detailing elevation of rack (if raised location provide elevation) rack location (ground, trailer, stand, etc.) construction elements of rack, Comment [EK4]: Current ordinance requires description of “prior experience”; this proposed draft requires documentation of compliance with NFPA standards for public fireworks display pyrotechnicians. Comment [EK5]: More robust site plan requirements. Currently, applicants are only required to show fireworks storage. Proposed ordinance requires applicants to show how they will comply with NFPA requirements and keep the viewing and nearby public safe from misfires, fallout, combustion of nearby hazards, etc. Comment [EK6]: Proposed ordinance will require more specific description of fireworks to be discharged, and form and order of ignition. (Current code requires only number and diameter of mortars and form of ignition.) PUBLIC FIREWORKS DISPLAY PERMIT PAGE 2 OF 6 DRAFT – 12/12/17 mortar pipe schedule including type, size, wall thickness, height, width, and rack securing methods. Mortar racks shall meet the construction recommendations of NFPA standard 1123. 8. Written copies of each and all of the following: a. Procedure for sequence of operations for ignition of fireworks and flame effects, including ignition method (electronic, manual, automatic, etc.); controller manufacturer, model, and type (automatic, handheld, manual); number of manual and electronic shooters, and source of manual ignition (fusee, torch, portfire, etc.). b. Communication plan and methods between the permit holder, property owner, and pyrotechnician before, during, and after the display. c. Safety plan, including protocols for: 1. Stopping the show for emergency response personnel, catastrophic failure, operator injury, hazardous debris falling on spectators, hazardous conditions identified by the Meridian fire chief or designee, and crowd control issues. 2. Actions to be taken in the event that a shell fails to ignite in or discharge from a mortar, fails to function over the fallout area or other malfunctions, reporting methods and procedures for manually unfired shells including marking and warning of hazard to site personnel, and the disposal methods for unfired shells found in the post display sweep. 9. A certificate of insurance providing coverage of up to one million dollars ($1,000,000.00) for personal injury and property damage, underwritten through or by a qualified and duly licensed insurance company licensed to do business in Idaho. 10. Application fee. 11. Fire department inspection fee. D. Upon receipt of all application materials required by this subsection, the City Clerk shall refer the application to the Fire Chief or designee, who shall review the application to determine the validity and completeness of the information therein. The Fire Chief shall make findings on the application and return it to the City Clerk for issuance or denial. E. Upon receipt of the findings of the fire chief or designee, but no later than thirty (30) calendar days from the date of submission of the completed application and all application materials required by this subsection, the City Clerk shall either issue a City of Meridian Public Fireworks Display Permit to the applicant, or deny the application. Where the City Clerk denies an application for a City of Meridian Public Fireworks Display Permit, the City Clerk shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this subsection. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. F. The city clerk shall deny an application for a Public Fireworks Display Permit where: Comment [EK7]: Clarifies that MFD is the primary reviewing agency. (Current code directs City Clerk to “direct the necessary investigations.”) Comment [EK8]: Clarifies grounds for denial of permit – incomplete or inaccurate application, unsafe, or cannot comply with NFPA standards for displays or pyrotechnicians. Same content in current code but this provides clarity to MFD and to applicant. PUBLIC FIREWORKS DISPLAY PERMIT PAGE 3 OF 6 DRAFT – 12/12/17 1. The application is incomplete or required application materials or fees have not been submitted within thirty (30) days from receipt of a partial application; 2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; 3. Investigation of such application or application materials reveals that the proposed public fireworks display will not be compliant with applicable laws, regulations, or standards; or 4. The pyrotechnician does not have the requisite qualifications, certifications, and/or licenses for public fireworks displays, as set forth in NFPA provisions referenced above. G. Appeal of the City Clerk's issuance or denial of an application for a City of Meridian Public Fireworks Display Permit may be made by any person. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person within fourteen (14) days of such issuance or denial. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk’s action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision. H. The City Clerk, Fire Chief, or designee may revoke a City of Meridian Public Fireworks Display Permit where: 1. The permittee or any party operating under such permit conducts a use, condition, and/or activity not allowed under the terms of the permit, or violates a term, condition, or limitation of the permit. 2. The permit is used by a different party than the party to whom it was issued. 3. The permit was issued in error or in violation of any ordinance or law. 4. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 5. The permittee fails to comply with any provision of this code, including, but not limited to, this chapter. 6. It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. I. Revocation shall be effective pursuant to one of the following procedures: 1. The City Clerk or designee may notify the permitee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Public Fireworks Display Permit application. Such revocation shall be effective immediately upon mailing by the city clerk. 2. The Fire Chief or designee may summarily revoke the Public Fireworks Display Permit at any time, where he finds that the permitted fireworks display is to be conducted in a manner or under conditions which are or may pose a heightened risk of: fire, injury, or threat to public health, safety, or property. Such revocation shall be effective immediately upon verbal notice of to the permitee or pyrotechnician. Within two (2) working days of such summary revocation, the Fire Chief, City Clerk, or designee shall Comment [EK9]: Adds window for appeal. Comment [EK10]: Adds provision for summary, verbal revocation of a public fireworks display permit by MFD upon finding that conditions on the ground are unsafe. PUBLIC FIREWORKS DISPLAY PERMIT PAGE 4 OF 6 DRAFT – 12/12/17 send written notification of such revocation and the grounds therefor to the permittee, and shall mail such notice to the applicant at the mailing address set forth in the Public Fireworks Display Permit application. J. Appeal of a revocation of an application of a City of Meridian Public Fireworks Display Permit may be made by the permitee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person within fourteen (14) days of the date of mailing such revocation. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council’s decision on such appeal shall be a final decision. Section 2. It is hereby declared to be the legislative intent that the provisions and parts of this ordinance shall be severable. If any paragraph, part, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. All City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. Section 4. That this ordinance shall be effective upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this ____ day of ______________, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of ______________, 2017. APPROVED: ATTEST: ______________________________ ______________________________ Tammy de Weerd, Mayor C.Jay Coles, City Clerk PUBLIC FIREWORKS DISPLAY PERMIT PAGE 5 OF 6 DRAFT – 12/12/17 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17-_________ AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING MERIDIAN CITY CODE SECTION 5-4-10, REGARDING PUBLIC FIREWORKS DISPLAY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ____________________________________ City of Meridian Mayor and City Council By: C.Jay Coles, City Clerk First Reading: _________________ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50- 902: YES_______ NO_______ Second Reading: ________________ Third Reading: _________________ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17-____________ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 17-_____ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ______ day of __________________, 2017. ____________________________________ William L.M. Nary, City Attorney PUBLIC FIREWORKS DISPLAY PERMIT PAGE 6 OF 6 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 7H PROJECT NUMBER: ITEM TITLE: Fire Department: Station #6 Architectural Update 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 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 71 PROJECT NUMBER: ITEM TITLE: Legal: Small Cell Agreement Discussion 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 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 7J PROJECT NUMBER: ITEM TITLE: Public Works: Proposed Update to MCC 9-4-24 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 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 7K PROJECT NUMBER: ITEM TITLE: Public Works: Budget Amendment for FY2018 in the Amount of $20,000 for Completion of the Well 29 Project 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 E I DIAN,- Public IL A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent Blake Engineering Project Manager DATE: 11/28/2017 Mayor Tammy de Weerd City Council Mernberfs Ty Palmer Keith Bird Joe Borton Luke Cavener Genesis Milam Anne Little Roberts SUBJECT: BUDGET AMENDMENT FOR FY 2018 IN THE AMOUNT OF $20,000 FOR COMPLETION OF THE WELL 29 PROJECT L RECOMMENDED ACTION A. Move to: 1. Approve the Well 29 Budget Amendment for $20,000.00; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Project Manager 489-0340 Kyle Radek, Assistant City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Director 489-0372 III. DESCRIPTION A. Background Public Works is in the final year of a four year project to provide the City's next water supply (Well #29). A test well was constructed in 2015, and the production well was constructed in 2016. The pumping facility is currently under construction and is expected to be completed December 2017. Additional funds are needed to pay for minor changes necessary to complete construction. These changes include the addition of ceramic bearings for the pump motor to avoid motor damage from stray current, upgrade of floor coating for improved durability, and modification of soffit and fascia material. Page I of 2 B. Proposed Action The proposed action is to secure $20,000 through a budget amendment to pay for the changes. IV. IMPACT This project supports the Public Works Mission and Vision for strategic growth. It meets our mission requirements to identify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community. It will ensure modern reliable facilities while maintaining financial stewardship. A. Fiscal Impacts ------------------------------------------------ ;--------------- - - - - -- - - - - -, Well 29 FY14-17 1)510,000 Approved Budget ---------------------------------------------------------------------- -------------- ------------------- Total Proposed Cost 1,530,000 ------------------------------------------------------------- ------------------------------------ ------------------ Difference ; (20,000) ; Proposed Budget : 20,000 Amendment ---------------------------:----------------------------------------- _---------------------------- The $20,000 proposed amendment will be offset by the Well 30 FY18 project balance which is projected to close-out with an unspent balance estimated to be $133,516. V. ALTERNATIVES A. The City could choose not to approve the budget amendment which would ultimately compromise the completion of the project. 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N V in in t � T LD O vi n a p n p N oC- O 7 N N O A 5 0 h lVm W• CD N m0 W Q CD D Q CD 0 Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 7L PROJECT NUMBER: ITEM TITLE: Public Works: Budget Amendment for FY2018 in the Amount of $77,500 for L2 Excavation LLC'S Contract for the Collection Equipment Facility Construction Project 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 ENDIAN*-- Public � D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby Assistant City Engineer DATE: 11/30/17 Mayor Tammy de Weerd City Council Memberse Keith Bird )oe Borton Lube Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: BUDGET AMENDMENT FOR FY 2018 IN THE AMOUNT OF $77,500 FOR L2 EXCAVATION LLC'S CONTRACT FOR THE COLLECTION EQUIPMENT FACILITY CONSTRUCTION PROJECT I. RECOMMENDED ACTION A. Move to: 1. Approve the Collection Equipment Facility Construction Project Budget Amendment for $77,500. 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Director of Public Works 489-0372 III. DESCRIPTION A. Background Council approved the construction contract for the Collection Equipment Facility Expansion project in May of 2017. The project funds the construction of a new building to house the large collection system equipment which includes the CCTV Vans and Hydrocleaners. These are expensive and critical assets the City has invested in and it is important to house them indoors, in climate controlled environments, to protect and extend the life of these assets. Page 1 of 3 B. Reason for Amendment This request is to furnish additional FYI construction funding for the collections equipment building construction project. Budget that was requested for this project is not sufficient to pay for necessary change orders since the bid for construction of this project was higher than anticipated. This construction price for this project came in near the project budget of $275,000 and unforeseen conditions and added work have necessitated the need for a change order. The changes include unsuitable soil conditions under the concrete building slab, the addition of a concrete approach to the building and the addition of stormwater facilities. IV. IMPACT A. Stratezic Impact: This project meets our mission requirements to identify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Fiscal Impacts Project Costs ------------------------------------------------------------------------------------- Construction Contract $272,227 — ----------------------------------------------------, ---------------- ---- Design/Construction Services : $10,875 - - - - - - --,--------------------------------------------------- Change Orders$61,900 ---------------------------------------------------- ------ Contingency _ - $7 496 -------�-- - - -- - Total Projected Project Cost - $352,500 Total Budget Amendment is $77,500.00. The $77,500 will be funded by the Enterprise Fund Undesignated Ending Fund Balance (UEFB) which is currently estimated to be $4.9M. V. ALTERNATIVES The City could choose not to approve the budget amendment. This would result in leaving part of this project unfinished and could reduce the usability of this building until these improvements are constructed in the future. Page 2 of 3 VI. TIME CONSTRAINTS Approval of this budget amendment will allow the construction of this project to be completed as planned. Approved for Council Agenda: Page 3 of 3 D to v 0 C CDE no7 N) coED C cLD D 3 lD 7 cl3 <D 7 T O L -i 0 a) n n D d N ISD m N'. 0 -A , '< O O O o o o o D S1 'n o V ' m m m mm m m m m m m m m m O O O o 0 0 0 0 0 0 0 0 0 W W W W W W W W W W W W W OD Vl UD Ul Ul In to A Vl ID N Ul N O lD 0 l0 0 l0 0 l0 0 l0 0 l0 0 l0 0 10 0 0 0 0 ID 0 lD 10 0 LD C. LUl D l0 0 0 V 0 V 0 V 0 V 0 V 0 0 V 0 J 0 V 0 V 0 V 0 V 0 V 0 V 0 V 0 V 0 V 0 V 0 V 0 V W A W A W A W A W A W A W A W A W A W A W A W A W A o q ( Gl v 0 rll 6 0 O O �* M O O 3 (D n O w 0 m _1 3 rD 0 G) 0 m m m m m m m m 0 0 0 0 0 0 0 0 w w W W w W w w Vl In W In In ul Ol L! 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L �o o ' 2 3 T N n O N � T N � 0 N � N � v 7 p 3 m °ao n o (D i (D G N M (U m :3 1 C Z 7 n O C K 0 c6 G O N W O h CD T ,1 N O TO W D Q 3 D O Mi Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: r mance No. I y Mesa utDcflvision - - n Ordinance of the City of Meridian granting annexation and zoning of all of the Parcels of Land located in the E'/2 of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in the attached Exhibit "A"; Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and _nPtPrmininn the I nnrl I IcP 7nninn C'Inceifirritinn of - rnirl I nnrlc of MEETING NOTES FrA 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 2017-119326 BOISE IDAHO Pgs=12 VICTORIA BAILEY 12/14/2017 10:18 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. t` BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2017-0068 SKY MESA SUBDIVISION) FOR ANNEXATION OF ALL OF PARCELS OF LAND LOCATED IN THE E % OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 54.01 ACRES OF LAND FROM RUT TO R-4 (MEDIUM LOW DENSITY RESIDENTIAL DISTRICT)(26.57 ACRES) AND R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT)(27.44 ACRES) AND THE REZONE OF 38.87 ACRES OF LAND FROM R-2 (LOW DENSITY RESIDENTIAL) TO R-4 (MEDIUM LOW DENSITY RESIDENTIAL); 6.26 ACRES OF LAND FROM R-2 (LOW DENSITY RESIDENTIAL) TO R-8 (MEDIUM DENSITY RESIDENTIAL); AND .88 ACRES FROM R-4 (MEDIUM LOW DENSITY RESIDENTIAL) TO R-8 (MEDIUM DENSITY RESIDENTIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Blackrock, LLC/Triple D Land and Livestock, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-4 (Medium -Low Density Residential District)(26.57 acres) and R-8 (Medium Density Residential District)(27.44 acres); rezoned from R-2 (Low Density Residential District) to R-4 (Medium Density Residential District)(38.87 acres); rezoned from R-2 (Low Density Residential District) to R-8 (Medium Density Residential District)(6.26 acres) and rezoned from R-4 (Medium Low Density Residential District) to R-8 (Medium Density Residential District)(. 8 8 acres) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION — SKY MESA SUBDIVISION (H 2017-0068) Page 1 of 3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage; approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a inap prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this li ' V, day of C)eC&vl64- , 2017. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ( day of , 2017. ANNEXATION — SKY MESA SUBDIVISION (H 2017-0068) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this VI day of 1--�)ecm be-' , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •pppl•pp♦♦ .. �Q+ 00 NOTARY PUBLIC FOR IDA O RESIDING AT: MY COMMISSION EXPIRES: OF ANNEXATION — SKY MESA SUBDIVISION (H 2017-0068) Page 3 of 3 EXHIBIT A Legal Description for Annexation & Rezone Boundaries & Exhibit Map May 1, 2017 DESCRIPTION FOR CITY OF MERIDIAN REZONE EXISTING R-2 TO R4 ZONE PROPOSED SKY MESA SUBDIVISION A parcel of land located in the E % of Section 32, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, being a portion of Lots 16 and 24 of Slack 1 of Siackrock Subdivision, as filed for record in Book 96 of Plats at Pages 12003 through 12008, records of Ada County, Idaho, more particularly described as follows: Commencing at the N % corner of said Section 32, from which the NW comer of said Section bears North 89143'47" West, 2645,03 feet; thence South 27°50'38" East, 1516.52 feat to a point on the northerly boundary of said Blackrock Subdivision, the POINTOF BEGINNING; Thence along said northerly boundary; Thence South 89°4'1'43" East (formerly South 89°41'56" East), 1002,86 feet to the northeasterly corner of said Blackrock Subdivision; Thence South 36°33'33' East, 198.68 feet (farmeriy Soulh 36°35'80" East, 198.56 feet); Thence South 47'25'56' East (formerly South 47926'09' East), 889.12 feet; Thence North 89'39'38"We6t (formerly North 89'39'49" West), 113.10 feet: Thence South 00.13'27' West (formerly South 00'13'49' West), 255.57 feet; Thence leaving said subdivision boundary North 89'39'36' West, 345.11 feel; Thence South 00"1834' West, 438,95 feet to a point on a curve on the northerly right-of-way of E. Taconic Drive; Thence along sold northerly right-of-way: Thanco 164.43 feet along the arc of a non -tangent curve to the right, said curve having a radius of 725.00168t, a delta angle of 12'58'40", and along chord bearing North 75'49'56" West, 164.07 feet to a point of reverse curvature; Thence 275.05 feet along the arc of a curve to the left, said curve having a radius of 775.00 feet, a delta angle of 20'20'03', and a long chord bearing North 79'30'10" West, 273,60 feet to a point of tangency; Thence North 89'40'11" West, 655,40 feet; Thence leaving said right -of --way North 00'00'49" East, 32,63 feet; Thence South 89`59'15" East, 150.08 feet; Thence North 00'01'24` West, 110.00 feet; Thence North 89'59'24' West, 125,99 feet; Thence North 00'20'19' East, 298.24 feet; Thence North 15132'05' West, 058.58 feet to the POINT OF BEGINNING, Said parcel containing 38.67 acres, more or less. ys�o,��,STE� sGT 11118 x n � s1��1t-t.r° a TON Y1. Nti EXHIBIT A May 1, 2017 DESCRIPTION FOR CITY OF MERIDIAN REZONE EXISTING R-2 TO R-8 ZONE PROPOSED SKY MESA SUBDIVISION A parcel of land located In the G % of Section 32, T.3N., RAE., B.M., Meridian, Ada County, Idaho, being a portion of Lot 16 of Block 1 of Blackrock Subdivision, as filed for record in Book 96 of Plats at Pages 12003 through 12008, records orAda County, Idaho, and a portion of S. Eagle Road right-of-way, more particularly described as follows: Commencing at the N % comor of said Section 32; from which the NW corner of said Section bears North 89`4347" West, 2645.03 feet; thence along the north boundary of the NE'/, of said Section 32 South 89043'43" East, 2656.26 feet to thu NE comer of said Section 32, thence along the east boundary of the NE A of said Section 32 South 00°1321" West, 2351.20 feet to the POINT OF BEGINNING; Thence continuing along said east boundary South 00°13'21` West, 326.34 feet to the E % corner of said Section 32; Thence along the east boundary of the SE % of said Section 32 South 00"13'38' West, 99.26 foot; Thence leaving said boundary North 89`46'22" West, 48.00 feat to a point on the northerly right-of- way ightof- way of E. Taconic Drive; Thence along said northerly right-of-way: Thence South 45°12'27" West, 9.91 feet; Thence North 89'48'44" Wost,193-02 feet to a point of curvature; Thence 47.01 feet along the arc of a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 13128'01", and a long chord bearing South 83°27'13" West, 46.90 feet to a point of reverse curvature; Thence 47,01 feat along the arc of a curve to the right, said curve having a radius of 200.00 feet, a delta angle of 13°28'01", and a long chord bearing South 83'27'13' West, 46.90 feet to a point of tangency; Thence North 89'48'44' West, 186.18 feet to a point of curvature; Thence 94.68 feet along the are of a curve to the right, said curve having a radius of 725.00 feet, a delta angle of 07128'58', and a long chord bearing North 88'04116` West, 94,81 feet; Thence leavina sold tight -or way North 00'18134" East, 43195 feet; Thence South 89°39'36' East, 574.00 feet to a point on the westerly right -of -of -way of S. Eagle Road; Thence South 89°46'39' East, 48.00 feet to the POINT OF BEGINNING. Said parcel containing 6.26 acres, more or less. EXHIBIT A May 1, 2017 DESCRIPTiON 5OR CITY OF MERIDIAN REZONE EXISTING R-4 TO R-8 ZONE PROPOSED SKY MESA SUBDIVISION A parcel of land located in the SE tf of Section 32, T,3N., RJE., B.M., Meridian, Ada County, Idaho, being portions of E. Taconic Drive and S. Eagle Road right-of-way, more particularly described as follows: Commencing at the N Y4 corner of said Section 32, from which the NW corner of said Section beans North 88143'47" West, 2645.03 feet; thence along the north boundary of the NE'/ of said Section 32 South 89°4343" East, 2656.26 feet to the NE corner of said Section 32, thence along the east boundary of the NE'l of said Section 32 South 00°13'21"West, 2677.54 feet to the E M corner of said. Section 32; thence along the east boundary of the SE Y. of sold Section 32 South 00°13'38" Wast, 99,26 feet to the POINT DE BEGINNING; Thence continuing along said east boundary South 00113'38" West, 88.03 feet; Thence leaving said boundary North 89`46'22" West, 48.00 feet to a point on the southerly right-of- way of E. Taconic Drive; Thence along said southerly right-of-way; Thence North 44°47'33" West, 9.94 feet; Thence North 89"48'44" West, 193.84 feet to a point of curvature; Thence 47.01 feet along the arc of a curve to the right, said curve having a radius of 200.00 feet, a delta angle of 13°28'02", and a long chord bearing North 83°04'43" West, 46.90 feet to a point of reverse curvature; Thence 47.01 feet along the arc of a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 13028'02", and a long chord bearing North 83°04'43" West, 46.90 feet to a point of tangency; Thence North 89`48'44" West, 186.18 feet to a point of curvature; Thence 94.75 feet along the arc of a curve to the right, said curve having a radius of 775.00 feet, a delta angle of 07°00'18", and a long chord bearing North 86'18'35" West, 94.69 feet; Thence leaving said southerly right-of-way North 00°18'34` East, 84.39 feet to a point on a curve on the northerly right-of4ay of E. Taconic Drive; Thence along said northerly right--of-way: EXHIBIT A Thence 94,68 feet along the are of a non -tangent curve to the left, said curve having a radius of 725,00 feet, a delta angle of 07°28'56", and a long chord bearing South 86°04'16" East, 94.61 feet to a point of tangency; Thence South 89°48'44" East, 186.18 feet to a point of curvature; Thence 47.01 Feet along the arc of a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 13"28'01", and a long chord bearing North 83'27'13" East, 46,90 feet to a point of reverse curvature; Thence 47,01 feet along the arc of a curve to the right, said curve having a radius of 200.00 feet, a delta angle or 13°28'01", and a long chord bearing North 83°2713" East, 46.90 feet to a point of tangency; Thence South 89°4844" East, 193.92 feet; Thence North 45°12'27° East, 9,91 feet; Thence leaving said northerly right-of-way South 89'46'22" Fast, 48.00 feet to the POINT OF BEGINNING. Said parcel containing 0,88 acres, more or less. vi���oNp,t LANps� }STS G 0 0. 11118 OF tQ °sem ��rd w . ��a EXHIBIT A May 1, 2017 DESCRIPTION FOR CITY OF MERIDIAN ANNEXATION PROPOSED SKY MESA SUBDIVISION EXISTING RUT TO R-4 ZONE A parcel of land located In the N'/x of the SE f of Section 32, T.3N., RAE., B,M,, Meridian, Ada County, Idaho, consisting of a portion of Lot 10, Block 3 of Blackrock Subdivision, as filed for record in Book 96 of Plats at Pages 12003 through 12008, records of Ada County, Idaho, Moro particularly described as follows:. Commencing at the N YA comer of said Section 32, from which the NW corner of said Section bears North 69°4347" West, 2646.03 feat; thence along the north boundary of the NE % of said Section 32 South 89°43'43" East, 2656.26 feet to the NE comer of said Section 32; thence along the east boundary of the NE % of said Section 32 South 00°13'21" West, 2677,54 feet to the NE corner of the SW f< of said Section 32; thence. South 45°41'06' West, 1909,08 feet to a point on the southerly boundary of Bald Lot 10 and on the south boundary of the N'/ of the SE "4 of said Section 32, the POINT OF BEGINNING; Thence along said south boundary and Lot 10 boundary North 89°48'13" West, 767.93 feet; Thence leaving the south boundary of said N'/s of the SE f and continuing along the boundary of said Lot 10. Thence North 00°11'47" East, 295.21 feet; Thence North 46°34'38" West, 612,67 feet to a point an a curve on the southerly right-of- way of E. Taconic Drive; Thence continuing along said Lot 10 boundary, and along said southerly right-of-way; Thence 5,55 feet along the arc of a non -tangent CUM to the right, said curve having a radius of 200,00 feet, a delta angle of 01"35`20, and a long chord bearing Horth 54°0604" E=ast, 5.55 feet to a point of reverse curvature; Thence 40.07 feet along the arc of a curve to the left, said curve having a radius of 200,00 fact, a delta angle of 11 °28'41", and along chord bearing North 49°09'24" East, 40.00 feet to a point of tangency; Thence North 43°25'03" l=ast, 64.00 feet to a point of curvature; Thence 40.07 feet along the arc of a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 11"28'41", and a long chord bearing North 37"40'42" East, 40.00 feet to a point of reverse curvature; EXHIBIT A Thence 40,07 feet along the arc of a curve to the right, said curve having a radius of 200.00 feet, a delta angle of 11'2841", and a long chord bearing North 37044'42" East, 40.00 feet to a point of tangency; Thence North 43°25'03" East, 361,52 feet to a point of curvature; Thence 388.92 feet along the are of a curve to the right, said curve having a radius of 475.00 feet, a delta angle of 46°54'46", and a long chord nearing North 66152'26" East, 378.15 feat to a point of tangency; Thence South 89°40'11" East, 601,15 feet; Thence leaving said Lot 10 boundary and southerly right-of-way South 00'19'40" West, 227.59 feet to a point of curvature; Thence 153.67 feet along the arc of a curve to the right, said curve having a radius of 304.00 feet, a delta angle of 29°20'59", and a long chord bearing South 15°00'18" West, 152.00 feet to a point of compound curvature, Thence 322.90 feet along the are of a curve to the right, said curve having a radius of 1000,00 feet, a delta angle of 18*U'D3", and a long chord bearing South 38°554!? West, 321.50 feet; Thence South 11°25'19" East, 654.30 feet to the POINT OF BEGINNING, Sold parcel containing 26.57 acres, more or less. EXHIBIT A.. April 27, 2017 DESCRIPTION FOR CITY OF MERIDIAN ANNEXATION PROPOSE© SKY MESA SUBDIVISION EXISTING RUT TO R-8 ZONE A parcel of land located in the N ",/ of the SE Ya of Section 32, T.3N., RAE., B,M., Meridian, Ada County, Idaho, consisting of a portion of Lot 10, Block 9 of Blackrock Subdivision, as filed for record in Book 06 of Plats at Pages 12003 through 12008, records of Ada County, Idaho, and a portion of South Eagle Road right-of-way, more particularly described as follows: Commencing at the N % corner of said Section 32, from which the NW corner of said Section bears North 89"4347" West, 2645,03 foal; thence along the north boundary of the NE Y4 of said Section 32 South 89°43'43" bast, 2656.26 feet to the NE comer of said Section 32; thence along the east boundary of the NE % of said Section 32 South 00°13'21" West, 2877.54 feet to the NE comer of the SkV of said Section 32; thence along the east boundary of said SW "1% South 00°13'38" West, 185.29 feet to the POINT OF BEGINNING; Thence continuing along sold east boundary South 00°1338" West, 280,99 feet; Thence leaving said east boundary North 89'9622" West, 48,00 feet to a point on the westerly right of way of South Eagle Road; Thence North 89°49'48" West, 480.00 feet; Thence South 00°13'35" West, 865,89 feet a point on the south boundary of the N'/, of the SW "/ of said Section 32; Thence along said south boundary North 89°48'13" West, 832,68 feet; Thence leaving said south boundary North 41 °25'19" West, 654.30 feet to a point on a curve; Thence 322.90 feet along the arc of a non -tangent curve to the left, said curve having a radius of 1000.00 feet, a delta angle of 18°30'03', and a long chord bearing North 38°5549" East, 321.60 feet to a point of compound curvature; Thence 153.67 feet along the arc of a curve to the left, said curve having a radius of 300,00 feet, a delta angle of 29°20'59", and a long chord bearing North 15°00'18" East, 152.00 feel to a point of tangency, Thence North 00°19'400 East, 227.59 feet; Thence South a9°40'11" East, 201,36 feet to a point of curvature; Thence 257.30 feet along the arc of a curve to the right, said curve having a radius of 725,00 feet, a delta angle of 20°20'03", and a long chard bearing South 79°30'10" East, 265.95 feet to a point of reverse curvature; EXHIBIT A Thence 276.97 feet along the arc of a curve to the left, said curve having a radius of 778.00 feet, a delta angle of 20°28'36", and a tong chord bearing South 70"34'26' Fast, 275.50 feet to a point of tangency, Thence South 89°48'44' East, 186.18 feet to a paint of curvature; Thence 47,01 feet along the arc of a curve to the right, said curve having a radius of 200.00 feet, a delta angle of 13°28'02", and a long chord bearing South 83004'43" East, 46.90 feetlo a point of reverse curvature; Thence 47,01 feet along the arc of a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 13°28'027, and a tong chord bearing South 83004'439 f=ast, 46.90 feet to a point of tangency, Whence South 89°4844 Cast, 193.84 feet; Thence South 44°4844' East, 9.94 feet; Thence South 89°46'22' Cast, 48.00 feet to the POINT OF BEGINNING, Said parcel containing 27.44 acres, more or less. ,O,N4 LAAJf y 0 0 P 0tv W. 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E !AN at �b (h 47.er itnw r»nb1• !I 13-034.;` x JCW ON W,41� (a 47.01 7lflttO rrrivpt• m ANVIT If 1640 :.u= CIO1(4.(3 .1r mm 1797Ye' s w4.'a!• a ;i -m 1100 7r.1 n) 101:01W a WWI*,r 17:10 i}19714C 2 tS r�Juttrvtrr Cts 47.01 2M(a .17461'R U27•Ir C td -10 •y--rsi HLW =Ic DL'U40my t H] 47.51 1(4(41 1}:001' K ,410 y�+��G }�+�r�1.+'}�y�•1"T" [70$1140 CRY L711TS D1yJN6ARY { Cu a1n $ WEIVIr 041,1 Mid Y73;or 7 67(4'1.•C d,,4, piss iraul 781.1(' rr rsle':s v aipi qe %no) 106 4* 4433111' 1 NY p". N 3117! r�lm"llt'RRliCl1 W11US1UlD11S.114�1V� • NriwmIt ,1x€4, !I !-`r7 1.137 seas svil5r' s 164'13' W •,;.d0 4�ro7j,� MERIDIAN CITY ANNEXATION AND REZONE rwr T7nF,� PROPOSED SKY MESA SUBDIVISION SOLUTIONS I or $ LGC4TW iM THE C ,/2 444 $1;Ci1?1f 19. 1rR9'v� nuu "iwylu b1A,IIw C1M r4,.,;X4q.0-kG, rr. ilalur-i ptt(W: L'h NEx1]6Er1, Aat. 4:0171': IUux} NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17- 1-75-6 PROVIDING FOR. ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and rezoning of a parcels of land in the E'/2 of Section 32, Township 3 North, Range 1 East, Boise, Ada County, Idaho. These parcels contain 100.02 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the t)-jr_ day of '-�"► e/ , 2017.Go4`onnr,:Unu�,�,, city of h �YL 1:I1 �t N of-Metidian Mayor and ity Council �;f SEAL tiw By: C,Jay Coles, City Clerkfer/4o First Reading: Adopted after first r ding by suspension of the Rule as allowed pursuant to Idaho Code §50902: YES NO Second Reading: Third Reading: -� STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17- /7!�6 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 17 -_ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2017. (3& /.,. 'ftiam. L.M. Nary City Attorney ORDINANCE SUMM"Y— SKY MESA SUBDIVISION (H-2017-0068) Meridian City Council Meeting DATE: December 12,2017 ITEM NUMBER: 8B PROJECT NUMBER: H-2017-0098 ITEM TITLE: Gensco r Inance No. - I /b/: ((3ensco - - n Urdinance o the City of Meridian granting the re -zone of Land lying in the W '/2 of the SW '/4 of the SW '/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in the attached Exhibit "A"; Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use 7nninn (-'Inccifinntinn of Cnirl I nnric frnm IC,PnPrnl 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 ADA COUNTY RECORDER Christopher D. Rich 2017-119324 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 12/14/2017 10:17 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. - CJ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2017-0098 - GENSCO) FOR THE RE -ZONE OF LAND LYING IN THE W % OF THE SW 1/40F THE SW'/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO, ESTABLISH- ING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM C -G (GENERAL COMMERCIAL) ZONING DISTRICT TO I -L (LIGHT INDUSTRIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1, That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Kobe, LLC. SECTION2. That the above-described real property is hereby re -zoned from C -G (General Commercial) Zoning District to I -L (Light Industrial) Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions; orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval. and publication, according to law. RE ZONE ORDINANCE — GENSCO - H-2017-0098 PAGE 1 OF 3 SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of J)ffe` Ul ' , 2017., APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day l of ifL' , 2017. MAYOR AMMY de WEERD A' oRAi eu A[i�,(i C. AY COLES, CITY CLERK C V of o w E IDrAN�. M 0 TRE RF ZONE ORDINANCE — GENSCO - H-2017-0098 PAGE 2 OF 3 STATE OF IDAHO, ) ss: County of Ada ) On this � day of V)eCe mbet- , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) •. "••.. - A • • °••••9069•• RE ZONE ORDINANCE - GENSCO - H-2017-0098 O'ba kLn WqA= - Notary Public qnsajuno T aho Residing At: My Commission Expires: 3- o\2 PAGE 3 OF 3 Exhibit A UGAT, DESCRTPTii)N FOR REZONE FROM C -Cy TO MUSTRIAL A parcel of land lying in the W1/2 ofthe SW1/4 ofthe SWIM of Section 8, Township 3 North, Mange I E'aA Boise Meridian, Ada County, Idaho, said parcel being more particularly desed-bed as follows: Commencing at a Brass Cup marking the SW comm of Seotiun 8, thance N.0°25'49" E. 681.29 feet along the East line of said Section 8 to a point; thence S.99°34' 11 "E, 48.00 feet cast to a 5/8 inch robar, said rebar or being the POINT OF BEGINNING; Thence M.45'21'23"F. 35.41 feet to a 5/8 inch reber, Thence 5.89°34'20"'S. 538.71 feet to a point; Thenec 5.44°33'03" E. 35.34 feet to a point, Thence S.0°28' 15"W. 309.00 feet to apoint; Thence N.89134'20"W. 588.48 feet to a point; Thence N.012.548"Is. 308.93 feet to the POINT OF T3MINNING. Said pareeI contains 4.50 acres, more or less, and is sobjeet to all existing eascroeats and right-of-ways of=ord or implied. L LA AD K�lj r fd 157 8 A 7-5-17 sr�rf OF FRAC HOW0, Gensco — RZ H-2017-0098 cv rry i 0r ui co �o M Ln pQ N fy- O Z 0, O _N U co � w o � N . a Z 23.19' EXHIBIT B E. LANARK STREET S89' 34' 20"E 538.71' Is 0 a ai 0 LOT 1 4.50 ACRES f �n cofN O (n , S89' 34' 20"E 588.48' Parcel Line Table Line # Length Directim L20 48.00 N89' 34' 11"W L2t 35.41 N45' 21' 23"E L22 35.34 S44' 33' 03"E J.J. HOWARD Zp A1317 MADM SUMA Eorr w / 1,• _ 1w CLS ' 170602 maw VMIMNG Gensco — RZ H-2017-0098 0 d a O z Fi NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17- j 7 PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of a parcel of land lying in the W V2 of the SW V4 of the SW'/ of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County. This parcel contains 4.50 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the ?�- day of �L /''1 , 2017. City of1�{1�ridian Mayor an City Council By: C.Jay Coles, City Clerk CLbAU� City of 1�jDI`IAN& SEAL First Reading: /�/ J (// �G 7 Rf l ft 74,E Adopted9fter first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Secon Reading: Third Reading: ✓ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17 t`% !�7 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 17 % $ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2017. C William. L.M. Nary City Attorney RE ZONE ORDINANCE SUMMARY- GENSCO -11-2017-0098 PAGE 1 Meridian City Council Meeting DATE: December 12, 2017 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: 10. Executive Session per Idaho State Code 74-206(1)(a): To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need and 74- 206(1)(c): To acquire an interest in real property which is not owned by a public agency. 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