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2018-10-02
C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, O ctober 2, 2018 at 6:00 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt X Genesis Milam O L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by M ichael P ear son of S eventh D ay Adventist Church 4. Adoption of Agenda Adopted 5. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address thei r elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assi st you i n resolving the matter following the meeting. 6. Consent Agenda [Action Item] Approved A. Approve M inutes of August 28, 2018 C ity C ouncil and M er idian D evelopment Corporation S pecial J oint M eeting B. Approve M inutes of S eptemb er 11, 2018 City C ouncil S pecial M eeting C. Approve M inutes of S eptemb er 18, 2018 C ity C ouncil Regular M eeting D. B ar aya Apartments S ubdivision S anitary S ewer and Water M ain E asement E. Blakeslee C ommons S ubdivision - S anitary S ewer E asement F. Blakeslee C ommons S ubdivision - S anitary S ewer E asement #2 G. Blakeslee C ommons S ubdivision - Water M ain E asement H. F indings of F act, C onclusion of L aw for Whitecliffe E states S ubdivision (H-2018-0074) by 4345 L inder Road, LLC, L ocated at 943 W. M c M illan Rd. I. Addendum No. 16 to Agr eement for C ity Prosecution/C riminal L egal S er vices dated Novemb er 1, 2002. J. S ole S ource Approval: Analytical L abor atories for M icrobiological S ampling K. P rofessional S er vices Agr eements for Photogr aphy S ervices and P hotograph P ur chasing Agr eement to Document Historic P roper ties Not-to-E xceed $2,000 each 1. Gregory B rowning 2. J ason Murphy L. Approval of B lanket P ur chase O rder #19-0016 to D ubois Chemicals, Inc. in the amount of $100,000.00 for F Y 19 “F erric Chloride” purchases at the Wastewater T reatment Plant. M. Approval of a C ontract Amendment No.3 to O xarc in the amount of $130,000.00 for the “S O D I UM HYPO C HL O RIT E ” pr oject at Water & the Wastewater T reatment P lant. N. City F inancial Report for August 2018 O. AP I nvoices for P ayment 10/3/18 - $1,428,668.98 7. Items M oved F rom T he C onsent Agenda [Action Item] 8. Community I tems/Presentations A. M ayor's Youth Advisory C ouncil Update B. Moved from 10A: Bike Share Programs 9. Action I tems Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. The City Counci l may move to continue the item for additional information or vote to approve or deny the i tem with or without changes as presented. The Mayor is not a member of the Ci ty Council and pursuant to Idaho Code does not vote on public hearing i tems, unless to break a tie vote. A. Request to S chedule P ublic Hearing for No vember 7, 2018 for Burlingame Subdivision H-2018-0079 by Yuriy M ukha, L ocated at NW C orner of West C herry L n. and N B lack C at Rd. Scheduled for November 7, 2018 1. R equest: Rezone of property f rom R -4 (18.994 acres) to R -8; and 2. R equest: P reliminary P lat consisting of 74 single-f amily residential building lots and 14 common lots on 18.994 acres of land in a proposed R -8 zoning dis trict; and 3. R equest: Modify an existing D evelopment A greement to allow for additional residential and common lots, to allow for R-8 zoning and to change certain other provisions of the agreement B. P ublic Hearing for E ar l G len S ubdivision H-2018-0094 by Riley P lanning S ervices, L ocated at 1780 E . M c M illan Rd. Approved 1. R equest: Two Year Time E xtension on the preliminary plat in order to obtain the C ity E ngineer’s signature on a final plat A ND extend the time to commence the multi-family use as permitted with the conditional use permit C. P ublic Hearing C ontinued fr om August 21, 2018 for B ainbridge F ranklin H-2018-0057 by S teve B ainbr idge, L ocated at 2075 and 2155 W. F r anklin Rd. Continued to November 7, 2018 1. R eques t: A nnexation and Z oning of 3.68 acres of land with a C - G zoning district D. P ublic Hearing for S an G orgonio S ubdivision H-2018-0092 by A Team L and C onsultants, L ocated at 200 Rosalyn C t. Approved 1. R eques t: S hort P lat consisting of 4 residential building lots and 1 common lot on 1.23 acres of land in an existing R -8 zoning district E. P ublic Hearing for Owyhee High S chool (H-2018-0075) by West Ada S chool D istr ict, L ocated at 7020 W. Ustick Rd. Continued to October 23, 2018 1. R equest: A nnexation and Z oning of 108.76 Ac res of L and with an R -8 Z oning D istrict; and 2. R equest: Conditional Use P ermit f or an education institution (high school) in an R -8 zoning, lighted f ields and an outdoor speaker system within and adjoining a residential district, the generation of vehicular trips per day in excess of 1,500, proposed access to a c ollector street and there is not a saf e, separate pedestrian and bikeway access between the neighborhood and the school site F. P ublic Hearing for Intent to C onvey Real P roper ty (Old City Hall) to the M er idian D evelopment C or poration G. O rdinance 18-1792: An O rdinance Authorizing T he Conveyance O f C er tain C ity O wned Real P roper ty To T he M eridian D evelopment C orpor ation L ocated At 33 E . Idaho Avenue (C ommonly Referred To As “Old C ity Hall”) And L egally D escribed As L ots 21, 22, 23, 24, 25, 26, 28, 29, 30, 31 And 32 O f B lock 2, M eridian Townsite In T he C ity O f M er idian, Ada C ounty, Idaho; Author izing T he M ayor And C ity Cler k To E xecute And Attest O n B ehalf Of T he C ity Of M eridian T he D eed And O ther Docu ments Necessary To Complete T he T ransaction; P r oviding F or A Waiver O f T he Reading Rules; And P r oviding An E ffective D ate. Approved H. P olice D epartment: B udget Amendment for K -9 T r aining Not to E xceed $10,000 (Net Zer o) Approved 10. D epar tment Reports A. Community D evelopment: B ike Share P r ograms Became Item 8B 11. F uture M eeting Topics Adjourned at 11:35pm All mater ials presented at public meetings shall bec ome pr oper ty of the C ity of Meridian. Any one desir ing accommodation for disabilities related to doc uments and/or hearing, please c ontac t the C ity Clerk's Offic e at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council October 2, 2018. A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, October 2, 2018, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Joe Borton, Luke Cavener, Ty Palmer, Genesis Milam, Anne Little Roberts and Treg Bernt. Also present: C. Jay Coles, Bill Nary, Cameron Ariel, Caleb Hood, Sonya Allen, Jeff Lavey, Harper, Joe Bongiorno, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: I will start tonight's meeting if I could get everyone to take your seats. Welcome to our City Council meeting. We certainly appreciate you all being here with us tonight. For the record it is Tuesday, October 2nd. It's two minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Okay. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in a pledge to our flag. (Pledge of allegiance recited.) Item 3: Community Invocation by Michael Pearson of Seventh Day Adventist Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Michael Pearson with the Seventh-Day Adventist Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Pearson: Eternal Father, we want to thank you tonight for your faithfulness, for your sustaining grace, and so we pause for just a few moments to asked for divine wisdom to consider you in all our deliberations this evening, that we might have compassion and grace towards each other. We ask this in the name of Jesus Christ, our Lord and Savior, amen. Item 4: Adoption of Agenda Meridian City Council October 2, 2018 Page 2 of 103 De Weerd: Thank you, Pastor Michael. Item 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: A couple of minor changes. On Item 9-C, when we get to it the applicant's requested that to be continued to November 7th. So, we will address that when we get to it. And, then, Item 10-A is an update on Limebike. If nobody's heard, Limebike has arrived in the community and we thought we had a full crowd, so it's okay we will move Item 10-A to perhaps Item 8-B, so we can get a brief update on Limebike and what's happening, what's being fixed, while captive public can enjoy that as well. So, with those two changes, Madam Mayor, I move we adapt the agenda. Bernt: Second. De Weerd: I have a motion and a second to adopt the agenda as changed. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Mr. Clerk, anything under five? Coles: Madam Mayor, Members of the Council, we have several individuals signed up. However, all of them indicate the discussion topic which is later on your agenda, which is 9-E, the public hearing for Owyhee High School. So, other than that there is nothing other than the Owyhee High School discussion. De Weerd: Okay. Mr. Clerk, if you will make sure that they are included under that item that would be great. Thank you. Item 6: Consent Agenda [Action Item] A. Approve Minutes of August 28, 2018 City Council and Meridian Development Corporation Special Joint Meeting B. Approve Minutes of September 11, 2018 City Council Special Meeting C. Approve Minutes of September 18, 2018 City Council Regular Meeting D. Baraya Apartments Subdivision Sanitary Sewer and Water Main Meridian City Council October 2, 2018 Page 3 of 103 Easement E. Blakeslee Commons Subdivision - Sanitary Sewer Easement F. Blakeslee Commons Subdivision - Sanitary Sewer Easement #2 G. Blakeslee Commons Subdivision - Water Main Easement H. Findings of Fact, Conclusion of Law for Whitecliffe Estates Subdivision (H-2018-0074) by 4345 Linder Road, LLC, Located at 943 W. McMillan Rd. I. Addendum No. 16 to Agreement for City Prosecution/Criminal Legal Services dated November 1, 2002. J. Sole Source Approval: Analytical Laboratories for Microbiological Sampling K. Professional Services Agreements for Photography Services and Photograph Purchasing Agreement to Document Historic Properties Not-to-Exceed $2,000 each 1. Gregory Browning 2. Jason Murphy L. Approval of Blanket Purchase Order #19-0016 to Dubois Chemicals, Inc. in the amount of $100,000.00 for FY19 “ Ferric Chloride” purchases at the Wastewater Treatment Plant. M. Approval of a Contract Amendment No.3 to Oxarc in the amount of 130,000.00 for the “SODIUM HYPOCHLORITE ” project at Water & the Wastewater Treatment Plant. N. City Financial Report for August 2018 O. AP Invoices for Payment 10/3/18 - $1,428,668.98 De Weerd: Item 6 is our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There were no changes to the Consent Agenda as published, so I would move that the Consent Agenda be approved and for the Mayor to sign and Clerk to attest. Meridian City Council October 2, 2018 Page 4 of 103 Little Roberts: 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: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From The Consent Agenda [Action Item ] De Weerd: There were no items moved from the Consent Agenda. Item 8: Community Items/Presentations A. Mayor's Youth Advisory Council Update De Weerd: So, we will move to 8-A under community presentations. Tonight we have the Mayor's Youth Advisory Council here. Both our Chair and Vice-Chair. Welcome. Hutchins: Thank you, Madam Mayor and City Council, for having us. I'm Ben Hutchins, vice-chair. Denen: Madam Mayor, City Council Members, my name is Logan Denen and I am the chair of the Mayor's Youth Advisory Council. All right. So, we are going to start talking about our leadership training in August and the theme that we have created for our whole year this year. So, August 3rd and 4th the Mayor's Advisory Council met together to create kind of our plan for the entirety of the year. We wanted to create a more streamlined idea for what we wanted to do, because we felt it was more important to have a singular idea, rather than each subcommittee breaking off and kind of not creating a succinct group and so our theme that we created for this year with MYAC Gets Talking and our plan with this was kind of talking about mental health, homelessness, those who are hungry, stuff like that. Things that a lot of people think are not usually talked about, have a lot of stigma behind it, so, yeah, we felt like the point of MYAC Gets Talking was really going to help us to become better presenters in front of the community and make us look better. Hutchins: I will make introductions of this year's Executive Council. This year as our chair is Logan Denen. I'm the vice-chair, Ben Hutchins. Kaitryn Neeley is our secretary. Abbey Hutchins is our social coordinator. Jared Gonzales is our communications coordinator. Britton Davis is our Government Affairs chair. Shayna Thomas is our Teen Activities Committee chair. Colton Hawkins is our community service chair. Amber Graves is our government affairs vice-chair. Jaelahna Coursey is our Teen Activities Meridian City Council October 2, 2018 Page 5 of 103 Committee vice-chair. Erina Fuhriman is our community service vice-chair. Chloe Robins is our Renaissance ambassador. Jacob Francis is our large ambassador. Kourtney McBride is our Meridian ambassador. Sydney Fischer is our Rocky Mountain ambassador. Jackson Jones is our at large co-ambassador. Warren Johnson is our Mountain View ambassador. And our advisors this year are Dom Gelsomino as our government affairs advisor. Jodi St. Martin is our lead MYAC advisor. Renee White is our team activities committee advisor. Macey Snelson is our community service advisor. Ashlyn Miller is our community service advisor. Stephany Galbreaith is our community service advisor. Denen: And this year we also have participation with our youth on commissions. Jackson Jones is on our Parks and Recreation. Kourtney McBride is with the Historical Preservation and Charlene Pederson for the Transportation. This year our first meeting was headed up by our kickoff event where we had over a hundred people in attendance. At that meeting we introduced our new executive council and we reviewed what MYAC was, what we stand for, and got everybody comfortable with each other. Hutchins: This year we have around 16 schools that are represented in MYAC, as well as several that are homeschooled, ranging from Central Academy to Renaissance, Rocky Mountain, and all those you can see on your screen. Denen: And, then, our first big event that was led by our Teen Activities Committee was our movie night. We went to the family movie night in -- what park was that? De Weerd: Settlers Park. Denen: Settlers Park. That's right. There were about 20 youth that were there. It was a really great point for a lot of newcomers and a lot of people who have been a part of MYAC for a long time to kind of meet each other, socialize and get comfortable with the new executive council. It was a really great event. Hutchins: Next was our Dutch Bros CPR day, which was a great success this year. We had four locations that we went to for four hours. We had participation of 42 MYACers. We had four advisors and we trained 553 people and it was our best year yet, actually, with -- with less time than last year we trained more people than ever. De Weerd: And it was much warmer ; r ight? Hutchins: It was much warmer this year. Absolutely. Denen: All right. And our most recent event was the Treasure Value Youth Safety Summit. This is an event that we do every year. We take a bunch of high school students to Wahooz for the day and we do a lot of safety training. We have the Meridian Police Department come and do some texting and driving on the go-karts. They help us with impaired goggles on mini golf and, then, they did some bullying simulation on the laser tag. We had some really great guest speakers, too. We had Meridian City Council October 2, 2018 Page 6 of 103 Matt McCarter come and talk to us about positivity, suicide prevention, stuff like that. We had the Meridian Anti-drug Coalition come and talk to us about how we can help prevent drug use in our schools and how to get involved with that. We had the Idaho Transportation Department come and they did kind of like a family feud style game where they showed us a bunch of information about driving and how to be safe on the roads and some statistics that were picked up by the youth easier than just a presentation showing them statistics. And, then, I was also able to present about what Renaissance did last year. Every year the -- well, last year we started the toolkit for the Treasure Valley Youth Safety Summit, which pushed students to get involved in the school and push the safety things that we learn in the safety summit to go back to our schools. Renaissance was the overall champion of pushing that and so we got to present about all the awesome things that Renaissance had the chance to do. We talked about our suicide prevention and kindness movement. So, that was really impressive. We had some really great vendors, too. We had Idaho Central Credit Union, the Community Kindness Movement and a bunch of other really awesome people that came to support this great event. Hutchins: Our next event was the farmstead where we had 54 people come and we all socialized. We just had a really fun time. The next was our middle school safety summit. This stemmed from us having such a successful High School safety summit. It was the first year that we had done this. We had two speakers -- two guests speakers - - three guest speakers. Officer Gomez. He spoke about internet safety. And, then, we had Officer Ray Ellis present on personal safety. Denen: And, then, our upcoming event that we have is getting involved with the Meridian trunk or treat, which is planned for October 25th and we are expecting a really big turnout, because last year we got a lot of people involved and we are hoping now to have even more MYACers get involved this year. Thank you. De Weerd: Thank you. Council, any questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Not a question, but a comment. Good job, guys. Awesome. As always. You have our one hundred percent support. Continue with the good work. Denen: Thank you. Hutchins: Thank you. De Weerd: As related to the toolkit, can you give us an idea of some of the topics that were brought up and maybe a couple of examples of strategies that might go back to the high schools? Meridian City Council October 2, 2018 Page 7 of 103 Denen: Well, one of the big ones that Renaissance did was our kindness stuff. Last year we put together 800 Valentine's Day cards and put candies in each one of them and we passed them out to every single student in the school. Our focus was just spreading kindness on a day where some people don't always feel the happiest. We just wanted to make sure that everyone was feeling loved and everyone felt supported. So, that was really our big thing last year. I know that other schools have gotten involved with their Red Ribbon Week, other things like that. Yeah, Renaissance was really focused on the kindness part of it. Hutchins: Yeah. And North Star -- I was the at large ambassador last year -- co- ambassador and we focused on Do The Right Day, especially as well, where we made hundreds of cards that we put in everybody's locker with compliments and we just tried to bring everybody together in one day and make everybody do something good. De Weerd: Well, very good. Well, thank you for all you're doing and we look forward to your monthly reports. Hutchins: Thank you. Denen: Thank you, Madam Mayor. Thank you, City Council. B. Moved from 10A: Bike Share Programs De Weerd: Okay. Our second item under Community Items Presentations was removed -- or moved forward. It was 10-A on the regular agenda. So, our Community Development update on Bike Share Program. So, who is up first? Nary: I think I was volun-told to be the spokesman on this, Madam Mayor. Madam Mayor, Members of the Council, so we have had some concerns raised in the community regarding the Limebike program. Myself, Robert Simison from Mayor's office, have had a couple of conversations with the Limebike folks about these concerns and I could point out a few of them we thought we would want to bring to your attention and seek some direction. When this program was originally proposed to the city, they did -- they did want to enter into a licensing agreement with the city and they have, but there were some things that were stated and committed to and proposed at that time that were incorporated into the agreement and some were things like there was a -- there was a quote made at one of the meetings -- we try to do a lot of education up front anytime that we launch. They said they would start with a number of about 200, about half of them to be scooters and half would be bikes. There was a six week rollout period to get these out into the community. Said before we launched we like to get in touch with places like The Village, make sure everyone is aware. We wouldn't want to deploy bikes there without business owners or business operators knowing. They said that they wanted to make sure it was really going to be successful when we do launch, so if there is anything -- any concerns from any of the communities, we would be okay to delay that if needed to make sure that, you know, all of it comes together in a nice way and there was a quote from Council Member Cavener saying support from the Meridian City Council October 2, 2018 Page 8 of 103 highway district is, obviously, I think a key, because it's their roadway. The other piece that I would be interested to know about and we talked about from the Transportation Commission is the feedback from our school districts. They are, obviously, a very large partner with our community and make sure this isn't something that they feel now have to figure and adjust to support. To me that would be really beneficial to know where -- to know that when I want to make a decision and their response was absolutely. So, we incorporated some of those things into our agreement with Lime and now they are called Lime -- they are Limebike and they were required to abide by all city, county and state laws, ordinances, any rules or requirements that would be put in place. They could use city property to operate these, as long as it didn't adversely affect city property, didn't adversely effect the property of any third parties, didn't -- didn't inhibit pedestrian or vehicular movement within the city and public rights of way and not create any conditions that are a threat to public safety or security. The city at its own discretion could support the bike sharing program by helping them with either the solid bike racks or painted locations for parking of these bikes and, then, also working with -- and we can work with them with other private entities to help find locations to park these safely. Also the city is supposed to have its own unlock code, so that if they are placed improperly the city could remove them immediately if they are blocking driveways, sidewalks, handicap ADA access points, things like that. And, then, Lime was to secure all the licenses necessary -- like with ACHD prior to operation. As of today they haven't done any of those things and that's been the concern we have expressed to them, that they had made these commitments in our agreement to do those things and they haven't done that and the complaints that the city has been receiving in light of that have been exactly what these were meant to address. They are putting -- parked by the people leaving them out from Lime to rent on sidewalks obstructing traffic -- or obstructing pedestrian traffic on the sidewalk, obstructing ADA access on sidewalks. In front of businesses that didn't want them on their property. The first day -- they launched this last Thursday, the 27th. The Village made contact with the city, because they were taking them there -- again, no permission, no contact, no discussion with them previously. We met today with ACHD. They do not have a license agreement. They talked to ACHD twice this year very early on, approximately the same time they spoke to the city and, then, came back in August, never engaged ACHD with any type of discussion about an agreement. They did engage today after our conversation. ACHD reached out back to them. So, we are seeing a lot of issues that we have tried to address in our agreement up front and we have asked Lime to pause on continuing this rollout until they commit to doing the things and do the things they actually had said they would and that our agreement contemplated up front. You can't park these on the sidewalk. You can't drive them on the sidewalk. And that's where they seem to be ending up. We are very concerned about -- about disability access on our streets and sidewalks. Again, the same thing in the parks. We have received a number of complaints in the parks about bad behavior and I recognize that they don't completely control the behavior of people that rent these devices, but without any public education or outreach, again, there is a concern out there how they are being used and, then, again, where they are being left. I know we have had a number of internal conversations. I know Chief Lavey has been part of those and Lieutenant Colaianni, so police have -- have their own opinions about trying to deal with these. ACHD has been Meridian City Council October 2, 2018 Page 9 of 103 removing them if they -- if they see them while they are out and about doing their business and they find them to be obstructing sidewalks or obstructing disability access points, they will just remove them and take them. When we met today with ITD, ITD said, again, they -- they don't prohibit them on the roadway, but if they are left on the roadway or adjacent to the roadway, they will remove them as well. So, again, we wanted to make this successful. I think from the staff side we have tried to work with Lime to make them successful and we have been getting resistance or really noncommittal on trying to get these things accomplished. They have agreed to a lower rollout, but, again, some of these other issues still haven't gone away and so we do have some concerns and wanted to both make you all aware of it and, then, also seek your direction what you would like us to do. I know there is a Lime representative in the audience as well tonight if you wanted to hear from him. Those are most of the concerns. I don't know if the police have additional ones they would like to add. I think I have covered the majority of the ones that we received, both at my office, as well as the Mayor's office. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I just want to mention that after Lime came to town, I signed up as a contractor with Lime to pick up, charge overnight, and redeploy their scooters. So, given that, I'm happy to be a resource for information as to the processes and whatnot, but I'm going to stay out of any conversation about whether to exercise any of the provisions of the MOU or anything like that. De Weerd: Okay. Thank you. Chief, did you want to add anything? Lavey: Madam Mayor, Council, I do have a few other words to add. Since Thursday morning Lime has been the topic of our conversations and has been inundating us with complaints. It has been an absolute chaotic nightmare. The frustrating thing for me is that no one reached out to the police department and said, hey, what sort of impact would this have on our city or what would be the unintended consequences or even ask what the legal requirements were for this. 11:27 on September 27 we get a phone call, voicemail from Lime that says, hey, I would like to introduce myself and talk to you about the Lime program that they just implemented three and a half hours ago. We have been chasing Lime complaints on abandoned property, vandalism, broken Lime scooters, Lime scooter races, Lime scooter races in our parks, inundated with complaints about Lime scooters in Settlers Park, in Kleiner Park -- I don't even want to talk about the complaints we got from The Village. He was quite frustrated. Just yesterday we got another complaint where someone was trying to sell a Limebike on eBay. I went back and read the Council minutes from March 27th. Everything that was mentioned to us -- everything that was promised to us has not happened yet. We need to do something. We needed -- well, my opinion is we need to do a cease and desist. We need to stop and we need to educate Lime about what they legally can and can't do. We need to educate our citizens what they can and can't do. What the expectations Meridian City Council October 2, 2018 Page 10 of 103 are. Because even today when we were having a discussion about talking about where you can deploy these scooters or bikes is only half the problem. The other half of the problem is where people are leaving them. This was very mixed up in how it was deployed, very chaotic on how it was deployed and the police department is absolutely opposed to it currently as it stands. Now, we are not opposed to the ride sharing. We think it's an interesting concept. But, boy, it sure started off on the wrong foot and it's soured a lot of people in this community. So, I stand for any questions. But, yes, I did have some additional comments. De Weerd: Well, it's a good thing you didn't have a real opinion on it. Council, any questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Chief, so a cease and desist and, then, what? How much time would you foresee needed to roll this out correctly, if we could stop, because it sounds like a pause is not going to work for our are already overworked and understaffed police. Lavey: You're right. Madam Mayor, Councilman Little Roberts, I don't know if I can estimate a timeline. I think you just got to get people in a room and you need to have that dialogue and that you have to take action upon what that dialogue is and that -- that cease and desist -- or that redeployment has to be longer than three days. You have to get people in a room to sit and talk about what the expectations are, what the -- what the marketing plan is going to be and, then, you have to educate the public and that doesn't take a whole lot of time, but it takes everybody in the room to discuss it and to put that information out. I know that there has been a lot of misinformation out there about what they can and can't do with them, about who can and can't ride them and that information needs to be given to our citizens, so we know what to -- what to expect. I think is a really cool concept, but currently it is not working in this city. Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: Chief, since you just went through the minutes recently, I recall very clearly when we were having this conversation with Lime to -- that they would come up with a real basic list of exactly what you just said, who can ride, how to ride, where to ride and that was supposed to be part of either the sign-up or when you -- when you went to rent the vehicle it would show the rider that right there, so that they would have some kind of idea. And I haven't ridden one. Is that there, Councilman Palmer? Palmer: Madam Mayor. Meridian City Council October 2, 2018 Page 11 of 103 De Weerd: Mr. Palmer. Palmer: Yeah. As soon as you sign up there is a thing that says you have to be 18, you have to wear a helmet, you can't ride on the sidewalk -- there is a whole list of things. Obviously, you can ignore them, but they are there. De Weerd: And I -- and I understand that Limebike is not the only program out there and if we want to do this we want to do it right. Certainly -- I think there was a lot of support from this Council in -- in the concept and -- and a real interest and willingness to work with Lime to roll out their program, but we haven't really had very good communication. Lavey: And, Madam Mayor, I guess that's a perfect example is that we use -- we use Limebike because Limebike are here. Actually, the Lime scooters. But Limebike is here. It's the concept. It's not necessarily the company. And so I don't want to direct all that toward Limebike. However, how it was deployed does go directly to -- to the company. Perfect example on the helmet. No one's going to take a helmet to rent these. No one carries a helmet around on the sidewalk with them and there is no legal requirement that requires them to have a helmet. That's a company policy. So, I think they put that in there to try to minimize liability, but there is no legal requirement that they have to have a helmet. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Chief, maybe not -- know when there might just be one guy that randomly just carries a helmet around with him to Council meetings and -- sorry. Lavey: Was that a question? Milam: I'm letting you know there is one -- Lavey: Yeah. I'm not saying that -- Milam: He's here. Lavey: The one guy. De Weerd: He's probably from Lime, too. Lavey: Yeah. One out of 600,000 in the valley, he has it. Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Meridian City Council October 2, 2018 Page 12 of 103 Bernt: Madam Mayor. Thanks, chief. I -- just more of a comment. I'm actually really surprised, you know, was floored that they didn't contact the ACHD. That's actually pretty surprising. I mean I don't -- I don't see how they could continue without an agreement with -- or at least some type of licensing agreement or an MOU or something with -- with ACHD. How do they expect to ride on the roads and they don't even talk to the guys who own the roads. Lavey: Madam Mayor, Councilman Bernt, it's unique -- or that's a good question. We are a little unique because of the highway district. Bernt: Right. Lavey: We don't control our sidewalks. Bernt: No. Exactly. Lavey: We have some control of the sidewalks, some policing of the sidewalks, but, yeah, it's controlled by ACHD, so it makes it a little bit more unique in this area than it may have perhaps across the United States, but, yeah, there has been some -- there has been some serious complaints -- ADA complaints and I can tell you that's one area you do not want to mess with. If they are blocking the sidewalks for any way whatsoever, they need to be immediately removed, because Title 6 violations are -- are not fun. Bernt: Madam Mayor? Lavey: And it also affects any grants that any entity gets if we get those complaints against us. Bernt: Madam Mayor, follow up. I -- you know, that -- in -- when they first came and presented to us I was actually quite supportive. I think it's an interesting concept. I hope that we can get, you know, the -- the local stakeholders together so we can figure this out, maybe learn what we did wrong and what they did wrong and, then, when they come back maybe in the spring or when it gets a little warmer again we can do a better job with it, but there has to be something we can do to make it so that works for everyone, because there are -- there are some complaints, but I believe there is less -- there is -- there is some folks that are having some fun with them, so -- and we have to strike a balance somehow, in my opinion. Lavey: Madam Mayor, Councilman Bernt, I guess the -- the last thing I ever want to do is -- is create more laws and create more ordinances, but if you don't have an ordinance guiding this, then, they make their own rules and we see what happens then. De Weerd: Okay. Council, it sounds like the -- that Lime has a representative here. Would you like to hear from them? Meridian City Council October 2, 2018 Page 13 of 103 Bernt: Sure. De Weerd: I'm assuming it's the guy with the lime colored helmet. No. Hey. Well, hi, Josh. Don't even recognize him without his beard. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just a comment and maybe a preface to some of your remarks. It sounds like there is -- there is clearly shared concern in a company like yours in any community lives and dies with the success or challenges with its rollout, right, and it can be wildly beneficial or very problematic and if the request might be -- it might not even need a cease and desist, but a voluntary termination of the agreement allows one to step back, regroup, whether that takes two weeks or two months and, you know, come hand-in- hand with ACHD, the school district, law enforcement and see if there is some new teeth in terms that everyone can agree to and comply with for a -- kind of a number 2.0. Kindall: Yeah. Absolutely. Borton: -- if that's possible and it would be, obviously, a voluntary and immediate termination of the current agreement to allow all that to get sorted out. Kindall: Okay. De Weerd: If I could have you state your name and address. Thank you. Kindall: Yeah. Aaron Kindall. I'm the ops manager for Limebike here in Boise and Meridian. De Weerd: Thank you, Aaron. Kindall: You're welcome. Madam Mayor and Council, thank you. I do want to recognize that there have been some missteps probably through this entire process. We have learned a lot on our side, but I can say that my team is -- conveys to me that they have pledged to support -- to collaborate and have worked to collaborate with not only members in this room, but also members of ACHD. I know they have reached out to Director Wong on several occasions and been unsuccessful in connecting with him on some levels. We have talked a lot about it -- about the negatives tonight. I think we have heard a lot of that, but I also want to speak out and say that there has been a lot of positives, which just in that few -- three short days our ridership numbers rivaled that have some of our major metropolitan partners in and around the area in the northwest and so we -- we do know that it's something that is intriguing and exciting to -- to the area. I think Meridian is -- is definitely ready for something like this and I can tell you I have had the opportunity to meet with Attorney Nary and Chief of Staff Robert Simison over the last couple of days and have pledged my support as local kind of boots on the ground to come back, kind of to square one and really do the outreach that we promised Meridian City Council October 2, 2018 Page 14 of 103 that we would do with the community as far as working with local businesses on coming up with ways that we can create designated hubs and parking locations for the scooters, to educate the community, our rider. In fact, we are planning on doing one this Saturday at Centennial Park from 11:00 to 3:00 where we will have myself and members of my team out there with a couple of scooters and walking people through the app, showing them how to safely unlock, to ride, to dock and so on and so forth. On top of that, we have -- we have also made -- we have made some contacts with members of The Village. I have spoken to the operations manager there and we are working on coming up with a collaborative approach to also design and designate spots hubs and spots for the scooters on The Village campus there to protect the aesthetic and keep walkways clear as far as that goes. But, yeah, outside of that I mean -- I think -- I think the city -- not just Meridian, but, obviously, Boise is ready for something like this. I think we have the population and the interest of support that and I think we want to make sure it's done the right way. To your comment as far as kind of going back to square one, I will say that as of today we have pulled a hundred percent of those scooters off the streets of Meridian as we kind of go back and reevaluate how things went and how we can do things a little bit differently and continue to kind of partnership -- partner with -- with the staff here tonight, as well as local businesses. As part of that effort I also reached out to our Downtown Business Association contact today. Wasn't successful in contacting him or getting in touch with him today to work something out, but a pledge to come down and introduce myself and see what we can do to kind of smooth everything over and make this work for the community. I don't know if you have any questions. De Weerd: Any questions from Council? It sounds like we appreciate the opportunity for you to dial it back and -- and actually plan and get back on track to what we heard when you came and presented in front of Council. Working together we can try and -- and figure it out and learn from your deployment what not to do and work on how we can really see these be used in the manner that it has been anticipated. I do think that for the most part everyone was up here excited about the concept, interested to hear more and maybe a little bit surprised when we didn't hear back from you, then, all of a sudden it shows up on our streets and -- Kindall: Absolutely. And I can't speak to what necessarily happened prior to me coming on board with the company, alls I can tell you is that from this moment forward we -- we want to take a different approach and make this work and do it the right way, so -- De Weerd: Thank you, Aaron. That would be great. Kindall: Okay. De Weerd: Mr. Bernt. Bernt: I -- if you can't get in front of Director Wong or anyone from ACHD, just, please, reach out, we will make sure that happens for you. Meridian City Council October 2, 2018 Page 15 of 103 Kindall: Okay. Yeah. We have been having some challenges there, but I would -- I would definitely -- Bernt: Just reach out to us, we will make sure it happens. Kindall: Excellent. De Weerd: I think you have gotten their attention. Kindall: Yeah. Probably not in the manner that we had hoped to, but we are on their radar. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Is the intent that the -- they will remain off the streets until you kind of go back and -- with ACHD and our law enforcement and have those discussions, come back and perhaps present what might be the new terms and conditions? Kindall: Yeah. I think we -- well, I think we introduced a plan of action or an action plan to Mr. Simison last night. We haven't heard back on that, but the -- I think the approach in that initial action plan was to scale everything back, pull everything off the streets and, then, come back with a softer deployment as soon as possibly this Friday. I'm not sure if that's wise at this point, until we can -- De Weerd: No. Kindall: -- educate and get before -- like I said earlier, the local businesses and work on some partnerships and collaboration there. Borton: Sure. Madam Mayor? It might be -- it might be unwise and just my opinion -- I think some of the mistakes we made -- I was supportive of it, but I think our mistakes were not -- you know, not knowing what we didn't know and really compelling you to have that outreach before even a contract was signed. I don't think we appreciated the magnitude of the challenges this could create, even with good intentions. Kindall: Yeah. Absolutely. Borton: So, we missed it ourselves, which gives us extra concern and reason to pause and hope that you might continue to pause deployment really until you have got all these answers and you might get an answer pretty quick, but -- Kindall: Yeah. Meridian City Council October 2, 2018 Page 16 of 103 Borton: -- but you take a big risk trying to roll it out again in the midst of solving problems. Kindall: Sure. Yeah. I think that one of the things that we do want to do when we decide to redeploy is we will go with a scaled back version of that. I know we hit pretty hard with nearly 300 scooters in just a few short days, so the approach on a redeploy would be to back off somewhat and come in a little bit slower, more phased approach as well. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, did you get them all back? Kindall: All but -- Milam: The eBay one. Kindall: All but -- we lost that one I'm pretty sure and there is a couple that we are still tracking down. So, we have got about 99.9 percent of them in our possession. De Weerd: So, you weren't the highest bid. Kindall: No. I -- to be honest with you, I didn't know eBay still existed, so -- Milam: Madam Mayor? I did want to say I -- I have received probably equal number of negative and positive responses personally and so it is -- it is a great program and people are really enjoying it, but the -- the negative -- the impact of the negative outweighs the positive, so although I feel it's a -- it is a great program and I hope that you are able to -- we are able to work together and figure out a way to bring it back and phase it the way that it was supposed to be done in the first place -- I mean it sounds like we may have to create an ordinance regarding the laws of riding these things and -- and I think working with our law enforcement is number one. Kindall: Absolutely. Milam: Thank you for being here. Kindall: You're welcome. Thank you. De Weerd: Thank you. Kindall: You're welcome. De Weerd: We appreciate you being here. Meridian City Council October 2, 2018 Page 17 of 103 Kindall: Yeah. Have a good evening. De Weerd: Thank you. Robert. Simison: Madam Mayor, Council, just because I have been the one that's been -- had a lot of conversations with -- with these individuals -- at the request of ACHD I did reach out to them on Friday and ask that they cease and get their -- move the scooters off of the ACHD right of way, sidewalks, and I want to give Aaron and Lime credit, they have taken steps incrementally to get back -- I think in three separate conversations as late as 5:00 o'clock today with someone else other than Aaron with the company I again asked them to stop and let's work together to try to roll this out. That conversation has not produced the answer that I believe the Council is somewhere implying from this conversation and I don't know that Aaron has the ability to make that call, honestly, but I also want to say I am in conversations with another company that would like to deploy here as soon as possible and they are watching tonight and they are looking at what action you take that will determine probably how they move forward, you know, so if you like the 300 scooters that you saw in the community on Friday and you want to see another two to three hundred in the community in the next couple weeks, I think that sitting here and doing -- doing nothing or not giving clear direction and getting Lime's buy off will make it difficult for me to work with them to get the desired result that Council wants to see moving forward. So, I just want to throw that out there, that that's out there and I will answer any questions you have. I reiterate the conversations have been had with ACHD, ITD, and the police department, that putting a stop to this for right now would be in the best interest while we try to evaluate -- and we want to work with them. We do. I do. You know, I don't want to ride them, because I'm scared, but I'm happy answering questions. De Weerd: Any questions for Robert? Mrs. Little Roberts. Little Roberts: Madam Mayor. Robert, would it be possible -- so if we need so many people at the table to make this work, would it be possible to get a report back prior to a relaunch, because especially to Councilman Borton, I feel like we kind of tripped up as well. We didn't know what to expect, but having left the police out I feel like as a liaison was on me. So, I feel like we need another report before launch of anyone. De Weerd: I think that our office can help facilitate the -- the meeting and we can have it this week. So, we will first pull the -- the different parties together, along with Lime and we can report back next week at our workshop and ask that Lime not deploy any of their scooters until then, if that would be the direction of this Council. Okay. Any -- any final remarks? Lavey: Madam Mayor, Council, I was just kind of debating what to say, but -- and this goes above Aaron, but they -- Limebike has not followed through on any of their promises yet. Not one. So, forgive me that I don't trust them when they say we are going to pull back and not deploy again until we say it's okay. I think we need to do something more than voluntarily, but that's purely one person's opinion. Meridian City Council October 2, 2018 Page 18 of 103 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Chief, I hear what you're saying, but -- I don't know. I think that if we ask them not to deploy and they do deploy, then, it's -- I think, then, they are done. So, I think that -- I think that's enough to get them to hold off for a bit until we all get to the table and -- and can agree on specific terms, because if that happened I would have no problem -- yes. Yeah. Done with them for good. Lavey: Madam Mayor, Council Woman Milam -- and I respect that and so I have to say what I have to say on record, so they hear that, but they already made a whole lot of promises that they said they were going to do it and they haven't done. So, we will -- we will see. And also we have another company on October 15th that wants to deploy as well. So, we absolutely need to wrap our minds around how we want this to appear in our city, how we want it to work, and we have to put controls on it. Otherwise, they are the ones that make up the rules and there is still a lot of questions, even on state code, because if you look at state code it's so far behind technology that we are trying to figure out how this even fits within the code. Segway, another company that came about years and years and years ago, had a vision and they went out to every single state and said this is what our product is, this is what we want to do with it, and they had incorporated it into state law and so it specifically mentions that in state -- in state code and Idaho State Code and across the United States, because they did their homework ahead of time. This is kind of a hybrid between where -- is it a motor vehicle, is it not a motor vehicle and what requirements you have to have and not have. If law enforcement is having a hard time figuring out what you can and can't do with this, what sort of expectations do we have for our citizens? And, then, we wonder why we are having the problems that we have. I think we really need to take a step back and figure out is this concept what we want in Meridian? And I think it is. How do we want it to look and how do we want it to deploy. But we discovered what sort of results we get when we go quickly and I don't think those are the same results we want to go again. So, I guess I just need to put that on the record so they hear what our concerns are. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Chief, do you believe that Boise's ordinance addresses the issues that you're looking at? Is that something we need to take a look at? Lavey: Madam Mayor, Council Woman Little Roberts, there is -- there is some conflicts in that with -- with what we would do. One of the areas that -- for an example, in current city code for Meridian we prohibit bicycles on the sidewalks in downtown core. Bicycles. As we interpret it right now these scooters we believe under code are prohibited on the sidewalks. Boise's ordinance will allow them to be on the sidewalks in particular Meridian City Council October 2, 2018 Page 19 of 103 incidences and so that -- you couldn't adapt it completely. You would have to sit there and go what do you want in Meridian, what are you trying to accomplish and look at that. Now, one of the things that Boise ordinance talks about is you will drive in the bike lanes. You will drive in the roadways. And, then, it gives some exceptions to it if those aren't available, well, then, you could be on the sidewalk. So, it wouldn't be a -- a continuous on the sidewalks. But, then, that's an enforcement issue, then, too. It's like, okay, is -- is -- are they driving on the sidewalk legally at this point in time or illegally at this point time and -- and are not going to know and so it's -- it's going to happen. So, those are just questions that you have to ask. Do you want them on sidewalks and, if so, change the law. But that's not something that we can determine, we just enforce the code and make suggestions on what it should say. So, I do think it's a step. I do think it puts parameters on what they are trying to do, but you may not be able to adopt it completely. Because what their ordinance is is not necessarily what you may or may not want for Meridian and I can't say that. That's something only you guys can decide. Or our citizens. De Weerd: Mr. Bernt. Bernt: Madam Mayor. Chief, thank you. Just a point of clarification. And maybe you can ask -- ask this -- or answer this question. Maybe Bill. But can -- can these companies deploy without an MOU of any kind? Can they just show up one day and have it be open for business? Lavey: Madam Mayor, Councilman Bernt, yes, to a degree. They still have to comply with all federal and state codes. I mean any local codes that we have in place. And so we currently have state codes that say you can't drive on the sidewalks. We currently have federal codes that say you can't block, you know, ADA and things like -- so, they have to comply with those. The MOU only covers them on city-owned property or city controlled property. But on the sidewalks where they want to deploy them, they have a -- get a licensing agreement with ACHD or ACHD has to amend that licensing to the City of Meridian where we could allow that to happen, but, then, it just becomes more enforcement issues. De Weerd: Okay. Any further questions? So, I assume that Robert has Aaron's phone number and we will work on pulling that meeting together. Any -- anything further, Mr. Nary? Nary: Maybe one last comment, Mayor and Council. You know, we -- we were trying to work within the existing code. We don't like to create more laws -- De Weerd: Will you pull that closer? Nary: Oh, sorry. We try not to create more ordinances and more enforcement tools if it's not necessary and I think based on what we have seen in the rollout and maybe to follow up on Council Member Little Roberts' question, Boise -- because of their greenbelt have a completely different model of how they use these types of devices. Meridian City Council October 2, 2018 Page 20 of 103 Bikes as well. And so that's the reason for their ordinance. Now could we use some of that? Possibly. Again, our number one concern is the public safety and the public access and that's -- that's not being done currently and that we have to take a very hard line on to make sure that that isn't going to get impeded. Again, we want to work with them, we want to make it successful and we were trying not to create a bunch of ordinances on top of it, if not -- if not necessary, but we will see if we can get something together quickly and make it successful. Item 9: Action Items A. Request to Schedule Public Hearing for November 7, 2018 for Burlingame Subdivision H-2018-0079 by Yuriy Mukha, Located at NW Corner of West Cherry Ln. and N Black Cat Rd. 1. Request: Rezone of property from R -4 (18.994 acres) to R - 8; and 2. Request: Preliminary Plat consisting of 74 single-family residential building lots and 14 common lots on 18.994 acres of land in a proposed R -8 zoning district; and 3. Request: Modify an existing Development Agreement to allow for additional residential and common lots, to allow for R-8 zoning and to change certain other provisions of the agreement De Weerd: Thank you, Bill. Okay. Item 9 is under Action Items. Our first number, 9-A, is a request to schedule the public hearing for November 7th on H-2018-0079. Sonya, is this one yours or Mr. Nary? Allen: Madam Mayor, Members of the Council, this application has requested by the applicant to be continued to the November 7th hearing in order for the applicant to be present at the hearing. They were unable to attend this evening. De Weerd: So, this is a request for a continued public hearing? Allen: Yes. Coles: Madam Mayor? De Weerd: Yes, Mr. Clerk. Coles: Thank you, Madam Mayor. If I may jump in and Mr. Nary also can fill in any gaps here. So, this is unusual. This isn't a traditional public hearing item. There was a memo in your packet. Our code, Section 11-5A-6G5 requires that when the Planning Meridian City Council October 2, 2018 Page 21 of 103 and Zoning Commission is the recommending body, that this Council receive that recommendation within 45 days. The applicant requested a waiver to that -- or really didn't request a waiver, they said they waive their right to that requirement and wanted to schedule for November 7th. The -- our code doesn't allow for such a waiver request. So, what you have tonight is that agenda item -- that application on your agenda to meet that code intent, which will, then, allow the applicant to make the request to move to November 7th and allow the Council to make that determination. So, it's -- it's not a traditional item and, again, Mr. Nary can fill in any gaps that -- or answer any questions you might have, but that's why it's listed the way that it is this evening. De Weerd: And this request is made because the application cannot make any of the dates in the 45 days? Coles: Correct. And in order to meet the noticing deadlines, the date that we had chosen was October 16th, so that we can meet those deadlines. They could not make that date and so they said we waive our rights to the 45 days, we would like it on November 7th. We can't just like waive it and, then, schedule for November 7th, the Council has to see that request, which is why it's listed this evening. De Weerd: Okay. Mr. Nary, anything to add? Nary: Madam Mayor, I think he covered it all. De Weerd: Okay. Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there are no questions, I move that grant the request and/or continue the request for a public hearing to be heard on November 7th, 2018, for H-2018-0079. Bernt: Second. Milam: Second. De Weerd: I have a motion and a second to set this to November 7th. Any discussion? All those in favor say aye. Any opposed? Okay. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing for Earl Glen Subdivision H-2018-0094 by Riley Planning Services, Located at 1780 E . McMillan Rd . 1. Request: Two Year Time Extension on the preliminary plat in Meridian City Council October 2, 2018 Page 22 of 103 order to obtain the City Engineer’s signature on a final plat and extend the time to commence the multi-family use as permitted with the conditional use permit De Weerd: Okay. Item B is a public hearing on H-2018-0094. I will open this public hearing with staff comments. Leonard: Madam Mayor, Members of the Council, the project before you tonight is a time extension for a preliminary plat and conditional use permit for Earl Glen Subdivision. This site consists of 4.65 acres of land, zoned R-8 and R-15, located at 1780 East McMillan Road. In 2015 this property was rezoned and a preliminary plat and CUP were approved for the construction of 17 single family homes and 16 multi- family units. A DA was required as a provision of the rezone at the time. In 2017 a one year time extension was approved by the director on the preliminary plat and CUP. This request is for a two year time extension on the preliminary plat in order to obtain the city engineer's signature on the final plat and commence the multi-family residential use as approved with the CUP. This is the second time extension for this project. As part of the extension the UDC grants the Council authority to require compliance with the most current provisions of UDC. Therefore, staff recommends two new conditions of approval as provisions of the requested time extension as follows: First, future development shall comply with the design standards in the architectural standards manual. Second, the applicant shall comply with the Public Works supplemental specifications and drawings. Staff recommends approval with the conditions listed in the staff report. With that staff will stand for any questions. De Weerd: Thank you, Stephanie. And welcome to the team -- at this level anyway. Council, any questions? Does the applicant have anything to add? Good evening. If you will, please, state your name and address for the record. Constantikes: Madam Mayor, Council Members, Penelope Constantikes, Post Office Box 405, Boise, Idaho. 83701. De Weerd: Thank you. Constantikes: Everything that needed to be said probably included in the project letter, the first slide that was shown, the two white parcels to the north of our site, the applicant also owns those. So, they are exploring whether to move forward with just Earl Glen as it is now or incorporate it into a larger scale project. So, there has been some purchase interest in the parcel and they are just exploring their options for how to best move forward with this or perhaps the addition parcel. With that I would be happy to answer any questions. De Weerd: Thank you. Council, any questions? Constantikes: Thank you. Meridian City Council October 2, 2018 Page 23 of 103 De Weerd: Thank you. Mr. Clerk? Coles: Thank you, Madam Mayor. We did have one sign up. Kim Kinski indicated neutral, but did not indicate she wished to testify. De Weerd: Okay. Seeing -- seeing no Kim, is there anyone else who would like to provide comment on this item? Okay. Seeing none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move we close the public hearing on -- what number are we on? 9-B. Bernt: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move we approve H-2018-0094. Bernt: Second. De Weerd: I have a motion and a second to approve Item 9-B. Mr. Clerk, will you call -- Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: The motion includes the staff recommended new conditions of approval? Milam: Yes. De Weerd: Thank you. Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Meridian City Council October 2, 2018 Page 24 of 103 MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing Continued from August 21, 2018 for Bainbridge Franklin H-2018-0057 by Steve Bainbridge, Located at 2075 and 2155 W. Franklin Rd. 1. Request: Annexation and Zoning of 3.68 acres of land with a C-G zoning district De Weerd: Okay. Item 9-C has been requested to continue to November 7th. Staff, can you give us a little history on what the -- why is the request being made? Allen: Yes, Madam Mayor, Members of the Council. I'm actually covering this one for Josh Beach tonight. The applicant is requesting continuance in order to address the concerns that were raised by staff and the Planning and Zoning Commission at the hearing. De Weerd: Okay. So, they are trying to address those before they come in front of Council. That would be awesome. Okay. Is there anyone here tonight wishing to comment on this application? Okay. Bernt: Madam Mayor? De Weerd: I will first go ahead and open this public hearing on H-2018-0057 and Mr. Bernt. Bernt: We are not closing? De Weerd: No. Milam: No. Just continue it. De Weerd: You want to continue it. Bernt: I move, Madam Mayor, that we continue H-2018-0057 to November 7th, 2018. Milam: Second. De Weerd: I have a motion and a second to continue 9-C to November 7th. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Hearing for San Gorgonio Subdivision H-2018-0092 by A Team Land Consultants, Located at 200 Rosalyn Ct. Meridian City Council October 2, 2018 Page 25 of 103 1. Request: Short Plat consisting of 4 residential building lots and 1 common lot on 1.23 acres of land in an existing R -8 zoning district De Weerd: Okay. Public hearing under 9-D is for H-2018-0092. This is for a short plat, but I guess I will just talk about process before we get into this first public hearing. Staff generally, as the first to present, they give background information regarding the application that is in front of Council for a decision. Then the applicant has up to ten minutes to talk about anything in addition to what staff has presented and, then, we get into the public testimony area. Public testimony has a three minute opportunity to share your comments regarding the application and if you are in support or opposed and at the end the applicant does have the final word. At that time we ask that the applicant follows up on any -- any questions that might have been raised through public testimony and provide any additional information. At that point, if the applicant has answered all the questions, Council will ask questions of staff, applicant, or perhaps someone that provided testimony that they would like a little further detail from. That is our process that we follow with our public hearings and in particular for land use and city ordinances and I do want to note that prior to the Council meeting tonight the Council has an opportunity to review all the materials in their packet. That includes staff reports, agency comments, Planning and Zoning hearings, et cetera, and any testimony that comes in its written form. De Weerd: So, with that I will ask for staff comments on Item 9-D. Allen: Madam Mayor, Members of the Council, the next application before you is a request for a short plat. This site consists of 1.23 acres of land. It's zoned R-8, located east of South Meridian Road, midway between Overland and Victory Roads, at 200 East Rosalyn Court. In 2005 this property was annexed and a preliminary plat and final plat was approved for Larkspur Subdivision No. 2, consisting of 47 single family residential building lots and five common lots on 10.3 acres of land. The Comprehensive Plan future land use map designation for this property is low density residential, which is three or fewer units per acre. The proposed short plat consists of four building lots on 1.23 acres of land in the R-8 zoning district and is a resubdivision of Lot 9, Block 4, of Larkspur Subdivision No. 2. The existing home will remain on a lot in the proposed subdivision and will continue to have direct access via Rosalyn Drive. The other three lots will be accessed by a common driveway from Rosalyn. Written testimony has been received from Steve Arnold, the applicant's representative. He is in agreement with the staff report. Staff is recommending approval with the conditions in the report. Staff will stand for any questions. De Weerd: Thank you, Sonya. Any questions for staff at this time? Okay. Is the applicant here this evening? Good evening. Constantikes: Penelope Constantikes, Post Office Box 405, Boise, Idaho. 83701. I'm here for Steve Arnold this evening. He is at a meeting north of here and was unable to attend. So, two neighbors attended the neighborhood meeting. Steve conveyed to me Meridian City Council October 2, 2018 Page 26 of 103 that they seemed to be excited by the project. The applicant and property owner have both reviewed the staff report and are in agreement and are happy to comply with all the conditions of approval. With that I would be happy to answer questions. De Weerd: Thank you. Council, any questions for the applicant? Thank you. Constantikes: Thank you. De Weerd: Mr. Clerk, were there any signed up to provide testimony? Coles There are not. De Weerd: Okay. Is there anyone who wishes to make comment on this application? Okay. Seeing none, Council. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move we close the public hearing on Item 9-D. Little Roberts: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move we approve H-2018-0092 with all staff and applicant comments. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 9-D. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council October 2, 2018 Page 27 of 103 E. Public Hearing for Owyhee High School (H-2018-0075) by West Ada School District, Located at 7020 W. Ustick Rd . 1. Request: Annexation and Zoning of 108.76 Acres of Land with an R -8 Zoning District; and 2. Request: Conditional Use Permit for an education institution high school) in an R -8 zoning, lighted fields and an outdoor speaker system within and adjoining a residential district, the generation of vehicular trips per day in excess of 1,500, proposed access to a collector street and there is not a safe, separate pedestrian and bikeway access between the neighborhood and the school site De Weerd: Item 9-E is a public hearing on H-2018-0075. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for annexation and zoning and a conditional use permit for the Owyhee High School. This application is coming forward to you tonight with a recommendation of denial from the staff and the Planning and Zoning Commission and staff will go into the reasons why later in my presentation. This site consists of 108.76 acres of land. It's zoned RUT in Ada county and is located west of North McDermott Road on the north side of West Ustick Road at 7020 West Ustick Road. The Comprehensive Plan future land use map designation for this property is medium density residential and it does have a school site designated on the future land use map in this general area. The applicant is requesting approval to annex and zone a total of 108.76 acres of land, consisting of three parcels from the RUT zoning district in Ada county to the R-8 zoning district in the city, consistent with the medium density residential future land use map designation. A conditional use permit is requested for the following: An educational facility, a High School, in an R-8 zoning district, lighted fields and an outdoor speaker system adjoining and within a residential district, the generation of vehicle trips per day in excess of 1,500 and access proposed from a collector street and there is not safe, separate pedestrian and bike way access between the neighborhood and the school site in accordance with UDC Table 11-2A2 and the specific use standards listed in 11-4- 3-14, education institution, a conceptual development plan was submitted as shown that demonstrates how the overall site is proposed to develop with 246,390 square feet high school to serve 1,800 students on approximately 66 acres of land in the central portion of the site with 15.7 acres reserved for a future elementary school at the north end of the site and future resident development proposed on the 11.63 acres at the south end of the site and 15.43 acres on the east side of the site, which is the Spriggel parcel. So, just to show you about where that's at, the Spriggel parcel is right here. That area -- that piece of land is the annexation path for the school property and there is no development proposed on that parcel, it's solely being annexed for the annexation path Meridian City Council October 2, 2018 Page 28 of 103 for the school. The northern portion of the property right here is where they elementary schools site is proposed and down here on the south is the future residential area that's depicted on their concept plan here. Conceptual building elevations were submitted for the high school as shown. The structure is proposed to be divided between one and two stories. Building materials are proposed to consist of integral colored structural CMU and CMU veneer and smooth and split faced finish with free finished metal panel accent panels. The roof is Mosol membrane roofing, concealed by a combination of parapet walls and mansard roof finished with standing seam metal roofing. The staff recommendation of denial of the annexation and consequently the conditional use permit was for the following reasons. The fire and police department do not support a single public access to the site as proposed for life safety reasons due to the size of the project, anticipated occupancy of the high school and future elementary school, traffic generated from sporting events and the need for traffic to be able to enter and leave the site efficiently and quickly, especially in the event of an emergency. In an emergency situation the single access could be blocked and there would be no other way in or out of the site. The fire department cannot meet response time requirements for this development without another fire station being constructed closer to this site. Ada county emergency services would also have extended response times to this site. Current resources would not be adequate to supply service for this project. The police department response times to this site are estimated to be beyond the average response times recorded by Ada county. To mitigate the extended response time an SRO officer and office would need to be provided at the school. And I'm going to just take a moment here and -- and that's not going to work. Give me just a second here. Oh, there it is. So, here is the Google Earth view of the property. As you can see this is very much a rural area. There is no development of urban services around this property. It's currently a dairy farm and there is agricultural land surrounding it. Safe pedestrian and bicycle access to the school site does not exist, because the property is a rural area. The inclusion of the Spriggel parcel within the annexation boundary solely for the purpose of providing an annexation path for the school without that parcel being part of the development application promotes leap frog development and creates sprawl, which isn't good planning and doesn't allow for efficient provision of city services and infrastructure to be constructed. It also creates a Swiss cheese issue for the police department in that only the north half of Ustick Road and the west half of McDermott Road would be in the city and the surrounding roadway would be in the county, which would require the Ada County Sheriff's Department to service the unincorporated land and roadway in between. There is approximately 2,500 acres west of Ten Mile Road to McDermott Road north of I-84 that is yet to be annexed into the city and developed. Right here you can see the colored areas of the annexed area in the city and the white areas are still in the county. The red dot is where the subject property is located. Providing city services to this property is not an efficient provision of services and creates confusion on service boundaries. No other properties have been annexed on the west side of McDermott Road. In fact, a project to the north of this site, Copper Brick Subdivision, was denied a couple of years ago by Council based on Council's decision that it was not in the best interest of the city to annex the property at that time based on comments from the public hearings. Reasons for denial discussed at the hearing were that the Council wanted the city to develop from the inside out, rather than Meridian City Council October 2, 2018 Page 29 of 103 the outside in and concern that stretching city services out west of McDermott would take away services to existing residents and open up another square mile for development. Nothing in this area has changed since that time, except that many more developments have been approved and developed within the city that further impact the provision of city services. Annexation of the school site would stretch services even further. Because the school site doesn't extend all the way south to West Ustick Road and east to McDermott Road, a street buffer landscaping and sidewalks are not proposed along these arterial streets. Additionally, because the elementary school site is not proposed to develop at this time, the north-south collector street is not proposed to extend to the north boundary, which would create a gap in the collector street if the property to the north of the annexation area develops. Annexation of the subject property would create a domino effect for adjacent properties to request annexation and further the sprawl and Swiss cheese issue experienced by the police department when responding to calls. The city is already receiving inquiries from parties interested in developing land in the area west of McDermott near the school site. The applicant's conceptual development plan does not contemplate ITD's local street access plan for the properties that currently have access via McDermott Road that will be impacted by the extension of State Highway 16. Staff does recommend another high school is very much needed in north Meridian. Staff does not feel it's in the best interest in the city to annex the property for development at this time point. At some point in the future when the city boundaries expand more fully to this area it would be logical to annex and develop a school on this property, but with the life safety issues noted by the police and fire departments staff does not feel it's in the best interest of the city to annex and develop this property at this time. At this time I will go through the Commission -- summary of the Commission hearing. Again, the Commission did recommend denial of these applications. Those that testified in favor of the application were Eric Exline -- Exline, chief communication office -- excuse me -- officer of West Ada School District, the applicant. Matthew Adams, The Land Group, the applicant's representative. Ed Klopfenstein, Mark Freeman, Folley Freeman, counsel for the West Ada School District. Eric Thies, president of the West Ada Education Association, and Mike Vulttonet -- excuse me very much if I mispronounce your name. In opposition was Jeffrey Wardle, Spink Butler, counsel for Boise Hunter Homes and Woodside Avenue Investors and commenting was David Ferdinand, Glen Baum, Jim Hunter, Boise Hunter Homes and Paul Moore. Written testimony was received from Jeffrey Wardle, Spink Butler, Mark Freeman from Folley Freeman and Gerald Flower. Key issues of discussion was the need for a new high school to serve area residents as Rocky Mountain High School is over capacity. Access to the Woodside Avenue Investor, Boise Hunter Homes property to the east -- and I will just flip back here real quick. This is the Woodside property right here. And only one point of public access to and from the site and the associated life safety concerns. Key issues of discussion by the Commission were as follows: The need for a secondary public access to the site. Other properties owned by the school district that would -- that might be more suitable for the development of a high school that are not on the city's outer fringe. The Swiss cheese effective of annexing this property and creating more sprawl. Provision of access to the Woodside Avenue Investor property to the east. Desire for the project to not be delayed and move forward to Council by the applicant addresses the issues noted in the draft conditions of Meridian City Council October 2, 2018 Page 30 of 103 approval. And just a side note. Staff is -- was always recommending denial of this project, but staff did prepare some draft conditions of approval just for talking points if the Commission and Council chose to go forward with a positive recommendation and approval of this project. They are only draft. They need to be revisited if the Council decides to approve this project tonight. So, staff would be recommending a continuance if that is the case, so just a side note on those draft conditions. They really aren't conditions, because staff is recommending denial. Subsequently, the Commission. Recommendation of this -- of denial stated by the Commission were based on the following: The patchwork of annexation it will provide if this property is annexed. No secondary public access, particularly to McMillan Road with a signal, and safety concerns noted by the police and fire department. Written testimony since the Commission hearing. There have been many, many letters of testimony, the majority of which are in support, but there are some against and, then, there was a memo from Gary Allen and Jeffrey Bower, Givens Pursley, that included a memo of understanding submitted from Heartland Homes Property Management, LLC, committing to the extension of a north-south collector street from the north boundary of the school site to McMillan Road, contingent upon annexation of the property to the north. While that would solve the -- the access issues for this site, staff does have some strong concerns about that. It doesn't only concern the extension of the road, extension of city services, water and sewer mains would be required within that roadway as well. So, there would be substantial cost associated with that, as well as pedestrian facilities along that street and this is not a consent from the property owner, this is from -- to my understanding the potential developer of the site and -- and this would be solely contingent upon annexation of this property to the north of this property out to McMillan Road, in which the city does not even have a development application at this time. Staff did meet with them today for a pre-application meeting to discuss the possibility of them submitting an application and going forward with this, but just -- just so the Council knows where we are at on that. That's the situation. And, then, we do have a video for you tonight from our police and fire department that I would like to show here. (Video played.) Allen: Madam Mayor, that will conclude staff's presentation. Staff will stand for any questions. De Weerd: Council, any questions at this time for staff? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Sonya, could you show us on the map where the closest services for connecting water and sewer would be to this property? Allen: Mr. Stewart here can respond to that. Meridian City Council October 2, 2018 Page 31 of 103 Little Roberts: Okay. Thank you. Stewart: So, the closest sewer service at this point is just to the north off this page. There is a lift station. A main trunk line would have to be constructed about 1,500 feet to get to a point where it could come off this way and come into the northern portion of the property. Water service connection is probably almost another quarter to a half a mile to the east on Ustick Road. Little Roberts: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Does the fact that it's not close cause an issue, given that the applicant will be the ones paying for that? Stewart: Not necessarily. I mean the -- the services -- we have master planned for those services to be put into place. The reality of it is they do currently exist quite a ways from the site and will be a significant expense in bringing those services to the -- to the site. Water and sewer service can be, if they are done properly, we can provide the flows that are required on the water side and also the sewer flow that is necessary. My concern with this -- probably the most significant concern I have is there has been some desire expressed by the applicant to enter into a reimbursement agreement to get reimbursed for those costs. That's something that we don't typically do at the City of Meridian. In fact, we have had very similar requests -- almost identical requests from some of our development community and we have always told them no, because this is what's contemplated it in the master plan and if you want to build this far out this is what -- this is the cost that you incur. You -- you end up getting cheap land out here, but it comes -- there is a reason it's cheap and that's because it comes -- no sewer service, no water service come at a pretty steep cost. De Weerd: Okay. Any other questions at this time? Okay. Is the applicant here? G.Allen: Everybody ready? Are you ready, Madam Mayor? De Weerd: Yes. Hi, Gary. If you will, please, state your name and address for the record. G.Allen: All right. Thank you very much. Madam Mayor, Members of the Council, my name is Gary Allen. I'm with the Givens Pursley law firm. My work address is 601 West Bannock in Boise and I'm representing the West Ada School District. I'm very excited to be here tonight to talk with you about the Owyhee High School. We have asked for a little extra time for our presentation given the importance of the issue and somewhat complex issues. So, hopefully, if we can accommodate 20 to 30 minutes. Meridian City Council October 2, 2018 Page 32 of 103 De Weerd: Council, we have never had that kind of request before. I will give you 15. G.Allen: Okay. De Weerd: Or extend it up to 15. G.Allen: All right. De Weerd: Council, any issues with that? G.Allen: Okay. Well, I'm sure this will all come out in the wash as we go. So, what we would like to cover tonight -- one is a little bit of information about why the school is needed now and in this location. Why this is a community asset and, then, some of the specific issues that were raised. Number one, we disagree that this is a patchwork annexation. Secondly, to discuss the second public road, which we think is the major concern of the police and fire. The safe routes to school issue and how we propose to resolve that. The Woodside Investors access issue and, then, the conditions of approval that we have proposed. Let me begin by introducing Eric Exline from the school district to talk a little bit about the need and location of this project. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I mean do whatever you would like with your time. I -- I don't think any of us have any doubt whatsoever of the need. I'm most interested in -- in the latter things that you mentioned, the understanding -- your remedies to the -- to the concerns that have been brought up. By all means, you know, preach to the choir about the need for this school, but -- you know, the time is yours, but I would recommend focusing on what to do with all the concerns. G.Allen: We have got less time than we expected, maybe I will just cover this very quickly and get into the meat of the land use issues. De Weerd: Thank you, Eric. That's the shortest presentation I have heard you give. G.Allen: All right. So, we want to make sure the Council understood that the kind of issues that are being discussed here, particularly as to the location of the school, were carefully considered by the school district as they made this site location decision. So, I'm showing you some information from the bond that was issued and -- I mean you're well aware that the surrounding high schools are dramatically overcrowded and that there is a significant need for this. The location is chosen, as all of the high school locations are, to be three to four miles away from the nearest one. This one is a little closer than they would -- would really like, actually, so the school -- school district's committee actually of 54 community members looked at this closely, chose this site, because it's in about the right location, it's in a place where growth can grow to it and Meridian City Council October 2, 2018 Page 33 of 103 that's what you want to do with your public facilities and -- and so that was a very important consideration. It was specifically discussed in terms of the bond that this would be in this location, it would be opened by fall 2020 and it would be on the north side of Ustick just west of McDermott and that design work was underway to build this site in this location. So, the school district's been talking about this location for months, as many of you are probably aware. Again, here is more materials talking about how the site was selected and where it would go. I think you all know that is very important for this part of town to have this school and to provide -- it will improve the values around here and -- and do all of the things that you want from a public school. So, let's dive into the issues. First about patchwork annexation. We disagree that this is patchwork. It's in the city's area of impact. It's marked as a school site in the Comprehensive Plan. The zoning is permitted by the Comprehensive Plan. It's contiguous with the city limits with the Spriggel parcel and, again, the site was carefully assessed by the planning committee to be in the right place at the right time for a new school. You don't plan a couple years ahead for a high school. You plan for decades. Meridian High School has been in your city for over a hundred years and this school will be an asset like that. You can't be short sighted when you site a piece of property like this. Here is where your city boundaries are now. That's -- it's a logical extension of that. This will fill in quickly. You will be surprised how quickly this high school is surrounded by development. You have got 14,000 units coming online in your city. We are going to need this high school to serve them. There is no in-fill site that works for this. All right. Let's talk about the second public road. We think this is the really major issue that we -- that -- that was raised with substance. We agree with everything we heard in that very nice video from the police and fire. I have never seen anything quite like that at a -- at a hearing like this. So, it was -- you know, that was -- that was well done. We agree that -- that there should be a second public access. Now, the district is providing an access all the way from its site down to Ustick, that's the first access, and they build the mid mile collector all the way along there. The question is this spot to the north. Obviously, the school district doesn't control that. So, how do we gain that access? Well, the district listened and went out and made a -- reached an agreement with the developer of the property Trilogy -- there is a representative here tonight, Bob Taunton, is going to talk about this and in this agreement what Trilogy has done is they said we are going to seek annexation. You hear that that first they -- they had their first meeting with the staff this morning. We heard that went quite well and there were a lot of -- of very interesting and helpful things discussed there. Trilogy has agreed to build the mid mile collector and my understanding is that includes the pedestrian facilities -- obviously they will have to bring the utilities that serve their development in whatever -- in the way that the city requires and that this all has to be done by completion of the high school. And, then, on top of that Trilogy has agreed to provide a fire station site, which I understand the fire department is pretty excited about, in order to help alleviate the concerns about the level of service that can be provided out here, even though it really isn't too bad as -- as it stands now. This addresses that concern and gives the ability to build another fire station when that's required. So, when we get to the conditions of approval what you will see is -- not that the -- the condition of approval is simply that the school district -- or that the road has to be constructed by the -- by the completion of the high school. We don't get to walk away from that condition if Meridian City Council October 2, 2018 Page 34 of 103 somehow you decide not to annex -- annex the Trilogy site. So, at that point there will be options and if something like that happens we will have to figure out what to do, but the school district has said we will commit that the road has to be built by the time the high school is open. That's the important point. Let's move from that to safe routes to the -- to the site. So, the district is going to build over a half a mile sidewalks on the mid mile collector on the east-west collector over to McDermott and the -- on Ustick and so they are doing a lot to help alleviate that pedestrian access issue. However, they can't be expected to build all the sidewalks in the area, as the staff recommendation was. It is over two miles of additional sidewalks, which were proposed by the staff. That's not only a fiscal concern, but it's also like how do you get all the landowners to agree to that. That simply wasn't practical. Bernt: Excuse me. I don't mean to interrupt. Madam Mayor, can we see a picture of what he's -- Milam: That's what I was writing down. Bernt: Can we see a picture of what the gentlemen is explaining about the sidewalks, you know, with -- De Weerd: That makes it a challenge, because this is his PowerPoint. Bernt: Okay. Okay. Maybe -- De Weerd: Maybe we can put it up afterwards. G.Allen: Maybe we can cover that in questions. Bernt: Sure. Good idea. De Weerd: Yes. G.Allen: And I'm not entirely sure I understand where all that staff was proposing, but -- so -- but the -- Bernt: Sorry to interrupt. That's a good idea. G.Allen: So, but the solution that the district has proposed, which we understand the staff concurred in when we met with them last week, was that we would simply provide busing for all of the students to go to this site. As the, you know, area around it fills in, then, you will have other -- other options. But that's the practical solution for now. All right. So, let's talk about the Woodside cross-access. So, as you heard, the Woodside property is right here and this is the southern part of the school site where there is future residential or no development application proposed at the moment, but what the Woodside developer has asked is that the school build a 50 foot street from here to here to provide access in the event that Highway 16 gets built here and so they have at Meridian City Council October 2, 2018 Page 35 of 103 least a second access if they get hemmed in by the intersection there and we agree that secondary access could be provided to that property. That's not -- not the issue. The biggest issue is that it doesn't make any sense to build the street now. The State Highway 16 project, the location and the timing, are all uncertain. We could be building a road to nowhere. ITD has agreed to build this local street here when it builds the intersection, which will give a first access to that -- to that site and, then, the other issue is that the school district doesn't have any plans to develop that southern parcel at this point. So, in my experience in a multi-phase project, I have never seen where the developer had to actually build the streets in a future phase to -- to help somebody else's access issue. So, rather than build the road, what the school district proposes -- and, well, let me just say that that's a four to five hundred thousand dollar project, that comes right out of the school budget that goes to provide access to that developer. So, what we propose instead is to provide access to -- and to dedicate right of way for a local street, which would be right in this location here. This is a conceptual development of what might happen on this property. It's going to connect to the north end of this Flower parcel, which would provide access through when it develops. This allows us to build a street at a distance from the intersection that meets -- which is a local street, which is allowed in that location and is far enough from the intersection to make sense. What we are proposing is that the -- first to develop pays for the street. That's the way that it normally works and that's what we would expect to do here. The last issue around this is utilities. So, the developer has asked for certain water and sewer locations. Our proposal is consistent with -- with what they have asked for as far as water goes. So, I don't think -- I think that works from their standpoint. And as far as the sewer goes, they want to connect into our sewer system and into that sewer drainage, we don't have a problem with that, but the city's Public Works does. So, they -- the city wants them to be in the McDermott drainage, as I understand it, when that project is built. So, we can't offer them any help there. So, that's the last issue that we have -- the last major issue that we have got here, as I understand it. So, what we have done to make this easier for you is we took the draft conditions of approval that the staff recommended and we marked them up in this document, which is in the packets that we handed out and this -- then we just have a clean version of those and so mostly there are, you know, minor markups are the same as what the staff proposed. There are three -- some -- some differences, of course. So, the safety busing issue that we proposed to address the safe sites through busing, that's condition H. You can read through that and see if that addresses your concerns. The second public access is in condition K and the Woodside cross-access is addressed in Condition G. So, we have proposed solutions to all of those. So, if you agree with what we have to say tonight, you can simply move approvals with the applicant's proposed conditions of approval. We are not opposed to giving staff and everybody some time to kind of hash through details on the conditions of approval if we are generally in -- in agreement here and, obviously, you have got a few major issues that you -- that you need to work through. As we went through this process what we heard is that the second public street access was the big thing and that we may have misheard this, but our understanding is that that addressed the concerns of the fire and police, along with the second fire station site. The issues about, you know, additional sprawl and all of that did not seem to be -- well - - and, you know, the staff can speak for themselves, but we -- we did not perceive those Meridian City Council October 2, 2018 Page 36 of 103 as being critical issues here. We think that, you know, you're going to be looking a lot -- you know, we are going to create some delays and issues with the location of this high school if you want to try to move it in closer somehow and wait while the timing gets worse. I think we -- we would like to have -- I think I will probably ask Eric to come up here during the public testimony and talk a little bit more about that siting decision that was made and how they decided that they wanted to be here, because that was carefully done. That was not a haphazard decision at all and we hope that the city's planning and the school district's planning can mesh in that respect. So, with that I think I'm done with my presentation. I appreciate the extra time. If you -- hopefully, you know, if there are questions we can have -- start having a little dialogue here about what remains to be resolved here, because we all know that this commit -- this community needs a new high school and it needs it yesterday. You know, the best we can do is 2020 or 2021, but let's get going on that tonight. So, thank you very much and take any questions. Milam: Madam Mayor? De Weerd: Thank you, Gary. Yes, Mrs. Milam. Milam: Yes. Thank you. And there is -- like Councilman Palmer said, there is not one of us sitting here that doesn't understand the extreme need for -- for more schools and I appreciate the adding of the road, because, obviously, I watched the -- the Planning and Zoning hearing and that was the main -- the main issue. There are a lot of other issues. That was like the main safety issue. What about -- I know -- I read ACHD's report and it had a lot of -- a lot of stuff to say. Is there any other recommendations from ACHD as far as road widening and signals and -- they had quite a long laundry list of things they wanted you to do as well. G.Allen: My understanding is we are prepared to accept all of ACHD'S recommendations as conditions, so -- Milam: Okay. That's great. G.Allen: So -- yeah. So, there is -- and I didn't talk about this. I need to learn to talk faster I guess, but there -- you know, there was a carefully thought through access plan and you know -- and my understanding is with the conditions that ACHD provided, they were comfortable with access and -- and safety on roads and -- and there is no issue in -- in performing those conditions. I think we may -- we have them all in here. If we don't, then, they can be added for sure. And, again, we -- we started with the school -- with the city's conditions, so -- and I can't -- I can't guarantee that they all are in there, but, again, all of ACHD's conditions should be included. Milam: Okay. Perfect. Thank you. Palmer: Madam Mayor? Meridian City Council October 2, 2018 Page 37 of 103 De Weerd: Mr. Palmer. Palmer: Talk to us about the -- the two miles of offsite sidewalk that you mentioned, kind of -- maybe we can get a map and figure out kind of where all that is that you're being asked to construct. G.Allen: Let's see. Can I just escape out of that? Yeah. Would you mind finding us a map? Milam: Madam Mayor, while he's looking that up I forgot I have a disclosure to make. De Weerd: Yes, Mrs. Milam. Milam: While I was sitting here tonight, my best friend messaged me and said I vote in favor of the school and I said you can go online and state that and I'm not allowed to talk to you about this, but -- De Weerd: Thank you. G.Allen: Okay. Can we point out -- where did the staff propose sidewalks? Or, Matt, do you want to come up? Are you familiar with that location? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, now that that empty box in the top right -- if you touch that that will give you the power to draw on this 300,000 dollar system we just put in. Allen: So, Madam Mayor, just -- just for clarification, these are not conditions of approval that are going forward and before you tonight. Staff is recommending denial, as is the Commission. So, these were just simply some very, very rough concerns that were in regard to our Comprehensive Plan, providing safe access to the schools, so they aren't conditions. So, please keep that in mind. De Weerd: We need the right verbiage. Adams: Good evening. De Weerd: Hi, Matt. Adams: I'm Matthew Adams at 462 East Shore Drive, Suite 100, in Eagle, Idaho, and I'm also on the team for the school district. I think staff can probably describe better where they had, for discussion purposes, presented sidewalks, but, basically, Councilman Palmer, it was all along McDermott from McMillan to Ustick and, then, it was from our site on Ustick eastward basically to Black Cat. As well as all of our Meridian City Council October 2, 2018 Page 38 of 103 roadway frontages. Now, we do plan on constructing, as is normal, on all of our roadway frontages. That would be the mid mile collector that goes north-south, the east-west mid mile collector, as well as Ustick. So, all of the frontages that our development parcel fronts on roadway will get sidewalk and, then, we would safety bus any student and all students beyond that. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, regarding that -- and I read somewhere in the staff report, maybe, that said that you would probably bus students, but that decision would be made in the spring of 2020 after a meeting to decide. Pretty vague. Adams: Mayor and Council -- Council Person Milam, I don't know exactly what the staff report said on that item. However, the presentation that West Ada has provided to you it is clear that safety busing is planned and will be provided. G.Allen: It's required as a condition of approval in what we have presented. De Weerd: Okay. Council, any further questions for the applicant at this time? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I do have a couple. Real quick on -- great presentation. It's great to see you again. I appreciate you helping out presenting this project. On that sidewalk question is it the position of the district that the sidewalks -- that mile plus are not necessary, so it shouldn't be part of it, or that they are necessary, but they are cost prohibitive? G.Allen: I think, Madam Mayor, Council Member Borton, I think that it's -- it's a variety of things. Number one, we think that as a practical -- practical matter for a high school you really don't have that many kids who bike and -- and walk and so, you know, busing is a more practical answer. Secondly, is it's cost prohibitive -- or it's very costly. Again, that's money that comes right out of the campus. If you -- if you require off-site sidewalks there is no other pot of money to build those. And, then, the third thing is just practicalities of getting approval from the off-site landowners or if you don't have right of way or you're not building within the right of way. Borton: Madam Mayor, a couple other -- other questions. When they came up -- and you mentioned it tonight. I think your letter, this -- or September 27th references, well, the -- the solution trying to connect to McMillan -- G.Allen: Yes. Meridian City Council October 2, 2018 Page 39 of 103 Borton: -- to the north, which is conditioned upon that -- that northern parcel coming forward with an application and annexation and conditioned upon the City Council at that time approving the annexation. Is it -- is it the position of the school district that not only will that connection to McMillan be fully constructed prior to a certificate of occupancy, but should the parcel to the north not develop, that the district would do so at its expense and, then, intend to be reimbursed either by ACHD or the developer at a future date? G.Allen: Madam Mayor, Council Member Borton, I'm glad you asked that question. What's Plan B -- Borton: Right. G.Allen: -- on the -- on the secondary road. So, let me just read the condition that we propose to start with. It says the north-south mid mile collector shall be extended north to McMillan Road for two points of public street access to the street site prior to the issuance of certificate of occupancy for the high school. This will include construction of the Five Mile Creek crossing in compliance with the requirements of Nampa-Meridian Irrigation District. The landowner to the north has entered into an agreement with developers to annex and extend the north-south mid mile collector to West McMillan. The important part of that is this isn't contingent, that the school district has said the road is going to be built before the -- the school opens. Now, you're not obligated to annex the property to the north. So, what happens if that doesn't happen -- and there would be, you know, some sort of decision tree at the school district at that point. One decision is, okay, I guess this site doesn't work. Another one would be, okay, let's try to figure out maybe the school district does build the collector with some sort of reimbursement, you know, or maybe there is a Plan C, which would provide a different public access. Borton: Right. G.Allen: So -- but at this point the district is going to say our permit is conditioned on building that road. Borton: Madam Mayor? I appreciate that. I think that's one of the challenges, amongst others, with this as we go forward is one of the most difficult things that could occur in two or three years is to fully construct the school site awaiting students and, then, the property to the north doesn't develop, you know, everyone's really stuck and, then, it would be -- it might be unlikely, perhaps a bit difficult. The room might be very crowded if a future Council says no CO, you can't occupy the school, that's a really difficult situation. So, those types of solutions probably need to be crafted and included in any part of a possible approval here that -- that would really give clarity that says something to the effect of if it's not done as intended or as hoped, the district does it and comes up with -- and has a reimbursement agreement perhaps with ACHD with impact fees, with the developer, there is -- I know you know multiple ways to do that, but all of those specifics might be necessary up front to gain comfort that nobody's, you know, really Meridian City Council October 2, 2018 Page 40 of 103 caught -- nobody intends for things to not work out, but, boy, if they don't that is a massive disaster potential. So, it would be great to try and have all that solved before anything would get approved here one way or the other. G.Allen: May I respond, Madam Mayor? Madam Mayor, Council Member Borton, so if I'm hearing you correctly, you would rather have Plan B, C, et cetera lined out ahead of time, essentially, if we -- if we could. Borton: Yeah. Madam Mayor, really, the issue is -- is if something were to get approved that there is one hundred percent certainty that if -- and you had said we agree that a secondary access is important and -- G.Allen: Right. Borton: -- necessary and our police and fire and those positions are all valid and warranted, I agree with you and agree with public safety, that being so important we would want that certainty that -- and it's happened in other -- you know, nonschool district projects, but in a -- in a private development project where there has been that commitment that says should this path, A, not happen, we will fund it, construct it, and how you get reimbursed. There is ways to get reimbursed, but -- G.Allen: Right. Borton: -- the concern from the city would be that it gets built and we are not holding a CO hostage if something didn't work out. G.Allen: Madam Mayor, if I may. Madam Mayor, Council Member Borton, I appreciate that and I want to make very clear that the school district is not acting recklessly in proposing what it -- what it is. Borton: I don't think so either. G.Allen: Because, you know, I think the way we are looking at it now is we are going to know relatively -- you know, if there is an application coming directly to annex the Trilogy parcel, we are going to know soon enough whether the city has an appetite for that, that we can, you know, decide -- decide without expending a lot of public funds getting, you know -- probably should have said it's a pregnant on this project, you know, in a way that cannot be undone. Should that be stricken from the records if that was inappropriate. De Weerd: I can't unhear it. I am trying. G.Allen: So, you know, there is -- there is a decision making process going on there. I don't think we are opposed to, you know, mapping that out a little more -- in a little more detail. Meridian City Council October 2, 2018 Page 41 of 103 Borton: And Madam Mayor? I don't necessarily think that's -- you probably can stand on the fly and answer that, that's a big commitment and a big, you know, discussion, perhaps, with your client. You certainly wouldn't suggest that this gets tabled and try and come in, along with the northern parcel as a much larger project many months later, that's probably not the path you want to pick either. But I just wanted to bring it up early to let you have time to think about it -- type of concern is one of the ones on the front end. G.Allen: Madam Mayor, Council Member Borton, you know -- yeah, I don't know that we want to be totally tied at the hip with that annexation. However, you know, I don't think we would be opposed to, you know, a short deferral to try to craft a condition that might kind of address more of the contingencies there. Borton: Thanks, Gary. De Weerd: Okay. Any other questions at this point? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just one brief that one. I wonder if Mr. Exline could come up and just give that snapshot on why this location. I think that -- if that's what the scope of your -- what you were going to add and you walked all the way up and we love seeing you and I don't want you to walk back. Exline: Madam Mayor, Members of the Council, I will try and be brief. This -- this bond committee probably had as vexing a challenge -- I'm sorry. De Weerd: Name and address. Exline: Oh, that's right. I forgot. You all know me. De Weerd: Name and address for the record. Exline: Eric Exline. Chief communication officer. West Ada School District. 1303 East Central Drive, Meridian. Sorry. I will begin again. They had a really vexing problem. We had Eagle High that three years ago was at capacity and it's now 271. So, it's meeting its expectations to over enroll. We have Rocky that's been running consistently at 600 kids over -- actually this year it's 650. They are not growing a lot. There is not a lot of growth potential there, nevertheless, we registered 58 kids at our summer registration, because they chose to find a house in the Rocky attendance area. So, they are still growing incrementally. We have Meridian High that has some space, but has 8,700 approved homesites in its attendance area. That's 2,000 future high schoolers. And, then, we had Mountain View that has been running consistently at 450 over, but it -- although there is growth potential it's been fairly flat ; right? So, they had to look at all those pieces and say how do we help Eagle, how do we help Rocky, how do Meridian City Council October 2, 2018 Page 42 of 103 we absorb all of the growth from those 8,700 kids and what do we do about Mountain View. So, should we build two high schools. That was a question. Where should we locate it if we don't build two. So, we had three sites. We have the site in Star. That's helpful for Eagle, but very difficult to do much for Rocky. Okay. We have a site in the middle that actually sits in the Meridian High Attendance area, so it's right in the middle of -- of absorbing that -- some of that 87,000 and 2,000 kids that are coming. We have a site south of the freeway at Amity and Ten Mile. At the time it was not very viable, because you guys couldn't get sewer to it and Kuna hadn't. They have now. It's probably a half mile from that site. But that creates way more capacity south of the freeway than you actually need. So, now you can't help Eagle at all and you have to two -- two high schools south of the freeway with 1,400 kids in them. And two high schools north of the freeway that are still over. So, as the committee looked at that and sorted out and started to eliminate sites, by the end it was more than a super majority opinion that this location was the one that was going to help the problems that we have with one addition to the solution, which is we expanded Mountain View by -- I believe it's 16 classrooms, which will at least serve the kids that it has. That won't solve our problem, we will need another high school south of the freeway, will need another one in Meridian's current attendance zone, we will need two more in Eagle and on it goes. In total there is 14,500 home sites in the West Ada School District. That's 11,000 kids in the -- in the pipeline ; right? This is the location that will help our problem now. That's what the committee felt. Again, there was representation from every school across the district. This was not an Eric sit in a room or administration sit in a room and make a decision, this was the community weighing through on a variety of processes. They had individual surveys as a means of choosing what they thought. Then we did table talk conference about -- and narrowed it down. And, again, this was the site that they all said is going to fix the problem right now. If we have to do something else -- so our choices are we could build in Star. Okay. That's going to be problematic from an attendance area standpoint. You're going to bus a lot of kids north. You can go south and, again, have way more capacity than you need south of the freeway. Those are the only -- other to sites that we have. This is the site that works the best for the enrollment problem. De Weerd: Eric, did you have the city on your committee? Exline: Did I have the city on your -- on your committee? No, I didn't have representation from any of the six cities we serve or the county. We never -- that -- that's logistically pretty difficult. So, we need representation from six municipalities. De Weerd: If you're considering six sites in each of those municipalities, but I -- I know our citizens will give us a hard time if during our Comprehensive Plan update we don't ask the school district to participate, because you are a key partner. If you're talking about locating something in our city, yes, I would hope that we will be asked to be considered. So, we could have told you we have denied applications in this part of our community for a variety of reasons, then, that committee could have had that piece of information in making their determination. Meridian City Council October 2, 2018 Page 43 of 103 Exline: Madam Mayor, our staff did speak with the city about the site prior to its purchase. If that would have been the case, if you would have said we aren't going to accept this, we would have built in Star. De Weerd: All right. Staff is not in that position that statement. Exline: I just -- I understand, but -- but regardless, if you would have been on the committee and you would have said we are going to deny it, then, the committee would have said our next choice is Star. That was their second best choice. They are the only three sites we have. We don't own any other sites. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Something a little bit to that direction. When the bond was going through, the general area -- I don't think maybe we didn't realize how -- the exact location of -- of the site, but we did know the general area and, yeah, I don't think it would have passed if you said you were building a school in Star. I don't think you would have the majority. So, we kind of needed this location in order to -- to get that majority, because that's where I think probably a lot of the voters are. Exline: Madam Councilman, that is correct. It was very interesting on election night. I always go down and watch. We were losing by about .6 percent all night long until the last 20 precincts came in and the majority of them were in the Rocky Mountain attendance zone and that barely pushed us over, because the community realized this was the right location. I agree with you. Running a bond saying we are going to build a high school in Star would have failed. Running a bond saying we are going to run it south of the freeway I think would have been -- done slightly better, but I think it also would have failed and we barely squeaked by. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: This is a fascinating lesson on government. You know, the fact that everyone in the room has done their job -- you guys have found a place, purchased property, you know, figured out the reasons why this makes the most sense for it to be. Staff has done their job in looking at our code and figuring out why this doesn't necessarily -- why they are recommending against it, you know, for consistency in the which we have done other things, for the public safety issues, for all of the different things that we call for in code and now Council is here, you have to try to make this decision. The public's here and they have weighed in. This is just awesome. And I'm -- I'm really glad that I -- that I ran and that I'm here for this opportunity today, because I -- I went to Mountain View High School. My sophomore year in high school was when Mountain View opened and when it opened we had one way in, one way out. One entrance. And we were told Meridian City Council October 2, 2018 Page 44 of 103 you're never getting another entrance, quit asking. So, I went my three years there, I left to go on a mission, I came back and there was a second entrance. I have no idea the history behind that, how that ended up happening, but I'm so glad it did. Now I live south of Mountain View High School. I live off Locust Grove between Victory and Amity. During the school year, even though I don't have kids in school yet -- I have got four, but they are all too young. I know it's crazy. But, anyway, I know when school is started, because when I pull out of my subdivision two miles down the road I get to join a parking lot that's two miles out to Mountain View High School and so when all of this happened after Planning and Zoning and all of a sudden we started getting hundreds and hundreds of e-mails, the thing that really stood out to me that seemed like it would be the most important thing to me was that there ends up being a second entrance. So, I'm really excited to hear that -- that that is in the plan. I -- I'm giving a lot of comment. Usually I wait until after the public has testified, but I -- I want to say all this so that the public knows what -- what I'm concerned about and what -- kind of what matters to me, so that, hopefully, when they come up to testify -- I know I kind of cut you off before, but we all agree we need another school, so I'm really hoping to also hear from the public what's important to you, whether you're for it or against it, which aspects of what we are discussing is it -- you know, is it a second entrance, that if this happens, okay, you know what, I was maybe against it before, but -- but this makes it good for me. Is it that, you know, there is -- there is not enough sidewalks that are going to be there? Is it the -- you know, the potential additional cost that's it going to be, you know, to yourselves as taxpayers to run all those additional sewer and water lines. What is it besides the fact that we need it that you're either for it or against it. Having said all that, please, stay here, but I do have a couple questions for fire and police. With the -- the news of the potential -- if this works out, the second entrance, does that alleviate any of the concerns or would you guys be cool with that and also with fire thoughts on locating a fire station here in the future. Bongiorno: Madam Mayor, Council Member Palmer, that -- that was our main concern and as we have met with Joe it's not our -- that's not the only concern. As Sonya read in the staff report, we have other concerns -- mainly with response times, because we are -- we are still -- I mean even though that we are working with Trilogy on a potential for a fire station plot of land, as we all know it takes time to build fire stations and it's not going to happen tomorrow. So, we still have issues with response times. The ladder truck is -- what was it? Fifteen minute response to get to the school from Station One. And in my staff report I didn't have the updated numbers. The staff -- excuse me. The reliability for Fire Station Two is only 80 percent. So, that means that there is going to be another fire station if Station Two is out on a call that's going to have to respond. So, there are other issues, but that secondary access was one of our -- was number one on the list and I -- I noted that in July when I wrote my report that they needed a secondary access point. Palmer: Madam Mayor? De Weerd: Lieutenant Harper. Meridian City Council October 2, 2018 Page 45 of 103 Harper: Okay. Now I got it on. Well, I know our response times -- our cars go a lot faster, so we get there a lot quicker. But a response -- with regard to response times, we are not concerned with the response out to that location. Our crime analyst unit has done a lot of studies on response times and -- to those areas, different times of day, and that's not something that we are concerned about. The big thing was the secondary public access for a multitude of reasons. Ingress and egress for students and staff, but also for first responders if there was an emergency situation or some catastrophic event, we need multiple locations to get into that. And, then, for us was the continued partnership with our school resource officers and the school and the three things that we had concerns with were all -- were all agreed upon and met by the West Ada School District. So, at this point we are very -- very happy. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Thank you. That helps a lot. With fire would this be a -- the proposed potential site for a future fire station, will this be a location that we have looked at or an area that we want to put one? Bongiorno: Yes. The fire chief and -- obviously, we have all looked at this location and -- that they are proposing and it would be a good spot for a fire station. Palmer: Madam Mayor. And would fire Station Six be a reasonable response at all or are we just looking at -- Bongiorno: I checked the response times when I was doing my report from Station Two or Station Six, it doesn't make any difference on the time. Palmer: Okay. Madam Mayor? De Weerd: Yes. Palmer: I have kind of a final comment until hopefully anybody else has anything and, then, we can hear from the public. I -- I have been extremely critical, frankly, my entire life of the Meridian -- West Ada School District and the many things that I have felt they have done horribly. I -- but that's not what's before us today. What's before us today is -- is what I feel is a fantastic move by the school district to plan ahead. You know, we ask -- as citizens complain to us as elected officials about things that we don't have control over. Oh, we need roads. No. We need more schools in places before we send people out to build their houses there. We all blame the other jurisdictions that handle these things. So, again, that's part of why I'm really excited today is to have this opportunity for us to all now be together to figure out how to make this happen. It was brought up that there was, you know, another project on the other side McMillan -- or McDermott that had been proposed. Don't quote me on it, but I believe I might have been the only one who did vote for it, because I understand that while it may be Meridian City Council October 2, 2018 Page 46 of 103 awkward and inconvenient for a time, we have countless places throughout the city where property was annexed, you know, off of -- off of the arterials and kind of wraps around, so there is -- there is plenty of pockets that will eventually be developed that will have the sidewalks. So, your plan for busing, while I know if I was in high school and I didn't have a car I still wouldn't want to take a bus, but I know lots of people did, because I would get stopped by the bus on the one way that we could get out of the parking lot, so I'm sure that people will ride them, so I definitely value that that that's going to be the -- the proposed solution or band-aid to get to that point to when eventually high school students drive, unfortunately for a lot of them, I think there is definitely potential here and I really want to know from the citizens what is important to you with that. Are you willing to put up for a time with not having safe pedestrian access to the school to get it there or if you're opposed for the same reasons. What is it about the -- I know we need it. What is it that is really making you against or for it? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: More of comment. Thank you, gentleman, for your presentation. As I have digested this information and, you know, through looking through the packet and reading through different information and listening to your presentation, the thing that comes to my mind over and over and over and over again is the fact of public safety. You know, I understand your urgency to get this done right now. I understand and I want to make it clear on the public record that there is not anyone that's sitting up in the stand right now that doesn't understand the importance of more schools and overcrowding that you guys face. We listen to it every week. I get multiple e-mails during a week talking about this very same thing. So, I promise you, with all due respect, we get it one hundred percent. We talk about a fire station. That's great. Well, right now we are planning on putting a fire station -- obviously Station Six on Overland. We have -- there is some plans south of Meridian for Fire Station Seven and now with this proposed development now we need a Station Number Eight. To build a fire station is between six to seven million dollars. So, what you're proposing is you want to build a school, but you also want us to take resources and taxes -- the money that we get from our citizens to dedicate toward a fire station that hasn't been in our crosshairs ever. Ever. There is -- there is other needs that we have talked about before -- before this location and so do our citizens want us to bond for it? That's fourteen million bucks. That's a lot of money, you know, so does that -- does that get done before, you know, the school is built? I mean my greatest fear is that we are in crisis because something has happened at that school -- this proposed school, hypothetically, and we are having some very scary discussions about, you know, we didn't get that fire station up quick enough and something happened out by Owyhee High School, who is at fault, Mr. Exline? Who are people going to come complain at? Me or you? Exline: I would say both, Mr. Councilman. Meridian City Council October 2, 2018 Page 47 of 103 Bernt: I think that they would probably come to my front door before they come to your front door and that's just not a conversation that is scary, it scares me to death to have these -- you know, to have a situation put in front of us because we did not provide enough safety for the kiddos and the people who will be going that direction. It's a concern. Exline: Do you want a response or is that just a comment? Bernt: Comment. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, I was thinking anyway -- you want to appease them and him -- when Trilogy brings their application they have a fully built fire station on there, it would look really good. It would cost them a fraction of the money, because everything costs us more. Sorry. A little bit of jest. I don't really expect them to bring -- to build a fire station. De Weerd: I just want to tell -- I would tell the public this is highly unusual that we have had this long of a conversation before we have had one person testify, so -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I don't -- I do have another question for fire. Are there -- are there any Nampa fire stations anywhere near it? Probably not, but -- Bongiorno: No. Palmer: Okay. Bongiorno: It's at least six or seven miles away. Palmer: Okay. Bongiorno: It's out there by the Ford Center. Palmer: Thanks. De Weerd: Any further questions for the applicant at this point? Thank you both. G.Allen: Thank you very much. Meridian City Council October 2, 2018 Page 48 of 103 De Weerd: As we get into the public testimony I will share that there is a timer that is on the screen in front of you, so you will be able to track your -- your time and when the three minutes is up I will note and ask you to summarize. So, Mr. Clerk. Coles: Thank you, Madam Mayor. The first signed up wishing to testify is Morgan Hatcher. Is Morgan here? De Weerd: Okay. Coles: I don't see Morgan. Morgan signed up in favor. Next is Katie Branco wanted to address the Council. Signed up in favor. Next is Tristin Joel Dotson wanting to address the Council in favor. Miranda Carson signed up in favor. Don't see Miranda. Christy Frith signed up in favor. Don't see Christy. Stephanie Zambrino. Okay. Moving on down. Haley Howard. I don't see Haley Howard. Signed up in favor. Addison Quong. No Addison. Addison signed up also in favor. Frith Stevenson. Firth signed up in opposition. Ed Klopfenstein. Ed signed up in favor. Duly noted. Thank you. Carrie Kelman. Kerry signed up also in favor. David Blood. First one. De Weerd: Okay. Just a little Council Chamber decorum. No jeers or hisses or clapping or cheering. If we can all be respectful. If -- sir, if you will, please, state your name and address for the record. Blood: David Blood. 629 East Lake Creek Street, Meridian. De Weerd: We were excited that we finally got a real person. Thank you. Blood: I'm happy to be here and to talk about this. I am opposed to the application. I think the Planning and Zoning has -- their concerns are -- are correct. West Ada District currently has four high schools overcapacity, one high school that's at capacity, and one high school that is under capacity, which is Meridian High School. The COMPASS has projected future growth and their map shows very little future growth in the proposed -- near the proposed high school. They -- why would we choose to build a high school so far from our current needs and projected growth areas when first -- the first concern on boundary committees is proximity. Like how far am I going to have to go to high school and so putting a new high school that's very far from everyone makes little sense. The district currently owns land that is the same size as the property that Centennial High School is located on, just under 40 acres, and it's at Eagle and Lake Hazel. Building a high school on that property would help the whole district, because not only people who live south of the freeway, but there are many people who want to go to Meridian -- or, excuse me, Mountain View High School that live a mile or two north of the freeway who are going to Centennial or Meridian High School and there are many people going to Meridian that are south of the freeway that don't want to be. Those -- by moving -- having another high school south of the freeway it allows our high schools that are north of the freeway, Centennial and Meridian, to better serve the growth that's up there. Eagle, Rocky Mountain areas, could all be better served by building a high school south of the freeway. It's a little counterintuitive, but if you look at the map and where they are Meridian City Council October 2, 2018 Page 49 of 103 served by it makes a lot of sense. The -- the Council in approving this high school would drive more demand as has sort of already been seen when schools go up, be it elementary or high school, more demand is in the area. It's further away from the current population. So, it doesn't make sense. The Council's charged with doing that which is good for the city and its citizens. Approving this plan over the objections of Planning and Zoning would do a disservice to the existing and future citizens. West Ada has the option of building on Lake Hazel and Eagle. That's a property that could easily have two access points on the corner there, which as you very well know, is much nicer. Rocky only has one access point. It's a nightmare getting in and out of there. They already own that property and it would much better serve the city and urge the city to reject this application and encourage West Ada to build on the other property. Thank you. De Weerd: Thank you so much. Coles: Next is Bob Taunton. De Weerd: Good evening. If you will, please, state your name and address for the record. Taunton: Good evening, Mayor. Nice to see you. My name is Bob Taunton. My address is 2724 South Palmatier Way in Boise and I'm here representing the property owners to the north of the school site. You probably are aware -- I think it's in your packet -- that they signed a memorandum of agreement with the school district last week, indicating -- well, taking on obligations. None from the -- from the school district, but all on the -- the company. By the way, the name that's on the agreement is Heartland Townhomes Property Management. Mr. Allen mentioned Trilogy. Those are related companies, so I will just use the term Heartland. They own and control approximately 110 acres, which, basically, except for a small parcel, is all of the land north of the school up to McMillan from the half mile collector road over to McDermott and, of course, includes the 300 foot setback for State Highway 16. Heartland has been in discussion with the -- with the school district for some time. Heartland has also proposed -- or has had a couple of pre-application meetings on the properties that they own, about half of the total 110 acres over the last couple years and as was stated this morning -- or stated this evening, this morning we had a pre-application meeting to talk about the entire property and how it might be planned and meeting the requirements from ITD and ACHD and that sort of thing. The commitment that Heartland has made is that with annexation they would fully construct the road -- the half mile road from the north boundary of the school district's property all the way up to Heart -- up to McMillan. That's about a two million dollar cost item. It involves an extensive crossing structure of the Five Mile Drain and would be fully improved on on the Heartland side, curb, gutter, sidewalk and connecting -- providing that pedestrian connection all the way down from McMillan to this -- to the school site. The other -- the other reference in the MOA was the four acre site that we have been discussing with the fire department and with the police department. Some time ago we approached them to find out, you know, what's the issue about city services, what are -- you know, what are some of the things you're Meridian City Council October 2, 2018 Page 50 of 103 thinking about and during that discussion there was a thought about maybe we could look at a fire station -- a joint fire and police station on the property that Heartland controls. So, we -- after several conversations and talking about different locations, a four acre site was selected directly north of the West Ada school site. So, it would be fronting on the half mile collector. The idea was we would donate two acres, the city would purchase two acres, and the size of the property is sought to be four acres, because it involves a maintenance facility, as well as a fire station. De Weerd: Mr. Taunton, you will have to summarize. Taunton: Anyway, our summary is that we are happy to cooperate with the West Ada School District. We are happy to help them with their secondary access and we are happy to help them with the improvement in the fire response times and potentially a police station. Thank you very much. Available for questions. De Weerd: Thank you. Council, any questions? Okay. Thank you. Taunton: Thank you. Coles: Steve Smylie next. De Weerd: Good evening, Steve. If you will, please, state your name and address for the record. Smylie: Steve Smylie. 3662 East Granger, Meridian. De Weerd: Thank you. Smylie: I really appreciate the work that the Council's put into this. I want you to know that I'm really making a sacrifice to be here. It's one to nothing and I am on pins and needles, but maybe there is a comparison. We did not -- the West Ada District did not make these plans under cover of darkness. We have been very open. All of it was subject to public hearings, all of it was in mailers that was sent out to every resident of the district, not just residents of the city, but the entire district. All of us are agreed that the need is there. I want to repeat what I have done for 42 years. Whenever I started a parent-teacher conference. Can we all agree that we are here for the benefit of these children and that we are on the same team? Can we all agree on that? We are all doing -- De Weerd: I think everyone has already stated that. Smylie: Great. Now, we were told to be proactive, to plan, which is precisely what the district did. We were proactive. We organized parent communities. We presented to everybody we knew. This -- this property was -- you know, has been there as a matter of public record forever. Well, not forever, but since we purchased it and the -- you know, the other thing is we will cooperate and we will do everything we can, but, Meridian City Council October 2, 2018 Page 51 of 103 remember, the money comes from the taxpayers, no matter which product comes out of, and so what we have to do is every penny that is spent by the school district to provide for the schools, that comes out of money that should and could be used for other purposes to educate children. We are not in the business of building fire stations and roads and sidewalks. We will do what we can. We will -- we will do what's asked of us, but that's -- the money comes out of the same pot and the idea of reimbursement is not a new idea. As a matter of fact, I have talked to people that go way way back. I mean when I was a kid Meridian had 1,500 lonely souls and, you know, one high school and we all know the history. But the idea of reimbursement was done in one way or another in a lot of the schools that were built and have been built over the years, with Centennial, with Mountain View, and I can remember vividly my children went to Centennial and all the work that had to be done to get that school open with the city of Boise. So, this is not a new precedent. The reimbursement can be done. We want to be proactive, not reactive, and I guess this is one of those no good deed goes unpunished, so we got proactive. We planned ahead. We did everything we thought we should be doing and we are running into roadblocks. With that, Madam Mayor and Council, I will stand for questions. I have a lot more I could say. De Weerd: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Steve, you mentioned reimbursement -- and I apologize if you were specific about which one. There has been a few different types of reimbursement for different things talked about tonight. Which reimbursement are you talking specifically? Smylie: Well, there have been agreements made as far as connecting the sewer, connecting the water, connecting roads and the agreements have been when the development comes in that they will pick up their portion of what has been put up. That has been done in the past. I -- I am not a lawyer, I am not an expert on how those agreements were made, but I do know that there were agreements that were made in -- in several cases and I -- I talked with Superintendent Clark, other people that were involved and they all seem to indicate that this is something that -- it's not only possible, but it's been done. And here, again, I -- you know, we can go into more details, but I don't want to belabor an issue. Does that answer your question, sir? Palmer: Yeah. Madam Mayor. And maybe yourself or Mr. Nary or somebody. I know that that's been a topic of discussion a few times since I have been on Council, but it was something that was a practice long before my time. Latecomer fees I think is what they are called or something. What was -- can you remind us of the reasoning why we have gone away from doing that or from this practice? Nary: I can. Madam Mayor, Members of the Council, so our ordinance changed a number of years ago, because there was difficulty in trying to administer these types of Meridian City Council October 2, 2018 Page 52 of 103 agreements and so we changed our ordinance a number of years ago and -- and made them very very limited and since then, we have only had one that -- that was a reimbursement agreement and that's the lift station that's north of this site. That is the only one that's fit under our ordinance, because all of them, as Mr. Stewart stated, that all of the infrastructure that is being proposed is already contained in the sewer master plan. So, when the property owner purchases the property they know what the expectation is to be built around it. So, we have not agreed to any reimbursement agreements since then. And, as you stated, we have -- we have had requests in the south near Hillsdale, we have had requests in the north and we haven't done them for many many years. So, Mr. Smylie is correct, it was done in the past. It's been a number of years since we have done any of these in the city. Palmer: Madam Mayor. Mr. Nary -- so, it would require an ordinance change to be able to do this one or is this one that could fit within the limited parameters of the -- Nary: Since we don't have an application in front of us, basically, what they are proposing would not be reversible under our current ordinance. De Weerd: Okay. Any further questions for Mr. Smylie? Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Really not a question, but we do appreciate you coming out here and -- and we talked about this before, but the district and the city cannot communicate too much -- whether it's to this application or where there is not an application in front of us and come up with better ways to, you know, share ideas and the proper long-term planning, so we have discussed it, we don't want to lose sight of that. Appreciate you taking the time to come share your thoughts. I know you sent an e-mail as well, so much appreciated. Smylie: Madam Mayor and Councilman Borton, I -- I thoroughly agree and I want everyone on the Council of know, because I have talked with several of you, about a number of issues and very much appreciate and -- Mayor, we are so indebted to all the things you have done for the district, from showing up when we are dedicating a walking track and the hundreds of other things you do. Every one of those is noted and every one of those is appreciated and if there is a silver lining to this dark cloud, the school is going to be called The Storm after all. You know, if there is a silver lining, if -- if anything that happens can improve that communication I think that is an incredibly positive event for all of us and, you know, I want you to know that as a member of the school board I am absolutely ready. But also I have been a citizen here a long, long time, I represent the 20 percent of the district that's in the city of Boise, but, you know, I do have portions that are in the City of Meridian as well and it's -- it's -- it's no small challenge. Our meetings are on the same night. It's hard. But we have got to make the -- we have got to make the action to get this to work together better, because I think all of us -- I -- I Meridian City Council October 2, 2018 Page 53 of 103 know all of us are goodwill. The voters spoke very loudly. They wanted this school built. They see the need. The kids are there. They're coming. We have to get it done and, you know, right now, you know, the thing about being a Cubs fan, I'm used to when we lose a game there is always next season and the school will be built. It may have to be built some -- you know, some other way, but it's just going to delay the opening of it and that is a big concern of mine, that -- that this move forward in a timely procession. I don't think there is any problem that is not surmountable. I think we can solve this problem. Let's -- let's get to work and get it solved. Thank you, Madam Mayor. De Weerd: We appreciate your passion for the kids and, by the way, you can come and walk with me during the Mayor's Walking Challenge all month. I will be sending you my schedule. Smylie: Thank you. My knee surgery notwithstanding. Coles: James Hunter is next. Clark: Madam Mayor, if I could ask the Council's indulgence, I'm Hethe Clark, I represent Boise Hunter Homes and Jim Hunter and I have both signed up and I have a brief PowerPoint presentation and we were hoping that I might be able to go first, so that Jim might be able to refer to those images later. So, if that would be okay, if we can just swap that order. De Weerd: You bet. Clark: Thank you very much. My three minutes. So, again, my name is Hethe Clark, representing Boise Hunter Homes and Woodside Investors, 251 East Front Street in Boise. I am with the law firm of Spink Butler. I want to say up front that we do support the school district and its mission. We are developing a large project in -- in the northern part of the county and we are -- we are donating a -- an elementary school site to the district for free. We are -- we want to see the district be successful and we are generally in support of this application. We just need to have a conversation about a couple of items before it moves forward and try to refine the impact that this has on our application -- or on our property. So, just to help the Council understand, this is a drawing of the way that our property is affected by the -- the future development of State Highway 16 and the Owyhee High School. You can see that the school site is on the west of the Woodside property, which is -- the property is there in yellow. We are working proactively with the district, the city and ITD to try to make sure that this property isn't landlocked and has access to utilities in order to mitigate the actions of these -- of the public bodies here. We have two items for discussion. Again, once State Highway 16 is built we expect that that western part of the property -- this -- this yellow - - will be landlocked. As you know both ACHD and the city have policies requiring that access be preserved, particularly along State Highway 16. This is a standard requirement of development applications and I would refer the Council to 11-H4, which applies along State Highway 16, per 11-3H2, and requires on site construction of streets. That's a standard requirement of development. It's something I believe you just Meridian City Council October 2, 2018 Page 54 of 103 required of the Compass Charter School, that they provide a cross-access on their website. As you know, ITD has developed a transportation corridor plan in connection with State Highway 16. Per their August 24th letter they are concerned that the district site plan doesn't preserve the access for adjoining properties. Obviously, the -- the information we have gotten today about the second access is a little bit different than this issue. While they have a preferred plan, their letter indicates that they are willing to consider alternatives. These following two slides show the ITD preferred option and the alternative that I understand staff is recommending and that we are supporting in staff's recommended language and I heard Sonya loud and clear that it's not a condition of approval. So, I will try to be careful about that. So, option one is based on the Highway 16 corridor plan and would acquire that north-south connection shown in red on this map. As I understand it, that's ITD's alternate -- preferred alternative. Obviously, the longer street section and would provide a circuitous route for the Flowers property, which is in the blue hatch and the Boise Hunter Homes property. Option two is what staff has called -- appears to be calling for and what we are urging the city to adopt. This would be a backage road shown in red that would preserve access for the Woodside property, the Flowers property, and, importantly, the district's out parcel on the south, which we understand is slated for future development. With regard to -- De Weerd: Can you summarize, please. Clark: I will do -- I will do that. De Weerd: Thank you. Clark: So, with regard to Mr. Allen's comments, we had not seen the language of the condition of approval that was up on your screen tonight. The proposal does not appear to give us access, it appears to go just into the Flowers property onto a Nampa-Meridian Irrigation District easement. So, a minimum -- De Weerd: I will have to cut you off now. Clark: If I could just make one brief point, Madam Mayor. This is with regard to the sewer and it would be in response to a comment that Mr. Allen made. The sewer -- we have had conversations with the city engineer this morning and the city engineer is agreement with allowing us to connect to the termination point that -- excuse me -- that the -- the school district is showing that I have on this map in orange. De Weerd: I'm sorry, your time is up. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Kind of an important aspect of it. Maybe we can keep going with some staff comments, too, on it. Meridian City Council October 2, 2018 Page 55 of 103 De Weerd: On -- you have questions for Warren? Palmer: Yeah. For -- yes. Warren, do you have any comment? What would you like to say, Warren? Stewart: Yes. Madam Mayor, Members of the Council. So, there has been some discussion. So, when the school district originally came in we -- we did require them to bring the sewer and the water to their site. The sewer is coming in from the north and coming down to their site to serve of the school. The master plan -- actually, the 40 acre parcel -- it's about 40 acres before the highway -- Highway 16 bisects it, so it's the -- the one in yellow that you see. The master plan calls for it to be served off the McDermott trunk that will come down McDermott Road. We did an analysis to determine whether or not it could be served from the school district -- from the line that's coming in from the school district and determined that from a hydraulic standpoint that it can and that because of the location of Highway 16, the potential to bisect that site and make access to the McDermott Road -- it can still happen, because it can come from the property to the north or it can come through Ustick Road. We -- but we determined that, essentially, it could gain access to the school district site -- we weren't going to require the school district to extend it there, because the master -- there were other ways that more closely aligned with the master plan that it can get access, but if they were able to work out an agreement with the -- with the school district to extend that sewer from the school district line to that site, there was no reason from a feasibility standpoint that that could not occur. So, I did send a -- after having conversations with my staff, running the sewer model, also talking with Bruce Freckleton, we did let them know that we are not opposed to that option if they can work some sort of a deal to make that happen. De Weerd: Did you have another question? Palmer: Yeah. Is there anything else you would like to say? I don't know how you want me to ask it, but this is a pretty significant point. Clark: So, Madam Mayor, Council Member Palmer, yeah, I just wanted to make sure that it was clear that we -- we would like to be able to connect to that, be in agreement with the West Ada School District. I believe everyone was on board with that. The information that we had received from the city engineer's office previously indicated that would not be possible. Obviously, that's been updated now. Palmer: Awesome. De Weerd: Mr. Borton. Borton: Madam Mayor, just a question. Hethe, on the -- the road issue you have raised, it seems as though the -- you have got adequate access to Ustick in consideration of this current application and there might be a future action by another governmental entity that might impact whether or not you become landlocked, which Meridian City Council October 2, 2018 Page 56 of 103 they would have to address, but it seems a bit cart before the horse to position that the district's application landlocks you and it doesn't, it's perhaps a future installation that if that were to go forward at a future date very well might cause the access issues. Am I characterizing that fair? Clark: Madam Mayor, Council Member Borton, yes, I -- I understand the point for sure. The city code clearly has any intent to preserve right of way along the proposed State Highway 16 route and the -- the understanding there is that ultimately those properties are going to be cut off potentially and so when it -- when development applications come through, the city per code preserves right of way and requires access connections in order to mitigate the impact of that future action. But I understand what you're saying, Council Member Borton. It hasn't happened today, but the city code already recognizes that fact, that it is coming down the line and does require those types of actions. Borton: Madam Mayor. It's not that the city code -- the city code doesn't require that east-west access that you're requesting, would you agree? Clark: Madam Mayor, Council Member Borton, it doesn't call out this specific one, but it does state that -- that access should be preserved and cross-access should be provided from the State Highway 16 to the mid mile collectors. Borton: Madam Mayor. In a north-south parallel to the highway? Clerk: It says generally -- generally parallel to the highway. But in this case where we have a property that's going to be landlocked otherwise, this is the -- that's the only other option. Borton: Thanks. De Weerd: Any other questions? Thank you. Clark: Thank you. Hunter: My name is James Hunter with Boise Hunter Homes. 1132 East Laguna Shore Drive, Eagle, Idaho, is my address. Good evening, Madam Mayor and Members of the Council. I will try to be fairly short. We are pro schools. We are donating a seven acre elementary school site to the school district for free on another project. Probably -- you know, the offer is out and within the next year or two they will probably take that. So, we are pro school. We just want equal treatment for this project as the same as we are required to provide when we go develop adjacent to other property owners. We have owned this property for 11 years. I think the Idaho Department of Transportation did their ELR on Idaho 16 about four to five years ago and went through, it was certified, and the major public comment, the public hearings, had the preferred alignment. They built the first leg. So, we could play games and suggest that it's not going to be extended further north, but we all know it is. So, the school district has owned that land for about maybe nine months. Everyone new it was coming and they did it -- they knew Meridian City Council October 2, 2018 Page 57 of 103 that virtually landlocks our parcel. Okay? If this is a grade separated interchange here or there is any grade separation there, we own the land to the north, we -- we are cut off from Ustick, potentially get right-in, right-out if the grade isn't separated too much, but in reality we are landlocked, okay? Every project we ad in the city we are always to extend the road through and to our neighbors, even though they are competitors of ours. So, at Sky Mesa I am extending roads to two competing property owners on both sides of us. Our cost, our experience, aren't asking for everything else and so these policies that we are asked to abide by and the routine we are and professional courtesy in our industry, we are just asking that of the school district and so we would just like to be provided that, so our property doesn't get landlocked. We had a 40 acre parcel. Unfortunately for us it's going to have a fragment of 15 acres on the west side of it. We would just like that fragment not to be landlocked. We think the school district should extend that road through. They bought that other piece. They call it the remainder piece or something for commercial purposes with taxpayers money, so they are speculating on it. It's either going to commercial or residential. It will need an access. It will need a backage road. Just build it, you know, and that's what we are asking for. Plain and simple. Not be landlocked. So, that's the extent of my comment. I'm open for any questions. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Nobody is tired of hearing from me tonight. I have got a question for Sonya. Sonya, it is safe to say that if this were to be just a single family home development on this parcel that there is little doubt that there would be a stub street to that property, just from the beginning plan? Allen: Madam Mayor, Councilman Palmer, Councilmen, to answer your question, yes. But to further explain, Section 11-3A-3 of our Unified Development Code, the intent of that section of code is to improve safety by combining and/or limiting access points to collector and arterial streets, ensuring that motorists can safely enter all streets. Subdivisions must provide local street access to any use that currently takes direct access from an arterial or collector street. So, that's the reason for the requirement for the stub street to this property. Palmer: Thanks. Allen: That's the only access they have is from Ustick, which is an arterial street. Palmer: Thank you. De Weerd: Any other questions? Thank you. Hunter: Thank you. Meridian City Council October 2, 2018 Page 58 of 103 Vulttonet: Mike Vulttonet. Madam Mayor and Members of the Council. My name is Mike Vulttonet. I live at 2235 Southeast 5th Way in Meridian, Idaho. I'm also a trustee of the West -- the West Ada School District, formerly referred to as the Meridian District, but that's not the conversation we are having right now. So, first I would like to thank the Mayor and the City Council Members, both past and present, for the many years of collaboration and partnerships. Some -- someone finally declared nationally that we -- something that we already knew. We live in one of the best cities in America and I also think that we have one of the best school districts in America as well. I am truly grateful for the many years and successful -- successful efforts of our city and our school district. We have seen unprecedented partnerships on so many projects, with the culmination of The Hill manifesting that when we work together the sky's the limit for our community, families and kids. I'm here before you for the first time in my almost 18 years of service as a school board member. Why? Because we need your help. The decision you make tonight is important and vital to the needs of our kids and the families of our community. Over the past 20 years we have built 22 schools, 13 elementary schools, five middle schools, four high schools at a total cost of 440,300,000 dollars. I think it speaks volumes that this is the first time as board members we are here asking for consideration and help in this much needed annexation for the Owyhee school project. We have become rather -- rather efficient in projecting growth and looking to the future need, of which we must project and, then, deliver in realtime. We have patron bond committees whom on average spend a combined 400 to 500 hours of time making these decisions, looking at all the data, everything that is -- is presented and looking to the future need of our district. The location was extensively and thoroughly vetted. Finally, we do not live in a perfect world, especially when it comes to growth and planning. The city and the district are planning the best we can to meet our current and future needs of our residents in our community. It is inevitable that we may bump into each other from time to time. We are hoping that you can keep this bump from turning into a big trip for what we are doing in our plans to meet the needs of our district and our -- and our community. I have some comments on Swiss cheese, but I will hold those if I have more time. But that being said, we look to your leadership in hopes of an approval for this much needed annexation. So, if I have a little more time, which I don't, I would like to really express about the safety and -- and the Swiss cheese comments, but I can't do that, unless you ask me a question. So, it looks like I have ten seconds left, so -- well -- De Weerd: Thank you. Vulttonet: -- Madam Mayor, I will stand for questions if you have any. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Safety. Meridian City Council October 2, 2018 Page 59 of 103 Vulttonet: Safety. Yeah. We -- that probably is one of our biggest concerns as well. With the growth and -- and -- and as much as it's happening, as Mr. Exline expressed and -- and the cost of a new fire station, with those thousands of platted maps is going to come more income. We are going to have more money to meet the needs of these -- of these platted communities that are coming in. We will, indeed, have to build another fire department out there and I think that is something that the fire department has expressed that they are much in favor of it. It would be a perfect place to put it to meet the needs of our city in the future. Safety is a big issue. I have talked to the -- I have talked to our -- our folks in the police and fire. While there are concerns I think we have alleviated those concerns. I think we can -- we can solve those issues about access. I think that response time, whether it -- if it's two or three or five minutes more, obviously, that's a problem. But I don't think that's going to be a problem for a long time. I think in the near future -- and I think if this was three to five years down the road we wouldn't be having this conversation. We would be annexed without question and, then, we would be moving forward. This particular school will serve our district for another hundred years. It is -- it is something that -- that we are very confident as a board that will serve -- to serve the needs of our community. So, I know it's not a perfect thing and I know safety is an issue, but I think we can solve these issues and I think as a school district and a city that we should work hand in hand to make sure that we do what's best, because in three to five years this is going to look like a brilliant decision you made tonight ; right? Because there will be -- there will be a lot of folks that are going to appreciate what's going to be happening there and I would like to see it built in -- in Meridian. I would like to see the economy and -- and all of the good things that come from that in the City of Meridian, rather than perhaps another city for right now. But it is the best place. So, concerning safety, I think we can respond. I think we have fire department and police department that will be very cognizant of the fact when we are having football games and things like that. So, I think we will be okay in that situation. Certainly if I thought that these kids were not going to be safe, I would have been the first one to say no. No, we can't do that, so -- so, that's my answer to the safety -- to the safety issue. I think it's solvable and solvable in the near term. We are not talking five, ten, 15 years. So, thank you. De Weerd: Okay. Thank you. Vulttonet: That's it? De Weerd: There is no Swiss cheese questions. Vulttonet: No Swiss cheese comments? De Weerd: No. Vulttonet: Not even about a sandwich? Okay. All right. Thank you, Madam Chairman. Thank you, Members of the Council. Coles: Next is Kristy Sternes. Meridian City Council October 2, 2018 Page 60 of 103 De Weerd: Hi, Kristy. If you will, please, state your name and address for the record. Sternes: My name is Kristy Sternes. I live at 4374 North Heritage View Avenue in Meridian. De Weerd: Thank you. Sternes: And a few comments in support of the school. I am a parent of three children in the school district. My son was signed up to go to Rocky Mountain High School, I opted to transfer him to Centennial High School, rather than to have him bused to the overcrowded Rocky Mountain High School I drive him every day to Centennial. A few different reasons. No desire to have him in overcrowded -- overcrowded classrooms. The sports teams, you have got a hundred kids trying out for 15 positions. It's just not fair to our children. The continued overcrowding at Rocky Mountain is not only detrimental to the kids, it's detrimental to the students, our educators that we rely heavily upon. Heritage Middle School is overcrowded at McMillan and Meridian, yet we continue to approve development on nearly every corner in that section of Meridian. I live there, I can attest to it, I drive by it every day. To me we approve these multi-unit apartment complexes right across from these middle schools that are already having to bring in portable units. We are not helping the school district any. I think it's our responsibility -- your responsibility to enact -- if you're not going to approve this high school, we need to do some sort of emergency moratorium on additional residential building permits, because we are asking for the school district to be more involved, yet I don't see the school district being consulted every time we approve permit after permit. We are creating the problem, they are trying to find a solution for it, and we are trying to nix that solution. To me it's like the Field of Dreams. If you build it, they will come. We, obviously, heard from many people testifying tonight that there is a commitment there from all different agencies, all different organizations to make this happen with access and infrastructure. I'm just going to Cliff note version it for you. This is going to be a bad idea for Meridian residents and our children. The growth is happening that way. It's not happening -- it's going to happen on the south side of Overland. It's happening out there. But to build a school over at Lake Hazel, that does not solve the issue that we have over on this side. The development is going to spread out towards McDermott, so we need to plan ahead of time. We cannot blame the school district for not building it somewhere else, because they have made it clear that they do not have the ability -- they don't have land anywhere else. To me that's where the growth is going. That's where we need to build and we need to support -- support the school district the best that we can. That's all I have got. Coles: Next is Eric Thies. Or Thies. You will have to let me know which. De Weerd: Good evening. Thies: Good evening. My name is Eric Thies. You were close, though. De Weerd: Not really. Meridian City Council October 2, 2018 Page 61 of 103 Thies: No. No. Just trying to be sympathetic. I live at 2064 East Meadowood Drive in Meridian, Idaho. I'm also the president of the West Ada Education Association, so I work in every building. I have members in every building across the entire district and including the -- the -- the area that we are affected by. I have taught at Rocky Mountain High School for ten years and until you have tried -- until you have sat at the intersection at the top of the stairs in the hallways at Rocky Mountain during passing period and seeing the overcrowding, you do not understand the overcrowding until you have seen the cars trying to leave the school due to the fact that there is over 600 more students in the school and 400 more cars then were ever planned for, you don't understand the problems with overcrowding and so I invite you to go to those schools and see that firsthand if you haven't done that yet. However, that was not going to be my comment. My comment was more about the conditions that were sent out by -- by the Planning and Zoning Commission -- or, rather, the draft conditions that were out there and in my mind it broke into three categories and through communication with folks on the staff those -- those concerns have been clarified for me and it seems that they break into three categories. The first is safety and -- and I'm not going to address that, because lots of other people already have. We understand the concerns. We understand the solutions that have been presented in the district's plan and in their revised draft conditions -- I don't even know what to call those, but in that document they have addressed those -- those safety concerns to the point where if I'm understanding things right, police and fire are content with the plan. The second concern -- and -- and no district wants to build a school that's not safe. No teacher wants to work in a school that's not safe. And so if I didn't think the school was going to be safe I wouldn't recommend approving this. I'm convinced the school will be safe and the second is access and, again, with the district's plan, with the help from the property to the north, those access concerns are going to be -- be alleviated. And the third is location. I have heard a lot of talk about the sprawl and the Swiss cheese and the leap frog building and -- and all of those kinds of things and I don't have a good sandwich joke, sorry, Mike, but I -- I do want to talk about the need for a school in that area. That area wasn't picked quickly. It was thought over. There was consideration for the Comprehensive Plan in Meridian city. We are -- we are not just looking at students in Meridian city as West Ada, we serve students in Star as well and with the land they just annexed, we need a school that will serve those students, as well as the students in Meridian. When you look at where it's overcrowded in Rocky and Eagle, soon to be overcrowded in Meridian in the next few years, building a school south of the interstate doesn't -- doesn't make sense to serve those students and building a school in Star will mean students will have to be bused pretty much from Meridian High School and Rocky Mountain borders to Star, which isn't good for students either. Sorry, my time is up. It is that location and the overcrowding is what creates the urgency that's necessary here -- that you're feeling from everybody that's planning. Putting this out three years, instead of two years, doesn't seem like that big of a deal until you work and learn in those schools that are overcrowded. It's a very big deal to those students, it's a very big deal to those teachers and the urgency is real and so I would, on behalf of all the teachers and the students and -- and staff and custodial staff and administrators that I have talked to and worked for for a decade now, I beg you to approve this tonight, even if it's with conditions. Meridian City Council October 2, 2018 Page 62 of 103 De Weerd: I'm sorry, your time is up. Thies: With that I guess I'm finished. De Weerd: Any questions from Council? Thank you. Thies: Thank you. Bernt: Madam Mayor. Thank you for the letter that you sent us. Thank you very much. Thies: You're welcome. Coles: Next David Ferdinand. De Weerd: Welcome to Ada county. Ferdinand: Thank you. Thank you. My name is David Ferdinand. I'm at 2419 West Heron Loop in Nampa and -- and Mayor de Weerd and Council, it is good to be in Meridian. I am representing a client, Frank and Gwynn Baum. They are at 4343 West Ustick Road -- and I have covered up this -- oops. Could you get me back, Sonya. Thank you. This is this property right here. And you can see what -- what happens with this property with Highway 16 and they are directly across the street from the -- from the new high school location and what an exciting opportunity for Meridian. I think this is tremendous. You know, it just takes money to fix all of these things and, obviously, Meridian is growing. What I'm bringing you is the Canyon county side of this. This property that I just showed you is in Canyon county. It's in the West Ada School District. They send their students to all these schools and this particular property is in favor of the new Owyhee school. My clients' home, two rental houses, a shop and 76 acre farm, which has been home since 1975 and their property is in the pathway of the development, including the proposed school expansion, are the road widening, the extension of Highway 16. The ITD plan includes an access road from Highway 16 -- if you can see this, it goes right across the front of their 700,000 dollar home and a couple of rentals with a nice little access road there. Their land is in the impact area of Nampa. I can tell you having had some experience with impact areas and -- and how counties and cities set these up, we know that at some point in time somebody's going to have to pay for the -- for the sewer and the water, for the services that it takes to expand these areas. What we are suggesting is that you add one more part of the community. Back in 1892 when Ada county citizens voted to have Canyon county formed out of Ada county, this property was in Ada county, so was the city of Nampa, by the way, in 1891. The -- De Weerd: We don't want Nampa. Ferdinand: Yes. De Weerd: I mean love Nampa, but I don't want to annex Nampa. Meridian City Council October 2, 2018 Page 63 of 103 Ferdinand: Well, here is what we are asking. We -- we certainly would add to the financial development, if you would even consider annexing the south side of the street, we would certainly bring that much needed development that everyone is talking about. It would bring more funding for the situation. I think you better check the record. I think it was even part of Ada county back in the '90s at one point in time. Let me complete. As the area develops they would appreciate being considered for the provision of water and sewer and even being annexed into the City of Meridian to allow their property to be developed. This would help defray cost to the proposed West Ada School District and open this area. With staff suggested conditions to approve roads, widen and improve access, we believe this is the best time to develop this area. De Weerd: Thank you. Council, any questions? Ferdinand: We can talk about the annexation of Nampa if you want. De Weerd: Yeah. Mayor Kling would not appreciate us for that. Ferdinand: Thank you. De Weerd: Thank you. Coles: Jeremiah Brown. De Weerd: Good evening. Either one. Brown: Either one. My name is Jeremiah Brown. I live at 12064 West Fiddler Drive in Boise. Madam Mayor, Council, my kids go to West Ada. I was on that committee that Eric Exline talked about. I even have a map of all of the proposed lots that have been approved by -- not only the city of Eagle and Star and Boise and Kuna, where they are going to start building these houses. It wasn't a very tough decision for us to figure out where we were going to put this high school, but in the end there really was no other choice. This is where all the lands are going to be and I don't want to point fingers, I really don't, but you guys are approving these lands and they have no control over it and no one really does. I mean the -- the developers are buying land as fast as they can buy it and they are going to build houses as fast as they can and we are going to end up with 78 to 92 thousand students in our district within the next 20 or so years. That's over double what we have now and I know you guys are looking at this particular school, but by the time my one year old gets into high school there is going to be two more high schools. There is going to be two more middle schools and I don't even know how many elementary schools are going to be built by the time he gets into high school and I think they are -- I think the condition that Planning and Zoning has is valid. I think that the condition -- the -- the revised draft I think works really well and my main suggestion would be -- I know that the Council has said it, I know that my -- we may have said it in trustee meetings, maybe you guys should have some sort of third party that talks to each other, because I know that I came in here and handed out business Meridian City Council October 2, 2018 Page 64 of 103 cards for a website that has all of this information on it to Council Members. I got five of the six mayors to allow me to put endorsements on our website. I even got Exline and I got Meridian and Boise, the business association for them to endorse it, and so I was at his town hall meeting when he was there and when I have had district people tell me that certain people in -- in planning and zoning or council didn't know what was going on, it really surprises me that this isn't -- there isn't more communication and -- and maybe this should be a lesson to -- to not only the district, but also the City Council and everyone, that you guys should have some sort of maybe a third party person or someone that's hired by the city or from -- hired by the district to talk to the six area -- or the six cities that are all a part of this district. We need better communication, but I still think -- regardless of going forward, this is a problem we have to face now and you guys can check that website, again, it's boostwestada.com and you will see all of the houses that need to be built here -- or that are going to be built here. But, yeah, other than that I really think there should be -- this should go through and even if you have to do conditions. De Weerd: Thank you, Jeremiah. And I -- I would just note -- so, number one, yeah, we didn't know it was right there and I heard this -- I heard where it was first proposed. If it was just bought nine months ago, this has been something that's been long term, but you will see a little bit of what we are dealing with right now. Brown: Oh, yeah. De Weerd: Have you heard -- so, the minute we have a growth driver -- schools are growth drivers. We now have the land to the north, the land to the east, and now the land to the south all want to develop, because this -- this is being proposed. We weren't ready to develop here. We have been trying to keep growth on the east side of this land -- or line so we didn't have all of this. And, yes, there is a need for a high school. That's why we were all on board. But this is what has been the concern, because we can't serve what is already been built. Now, we are going to have growth pressures in four square miles as well. Therein lies the biggest concern. And now you're stretching our police and fire into areas that we don't have facilities and service level. So, it's more complex than just a dot on a map. Brown: Definitely. De Weerd: And -- and that's my only point to it. Brown: Well, perhaps we should also look at more impact fees for -- for hastening some of this growth. De Weerd: Well, if Trustee Vulttonet and I would have anything to say to it, we have been to the legislature for almost two decades now, Mike. We still can't get growth impact fees for schools. It's not allowed by the state law. Brown: Yeah. Meridian City Council October 2, 2018 Page 65 of 103 De Weerd: So -- Brown: We will just have to keep working -- De Weerd: We are on it, but -- Brown: We will just have to keep working. Thank you all for your time. De Weerd: Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Real quickly. And already -- this is not really a question, more of a statement. It's something I have heard a couple of times. A little bit in our defense. When we have an application for a development, it does go to the school district and the school district looks at it and they have an opportunity to respond to -- so, that when we have a meeting -- a hearing like this we can see the school district's response and never has it said we cannot take these students in the schools. It sometimes says it will cost money and it would be nice to have some money to help support it or, you know, this is the impact that it will have, but never have they said if you develop this we will not have the capacity to place those students and, therefore, we cannot deny an application for that reason. So, it's a lot to take in and for those of you who don't do this every day, just kind of consider that. We are not just throwing developments out there. When they come to us we can't deny it for that reason -- if we don't have a concrete reason from the district. De Weerd: Well -- and just to the district's defense, they cannot deny access to education and so it's a vicious circle. I did want to know that, too. Milam: Yes. De Weerd: Mr. Clerk. Coles: Thank you, Madam Mayor. Next is Josh Cormier. De Weerd: Good evening. Cormier: Thanks for having me. De Weerd: Thank you for being here. Cormier: I am -- my name is Josh Cromier. I am a realtor representing a client who owns the property at 4000 North McDermott Road, who is very much in favor of building the school. In the 2017 Meridian annual report the word family is used 11 times. Ninety-three percent of residents surveyed in the report say that the city exceeds Meridian City Council October 2, 2018 Page 66 of 103 expectations as a place to raise a family. Meridian is a family city and families want to move here. The three highest priorities, according to the report for the residents surveyed, are transportation, education schools, growth and development. Owyhee High School answers two of the city's highest priorities, growth and development, education and schools. The client we are here representing today owns a single family home on a seven acre parcel currently under contract for sale to a developer, who intends to live in the home with his family prior to developing it after the school is built. If the school is built, according to the city's development map, or the master plan, city services will end at the edge of his property line. This transaction and transactions like it will come to a halt and die if the school does not continue. Effectively ending major opportunities for growth and development in that area. I won't educate you on the Coleman Homes reimbursement agreement, because I know you're all familiar, but the result of the reimbursement agreement is that the next developer in the area must pay 312,000 dollars to update the lift station and 265 per unit to reimburse Coleman Homes. This is highly cost prohibitive, particularly for smaller developments like ours. Cost prohibitive to begin with and canceling the school and city services may kill development altogether. Between 2010 and 2017 Meridian's population grew by an average of 3,249 people per year. So, growth is not only on the way, it is here and will require additional emergency services to be put in place regardless. I know that's a more complex issue than I'm aware. Putting the school closer to congestion presents its own set of safety issues. When Mountain View High School was built the area around it was barren of development. When Rocky Mountain High School was built the area around it was barren of development. So, to parrot the mother from earlier, Meridian wants families to move here, build it and they will come. Since I have 50 seconds left, councilmantypalmer.com and I went to high school together. Funny enough, we were 26th -- 2006 and 2007 -- both most likely to be a politician in the yearbook and here I am a lowly social dropout realtor and here you are living your dream and I just want to say I'm very, very proud of you. I have really enjoyed everything you said today. But as you recall -- I know you have mentioned it and I appreciate that, the -- the congestion issue driving into Mountain View High School at the time was a fiasco. So, as you know, idiot kids, if you overslept that day and tried to get to school it was like 30 minutes to get inside and I wonder what that kind of congestion would look like if you built a high school closer to the -- you know, what's already developed and how that would look and if it doesn't expand the safety issues with respect to the greater population. De Weerd: Thank you. Cormier: Thank you very much. Palmer: Madam Mayor? De Weerd: I knew there had to be a comment there ; right? Mr. Palmer. Palmer: So, the -- the real history is I was -- despite being highly unpopular in high school, I -- somehow I was voted most likely to be president and also most likely to be a Meridian City Council October 2, 2018 Page 67 of 103 CEO. So, they told me to just pick one. So, naturally, you know, free market, I picked the CEO guy, so I -- they took my picture in a suit, whatever, but I had one president as well, but because I do prefer business and my family, this will be my only term on Council. Call it a dream -- Cromier: I know it's ridiculous and personal, but it's been a long time and it's good to see you. Coles: Kathy Wright. Don't see Kathy. Sue Darden. Otis Darden. Darren Trutott. Heather McDonald. And Sherry Belknap. And with that, Madam Mayor, Members of the Council, that concludes those that indicated that they wished to testify. Those that signed up and indicated that they did not wish to testify or did not mark that box that you wish to testify, your names will be entered into the record signifying your favor or opposition. De Weerd: Okay. I would open this up. Is there anyone who wishes to testify whose name wasn't read? We will go here and, then, we will go in the back. Good evening. If you will, please, state your name and address for the record. Clayton: David Lee Clayton. 7004 West Ring Perch Court, Boise, Idaho. Madam Mayor, Council Members, I work -- I'm the representative for the South Cole Neighborhood Association, so I deal with the city of Boise often. I know Bob Tonaman, Mr. Tucker, from Syringa and other developments. I'm trying to decide how to say this say. Bernt: Just say it. Clayton: I -- the concerns -- I have been in a lot of these. I've participated in them, I have watched them and listen to them and as you noted, it's very unusual for so much Council Member discussion prior to public testimony and applicant testimony. Concerned there is a little bit of prejudgment in this particular application before the sides were heard, some of the comments since then. As far as the houses and the development, I have looked at the -- the developments and the permits that are out there and we talked about this plan that we have to -- for the road for Hunter Homes and, you know, we need to prepare a plan in the future. I think a lot of these approvals for the permits and housing that have been done didn't have in mind the preparations -- maybe the precedent that's there for the school. I don't see a plot site closer inside that it wasn't sprawl for the City of Meridian for school. There is a lot houses that are approved, but there hasn't been a plot or an area preserved for the school to be done. So, you have pretty much given them no options to service your city -- to service the new homes that are there. In addition to that, I work in construction myself, we just barely finished working on the Bonneville School District project, the Thunder Ridge High School, and it is out in the same type of situation, exactly the same situation, just outside of developments that this school is and it's going to be a great success. It was overwhelmingly supported. The impact fees that we have talked about -- they don't have to be applied to the school. For example, that road that Boise Hunter wants, well, Meridian City Council October 2, 2018 Page 68 of 103 it can be applied as the impact for the development of the homes that are going into the future area south of the school and to the Boise Hunter area or the Syringa -- or the Trilogy, sorry, the Trilogy development north of this. All these things can be used in the future when you guys approved -- if you annex or zone those areas. I think -- and as one of the other members -- or people testified, that will slow down the growth. I understand you guys have a ton of homes coming in. The problem is is you haven't left the school district any options, other than this, to serve what you guys have approved already and I get it, you get people, it meets all the criteria, staff approves it, it meets all the criteria -- I understand all of that, but you haven't left them any recourse and as far as the safety goes, I -- I do think that they have mitigated it. I really do. I don't think that we have issues that you might have had before and I will conclude with that. De Weerd: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Not a question, just a brief comment. I think from my perspective -- perspective, what I have seen with lots of the Council comments early is they are very well prepared. I think the hundreds of e-mails and the -- and the hundreds of pages of staff reports and analysis have been reviewed prior to today and they are prepared. Clayton: I appreciate that and I can understand that that's part of it. The developments -- for example, Syringa, very prepared, had multiple hearings, we even postponed the original hearing, because we weren't ready. It feels like we are not ready for this hearing, to be honest with you. It feels like that first hearing we were going to have with Syringa where we weren't ready and we deferred it, because we weren't ready. Bernt: Madam Mayor? De Weerd: Yes. Bernt: What ways do you think we are not ready? Clayton: The draft provisions. We don't have them done yet. Bernt: Are you talking -- Clayton: They made edits to the potential conditions -- Bernt: -- rhetorical? So, are you talking about the conditions of approval? Clayton: Well, I'm saying you have all these issues, the safety, you have the access, you have all that stuff, the -- Mr. Borton's very legitimate concern that, hey, we have got a potential that we are going to do this year and to get funding for it with access fees, Meridian City Council October 2, 2018 Page 69 of 103 but it's a maybe, just like it's a maybe that 16 is going to go in, we just think it's going to happen, but it's still a maybe. So, you have all these things that were valid concerns that have been put -- concerns by staff that have been, then, followed up by the applicant and those weren't ironed out before we sit here and we have a whole bunch of discussion and you have half of the people that signed up that leave, that don't get to testify, because it happens in the front end and, then, we didn't get full discussion. De Weerd: I would just say the people that signed up signed up online. They didn't have to be here in person, so -- and once we signed, we added the sign-up online to facilitate. It also makes it easier to sign up and not show up. So, I -- I would caution you on that assumption. But I think public hearings -- you're not supposed to come here with your mind made up, you're supposed to come here with an open mind looking at the application in advance. There were some issues and the school district came prepared with information that said we are -- we are working those through. The date was set and it cannot be moved, so you hear the testimony and they don't have to make a decision tonight. What is Syringa anyway? I just -- Clayton: It's a 1,200 home subdivision that's going in South Boise by Cole Road and Lake Hazel. De Weerd: Okay. Sorry -- Clayton: It's a billion dollar project. De Weerd: -- don't follow the Boise city council stuff. Clayton: I understand. Being in the South Cole Neighborhood Association I kind of have to. De Weerd: Thank you. Bernt: Thank you for your comments. De Weerd: Yes, ma'am. Good evening. Boe: Good evening. My name is Tiara Boe. I live at 955 West Great Basin Drive in Meridian. 83646. De Weerd: Thank you. Boe: I have four sons in the West Ada School District and I am also a public education teacher and I did not plan on providing comment tonight. However, I do feel very invited, so thank you and even compelled to do so. So, thank you for taking public opinion tonight. I request that our city's council echo the past opinions and continue to support the notion that we should build our city from the inside out, not from the outside in, and certainly not on speculative promises from builders whose lens is about Meridian City Council October 2, 2018 Page 70 of 103 business and profit and not through a lens focused on the safety and considerations of children and there have been blatant assumptions that taxpayers would be willing to pay for sewer, infrastructure, and a fire station that hasn't even been on the radar until this very evening. I do respectfully disagree with Mr. Smylie regarding the bond transparency. If the bond had been transparent with a clear picture regarding traffic and life safety concerns, I don't know that the bond would have passed. And, again, those taxpayer expectations for infrastructure, sewer and a fire station that hasn't been talked about before this evening, that bond may not have passed and regarding safety, I don't feel as a mother or a teacher that concerns have been alleviated by painting a picture of what could be. My stomach does drop watching that first responders video and knowing that times -- average times to provide response to the students at that school would be greater than average at the current time -- maybe not in the future, but at the current time and it's really hard to wrap our brains around what we don't want to believe happen and what we pray every night will not happen in our schools and hope that we don't have a mass trauma injury at our schools. But what would be the consequences of something like that happening before the first responders are there, the infrastructure is there and we are ready to be all together in this new infrastructure. I just ask that you don't put students and teachers in that position. Thank you. De Weerd: Thank you. Mike. Hirano: Good evening, Madam Mayor. De Weerd: Good evening. Hirano: Council Members. My name is Mike Hirano, I'm principal at Rocky Mountain High School. De Weerd: Mike, do you want to pull that closer -- there you go. Hirano: How is that? De Weerd: Thank you. Hirano: I'm principal at Rocky Mountain High School, 5450 North Linder Road. We talk about safety and we talk about our kids. As a principal I can tell you that is the number one thing that we look at, no matter what goes on. When we build a school, when we start to design plans, safety is the number one thing and I know that for me as a principal I would rather be looking at that, so I know that when we build the school that will be the number one considerations is to take care of the kids, to make sure that it is safe. The piece I want to talk about is that Rocky Mountain is what 2,433, that's how many kids we have right now. We have been averaging 60, 70, 80 kids a year. If we keep holding off I'm going to be above 2,500 -- close to 2,600. That's a safety issue for me in my school. I need help. I need another school built. If you wait -- if you put it down on Lake Hazel, in that area, that doesn't help me. If you go down to Eagle it doesn't help me. I have too many kids. I need really -- my subdivision committee needs Meridian City Council October 2, 2018 Page 71 of 103 a relief. We talk about -- just about every day about the number of kids who have to go through this subdivision, but the -- the elementary school is right there, parents are worried that when we have a new high school, kids are driving, they are going to hit my kid. You know, we have kids parking in the subdivision, because there is no more room in the parking lot. So, as it gets bigger and bigger I don't have room. So, I can't keep my community safe and I can keep my kids safe. So, my biggest -- my biggest plea to you is to consider that also, not only as the building support, why that location is really good right now -- at least on a personal level in regards to my school, that's when it will give me the greatest relief and the greatest help and help take care of our kids in that fashion. Any questions? De Weerd: So, Mike, I guess -- I know you need relief. I have been in the halls and like Eric said, it's -- it's crazy. Why don't you redraw boundaries and put more to Meridian High? We live closer to Meridian High, we are in Rocky Mountain High School boundaries, and it just didn't quite make sense, because they split us down the road. But for now I do understand you're overcrowded and that Meridian High has room. Hirano: I agree with that, but I also worry about -- which happened before, we redo boundaries and, then, when you decide where a new school is going to go or just -- and we have to redo boundaries again. That doesn't help families when kids are moved at one time and, then, have to be moved again, because boundaries have to be redrawn and it's in regards to where they are located. The one that's over there on the side does help out the most I believe. De Weerd: I had kids that went to three -- one child that went to three elementary schools, two middle schools and two high schools and we didn't move. So, I do know what you're saying, but -- any questions for Mr. Hirano? Bernt: Madam Mayor, I have one question. De Weerd: Mr. Bernt. Bernt: When your school was originally built, how -- what was -- what was the capacity the school was built for? Hirano: Eighteen. Bernt: Eighteen. So, it's the exact same amount of, you know, kiddos that will be in the new high school. De Weerd: Thank you. This one and, then, Denise in the back. And, then, over here. Good evening. Birch: Good evening. Shawn Birch. I live it 4809 Bronze Spur Drive, Nampa, Idaho. Madam Mayor, Council, as I just explained, we live in Nampa. We actually live in Canyon county, not actually in the city of Nampa. We are at Star Road and Cherry Meridian City Council October 2, 2018 Page 72 of 103 Lane, between Ustick and Cherry Lane and between Star Road and McDermott. We are directly in the impact area of this high school. As I said, we are in -- we are actually in Canyon county, but the property that is directly north of our neighborhood, which is Silver Spur Ranch, the property directly to the north of that has either been annexed or is approved for annexation into the city of Nampa and is approved for housing development of approximately 850 homes. That is not in the City of Meridian, it's not Ada county, but it's West Ada School District. My wife and I and our family moved to Meridian into Kelly Creek Subdivision near Ten Mile and McMillan in 2006. In 2008 I wrote you a nasty e-mail, Mayor -- De Weerd: Thank you. Birch: -- about -- De Weerd: I love those. Birch: -- about the Selway Apartments that was going to be built directly to the south and I was very surprised to get a personal phone call from you in response to my e-mail and -- and you very eloquently laid out the reasons why, you know, it looked like approval or why it looked like these things might happen and I really appreciate that and I -- and I will always remember that. Now I don't live -- I'm not one of your constituents, because I don't live in the city. However, your decision here tonight has a great effect on me and my family living in Canyon county. We support this high school. We were in Kelly Creek Subdivision when Rocky Mountain was opened in 2008 or 2009. I remember at that time that there were not contiguous sidewalks all over the place. There weren't -- there weren't sidewalks, there wasn't the development on the northeast corner of Linder and McMillan. There were great areas of -- you know, of concern. Also, I think similar -- you did have Lochsa Falls and Paramount that were developing already, but there was a lot of areas along the major roads that hadn't been developed and there weren't sidewalks. That stuff happened over time. I sense a great deal of reluctance on your part, Mayor, to allow development to happen on the west side of the city or on this -- on this west end and have it fill in. It's going to happen. Bridgetower West is developing from Ten Mile to Black Cat. There is also the -- the subdivision directly to north of that, Bainbridge, that's going that same mile block. Oak -- the Oak -- The Oaks -- Oak Creek Subdivision is going from Black Cat all the way to McDermott. You know, that I believe is all approved all the way to McDermott. These are enormous subdivisions with incredible numbers of homes that are going in. My kids -- I have two kids right now that are still at Rocky Mountain, because when we moved in 2011 they were allowed to be grandfathered in and they stayed at Rocky and we have appreciated Rocky, but I have two children in elementary school right now that will be able to go to this new high school if it's built where its proposed. I drive Ustick everyday. De Weerd: Can you summarize. Birch: Yeah. Am I out of time? Meridian City Council October 2, 2018 Page 73 of 103 De Weerd: Yes. Birch: I drive that stretch of Ustick almost every day. I'm a federal law enforcement officer. I'm a first responder. I appreciate what the fire department has said about wanting a fire station there. That's great. And I appreciate the concerns with the city. I believe that that's been resolved. It will be save for our kids. I'm a parent and I'm in the impact area and I support it. Thank you. De Weerd: Thank you. Palmer: Madam Mayor? Just a question for you. So, you had kids that were going to be going to the school and I have no idea how long it might take to actually have a fire station there. Say it's ten years from now. Are you comfortable -- it's not something I'm going to have to deal with. I mean I live two miles south of Mountain View, so my kids will probably go to Centennial. Really glad I got a laugh there. So, me not -- not having to be in this situation, would you as a parent be comfortable with knowing there is not going to be a fire station there when my kids are there? It's going to happen eventually, but -- Birch: I am and I will tell you why. As a law enforcement officer my bigger concern is a law enforcement response. When I look at incidents that have happened in the recent past in this country, the mass trauma incidents have been law enforcement related and not natural disaster or, you know, fire or trauma type events where -- where the response that is critical to saving the life of preserving the life of my child will be dependent upon fire, as much as it is upon a law enforcement response. There was recently a school lockdown at my kids' elementary school, Ponderosa, which is about a mile and a half, I think, from the proposed location of this high school and they were there in a hurry and I work in downtown Boise, my car has lights and sirens, it's not as fast as his, but I would have probably been satisfied with my response time from downtown to my kids school, you know, under -- under that sort of circumstance. I'm being a little facetious. Law enforcement has said that there is not an issue with their response times to that location. Fire can be addressed, but in my opinion, the bigger issue is the law enforcement response. Somebody brought up the ladder truck time response. I don't know how many calls for service the fire department has had two schools in the City of Meridian or in Ada county where it justified or required a ladder truck response. I may be completely wrong on that, but I certainly -- you know, living where I do and being in the area where I am, I would appreciate the fire department being closer, even though we are serviced by Ada -- or by -- I'm sorry, by Canyon county. De Weerd: Yeah. We know you're law enforcement and your issue with fire -- I mean come on. Birch: Hey, those draggers. Meridian City Council October 2, 2018 Page 74 of 103 De Weerd: Well, yeah, but when you have an injury on the football field or on the basketball court or, you know, and -- because they respond to medical, every second does count. Birch: Absolutely, Mayor. I understand. I -- I don't recall if it was from the fire department that I heard this or if it was something that I read in a response e-mail, I would be interested to know from the fire department what the additional response time would be for a -- for a regular apparatus that's not a ladder truck. I suspect -- I thought I heard something like 45 seconds or 65 seconds difference. Perhaps the fire department can clarify that. But it's -- it's certainly time, but we do see in this proposal a remedy for that and with all the growth that's coming west and the neighborhoods that I just mentioned, there is certainly going to be a necessity for -- for more fire response capability anyway and this is certainly a driver for that. De Weerd: Yeah. Do you want to address that? Bongiorno: Sure. So -- just so you know, the -- the ladder truck response is in the International Fire Code and what the International Fire Code says is if you have a building that is over 30 feet tall, you -- you get a truck company. So, that's part of it. And anytime you have a -- an actual structure fire, you're going to get a truck company as well. So, I was the one that brought up the truck company I believe in my report, it says the truck company was roughly 15 minutes away under ideal conditions. Station Two, again, with 80 percent reliability, was at seven minutes to the school, which our response times are five minutes. De Weerd: Thank you, chief. Bongiorno: Does that answer your question? Birch: Yeah. De Weerd: Okay. Bongiorno: Sorry, Mayor, if I can real quick, the response time for the ladder truck is ten minutes and it would be 15 from Station One. De Weerd: Thank you. La Fever: Madam Mayor, Council -- De Weerd: Good evening. La Fever: Denise La Fever. 6706 North Salvia Way. The first thing I want to look at is you have the current zoning map right here and up in McMillan and McDermott there is a cluster of developments that have been identified there that are annexed and zoned that haven't been built. Those particular projects already have sewer and water Meridian City Council October 2, 2018 Page 75 of 103 included in their development agreements. Move onto that. And since they have been approved and development already includes water and sewer -- as a matter of fact, one of the developers even asked for an R-15 to make the project more feasible due to water and sewer cost. I think that a reimbursement would be -- would make sense and would make sense to the taxpayers, since they are already in their development agreement. In addition, we have had massive amounts of multi-family. Anybody that picks up the building permit report for Meridian can see the number of doors that have been approved. They are not all built out and they are not all occupied, but they are coming. We have had a lot of them. Can't lose sight that the public voted to approve school bonds to build a school. Citizens want it. The future land use map shows in the area a school that was shown on that area. It's not -- it's within the close area and it's not parcel specific, it was not identified and tied to a specific parcel. The school needs to be built. Nobody -- nobody can dispute that. We need to relieve current and future growth. A required condition that makes sense is a second -- a second access prior to opening. The developer to the north is being more than accommodating and interested in helping with the -- with a road and in addition to a fire station and when I talked to him in the back row, he says that he's looking at single family, not looking at multi-family, which is a good thing. In addition, I applaud them planning ahead. I mean I cannot tell you how many times I have sat in the back and over and over again people coming up saying the schools are overcrowded, the schools are overcrowded and here they are coming with a proposal forward saying that if -- they are planning ahead before it all happens and I think it's absolutely fabulous and I still remember the day when my niece and nephew went to the new Eagle High School and I thought, oh, my goodness, that's so remote, I can't believe there is a school way out there. So, you know, this may be remote right now, but it's -- it's coming and, then, a development agreements and the development applications keep coming one after another. So, I'm all for the project and I -- and it's not -- in the new Comprehensive Plan there is already a school in that area, so -- thank you. Lilienkamp: Good evening. De Weerd: Good evening. Lilienkamp: Jill Lilienkamp, principal at Meridian High School, 1900 West Pine Avenue in Meridian. I wasn't planning on speaking tonight. I usually do a much better job when I am prepared, but I feel like there is a couple of things that you guys do need to know, since Meridian High School has been mentioned many times. The first thing is that I'm terrified that there is 9,000 homes that are scheduled to be built in my zone. I am looking at -- you know, if this -- if this high school isn't built I could have up to 4,000 students possibly in my school and I feel like we are always talking about that catastrophic event and that seems to be the main thing that's on our mind, but there are a lot of safety issues, especially in -- I think Mike Hirano can attest -- when you have an overcrowded school. If I had 4,000 students I can't imagine the safety issues that I would be looking at in my parking lot as kids are trying to get to classes, things like that. So, I would encourage you to think about the safety issues when we overcrowd additional high schools and where we are going to put all those kids that are going in Meridian City Council October 2, 2018 Page 76 of 103 those 9,000 homes. I do want you to know that we -- just like Mike, we think constantly about safety. I am very proud to work for the West Ada School District right now, because we are actually working on all becoming certified in level one safety and that's all we have been thinking about. I think, yeah, you guys know, probably have seen the press releases and that. Right now all of our high schools we have implemented the lockdown system. All our kids are wearing badges at Meridian High. It's going in full effect on Monday. So, we are always considering safety. The second thing is I keep -- I have heard -- well, why don't we just redraw the boundaries and I just want you to know right now with the new remodel I only have four empty viable classrooms at Meridian High School and that's because I have about 13 classrooms that are special ed classrooms and I can only put about four or five, sometimes up to ten students in those classrooms, for the safety of students. These are students sometimes that are violent, they can't be around large groups and that's for the safety of them. So, even though we were built to capacity, we are projected for 2,400, I will not be able to put 2,400 safely in the school, because of the large amount of special ed students that I -- I do serve, because they do need their own classrooms. So, like I said, right now I only have four empty classrooms where we could add more students, so -- I just want to make sure I -- that you guys understood that point, too. Do you guys have any questions? Thank you. De Weerd: Thank you. Yes. Have you already testified? Okay. You can -- you can't stand there and ask it, but let me first find out if there are other people who would like to testify. Good evening. Yorgason: Good evening, Madam Mayor, Members of the Council. My name is Dave Yorgason. My address is 14254 West Battenberg Drive, Boise, Idaho. De Weerd: Thank you. Yorgason: On the border of Meridian. I have two kids who have graduated from Rocky Mountain High School. I have one who is a senior at Rocky Mountain High School. I graduated from Meridian High School before all these other high schools in Meridian were built. I have a lot of love for Meridian. I will not repeat all the comments that have been made, I will make two points real quick and stand for any questions. First of all, I support the application moving forward. I am very well aware as a land developer of the City of Meridian's desire to not move development past McDermott. I'm also well aware of it wasn't that many years ago you didn't want to move past Black Cat. I mean it's kind of happened, didn't it? So, those are my comments there. Secondly, Councilman Palmer, you asked the question of all the conditions that were talked about, which ones can you live with or not live with, for example. The ones about off site sidewalks -- development as it comes it will build the sidewalks. That is often and I will say always a requirement of the developments when they move forward. I mean kids drive -- almost all these kids are going to drive or take a bus to school. There will be so few people walking to the school in the first few years, until there is development either across the street or Mr. Hunter's next door, whatever it may be. So, I think, if I were to choose, I would say do not ask for the school to build those off-site sidewalks. I will stand for any questions. Meridian City Council October 2, 2018 Page 77 of 103 De Weerd: Council, any questions? Palmer: Madam Mayor, I have got a question. You know, given the industry that you're in, do you have any, you know, further comment on -- on something that really probably has nothing to do with you, but the -- the situation with the road and -- and your experience in similar situations with connectivity -- connectivity to the parcels. Yorgason: Madam Mayor and Councilman Palmer, I assume you're talking about the stub streets that have been asked for -- or maybe provided to, but maybe don't build it now. Palmer: Uh-huh. Yorgason: Oh, I have lots of opinions to that. You have a late night here, you probably are not going to make a decision tonight is my guess, but you may be comfortable enough to accept the conditions that's being proposed on -- got a hunch that you maybe want to go over this and come back and make a final decision. My opinion is is whenever an applicant comes forward, whether it's a school or developer, if there is a stub road supposed to go forward, if it's a phased development, then, you stub it when the phase goes in. Kind of simple. But make sure it's provided for. I think that's asking a lot of the school to build it up front and, yet, maybe they are not ever planning on -- at least not for ten years building the residential, because there is really not a residential application coming forward. So, that makes it a little bit unique and so in that regard make sure it's provided for, so that the adjacent parcel is not landlocked. I do think that connectivity to the north and in the west will be required for that future applicant. De Weerd: Now, the problem with being around here for a while is we learn lessons along the way and sidewalks have been a real issue for our citizens. We have sidewalks that go nowhere, don't connect, and we get a lot of criticism for them. We also get a lot of criticism because we are swallowing up open space and one of the reasons we haven't wanted to go west past McDermott is to fill in a lot of that open space, growing from the inside out, which you get better economies of scale with your services, you start getting connectivity and some day we may not be auto oriented or so reliant on the car that when we keep land use planning in this fashion we will never change behaviors or safety issues. Safety issues of our public safety has been -- not every student will be able to drive and I have had four teenagers, none of them took the bus, because that's not cool and that's unfortunate, because we need more students wanting to take the bus, but they also need to have safe alternatives as well and sidewalks are those alternatives. It is a chicken and an egg thing. Sidewalks come with development and it's an off-site requirement, so you can't enforce them, unless you say it's a safety issue and unless that is addressed we can't continue to approve developments that are going to cause safety issues. So, I don't know, I hear our community say all these different things and I have heard it all tonight, too, what do you want? I want a high school, but I disagree, there are open fields between McDermott and Linder Road and not all of them are entitled or committed. There are -- there is land available. So, we want a high school. Where are we going to put it is the question Meridian City Council October 2, 2018 Page 78 of 103 and it's, fortunately, not my decision to make, but -- and for development I would imagine that the development community wants a safe community, too, and your question -- my question to you is why wouldn't you want sidewalks. Yorgason: Madam Mayor, I was looking for that question, so there it is. The question was posed by Councilman Palmer if you were to select any type of conditions, which would you not require or which would be less necessary. Why would you not want sidewalks? Of course you want sidewalks. We want sidewalks everywhere. ACHD has got a vehicle registration initiative this fall to try to increase registration fees. So, there is more money for, among other things, safe routes to school, of which I support, and so to suggest I don't want sidewalks is not what I'm suggesting, but if we were to try to decide how to spend taxpayer dollars that have been already predetermined for the bond for the school, maybe that's one that doesn't necessarily need to happen right now, as it will come as development comes forward. De Weerd: My family and I rode our bikes out on Ustick. It has no shoulder and it has fast moving cars. It is kind of frightening what we are talking about right now. Yorgason: Yeah. Madam Mayor, I would think the road widening is actually to ensure the bike lane safety you're talking about is because bikes don't usually drive on the sidewalk. I would think that's actually more important given the distance of where these homes are today. De Weerd: Thank you. Yorgason: You're welcome. Again thank you. De Weerd: We will hear from this gentleman and, then, we are going to take a ten minute break. I'm sorry. Well, Council, I -- this would be a second testimony. I -- Blood: I didn't stand for questions. I'm happy to. De Weerd: I don't think there are any questions, but I would ask Council do you want to hear a second comment? Milam: Madam Mayor? If you will -- I thought he was coming up to see if he -- because you didn't stand for questions. I guess that my -- I don't have a problem, unless it creates a problem for everybody else in the audience that, then, also want a second testimony. So, I don't know -- if it's just one quick -- De Weerd: At this point we will go ahead and take a break and reconvene in ten minutes. (Recess: 10:01 p.m. to 10:11 p.m.) Meridian City Council October 2, 2018 Page 79 of 103 De Weerd: If I can get everyone to take their seats. Okay. It appears that we won't take second testimonies, but is there anyone who hasn't testified that would like to testify? Good evening. If you will, please, state your name and address for the record. Depold: My name is Fred Depold. 5946 El Gato Lane. De Weerd: Thank you. Depold: Madam Mayor, Council. I just have a couple points. One that I think hasn't been covered here tonight is the fact that the property to the north, the Heartland Property Management or the Trilogy development, they are -- not only are they willing to do the road and pay for the road upon annexation, but your master pathway, once that's all built out, is going to be an awesome connectivity back into The Oaks development and there has been a lot of talk about safety and -- and to me that's -- that's huge. I mean that path is, what, eight feet wide paved and not to mention all the new roads and curb, gutter and sidewalks. So, I think that's something that needs to be pointed out, that they are wanting to move forward with as quickly as possible. The other thing is there has been some talk about, you know, the new need for a fire station and if I remember correctly when The Oaks was first approved on the corner of McDermott and McMillan -- so, this is on the south side -- southeast corner, there was a fire station slated there ten years ago. That was part of their conditions of approval. I don't know if the fire department can remember that, but there was a -- there was a parcel already in the city's name for that and it's since disappeared. Had something to do with who took over and you guys replatted and approved all that. So, there was a need already for a fire department and it was -- it was slated for that area. So, why it went away I'm not sure. And, then, the other thing -- as I'm sitting here hearing about fire response and I'm looking at all these fire sprinklers, there is 40 fire sprinklers in this room and so I'm sure that this new modern school is going to have, I don't know, 5,000 fire sprinklers and, you know, they are connecting water all the way from the new well, McDermott and McMillan, all the way into their project, plus Ustick and Black Cat, they are going to have the loop that's going to be the fire flow with 5,000 sprinklers -- I'm sure that, you know, helps with the -- you know, the -- if there is a fire they are going to be swimming there is going to be so much water and so I'm not sure how that plays into it, but in my mind that it reduces the need for -- you know, we talked about the -- the response time for a fire truck. If there is a fire they are going to be swimming, because we will have the water in the area and the other thing is I do want to support -- I work with Gerald Flower and he is -- I know he wrote a letter to ask for sewer to go to and through to his parcel and so I just wanted to be a voice for him to say, you know, if you're going to extend sewer to the other neighbors, it only seems right that he would get that as well and other developments are required for the same thing. So, with that any questions? De Weerd: Thank you. No. I -- I didn't remember a fire -- had on -- in The Oaks, but I did remember there was something for Western Ada Recreation District and the pool. Depold: That was there. Meridian City Council October 2, 2018 Page 80 of 103 De Weerd: But I didn't remember the fire department thing. But maybe Sonya can look that up while we are chatting. Perhaps. Allen: Madam Mayor, Council, may -- may -- would you, please, repeat the question. I was looking up something else. De Weerd: Oh. Well, the testimony was that at The Oaks when they had their approval at the corner of McMillan and McDermott, there was a pad for a fire department. I knew that they had the swimming pool and -- and the park that they were working with Western Ada Recreation District, but I didn't remember a fire department. Allen: Yeah. That went away. De Weerd: Okay. Allen: It was originally proposed and they did an amendment a while back and that's all residential now. De Weerd: Good memory. Depold: My point was there was a -- a need was already recognized in the area and there was one plan for that area and it went away for whatever reason. But all the homes are still planning to be built. De Weerd: Thank you. Any further testimony? Okay. Would the applicant like to come and address any questions and -- and to wrap this up. Please restate your name and address for the record. G.Allen: Thank you, Madam Mayor, Members of the Council. My name is Gary Allen. Address is 601 West Bannock in Boise. So, what we have -- we have heard tonight is that the city has done a really good job and detail -- done a lot of great detailed planning for growth and we have also heard that the school district has done a lot of really good detailed planning for growth as well, but those two plans have come into some conflict and I think the question is whether the conflict is great enough that it would prevent a school from going forward in this -- the location where it was planned by the district here and I don't think that it is and let me talk to the -- the major issues. I do think we may need some more time, but I do think there is -- there is a place where we can come together here and let me talk about the major aspects of that. The first one is the second street access. That, you know, we have an agreement with the developer who is going to come in and seek annexation for that and provide a fire site. That's really good news for everybody. Now, I think we like -- and we think we have presented you a condition, if you were inclined to move forward tonight, that would address that and, you know, allow for the contingencies to be addressed. If you are thinking along the lines of -- where Counsel Member Borton was suggesting, you want to map out those contingencies a little bit more, we don't have a problem with that. So, we -- we could, you know, spend a little time with staff and otherwise to try and reach a more filled out condition regarding the second access and the fire site. Now, let me talk about safety a Meridian City Council October 2, 2018 Page 81 of 103 little bit, because that's been a big issue tonight. So, obviously, there is a lot done in a school site to think about safety. So, this -- the building is designed to meet all current life safety codes. It's got fire alarms with voice evacuation and fire sprinklers throughout the building. It's a pretty safe site from a fire standpoint. Now, what we have heard tonight is there are some trade-off s; right? If you don't allow a school to be built here, you're -- you know, you're not alleviating the crowding we have got in other places and those schools are over capacity. They have got their own safety issues and so we need this school to help alleviate those. We didn't ever talk about this, but there is an emergency access that meets all the code requirements out to McDermott. So, there is a second access for emergency vehicles, which is exclusive of the connector on McMillan. Let's talk about the fire station a little bit. The fire station is -- you know, it's -- it's not all that you want in terms of the -- in terms of the acts -- of the response times, but it's only 2.9 miles away on a rural road and the testimony was that the police were not concerned about response times to this facility and you have a resource officer on site. So, there is a lot that's going on there from a standpoint of safety. We think that's an adequate program. That is probably more than you require of most applicants who come before you. Here is what we -- I would suggest, though, on this and other -- if you think more is required, give some direction to staff to work out or condition with us, you know, because you, in fact, have an obligation with any conditional use permit if you don't think you can grab it based on the application in front of you, to tell the applicant what they could do to get an approval, we want to know that and that -- that applies to the safety issue, as well as the others. Off site sidewalks was a big topic of discussion. You know, our understanding was that the staff was okay with the busing option and that the sidewalks naturally in most of these circumstances fill in as the -- as development comes through and builds its own sidewalks and we think that's an adequate solution here and -- but if you don't, then, let's give some direction to staff to try and work -- work something out. But, you know, I mean that it's -- it's setting a very different precedent than you ever have as -- as Mr. Yorgason said. I was really glad to hear his developer's perspective up here that you're now asking applicants to put in a great deal of offsite improvements, which opens up a bunch of cans of worms I'm sure that you're -- that you're familiar with. So, I want to make sure -- we need to make sure that the conditions include all of the ACHD conditions. That's something I'm not sure we -- at this hour we could be comfortable with. And, then, finally, is the Woodside access. So, I'm confident with what we heard tonight from the city staff that we can work out a deal with Mr. Hunter on sewer, so that I think we can address that issue. I don't know that we are going to come to agreement. We are going to need you to decide whether we have to build a road at this point. As you heard from Mr. Yorgason -- and his experiences is similar to mine -- if you have a future phase of the project, you don't stub the roads until that phase is built and -- and that's what we are proposing. Maybe we can -- there is something to talk about in terms of where the right of way is located. There aren't a lot of choices there, but -- you know. So, we think a little bit of time would help us get closer. There may still be things that you need to resolve. Again, give us some guidance and see if we can come back with something that meets the Council's concerns. I mean we do have a big concern, however, about putting public dollars into building a road that at this point only benefits that developer. Okay. And so I think that covers the major -- the major issues. Now, we think there is -- you know, again, the Meridian City Council October 2, 2018 Page 82 of 103 school district thinks this is the best location for this high school from the standpoint of meeting its needs. We hear you as to your concerns about how it fits in with the city's orderly growth, but we also think there is a way to figure that out in a way that works and so I would like to get your direction and see if we can address that. So, that's all I have and I would be happy to take any questions. De Weerd: Thank you, Gary. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, here is where I'm sitting on it. I'm -- I'm in favor of it happening. Councilman Borton's point about figuring out how to make the second access, you know, more in stone, so that it will definitely happen no matter what, one way or another, by the time the school opens -- need to figure out how to make that happen. So, yeah, we are going to need more time. I want staff to be less against it. So, whatever conditions or anything that you guys can come up with together to -- to make it so that -- while you still may be against it, that it's more palatable. And with regards to the Woodside access, I want to hear what -- you know, what the rest of the Council thinks on this. To give you a reminder about precedent, I was against it when we did this, but with the Norco building at Eagle and Overland, Rackham Way was going to be sufficient for his initial development, but we required Norco to construct that road and stub it to the neighbor, Zamzow's -- and Zamzow's will need that stuff. It's an anticipation of a future development. I didn't think it needed to be done. His plan -- Mr. Kissler's plan, as he explained, was to build that later, so that they can share in the cost with future developers, but we required them to go ahead and build that road. So, if we want to go off what was done before, then, we should make them build it. If we want to go off what is more realistic to me, as Mr. Yorgason explained, we shouldn't make them build it, we should ensure that there is the ability for them to build it or however that process may work usually. Once all that's figured out -- and I don't know how much time you need to make all that happen -- then I'm in favor of approving it. De Weerd: Thank you. Any other questions? Any questions for Mr. Allen? Mrs. Little Roberts. Little Roberts: Madam Mayor. Just want to make sure you said with more time you would go through the ACHD -- because I reread it again this afternoon and it feels like there is a lot of stuff in there. So, just wanted to make sure that you are willing to go through and include that in the plan to complete it with more time. G.Allen: Madam Mayor, Council Member Roberts, yes. De Weerd: Any other questions? Okay. Thank you. Palmer: Madam Mayor? Meridian City Council October 2, 2018 Page 83 of 103 De Weerd: Mr. Palmer. Palmer: So, how much time is needed to -- Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Before we close the public hearing it may be -- maybe it would be prudent to call on Lieutenant Harper just to confirm and maybe give some final thoughts in regard to the police department's, you know, concerns or maybe to confirm like he had mentioned earlier on the record. De Weerd: Lieutenant. Yes. No, you can do it right there. Harper: Thank you, Madam Mayor, Members of the Council. Again, I have heard a lot myself tonight and I think the important part we talked about kind of the expansion of the city and -- and really extending ourselves out to the west and I guess I have learned quite a bit from this public hearing as well, which is always nice, but I guess I want to reiterate, you know, the -- the second public access that was agreed upon rather easily through some -- some discussions and, then, having an SRO in the school -- again, when it comes to safety and security, we have it right there in the school through, obviously, some contractual agreements to -- to make that happen. We will have a law enforcement presence in that school and -- which will be a benefit beyond just safety and security and response times, looking at the numbers that were provided for priority three calls, our high priority calls, there is -- they almost mirror what our average is citywide, which is nice. And, then, there was talk about sidewalks and -- and just that area in general. There is lots of areas of this city that we cover that are Swiss cheese, as -- I don't know if that's some legal term, but -- sure -- sure -- I doubt it is, but we are going to go with it. Throughout the city -- De Weerd: When someone offers it we will all say it. Harper: Okay. But it's -- we -- we respond to the -- the sorts of areas throughout the city, from the north, south, east, and west -- or at least north, south, and west, not the east. So, we are used to that. We understand the challenges and we are going to provide that service regardless of where it's at in our community, because that's what the community expects from its police department. So, again, I think we have -- we have beaten -- beaten the horse on -- on safety and security and -- and that's pretty much what I have. Thank you. De Weerd: Thank you, Lieutenant. Any further questions for staff, the applicant, or any of those that provided comments this evening? Okay. If Council wants to continue this, I think it -- as Mr. Allen has pointed out, it would be helpful to really point out the -- the areas that you would like staff to bring further detail back. If you want new staff comments, as Sonya mentioned, there -- there is a draft that can be considered, but I Meridian City Council October 2, 2018 Page 84 of 103 think your discussion and any comments and concerns would be really helpful for staff, the applicant, and all of those still in attendance and -- and perhaps even watching online. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Am I allowed to change my mind on something? De Weerd: Yes. Palmer: So, as I was pondering more on the Norco situation, that was difference in that -- that, you know, future parcels that -- that Norco is required to build that road to attach to, wouldn't have been blocked off. In fact, those parcels would have been the ones that would be -- build the road right off their own property that connects to Overland. So, it was a different situation that doesn't really -- doesn't match as well as I initially thought on this. So, now I'm leaning towards thinking this -- the district should either -- I don't know how they do it, whether they should build it off the bat or agree to build it at the time that it ends up being needed to connect to whatever would be developed on the Woodside parcel. I guess I will have to say I'm less decided about my opinion on that. De Weerd: Maybe some options -- Palmer: Sure. De Weerd: -- or some thoughts. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I just -- there is a lot of moving parts here. You know, I mean it's awesome that what was stated is done to -- with the second access and some talking points that have been concerns -- that were concerns in Planning and Zoning Commission meeting, whether, you know, we need -- anywhere from, you know, the second access to infrastructure and so on, et cetera, but I think going forward I think that there is some things that we need to hammer out and I think that by closing the public hearing and voting on it this evening is probably a little bit -- would be too premature. Some -- some -- some guidance that I would probably give would be to really hone in the contingencies for the north property, you know, I -- as a municipality I don't -- I wouldn't - - I would not like having -- I want it to be exact and crystal clear and whatever you guys bring back, if that's, indeed, where we go, to be something that I stand for. I think that we need to have discussions about the Woodside property. I understand Jim's concern about being landlocked. That's a hypothetical conditions of approval, whatever. I think Meridian City Council October 2, 2018 Page 85 of 103 that we need to talk more in regard to that as well. Just reading through my notes real quick. The police department mentioned -- confirmed some things for me and -- those are my two biggest things. So, I'm sure that others up here will give more guidance, but those are just two things that I thought of real quickly. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Everything has been hammered out so many times tonight, but at this point I am -- I am in favor of this project. I believe there are -- there is a little bit of heartburn with some of the issues, but they did most of what the Planning and Zoning asked them to do and as long as we are adding in all of the, you know, ACHD conditions and improvements and building the road to McMillan, I think that maybe even just an agreement on that northern road, which they have some sort of an agreement, but if the -- that property does not get annexed, you know, some -- at least let us know what the plan B is, they are going to build it and they are going to pay for it, I'm assuming that, like you said, they will know that before the school is built, they are not going to come up it, the school will be fully built and, then, they find out they can't build the road, they will find out early in the planning stages if the application is coming forward soon and making sure the Woodside property isn't landlocked, because to me those are like -- those are the most important things at this point, knowing that, you know, the police time is really good, fire it could be, maybe, depends on if Fire Station No. 2, if there is anybody there or not or if they are on a different fire, we have been working on Fire Station Six for like five years or so and it's not built yet, so having a piece of property that is designated for a fire station does not mean that there is going to be a fire station there in a year, two years, or even five years and I think that just needs to be really clear. Obviously, when -- when it's -- when the time is right, when it's available, when the funding is available to build the station and the need is -- is great enough, it will be built, but it's a very long process and I just want to make sure that everybody really understands that, but I think we should, you know, continue this for as soon as we possibly can, giving staff and applicant long enough to get the -- get the ducks in a row. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We are looking at each other here. I have appreciated the discussion and the input and depth of work that's been done on this. One of the questions, kind of working backwards, that was asked -- I think, Gary, you mentioned it kind of in your closing, that, really, the crux of this is the -- is the conflict so great that there is no conceivable path forward. Don't believe that it is. I think, you know, the devil is in the details that we are discussing now and -- and so I will give some comments I think to the applicant and the staff to aid some of the discussion. The one thing that I disagree with is the concern about whether this is patchwork or Swiss cheese development. It is. It kind of is. One of the things I think we have to own is this very well might be a byproduct of the types of Meridian City Council October 2, 2018 Page 86 of 103 land use decisions we make when we grow rapidly to the west and it's difficult to -- to plan in the perfect world where there is a school or we wrestle with public safety concerns as well. Trying to grow perfectly from the inside out in our district doesn't necessarily have the benefit -- when you look at the map, the benefit to -- to acquire property that fits its purpose in the perfect world. So, is this -- is this somewhat patchwork? It is, but I don't know if there is another way that allows the district to meet its needs. So, I don't think that factor is fatal to the application itself. The conditions of approval is where all the rubber meets the road and I have great concern, I don't think the draft really are conditions of approval as we understand them. When we see conditions of approval they are fully vetted with all of our various departments providing detailed analysis that would explain exactly how a project like this might be approved. We are not even close to there yet. So, I appreciate you mentioning we use that term somewhat loosely with kind of the first sketch of it, but if it's going forward -- and to Councilman Palmer's point, we reference all of the other conditions. There is a -- there is probably a lot of them that we need to add or flush out a lot of these -- these concerns. In that process I appreciate the -- the district's effort in creating a solution to the north and -- and, hopefully, it sounds like they are open to the idea of what I think is a critical requirement and it sounds like Council might agree, that construction of the road to McMillan is completed before certificate of occupancy. I don't think the condition as written has all the details that are necessary, because that added element would be no matter what and if it's that district expense to be reimbursed later somehow, so be it. But the CO cannot be held up for lack of constructing a road. There is a lot of work that probably has to go to craft that type of condition, but that seems to be critical, because without it we are in a world of hurt. I think all the comments with regards to the east- west connections, Hethe comment -- Hethe's comments I think are well taken. That's a difficult situation, but -- but it seems appropriate to require that to be part of this application and very well might benefit the value of the parcels to the south of the school district's property and their future development, that cost might be recouped however those might be developed when those are sold off, so that should be included somehow. I -- we at times have applicants who can have the ability to acquire and utilize sidewalk improvements offsite and have cooperation with area developers. These offsite sidewalks -- in particular I think it's a mile on McDermott, among others, seem to be excessive in light of what is offered and the condition to be flushed out. The safe route to -- or, excuse me, the busing -- safe busing to school, you know, there was referencing of some agreement to do so within a mile and a half radius where it normally isn't allowed, but to flush out that commitment, that will sort of be the alternate solution to acquiring the off site sidewalks. Go through, see if there is any other -- I think those were the main ones, probably I'm supportive of what the district is trying to do in the -- and kind of the box they have been put in and believe the glass is half full and we can craft conditions that meet all of these needs. It takes a little additional cooperation between the parties. I think they can get there. But those I guess are my remarks hopefully to continue to move the ball towards what could be an approval. And, Madam Mayor, it's not -- this is a lawyer answer. It's not an exhaustive list. Just because the -- the red line conditions of approval -- these are a week old I think as far as what we have seen. So, there is probably, you know, mays and shalls that -- where language would have to be flushed out as well. There could be more things. So, when Meridian City Council October 2, 2018 Page 87 of 103 this comes back in -- on the 16th, perhaps, or the 23rd there may be some additional ones, but those are the ones that jumped out to me. De Weerd: And I -- I certainly think that if the Council's direction is for staff to bring back recommendations or -- or -- that we build our findings on considering instead of denial approval, what would those look like. It might bring some of those additional things to light. I am curious on the parcel that gives the annexation path that the Spriggel or something like that -- we usually don't annex without a plan. There is another thing that we are -- we are compromising on. What are some options from legal or planning perspective on a lot of what we ask we get through annexation and, then, we lose that ; right? Are there any -- anything that we can build in to -- to that regard. I would ask the school district -- I have heard on several occasions from Ada County Highway District that -- or COMPASS that we don't have a Safe Routes To School plan from the school district. They have a measure out in front of our voters on the registration fee that is also intended for Safe Routes To School -- is I would like the school district to take a look at this area and see if there is a plan that we can put in place to put in front of Ada County Highway District that would bring connectivity -- some kind of a safe pathway -- if it's through The Oaks or down a -- down McMillan or something, because those roads are two lane rural roads that have no shoulders and don't have connected sidewalks and not every child is going to take a bus or have a car or be driven. Safety is paramount. It is our number one responsibility and if there is some plan you can put into place, so that you can propose it to Ada County Highway District to get it on their radar early and fast, that would be certainly a preference. Palmer: Madam Mayor? De Weerd: Mr. -- whatever your name is. Mr. Palmer. Palmer: Ty. De Weerd: It's late. Palmer: And, then, you know, awkward situations like this where there is going to be a time period where there won't necessarily be, you know, access from every possible mode of travel to get there in a hundred percent perfectly safe way, I think rather than it being government's responsibility to ensure that every child makes it there safely, that we encourage the parents to take responsibility for their -- their own children and if -- if there's not going to be a normal way for them to get here, that they figure out how to make it happen until development provides those hard surface walkways off of the roadway. De Weerd: But also that -- I know that the Woodside cross-access and -- and sewer were mentioned. I think there was a note of the Flower property that's south of it, just -- from our staff perspective, what are -- what are the options and -- and how does that look and -- and those kind of things, too. I don't know if you answered, Warren, the Flower property. I know you mentioned that Woodside would have access. Meridian City Council October 2, 2018 Page 88 of 103 Stewart: Madam Mayor, Members of the Council, so we did do the analysis to determine that Woodside can probably serve their entire parcel with a connection to the school district's sewer line. We did not look at the Flower parcel to determine whether or not there is enough depth there where the sewer could extend that far. We would have to do that analysis in order to determine whether or not that was feasible. I don't know if it is at this point. Both of those parcels, the Woodside parcel, the Flower parcel, as well as the residential parcel that the school district is ultimately planning to build or master plan to take access via the trunk line off of McDermott Road using an eight inch line that runs down Ustick and could stub into all of those parcels. So, that was the master plan for service to all those parcels. That can still happen in the future when that line is built that -- that -- that mechanism for providing service can still happen. So, whether or not it comes through this school district piece or not does not preclude them from obtaining service. It may have an impact on the cost and the timing of that, but it does not prohibit them from obtaining service the way the master plan intended in the first place. That's why we are not requiring the school district to extend those services to those parcels, because that's not what was planned, but if they want to work with the school district, we can -- we can accommodate that. But we are not going to require it to be extended, because -- De Weerd: No, I didn't mean it to be a requirement at all, but it was brought up and we -- we hadn't heard anything regarding that. So, just to have that in the comments. Stewart: Okay. De Weerd: Anything further from Council? Milam: Well, Madam Mayor? De Weerd: I think you have a good list. Yes, Mrs. Milam. Milam: Well -- and I think that maybe we should hear from the applicant, because we should have a plan for Spriggel and we don't generally just blanket annex property and just so it can be a bridge to another piece of property. So, maybe that's something they can -- I don't know -- throw together or at least give it -- you know, put something together before we approve this. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There may -- well, the applicant's coming forward. Maybe not. De Weerd: Come on forward. Adams: Matthew Adams. 462 East Shore Drive, Eagle, Idaho. Meridian City Council October 2, 2018 Page 89 of 103 De Weerd: Thank you. Adams: We have a development plan, a concept land use plan for the Spriggel parcel. We, in early meetings with staff, understood that staff did not want us to submit that, so at that time we did not. We have developed that plan, because that's the only way you can determine the correct route for the sewer and the water through that parcel. So, we have it available and we are more than happy to share it with staff. De Weerd: Sonya. Allen: Madam Mayor, Council, one of the draft provisions requires that an application for a modification to the development agreement be submitted prior to any development occurring on the Spriggel parcel, which would require a concept development plan at that time. So, that's kind of the catch on that one, if that works for Council. Otherwise, no, staff would like to see a concept plan. That was fine. Adams: We will send it over and you can determine what you do with that. That would be great. De Weerd: Okay. Thank you. Adams: Or if it affects that condition in any way. Thank you. Allen: Also, Madam Mayor, if I may, there was some discussion a couple of times -- I heard about ACHD conditions of approval. There are actually ACHD conditions included in the staff report in Exhibit B. So, those are there for your review. De Weerd: Or entertainment, uh? Allen: Yes. De Weerd: Yeah. So, any other points that you want staff to comment on in particular? Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Can I make a couple of just quick comments that -- about the process. One, I don't know who -- somebody in the public said it seems like it's not all figured out yet. It's because we do things in this forum. Many of you know that. Some don't. It's public. You get to see sausage get made a little bit. Larger projects are more cumbersome, but this is the way it works. The second -- probably all of us would share a big hats off to our Planning and Zoning Commission. Those commissioners who took a lot of the -- the first process and found challenges and allowed the applicant to come up with some Meridian City Council October 2, 2018 Page 90 of 103 solutions before it even got to us, so they don't get enough appreciation for what they do. So, the Planning and Zoning Commission in Meridian did a -- did a great job. De Weerd: I think you could probably add planning staff and -- and all of those that -- that take a critical look at all of our applications. They don't really get enough recognition either. So, our thanks to you. Borton: So true. Absolutely. De Weerd: Anything further? Borton: No. That's it. De Weerd: Okay. Well, we will need a date to consider continuing this to. Borton: Madam Mayor, I would move that we continue H-2018-0075 to October 23rd. Milam: Second. De Weerd: Okay. I have a motion and a second to continue this item to October 23rd. Any discussion? All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Public Hearing for Intent to Convey Real Property (Old City Hall) to the Meridian Development Corporation De Weerd: And thank you all for sticking with us until five to 11:00. Okay. Item 9-F is a public hearing with the intent to convey real -- real property. We do still have items on our agenda, if we can ask you to have your conversations outside. Okay. Okay. We will open this public hearing and, Mr. Nary, are you introducing this? Nary: Madam Mayor, I sure can. So, on -- on your agenda now is the -- the public hearing to convey real property and, then, there is an ordinance that's attached to that. For the record, this is about the Old City Hall property at 33 East Idaho. This is in relation to the RFP that was done in conjunction with MDC a few months ago that was accepted by the City Council and the MDC board. This is the public process to determine whether or not the property can be conveyed. The ordinance is -- can be approved tonight. It doesn't have to be approved tonight. If it isn't going to be approved tonight, then, we would need direction on what other information, if any, to gather. You have in your packet the original proposal for the RFP for the property to be done. There is a draft -- or, excuse me, there is the draft MOU with MDC. So, there is piece of work. So, you know, the decision was to simply agree to convey the property pursuant to conditions that would be, again, part of the conditions we would be working out with ACHD as part of this process. Additionally, there is in your packet two other items. Meridian City Council October 2, 2018 Page 91 of 103 There is a draft MOU -- and Mr. Lakey can explain that from MDC's side and that is the working agreement between MDC and the successful RFP proposers for the development of the Old City Hall site and, then, third, there is an appraisal that was done at the city's request of that site and takes into account as much as could be -- could be done in a fairly short time period, trying to look at comparables and giving you some valuation of that appraiser's estimate of value of the property, minus the cost of demolition. I think that's the basics to get started and I think there probably is more information that may be needed from MDC or the proposer or Mr. Ariel has been kind of managing the project from the city side. But that is the framework to get started. De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Did I miss it or did we include it in here -- I know several of us had concerns about the New Venture Lab and letting them stay in there as long as possible, but I know that we have got the 30 day clause, but we also didn't want to see what we have seen before where someone's exited and, then, the building isn't ready to be torn down or whatever. You know, I have had some feedback from area businesses that were concerned about that. Nary: Yes. Madam Mayor, Members of the Council, we have had -- and Council Member Little Roberts. We have had some preliminary discussions with Mr. Ritter. Again, I think that's part of the detail of when that would need to be vacated. We talked about a winter -- late winter type of period where the vacation would have to occur. Again, part of it is based on when the demolition would occur, which is planned to be somewhat in the spring, but those details would need to be worked out. We have talked to Mr. Ritter, he is aware that at some point a vacation -- you, obviously, wanted as much lead time as possible, which we were in favor of as well from the city's side and, then, I think that's a detail that would be part of the MDC transfer agreement. De Weerd: Cameron, do you have anything you want to put out there right now? Ariel: Madam Mayor, Members of the Council, just quickly. We have -- we do have, you know, the draft agreement that Todd and Bill put together. We also have, you know, the ordinance before you. We have the appraisal. So, if you have any questions about that, if there is anything that the Council would like to see in that, discussed in that, now's the time to kind of bring that to us, so that we can try to work that out or -- that into the agreement. Again, just kind of given the timing of the project, we want to be moving forward if -- if that is the decision of the Council. Milam: Madam Mayor? Ariel: Here to answer any questions you may have. De Weerd: Mrs. Milam. Milam: Cameron, I have a picture -- I have a question about page 89 of the appraisal. Meridian City Council October 2, 2018 Page 92 of 103 Ariel: Okay. Milam: Sorry. I'm just kidding. Ariel: No problem. Milam: I know it's late. It's late. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, if I could add one more thing. So, there had been earlier discussion by the Council -- and I think Mr. Lakey can address from MDC's side as well -- of timing and execution of this agreement and the agreement -- the project actually going and moving forward and there are some conditions in the MOU with MDC and Novembrewhisky on those types of conditions and assurances that buildings will get torn down timely, the building permits will get issued timely and things like that. One of the things that isn't in the draft MOU for the city's purchase and sale with MDC, because MDC has a revert clause in that agreement with Novembrewhisky, we could -- and, again, I haven't discussed with Mr. Lakey, but have a similar clause for the city. So, if the -- if the need is is that the project doesn't happen for whatever reason and this property, then, is returned to MDC, that the city would, then, have the right to repurchase it back from MDC for what MDC had previously paid the city for. So, we can add that condition, because that was a question that come up in the prior discussions, as well as since we have issued this draft. So, I just wanted to put that out there and Mr. Lakey, obviously, can comment on it. We haven't had an opportunity to discuss it since we have had these drafts exchanged, so -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I'm a simple guy and that may be the most agreeable thing I said tonight. Between MOU and MDC -- oh, man, there was a million acronyms, so -- and you may have just said the answer to what I'm about to ask, but just so that I make sure that I understand. So, approving this tonight doesn't prohibit Council deciding on, you know, points where we want to say, okay, this has to be done by this date, this has to be done by this date, this has to be done by this date and if any one of those benchmarks or whatever aren't met, then, the city can say we are taking it back. So, we can still set those later by approving this tonight ; right? Nary: Madam Mayor, Members of the Council, yes. So, all that -- the only question tonight that the Council is being asked -- and -- and it doesn't have to be decided tonight -- is are we willing to transfer the property from the city to MDC for a price and right now Meridian City Council October 2, 2018 Page 93 of 103 the price that has been proposed in the RFP was 565,000 dollars. There is an appraisal for a different price and that's part of your conversation. But all that's being -- all that's being requested is is the city willing to transfer it for a value and what that value is. Palmer: Madam Mayor? So, the number is determined in this tonight? Nary: Yes. Palmer: Okay. So, I'm -- I want to move forward with it, approve it, but I -- I would like all six of us to agree on the price of -- you know, I don't know if it causes any delay or anything to do this a week from now, to maybe have a chance to have a discussion with all six of us as to whether we are good with, you know, what was proposed, the amount, or if -- because now that we have an appraisal, which, you know, we wanted it for a reason, if we want to discuss a different amount of money. Nary: And to answer your question, you do not have to make a decision tonight. What that impact may be Mr. Lakey could probably answer it, but I don't believe that it's time critical to do it today. Bernt: Madam Mayor? Mr. Bernt. Bernt: My thought process on the -- on the appraisal -- I believe if -- you know, is it -- is it undervalued a little bit? You know, the -- the -- what was proposed by Novembrewhisky? Probably. But, you know, I'm not -- I'm not convinced that if it were to be sold at auction that it would be sold for much more than -- than what Novembrewhisky proposed price is, to be honest with you. That -- it's -- it's -- it's an interesting building. It's not a new building. It's an older building. Sort of an -- I'm not going to say a weird spot, but like in a spot where not a lot can be done with it, other than maybe office space and so I don't know if there is a big price tag put on that type of a use and so I would be in favor of approving what Novembrewhisky and Pacific Companies have offered to buy it for and to proceed this evening. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Councilman Bernt, the appraisal was done as if the property was bare land. No building on it. So, that is the number that is in the appraisal is if that building -- after the building is gone. So, it has nothing to do with the building or -- it's over an acre in downtime Meridian. I mean I don't know what it would sell for either. It seems a little -- I thought it was a little higher than -- than I expected it to be. But it isn't including the building. So, I'm -- I'm kind of stuck, because I like -- I think maybe the -- the proposal was a little low, the appraisal is a little high and there is a reason we got the appraisal. If we were just going to ignore the appraisal, then, why would we pay money to get one in the first place. So, I think -- I think ignoring it completely isn't the responsible thing to do here. Meridian City Council October 2, 2018 Page 94 of 103 De Weerd: Although I think the appraisal did not consider the cost of demolition and -- and I think that was noted in there, that you -- that was the price minus the demolition. That's how I read it anyway. Maybe someone could clarify that for us. Mr. Lakey, do you have some comments? Lakey: Madam Mayor and Council Members, for the record Todd Lakey, legal counsel for MDC. Address 141 East Carlton Avenue, Meridian, Idaho. So, I will I guess make some initial comments and, obviously, you may have some questions on how we would approach things or how we may approach things together. I guess -- I mean you're all aware that we got two proposals and the first proposal was an offer to have the city pay somebody to take it to the tune of about 1.6. The proposal that we selected has the city being paid 565,000 for the property and, you know, you have different opinions on value. The Pacific Companies -- we know their expertise, they use that expertise and experience in coming up with their value. Maybe it was a little low, but maybe it wasn't. I think the -- and the appraisal came in at -- at 842. For me I didn't -- I didn't see the need to go into looking at the pluses and minuses and the -- the goods and the bads about the appraisal. I think the appraisal came in a little -- came in higher, but it was also in the range. We are not talking about them undervaluing by double or triple or -- or something like that. So, I think -- and our request as MDC is to stay with the amount that was suggested in the proposal that was approved and selected by both entities and I guess the points I want to make on that are the fact that we both accepted that and kind of knowing the number, but, really, I think we all feel that the project itself is a game changer and it's probably not an understatement to say that it's a huge game changer for downtown and it will be not just the property itself, but it will be a catalyst for the rest of the downtown when it comes to commercial and residential development and I think that's what I look at. The proposal estimated that the -- the annual tax revenue generated from the site would be about 130,000, but that doesn't include -- as I visited with them didn't include the land value, it doesn't include Option C, which are those properties between the Heritage Building and the MDC Unbound properties, that they are still trying to get and hopefully they get. That's also a static figure. That doesn't account for the economic growth that's going to occur as a result of this. So, I think the thing to focus on from my perspective is, sure, you got an appraisal and it shows that they are in the ballpark, but what to really look at is the return on investment that you're going to get. That 277,000 dollar difference is going to be recuperated quickly, rapidly and exponentially exceeded as a result of this. So, I don't want to -- I guess my hope is that we don't trip over nickels and step over dollars. Our request tonight is that this Council approve a number, you know, as Bill said, you -- you can do what you want to do, but our request is to approve a number tonight, knowing that there are some other details to potentially work out, but give our board -- who doesn't meet as frequently as you do, an approval at least of a number as we move forward, so we can have that in our planning purposes -- for our planning purposes. The closing -- Council Member Little Roberts, we are fairly flexible on that. We recognize -- and I think -- I think Novembrewhisky recognizes and Pacific Companies recognize that it's better to have somebody in a building and not have an empty building for a long period of time. I think it's -- it's optimal to get folks out of it and get it knocked down sooner than later, just for Meridian City Council October 2, 2018 Page 95 of 103 the risk and the cost and things that are going on, but, granted, the proposal says February, March. So, that's -- that's an appropriate time frame if that's what the Council wants to do. That also would let you potentially hold onto the property a little bit longer before it's actually transferred to provide that additional security if you need that. Council Member Palmer, you mentioned the -- the kind of steps and the -- the rights of reversion on the potential transfer and when MDC looked at the -- the 703 property, what -- the funding the way it was then we couldn't put in a right of reversion, just the bank wouldn't -- wouldn't go for it the way it was funded. As I visited with Mr. Roop, they are willing to have a right of reversion up to a point. The point that we can have rights of reversion are that the closing of the financing, which means the bank says you're good to go, here is your money and they are digging. After -- after that point they won't be able to get financing, because the bank doesn't want to be in a position to lose their collateral for these 11 million dollars that they gave them, but up to that point as far as obtaining your approvals, obtaining your -- your permits and your entitlements, whatever other processes are there and a demonstration that you do have financing in place, all those things can be -- can be up to that point of right of reversion. You can say we want all these things or we have the ability to take the property back. But once the bank gives them the 11 million dollars and they start, then, they need to be able to have that and we have other consequences built in to the agreement, such as liquidated damages or those kind of thing where there are consequences for missing deadlines. With that I would be happy to answer questions if you have them. De Weerd: Forgot to note that the value that this project will have after completed will more than make up any difference ; right? Lakey: Madam Mayor, that's what I was trying to articulate. I must not have done it well. The return on investment on this property is exponential compared to the 277,000. It's just not comparable. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I'm sure we all agree that there is no value but the -- the 130,000 dollar tax revenue is not going to be an increase in 130,000 dollar annual tax revenue, it's just going to mean that everybody else pays a few cents less. Nary: Madam Mayor? Palmer: Unless I have been misunderstanding how our property taxes work for three years. De Weerd: Mr. Nary. Nary: I apologize, I didn't want to interrupt Councilman Palmer. I was just going to add a little bit more for the record, partly on maybe some of the comments and, then, also Meridian City Council October 2, 2018 Page 96 of 103 for the public who might watch this at some point in time or based on -- or suppressed in the audience as well. The purpose of the appraisal was to give some relative value to the property and it isn't unimportant, so I agree with Council Member Milam, it isn't unimportant, but it is a number and -- and the reality is we all know in land business an appraisal value is simply a number. Your property is worth what someone will actually pay you for it. So, it's important to at least consider it, but it's also -- you have to look at the bigger picture of the process and the reality is what's more common than not in the urban renewal business -- and Mr. Lakey has a great deal more experience in that than I do -- is oftentimes government is asked to provide the property at no cost to the developer or the development agency has purchased the property and has also requested to provide it at no cost to the development for the exact reason Mr. Lakey stated, the return on investment stimulating -- stimulating economic development and other reasons and that's the purpose of why the statute exists, is to allow for that. This one is a little more unusual in our area, because the proposer was proposing to purchase it, because they recognize the city did consider that purchase of the property was important. So, the valuation of it is important. It isn't -- it isn't that it's necessarily undervalued by the proposer or overvalued by the appraiser, it's simply numbers trying to make the deal be reasonable, to be effective, to be reasonable to the public and that the city's portion of -- of participation in that is fair and reasonable. That's really all that's -- from the legal standpoint that's what you have to decide, is it legal and fair, is it -- excuse me. Is it fair to the public for the valuation of that property and the participation in the project for what's being proposed. So, I know that's a lot of stuff that's probably more for three people at home that are watching this than all of you, but I wanted to at least put that on the record that that's the purpose of the -- of the valuation and the appraisal and what's being proposed, so I sort of thought that that would help your discussion. Palmer: Madam Mayor? And, I'm sorry, I don't object to the amount, really, by any means. To my first point, I just want all six of us here -- because especially where we are contemplating selling a piece of property for, you know, 300,000 dollars less than it appraised for, I would hate for Councilman Cavener or to have somebody in the public come up and say why on earth would you sell, you know, a piece of publicly owned property for 300,000 dollars less than it appraised for. I want him to be able to have on the record a yes or no, whether you agree to it or not. So, I just want the six of us -- that what I would like if it doesn't cause any major problems by just pushing in one week to have all six of us say -- have a say in it. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I'm going to be gone next week. I'm going to be in Port de Gaulle. Palmer: But you can put your opinion on the record today. Milam: Madam Mayor? Meridian City Council October 2, 2018 Page 97 of 103 De Weerd: Mrs. Milam. Milam: Every week or so -- every couple weeks one of us is gone and we make important critical decisions to the city regardless of that absence, as long as we have a quorum. So, I don't think it would be worth waiting. Mr. Cavener saw the agenda. If he thought it was a big deal to him, then, he -- maybe he would have said something about extending it or continuing it on. You know, I -- I didn't have a problem with the number until I saw the appraisal and now it's just annoying. Part of me is like why would we waste our resources and our time getting an appraisal if we were okay with the number to begin with. There is another number on the appraisal on page 39 that's an estimated assessed value and I'm not saying we have to change it to that 80 percent of the appraised value, but I still don't understand why this needs to be part of this at all if we are ignoring it and, Mr. Nary, I heard your comments, but we had a number and we are sticking to that number, this still seems relevant. Bernt: Madman Mayor? De Weerd: Mr. Bernt. Bernt: A couple thoughts. First off, in regard to Mr. Cavener, you know, I guarantee you he -- he feels -- he -- I know without even talking to him I know that he knows -- he thinks this is a big deal and I -- I know what he's doing this evening and I'm a big -- I'm a big fan that, you know, family always comes first, so that -- I know that he got whiff of the agenda before tonight, but I just wanted to -- we all -- we all have priorities and, you know, he's just being a good dad tonight. So, secondly, we are talking about like a 20 plus million dollar project, you know, I mean -- and I -- Todd, you -- you said something that I completely agree with, you know, I don't -- I'm not in a position where I think it's prudent to trip over the dimes to get to the dollars. I just think that's just bad business. You know, I -- is it a terrible price point that Novembrewhisky and Pacific Companies are offering for this property? No. I believe -- I believe it is fair. I think it's in the realm of fairness. You know, I think that I -- could we get a couple more dollars for it? I'm sure Josh would say yes. But like we are talking -- who cares amount of money. I mean it's - - it's worth -- another point was made that, you know, the amount of revenue that we are going to get back in taxes, it far outweighs the -- the amount of money that we are -- that we are going to debate this evening. So, just another thought. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I really don't think that I said Mr. Cavener didn't -- Bernt: I know -- I -- Milam: -- he didn't care. I said if it was a big enough deal to him. Meridian City Council October 2, 2018 Page 98 of 103 Bernt: I know what you meant. Milam: -- that -- well, okay -- Bernt: I just wanted Mr. Cavener -- Milam: You just kind of made it sound like I said he didn't care -- Bernt: No. No. No. I apologize if that came out that -- I just wanted to show a little -- you know, a little love to Mr. Cavener. Palmer: Madam Mayor? Milam: No. De Weerd: Thank you. Bernt: I know you didn't mean any ill will toward him. I apologize if you -- De Weerd: Mr. Palmer. Palmer: So, again, it's not how property taxes work and, in fact, I think because it's within an urban renewal district as the property value increases and they are going to be paying more taxes, I believe our revenue, the General Fund, may actually decrease until the sunset of the district, but, regardless, our revenue is not going to increase from property taxes. But I move we close the public hearing an item -- De Weerd: Well, I haven't even asked if there is anyone who would like to comment, so -- Palmer: I was even going to move to approve it to be done. Ariel: Madam Mayor? Madam Mayor, also just real quick I do have some information for you in regards to the appraisal if you would like it. So, it was done as -- as though vacant. Milam: Yes. Ariel: So, just a couple thoughts. That's actually both Novembrewhisky's and Pacific Companies' proposal, as well as how this was done and they are actually both accounting for the same demolition cost, which is 150,000 in both. So, the appraisal is based on a 992,000 dollar appraised value, minus the 150, which gives you the 842,000 valuation, which is roughly $16.98 per square foot. The Novembrewhisky, Pacific Companies' proposed valuation is 715,000 dollar valuation, minus the 150, which gives Meridian City Council October 2, 2018 Page 99 of 103 you the 565,000, which is a $15.34 per square foot value. So, you're -- you're looking at about $1.64 per square foot difference in -- in value. De Weerd: Okay. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. I think you nailed it when you said let's not trip over pennies to get to dollars, because I think we are very, very fortunate to have had -- to have this project going. It's going to be a boon to downtown and that -- I think it was about two and a half years ago I asked a very prominent developer in the valley why they -- he had built in Boise and built in Nampa and when is he going to build in Meridian and he said give me some land and I will build you something. So, I think we are very fortunate that we are getting some money for this. It may not be what the appraised value is, but the fact that we are getting something for the land, I think is great and we should use this number and go for it. De Weerd: Thank you. Any further questions for Mr. Lakey? Okay. Thank you. Lakey: Thank you, Madam Mayor. And, Council Member Palmer, we can talk taxes after we -- Palmer: Was I wrong? Lakey: What? Palmer: My analysis on the taxes. De Weerd: It doesn't matter. Thank you. Palmer: Madam Mayor -- De Weerd: At this point we still have a public hearing going on and I would really love to hear from Denise. La Fever: Denise La Fever. 6706 North Salvia Way. De Weerd: Thank you. La Fever: And -- and I guess, you know, we are talking about tripping over dimes. I don't view a quarter million dollars as tripping over dimes and I think an appraisal needs to mean something. I'm not overly excited to see that we are going to develop apartments. I mean the Comprehensive Plan committee has said they want to go back and open up this area, the downtown area, and take another look at that plan. That's Meridian City Council October 2, 2018 Page 100 of 103 something that the citizens have also made comments that they also want to take a look at redeveloping this. I would be far more excited to see a 10, 16 story office building going downtown with economic values. So, I guess in short, I'm not overly excited about it, especially if it means we are a quarter million dollar difference. So, there is your first record of a taxpayer that's not real excited. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Just a comment real quick, Denise. There is -- there is a -- there is a portion of that property that's in between the two properties that Novembrewhisky owns currently and the -- and the Heritage House that will -- if purchased will be converted into something that you're talking about. So, they are definitely -- that -- that is -- that is in the mix as we speak. La Fever: Yeah. I would love to see economic, you know, business here. Instead of having people driving off to Boise, I would like to see, you know, plottage, redevelopment, high rises -- Bernt: Sure. La Fever: -- the whole nine yards. We haven't even had an opportunity to discuss how we want to redevelop that area based on the new comprehensive plan. So, I'm just putting that out there. De Weerd: Okay. This is a public hearing. Is there anyone else who would like to make comment? I don't recognize you without the green helmet. Evarts: I know. Josh Evarts, 303 East State Avenue, Old Town, Meridian. I really would like to offer comment on the Lime, so if you guys ever decide to put together a committee to talk about the scooters, I thought wearing the helmet might give me an invite to talk, but that's neither here nor there. I do appreciate all the comments. Caleb and I were very very deliberate when we went through all the math to make the offer of the 565. We knew that was a very very big issue. We took that very very serious. We did a lot of work. One of the reasons we provided one hundred percent of our financials to show what our actual bottom line, small return was on this investment, was to convey that -- that we had done our due diligence to make sure that you guys understood the reason that we weren't asking for contribution on the 20 million dollars is because we knew that this was a big deal and we wanted to show our stake and our investment in making this happen. With all due respect to other people that are talking about wanting to do development, there have been multiple opportunities -- three RFPs have been run since 2012 and nobody is bringing concepts and so -- so, with all peace and love, like I think we are this close and I think that it was actually very -- we worked very closely, actually, with the appraiser. They had lots of questions for Caleb and I in terms of how we got the numbers and lots of discussion went back and forth. The number came in Meridian City Council October 2, 2018 Page 101 of 103 within a range that we thought was kind of reasonable and as we talked about it with MDC, we just made it very clear to them that we feel very comfortable with the 565 number. We feel like that based on the additional contributions that we are making, that we are not asking you guys to participate in for the amount of return that we are expecting on this. We thought it was a win win for everybody. Those are just kind of my comments and I'm open for any questions. And Caleb would love to be here, he's in Oregon with family, so -- De Weerd: Thank you, Josh. Council, any questions? Thank you. Evarts: I appreciate it. Thanks. De Weerd: Any other comments? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we close the public hearing on Item 9-F. Milam: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. G. Ordinance 18-1792: An Ordinance Authorizing The Conveyance Of Certain City Owned Real Property To The Meridian Development Corporation Located At 33 E . Idaho Avenue (Commonly Referred To As “Old City Hall”) And Legally Described As Lots 21, 22, 23, 24, 25, 26, 28, 29, 30, 31 And 32 Of Block 2, Meridian Townsite In The City Of Meridian, Ada County, Idaho; Authorizing The Mayor And City Clerk To Execute And Attest On Behalf Of The City Of Meridian The Deed And Other Documents Necessary To Complete The Transaction; Providing For A Waiver Of The Reading Rules; And Providing An Effective Date . De Weerd: Ordinance 18-1792 is Item 9-G. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1792, an ordinance authorizing the convenience of certain city owned real property to the Meridian Development Corporation, located at 33 East Idaho Avenue, commonly referred to as Old City Hall and legally described as Lots 21 22 23, 24, 25, 26, 28, 29, Meridian City Council October 2, 2018 Page 102 of 103 30,31 and 32 of Block 2, Meridian townsite in the City of Meridian, Ada county, Idaho. Authorizing the Mayor and City Clerk to execute and attest on behalf of the City of Meridian the deed and other documents necessary to complete the transaction, providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title. Council, do you have any questions or do I have a motion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve Ordinance 18-1792 for the amount of 565,000 even with suspension of rules. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I was just going to ask if you would put on the record -- again, we discussed a reversion clause that's in the agreement that we will -- we will work out with MDC, I just wanted to be clear is that a desire of the Council that we have that conversation that there be a reversion to the city repurchasing the property if it were not to develop? Milam: Yes. Palmer: Yes. Nary: Okay. All right. We will -- we will work that out with the next agreement. This only needs this part to be done. De Weerd: Okay. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. H. Police Department: Budget Amendment for K -9 Training Not to Exceed $10,000 (Net Zero) Meridian City Council October 2, 2018 Page 103 of 103 De Weerd: Item 9-H is under our Police Department. Harper: Good evening. De Weerd: Good evening. Harper: Madam Mayor, Members of the Council, I'm here to hopefully quickly go over a project that the canine unit has been working on since 2017, a fundraiser, that The Village started back in 2017. The Village purchased over a thousand stuffed logo dogs that look like our canines and ultimately -- which everybody's familiar with, right, the program -- or the fundraiser. Through that the whole point of this was to raise money for a bulletproof vest for canines, additional tactical training, so on and so forth. From 2017 to 2018 all the dogs were sold to the tune of raising over 14,000 dollars by the sale of those dogs, which went towards the canine fund. In May of 2018 the fundraiser was selected for the International Council of Shopping Centers and received an extra 10,000 dollars, which is pretty cool. So, to date we have raised 24,000 dollars and tonight we are seeking authority to spend 10,000 of that in FY-19. And I want to go to Portugal. De Weerd: Thank you. And congratulations on that. The Village has been an excellent partner. Council, any questions? Okay. Mrs. Little Robert. Little Roberts: Hearing none, Madam Mayor, I move we approve the budget amendment for the canine training not to exceed 10,000 dollars. Milam: Second. De Weerd: I have a motion and a second to approve 9-H. Any discussion? Hearing none, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Department Reports A. Community Development: Bike Share Programs Became Item 8B De Weerd: We already heard 10-A. Item 11: Future Meeting Topics Meridian City Council October 2, 2018 Page 104 of 103 De Weerd: Item 11, any item under this number? Okay. I just have a couple of reminders that United Way campaign lunch is tomorrow from 11:30 to 1:30. Faith leaders luncheon is Thursday at 11:30. And the chamber versus the city softball game is October 9th at 5:30 at Settlers Park. Be there or be square. Nary: Madam Mayor, before you adjourn I was going to mention one more thing to you and the Council. Mr. Watts spoke to me before the meeting. He left a draft of policy updates for the purchasing division that he wants to discuss next week. So, I just wanted to -- had a lot of papers tonight, I wanted to make sure you saw that, because he was going to have that on next week's agenda for discussion. De Weerd: Okay. Very good. Okay. With that I would entertain -- Borton: Madam Mayor? De Weerd: Oh, sorry. Borton: Sorry. Sorry. Real quick. De Weerd: Mr. Borton. Borton: I just passed out kind of feedback and the reassignment of liaisons, which we have moved to now October, the idea that this would be effective really after the workshop, because people have maybe meetings this week or next week. There is not a lot of change on the external committees. A couple, but kind of rotating around all the other liaisons amongst us. So, at any rate, go see your departments and probably at our -- at our workshop when we provide our updates on our external, it's probably the ones you already are on. An update for external -- anything new would probably really happened in November, so you're not going to know much. And thank you, everybody, for providing input, Madam Mayor in reviewing the liaisons to your department. I will be sad for those that -- De Weerd: Okay. I would entertain a motion to adjourn. Little Roberts: So moved. Palmer: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 11:35 P. M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Meridian City Council October 2, 2018 Page 105 of 103 MAYOR MY DE WEERD ATTES vz,/6� C. JAY OLES, UTY CLERK DATE APPROVED City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 5 Project File Number: Item Title: Future Meeting Topics Signing up prior to the start of the meeting is required. This time is rese►ved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. Bylaw, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. Meeting Notes: t0000e Hearing Date: 10/2/2018 Item Number: 5 Hearing Type: Public Forum Signature Name Discussion Topic Sign In Date/Time Cathy wright Owyhee high school 10/2/2018 17:40 Sue Darden Owyhee 10/2/2018 17:43 Otis Darden Owyhee 10/2/2018 17:43 Darren truchot West ada school 10/2/2018 17:50 Heather mcdonald Owyhee high 10/2/2018 17:56 Eric thies Owyhee high school 10/2/2018 17:56 Sherry Belknap Owyhee High School 10/2/2018 17:59 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 6 A Project File Number: Item Title: Approve Minutes Approve Minutes of August 28,, 2018 City Council and Meridian Development Corporation Special Joint Meeting Meeting Notes: � APPROVED I TEM SHEET C ouncil Agenda I tem - 5.A . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of August 28, 2018 City Council and M eridian D evelopment C orporation Special J oint M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes B ackup Material 9/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/27/2018 - 3:05 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 5 of 580 Meridian City Council - Meridian Development Corporation Joint Meeting August 28, 2018 Page 18 of 18 De Weerd: Well, thank you, Commissioner Mueller and Councilman Palmer. We have two great proposals and we are excited to move forward, but we are excited to continue to have conversations, because there is a lot of opportunity and both these projects were very exciting for downtown -- that we have been waiting for that vision and the reality to -- to happen. So, this is the beginning of conversations, just as it's the beginning of an exciting project for downtown. One of many we hope to come. So, thank you for your time and thank you for sharing a little bit more and helping us to get our arms around being a conservative community, listening to a district on top of a district and public debt and it started to get a little bit frightening and, yes, I -- I respect Councilman Palmer's statements and that I didn't have to make them for him. So, thank you all for coming here. It is the beginning of public comment that will -- that will happen and we will make sure to outline next steps and when -- when those comments are part of that process as Mr. Nary outlined. MDC any -- any comments? Council, anything further? If not I would entertain a motion to adjourn. Cavener: So moved. Milam: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: MDC, do you want to also make a similar motion? Bird: So moved. Basalone: Second. De Weerd: All those in favor. Be enthusiastic. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 4:55 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10, MAYOR.�� Y DE EERD LLv DATE APPROVED ATTEST. ( C. JAY COL , CITY C RK O J ..J J /ITER of the City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 6 B Project File Number: Item Title: Approve Minutes Approve Minutes of September 11, 2018 City Council Special Meeting Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.B . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of S eptember 11, 2018 C ity Council S pecial M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes B ackup Material 9/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 9/27/2018 - 3:59 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 24 of 580 Meridian City Council September 11, 2018 Page 2 of 5 Little Roberts: second Borton: It has been moved and seconded to continue Item 3 A to October 16, 2018. Borton: Mr. Clerk C.Jay Coles: Mr. President Roll call. X Anne Little Roberts X Joe Borton X Ty Palmer X Treg Bernt O Genesis Milam X Lucas Cavener O Mayor Tammy de Weerd Borton: No other items on the Agenda, I would entertain a motion to adjourn. Cavener: So moved Little Roberts: Second Borton: All those in Favor MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 6:11 p.m. (AUDIO RECORDIN-G-QNLELLF-OF THESE PROCEEDINGS) MAYORT YDE WEERD ATTEST: � C. JA r OLES, ITY CLERK DATE APPROVED Vtf,j ED A UGC> e sT z o CiCity of E IDIA Nom.. - IDAHO SEAL c'�2� JPv ��°�lhe TREPS��� City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 6 C Project File Number: Item Title: Approve Minutes Approve Minutes of September 18, 2018 City Council Regular Meeting Meeting Notes: [Sir APPROVED I TEM SHEET C ouncil Agenda I tem - 5.C. Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of S eptember 18, 2018 City Council Regular M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Cover Memo 9/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/27/2018 - 1:34 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 27 of 580 Meridian City Council September 18, 2018 Page 96 of 94 De Weerd: Okay. Item 10 is Future Meeting Topics. Anything under this item? If not, would entertain a motion to adjourn. Milam: Madam Mayor? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I know the hour is late, but I just want to say, again, welcome back. You were missed last week. We are, the full Council, city staff, sorry for your loss and it's nice to have you back. De Weerd: I would entertain a motion to close -- or to adjourn. And to close. Little Roberts: So moved. Cavener: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 11:26 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) V � MAYOR TtVI DE WEERD DATEAPPROVED ATTEST: C. JA COLES, &TY CLER 00p D AUG Q9S�. �O � E ILIA Nt-- IDAHO -4 x� SEAL44/ 'f the City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 6 D Project File Number: Item Title: Baraya Apartments Subdivision Sanitary Sewer and Water Main Easement Meeting Notes: 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.D. Presenter: Estimated Time f or P resentation: Title of I tem - B araya Apartments S ubdivision S anitary Sewer and Water M ain Easement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 9/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/27/2018 - 3:03 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 124 of 580 ADA COUNTY RECORDER Christopher D. Rich 2018-094118 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 10/04/2018 10:04 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subbdiv-sioon): � Sanitary Sewer & Water Main Easement Number; Identify this Easement by sequential number if Project contains more than one easement of this type. ( See Instructions for additional information), SANITARY SEWER AND WATER MAIN EASEMENT s C- U ,f THIS Easement Agreement, made this �d day of CA' er, 20J8 between k -— ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of 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 malting repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the Sanitary Sewer and Water Main Easernent REV, 03/26/2018 purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on (date) by uh jai- (name of individual), [coinplete the , following If signing in a l'epresentathVe cclpaclty, of Stl'lke the following if signing in an ll?clh7idual capciclty] on behalf of (e�s Civ((' LU, (name of entity on behalf of whole record was executed), in the following representative capacity: (type of authority such as officer or trustee) Notary Signature My Commission Expires: Sanitary Sewer and Water Maul Easement REV. 03/26/2018 GRANTEE: CITY OF MERIDIAN STATE OF IDAHO, ) ss. County of Ada ) E o A vG� 0010 City Of � w E IDIAN*..,. i �DAHO SEAL 2� ,P� e TRS 1. This record was acknowledged before me on - 2 • (date) by Tammy de weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY C0MNfK4%dN #67390 STATE OF IDAHO Notary Signature Lraqlc� MY COMMISSION EXPIRES 3/28/22 My Commission Expires: Sanitary Sewer and water Main Easement REV. 03/26/2018 Earn a 1 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 1 2 8 o f 5 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 1 2 9 o f 5 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 1 3 0 o f 5 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 1 3 1 o f 5 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 1 3 2 o f 5 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 1 3 3 o f 5 8 0 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 6 E Project File Number: Item Title: Blakeslee Commons Subdivision - Sanitary Sewer Easement Meeting Notes: 9 ApPROVED I TEM SHEET C ouncil Agenda I tem - 5.E . Presenter: Estimated Time f or P resentation: Title of I tem - B lakeslee Commons S ubdivision - S anitary Sewer E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 9/25/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/25/2018 - 3:18 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 134 of 580 ADA COUNTY RECORDER Christopher D. Rich 2018-094120 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/04/2018 10:05 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision): Blakeslee Commons 1 Sanitary Sewer Easement Number, 1 Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. ( See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this 2nd day ofIr2018_between Bungalows Meridian LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV. 03/26/18 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall. be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. xu WITNESS nEREOF, the said pal -ties of the first part have hereunto subscribed their signatures the day nd year first herein above written. GRANTOR: BUNGAIIOWS MERIDIAN LLC Ron Wals1Y, Managing Member STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on September 19, 2018 by Ron Walsh on behalf of Bungalows Meridian LLC, in the following representative capacity: authorized Managing Member. ® n Q A� awr l CA ; 0 Hi �� A W a w. P U 13 a-� � v 0-- _ajo N4ta Signature ommission Expires: Sanitary Sewer Easement REV. 03/26/18 GRANTEE: CITY OF MERIDIAN Tammy de W r , Mayor A est by C.Ja oles, City Clerk STATE OF IDAHO, ) ss. County of Ada ) Q09 ED A LGA 00F 0 s� CilY or E 4i!qi ,L SEA orthe T R E A�v� This record was acknowledged before me on 10 '2 • t B (date) by Taming de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLP4,)WAY COMNOTARYOPUBl�7390 IC STATE OF IDAHO MY COMMISSION EXPIRES 328122 rla'�Lym U, �� Notary Signature My Commission Expires: 3 'a8 • a O a a - Sanitary Sewer Easement REV. 03/26/18 ZbKeibllec- 5Mw Q,a.Mrrtenf # i M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 1 3 8 o f 5 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 1 3 9 o f 5 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 1 4 0 o f 5 8 0 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 6 F Project File Number: Item Title: Blakeslee Commons Subdivision - Sanitary Sewer Easement #2 Meeting Notes: u7 pPPROVrD I TEM SHEET C ouncil Agenda I tem - 5.F. Presenter: Estimated Time f or P resentation: Title of I tem - B lakeslee Commons S ubdivision - S anitary Sewer E asement #2 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 9/25/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/25/2018 - 3:20 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 141 of 580 ADA COUNTY RECORDER Christopher D. Rich 2018-094121 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/04/2018 10:05 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name (Subdivision): Blakeslee Commons 1 Sanitary Sewer Easement Number: 2 Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. ( See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this nd , day of !/2,018 between Bungalows Meridian LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV. 03/26/18 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any bind. P4- "WITNESSHEREOF, the said parties of the first part have hereunto subscribed their signatures the day 4d year first herein above written. RANTOR: BUNGALOWS MERIDIAN LLC Ron Walsh, Managing Member STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on September 19, 2018 by Ron Walsh on behalf of Bungalows Meridian LLC, in the following representative capacity: authorized Managing Member. (stamp) VVy ry Signature Commission Expires: g Z Sanitary Sewer Easement REV. 03/26/18 GRANTEE: CITY OF MERIDIAN V. Tammy de e • , Mayor f Atter by CJ a les, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) QDjkATED q(JGI� GOA `S'T itY of �. C�f w= fE PIA D A .. SEAL Z�F JQ�v �orthe T RE Asv�� This record was acknowledged before me on 10 "2 ' 6 9 (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City CIerk, respectively. CHARL�)WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 Sanitary Sewer Easement �1gKeslt-� Commons gewer. Ca.o.2.rna2} �'2 Notary Signature My Commission Expires: REV. 03/26/18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 1 4 5 o f 5 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 1 4 6 o f 5 8 0 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 6 G Project File Number: Item Title: Blakeslee Commons Subdivision - Water Main Easement Meeting Notes: Y APpR0VFHww1w I TEM SHEET C ouncil Agenda I tem - 5.G. Presenter: Estimated Time f or P resentation: Title of I tem - B lakeslee Commons S ubdivision - Water M ain Easement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 9/25/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/25/2018 - 3:21 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 147 of 580 ProiectName (Subdivision); Blakeslee Commons 1 Water Main Easement Number; 1 Identify this Easement by sequential number if Project contains more than one Water Main easement. ( See Instructions for additional information). ADA COUNTY RECORDER Christopher D. Rich 2018-094119 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/04/2018 10:05 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS Easement Agreement, made this 2 day of b&) ey2018 between Bungalows Meridian LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 03 26 18 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any hind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their si ay and year first herein above written. OR: BUNGALOWS MERIDIAN LLC Ron Walsh, Managing tuber STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on September 19, 2018 by Ron Walsh on behalf of Bungalows Meridian LLC, in the following representative capacity: authorized Managing Member. D. � �Y*��000o00o� 0 +4'> `� 4 p 40 f' C,�► so e Vo ry Signature Commission Expires: g1Zf11q Water Main Easement Version 03 26 18 GRANTEE: CITY OF MERIDIAN J Tammy de Uer,Mayor Attst by C.Jay(doles, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) bjk ,T D A VG�S (i C�WCity of w IE IDIAN&.. 1DAHO SEAL Qv �rthe TREE This record was acknowledged before me on • 2,• I A (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLEN& aIVAY COMMISSION 067390 Notary Signature NOTARY PUBLIC My Commission Expires: 3 ' a $ a o a a, STATE OF IDAHO MY COMMISSION EXPIRES 328J22 Water Main Easement Version 03 26 18 ?jnKe5j-ea WaAeo- rr-p.i.n M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 1 5 1 o f 5 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 1 5 2 o f 5 8 0 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 6 H Project File Number: H-2018-0074 Findings of Fact, Conclusions of Law for Whitecliffe Estates Subdivision (H-2018- 0074) by 4345 Linder Road, LLC, Located at 943 W. McMillan Road Meeting Notes: �i APPROV oil I TEM SHEET C ouncil Agenda I tem - 5.H. Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusion of L aw for Whitecliffe E states S ubdivision (H- 2018-0074) by 4345 L inder Road, L L C , L ocated at 943 W. M cM illan Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 9/27/2018 E xhibit A E xhibit 9/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/27/2018 - 2:58 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 153 of 580 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). [H-2018-0074] - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for annexation and zoning (AZ) of 40.6 acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of 128 building lots and 10 common lots on 40.6 acres of land, by 4345 Linder Road, LLC. Case No(s). H-2018-0074 For the City Council Hearing Date of: September 18, 2018 (Findings on October 2, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 18, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 18, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 18, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 18, 2018, 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. Meridian City Council Meeting Agenda October 2, 2018 – Page 154 of 580 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). [H-2018-0074] - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 18, 2018, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation and zoning and for a preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 18, 2018, 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. A modification to the development agreement may be initiated prior to signature of the Meridian City Council Meeting Agenda October 2, 2018 – Page 155 of 580 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). [H-2018-0074] - 3 - 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 September 18, 2018 Meridian City Council Meeting Agenda October 2, 2018 – Page 156 of 580 By action of the City Council at its regular meeting held on the 2-na day of 2018. COUNCIL PRESIDENT JOE BORTON VOTED \ COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED Yel'1 COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED � (TIE BREAKER) oe- Mayor Ta my d eerd O��Gvsr Attest: IED AU Q , 0 o (lily Of w E IDAHO C.J = oles City Clerk �� SEAL R °f the TR,Ep,S Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: b/-� City Clerk's Office Dated: l C) 'c;L � 12.) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &ORDER FILE NO(S). [H-2018-0074] - 4 - winl��l-� EXHIBIT A 1 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 STAFF REPORT Hearing Date: September 18, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Whitecliffe Estates Subdivision – H-2018-0074 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, 4345 Linder Road, LLC, has submitted an application for annexation and zoning (AZ) of 40.6 acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of 128 building lots and 10 common lots on 40.6 acres of land for Whitecliffe Estates Subdivision. 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 August 16, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Becky McKay ii. In opposition: Jody McMillan iii. Commenting: Jody McMillan iv. Written testimony: Richard Kepler v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. How this development will contribute to the overcrowding of the area schools. c. Key Issues of Discussion by Commission: i. Whether the direct access to McMillan should remain as part of the project. ii. The appropriateness of connecting a pedestrian pathway to the common lot located in the subdivision to the west. d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1A(1) to read as follows: Prior to the City Council hearing, the applicant shall coordinate with the adjacent HOA to see if they are amenable to having a pathway connection to their common lot.” ii. Remove 1.1.1A(2) iii. Remove 1.1.3A iv. Remove 1.1.3F v. Modify condition 1.2.1 to read as follows: Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. e. Outstanding Issue(s) for City Council: i. The applicant is requesting direct access to McMillan Road which is considered an arterial road. Council approval is required to obtain access. Meridian City Council Meeting Agenda October 2, 2018 – Page 158 of 580 EXHIBIT A 2 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 The Meridian City Council heard this item on September 18, 2018. At the public hearing, the Council approved the subject PP and AZ requests. a. Summary of City Council Public Hearing: i. In favor: Becky McKay, Denis LaFever ii. In opposition: Cynthia Dorazio iii. Commenting: Cynthia Dorazio, Denise LaFever iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concerns about the pathway to the subdivision to the west that is being required by staff. c. Key Issues of Discussion by Council: i. Whether the HOA for the adjacent subdivision was contacted or if their management company was contacted instead. 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 approve File Number H-2018- 0074, as presented in the staff report for the hearing date of September 18, 2018, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0074, as presented during the hearing on September 18, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0074 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 943 W. McMillan Road in the NW¼ of Section 36, Township 4N., Range 1W. B. Owners: Brinegar Investments, LLLP P. O. Box 7156 Boise, ID 83707-1156 C. Applicant: 4345 Linder Road, LLC 13967 W. Wainright Drive, Suite 102 Boise, ID 83713 D. Representative: Engineering Solutions, LLP 1029 N Rosario Street, Suite 100 Boise, ID 83642 Meridian City Council Meeting Agenda October 2, 2018 – Page 159 of 580 EXHIBIT A 3 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 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. B. Newspaper notification published on: July 27, 2018 (Commission); August 31, 2018 (Council) C. Radius notices mailed to properties within 300 feet on: July 20, 2018 (Commission); August 31, 2018 (Council) D. Applicant posted notice on site(s) on: August 6, 2018 (Commission); September 7, 2018 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of agricultural property zoned RUT in Ada County. There is a residence on the property and associated structures that will be removed as part of this project. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: W. McMillan Road and Single-family residential properties in Paramount Subdivision, zoned R-4. 2. East: Single-family residential properties in Cedar Springs Subdivision, zoned R-4; and undeveloped office lots, zoned L-O. 3. South: Single-family residential properties in Baldwin Park Subdivision, zoned R-4. 4. West: Single-family residential properties in Cobblefield Crossing Subdivision, zoned R-4. C. History of Previous Actions: None D. Utilities: 1. Location of sewer: Sewer is available to this property from existing sewer mainline stubs installed in adjacent developments. 2. Location of water: Water is available to this property from existing water mainline stubs installed in adjacent developments. 3. Issues or concerns: None. E. Physical Features: 1. Canals/Ditches Irrigation: The Lemp Canal traverses the north boundary of the site. The applicant is requesting that the canal be left open in accord with UDC 11-3A-6B. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Medium Density Residential” and “Office” on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre. Meridian City Council Meeting Agenda October 2, 2018 – Page 160 of 580 EXHIBIT A 4 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 The most dominant land use designation on the property is medium-density residential, and the FLUM Comprehensive Plan designations are not parcel specific. In this case because there is an undeveloped office park on the east boundary, staff is of the opinion that additional office designated area is not necessary, nor is the applicant proposing to add more office as part of this project. The proposed preliminary plat includes 128 single-family lots on 40.6 acres for a total gross density of 3.15 dwelling units/acre and the net density is 4.03 dwelling units/acre which are both consistent with the MDR land use designation. 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 dwellings will contribute to the variety of housing types available within the City. “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 4.78 acres (or 10.05%) of qualified open space in accord with the requirements listed in UDC 11-3G-3. “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) As part of the proposed project, the applicant is proposing to extend 4 stub streets, one from the Cedar Springs Subdivision to the east, one from the Baldwin Park Subdivision to the south and two from the Cobblefield Crossing subdivision to the west. “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 medium density homes and similar lot sizes exist to the north, south, east and west. The overall density for the project falls within the parameters of the MDR land use designation and the surrounding residential developments. “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 attached internal sidewalks and a 5-foot detached sidewalk along W. McMillan Road. The proposed sidewalks will connect to existing sidewalks to the north, south, east and west. “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 W. McMillan Road. Staff is of the opinion that direct access to W. McMillan Road is not warranted in this instance due to the ample access though the four (4) stub streets. Meridian City Council Meeting Agenda October 2, 2018 – Page 161 of 580 EXHIBIT A 5 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 The proposed access to W. McMillan is predicated on Council’s approval. “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 W. McMillan Road in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for fencing in compliance with the standards listed in UDC 11-3A. “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) The applicant is proposing to construct the entire frontage of W. McMillan Road with the first phase of development. “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) In order to link subdivisions together, staff is of the opinion that a micropath lot should be included in the plat to connect to the Cobblefield Crossing Subdivision to the west. The micropath lot should be located between Lots 5 and 6 of Block6 and the applicant shall coordinate witht that HOA in order to link the pathways together. 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 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single- family attached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-5 and UDC 11-3B-7C for the R-4 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. Meridian City Council Meeting Agenda October 2, 2018 – Page 162 of 580 EXHIBIT A 6 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 40.6 acres of land with an R-4 zoning district. 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 128 new single-family residential detached homes on 40.6 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 The proposed plat consists of 128 building lots and 10 common lots on 40.6 acres of land in a proposed R-4 zoning district (see Exhibit A.2). The property is proposed to develop in 3 phases, (see Exhibit A.2). The gross density for the subdivision is 3.15 d.u./acre. The minimum lot size is 8,000 square feet, with an average of 9,178 square feet. The applicant shall provide a revised plat that graphically depicts the 50-foot Lemp Canal easement and the 60-foot Idaho Power easement. 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. Staff has reviewed the proposed plat and with the exception of Lot 10, Block 1 which doesn’t meet the minimum lot size for the R-8 zoning district, has found it to be in compliance with those standards. Existing Structures: There is an existing residence and associated structures that the applicant is proposing to remove from the property as part of this project .The applicant shall remove the structures prior to approval of the first final plat. 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 has concerns with the block length along the north side of Loretta Street. That block face measures approximately 1,000 feet and code allows this length if a pedestrian pathway is provided as it is in this case. Although the proposal meets the requirements of the UDC, staff has concerns with the long, straight roadway and believes that the applicant should incorporate traffic calming measures into the road design. Access: The applicant is requesting an exemption from Council to allow for direct access to W. McMillan Road. The applicant is also proposing to provide access from the extension of four (4) other stub streets to the surrounding subdivisions. Staff is not in support of the direct access to W. McMillan Road because of the ample access to the site from the four (4) existing stub streets. Streets: The applicant is proposing public roads throughout the development. The public roads are a 33 foot road section with rolled curbs within a proposed 50 foot right-of-way. Meridian City Council Meeting Agenda October 2, 2018 – Page 163 of 580 EXHIBIT A 7 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct attached sidewalks throughout the development, and a detached sidewalk along W. McMillan Road in accord with UDC standards. Common Driveways: Two common driveways are proposed in the development and are required to be constructed in accord with the standards listed in UDC 11-6C-3D. 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. 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. 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 W. McMillan 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 W. McMillan 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. The section of the common lot adjacent to McMillan Road is approximately 60-feet wide due to the 50-foot wide Lemp Canal and the 60-foot wide Idaho Power easements. On the submitted landscape plan, the applicant is proposing to install a 25-foot wide landscape buffer with the required trees. Since the required trees will be in close proximity to the overhead power lines, UDC 11-3B-5J requires the installation of class 1 trees only. Prior to the Planning and Zoning Commission meeting, the application must submit a revised landscape plan that shows the class 1 trees only. Along W. McMillan Road, the applicant shall provide a 10 foot compacted gravel shoulder from the edge of pavement and shall landscape the remainder with lawn or vegetative ground cover in accord with UDC 11-3B-7C. Landscaping within the common areas is required in accord with the standards listed in UDC 11- 3G-3E. Micropath(s): In order to link subdivisions together, staff is of the opinion that a micropath lot should be included in the plat to connect to the Cobblefield Crossing Subdivision to the west. The micropath lot should be located between Lots 5 and 6 of Block 6 and the applicant shall coordinate with Cobblefield Crossing HOA in order to link the pathways together. Ditches, Laterals, and Canals: The Lemp Canal transverses the north property. Per UDC 11- 3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. The applicant is seeking a waiver from Council to allow the Lemp Canal to remain un- tiled due to the size of the facility as allowed under UDC 11-3A-6A3b. The Lemp Canal crosses a large number of parcels on the south side of W. McMillan Road. This is the last piece on the south side of McMillan to develop and it is unclear whether the Settlers Irrigation District will require a 20 foot wide access drive on the south side of the Lemp Canal. The applicant has not indicated an access road on their landscape plan, nor have they included comments in their narrative. The Settlers Irrigation District has not submitted comments on this application, so staff is unsure if an access road will be required. If an access road is required, it will greatly impact the site design. Prior to the Planning and Meridian City Council Meeting Agenda October 2, 2018 – Page 164 of 580 EXHIBIT A 8 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 Zoning Commission, the applicant shall obtain some indication from the Settlers Irrigation District on their plans for an access road along the Lemp Canal. 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. 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 (40.6 acres), a minimum of 4.06 acres of qualified open space is required to be provided as set forth in UDC 11-3A-3B. A total of 4.78 acres (or 10.05%) of qualified open space is proposed consisting of ½ the street buffer along W. McMillan Road, and internal common open space areas which appear to comply with this requirement. 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 (40.6 acres), staff requires a minimum of 2 qualified site amenities be provided. The applicant proposes to provide a children’s play structure, internal pathways and a shuffleboard court as amenities for the subdivision. As proposed the amenities 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. 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 as proposed in accord with UDC 11-3A-15. 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 11-3B-11. Open Water Ponds: As proposed the pond meets the requirement s of an amenity as set forth in UDC 11-3G-3 as it is under the 25% threshold will have recirculated water as it is for irrigation water. The applicant shall provide details of the pond with submission of the final plat application. 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 stucco and stone with architectural shingles. 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 3-10 of Block 2, and Lots 3-11 of Block 1), shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single- story structures are exempt from this requirement. Meridian City Council Meeting Agenda October 2, 2018 – Page 165 of 580 EXHIBIT A 9 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 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. Prior to the Planning and Zoning Commission hearing, the applicant shall revise the plat in the following ways: The applicant shall add a micropath between Lots 5 and 6 of Block 6 and shall work with the Coblefield Crossing HOA to connect the pathways. The applicant shall replace the proposed road access to W. McMillan Road with a pedestrian connection that meets the requirements of UDC 11-3A-8 and UDC 11-3B-12. The applicant shall incorporate traffic calming in the design of W. Loretta Street. Lot 10 of Block 1 shall be a minimum of 8,000 square feet in accord with UDC 11-2A-5. 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. Meridian City Council Meeting Agenda October 2, 2018 – Page 166 of 580 EXHIBIT A 10 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat and phasing plan (dated: 5/23/2018) 3. Proposed Landscape Plan (dated: 8/13/2018) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda October 2, 2018 – Page 167 of 580 EXHIBIT A 9 | P a g e East Ridge Estates Subdivision – H-2016-0137 A. Drawings 1. Vicinity Map Meridian City Council Meeting Agenda October 2, 2018 – Page 168 of 580 EXHIBIT A 10 | P a g e East Ridge Estates Subdivision – H-2016-0137 2. Proposed Preliminary Plat (dated: 5/23/2018) Meridian City Council Meeting Agenda October 2, 2018 – Page 169 of 580 EXHIBIT A 11 | P a g e East Ridge Estates Subdivision – H-2016-0137 3. Proposed Landscape Plan (dated; 8/13/2018) Meridian City Council Meeting Agenda October 2, 2018 – Page 170 of 580 EXHIBIT A 12 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 4. Conceptual Building Elevations Meridian City Council Meeting Agenda October 2, 2018 – Page 171 of 580 EXHIBIT A 13 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 Meridian City Council Meeting Agenda October 2, 2018 – Page 172 of 580 EXHIBIT A 14 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 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. 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. b. 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 3-10 of Block 2, and Lots 3-11 of Block 1), shall incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single- story structures are exempt from this requirement. c. The site shall develop with a minimum of 10.05% open space (4.78 acres) and shall include the following amenities: a children’s play structure, an internal pathway system and a shuffle board court. d. Lot 1, Block 3 with its associated amenities shall be constructed with the first phase of the development. e. The 5-foot detached sidewalk and 25 foot landscape buffer along W. McMillan Road shall be constructed with the first phase of development. f. The applicant shall remove the existing home prior to approval of the first final plat. 1.1.2 The preliminary plat included in Exhibit A.2, dated 5/23/2018, shall be revised as follows: a. All properties that abut a common driveway shall take access from the driveway; however, if an abutting property has the required minimum street frontage, that property is not required to take access from the common driveway. In this situation, the abutting property's driveway shall be on the opposite side of the shared property line; away from the common driveway. Solid fencing adjacent to common driveways shall be prohibited, unless separated by a minimum five foot (5') wide landscaped buffer. Lots 9 and 10, Block 2 shall take access from common driveway as proposed. Since Lot 12 and Lot 8 Block 1 do not take access from the common drive, the lots are required to comply with UDC 11-6C-2(D). Lots 3 and 5, Block 10 shall take access from common driveway as proposed. Since Lot 2 and Lot 6 Block 10 do not take access from the common drive, the lots are required to comply with UDC 11-6C-2(D). b. An exhibit depicting the setbacks, building envelope and orientation of lots and structures shall be submitted a future final plat application. Include note on the final plat that addresses Meridian City Council Meeting Agenda October 2, 2018 – Page 173 of 580 EXHIBIT A 15 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 access across the lots and the responsible party for maintenance of the common driveway and 5-foot wide landscape buffer. c. Prior to the Planning and Zoning Commission, the applicant shall provide a revised plat and landscape plan that depicts the required 50-foot wide Lemp Canal easement and the 60-foot wide Idaho Power easement. d. As shown on the plat, Lot 10, Block 1 does not meet the minimum lot size requirements of UDC 11-2A-5. Prior to the Planning and Zoning Commission, the applicant shall revise the plat and landscape plan to comply with the UDC. 1.1.3 The landscape plan included in Exhibit A.3, dated 5/14/2018, shall be revised as follows: a. 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. b. Along W. McMillan Road, the applicant shall provide a 10 foot compacted gravel shoulder from the edge of pavement and shall landscape the remainder of the right-of-way with lawn or vegetative ground cover in accord with UDC 11-3B-7C. c. The applicant shall provide details of the proposed pond with submission of the final plat application. 1.1.4 The applicant shall comply with all condition of the Ada County Highway District. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 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. Meridian City Council Meeting Agenda October 2, 2018 – Page 174 of 580 EXHIBIT A 16 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 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. 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 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 This development coincides with the 1/2 mile grid, which would normally require 12-inch water main, however upsizing of water main at this location is not required. 2.1.3 The southern most storm water seepage bed located in Lot 10, Block 5 shall be relocated to the east to avoid crossing the proposed sewer mainline crossing this lot. 2.2 General Conditions of Approval Meridian City Council Meeting Agenda October 2, 2018 – Page 175 of 580 EXHIBIT A 17 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 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. Meridian City Council Meeting Agenda October 2, 2018 – Page 176 of 580 EXHIBIT A 18 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 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 887-2211. Meridian City Council Meeting Agenda October 2, 2018 – Page 177 of 580 EXHIBIT A 19 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 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 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.4 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. 4.5 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. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 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. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comment on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Improve McMillan Road with additional pavement widening to total 17-feet of pavement from centerline plus a 3-foot wide gravel shoulder abutting the site. 7.1.2 Construct a westbound left-turn lane on McMillan Road at the Buckstone/McMillan intersection. Meridian City Council Meeting Agenda October 2, 2018 – Page 178 of 580 EXHIBIT A 20 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 7.1.3 Construct a 5-foot wide concrete sidewalk on the south side of the canal along McMillan Road abutting the site and tie into existing improvements west and east of the site. 7.1.4 Provide a permanent right-of-way easement to 2-feet behind back of sidewalk for any public sidewalk placed outside of the dedicated right-of-way. 7.1.5 Close the existing residential driveway on McMillan Road, located 496-feet west of the east property line with 5-foot wide concrete sidewalk. 7.1.6 Continue the four stub streets into the site and construct the internal streets as 33-foot street sections with curb, gutter, and attached 5-foot wide sidewalk within 47-feet of right-of-way. 7.1.7 Redesign the Bird Wing Drive onto Buckstone Avenue intersection to meet District policy. 7.1.8 Construct a new local street, Buckstone Avenue onto McMillan Road, located 710-feet west of Fox Run Way and 640-feet from the east property line from the site. 7.1.9 Construct the internal local streets with minimum 125-foot offset. 7.1.10 Provide traffic calming on McKinley Park Avenue, Loretta Street, and Bryce Canyon Avenue. 7.1.11 Submit the bridge plans for the crossing of the Lemp Canal (Buckstone Avenue) for review and approval prior to the pre-construction meeting and final plat approval. 7.1.12 McMillan Road is classified as a minor arterial roadway; direct lot access is prohibited to this roadway and should be noted on the final plat. 7.1.13 Payment of impact fees is due prior to issuance of a building permit. 7.1.14 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. 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. Meridian City Council Meeting Agenda October 2, 2018 – Page 179 of 580 EXHIBIT A 21 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 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. Meridian City Council Meeting Agenda October 2, 2018 – Page 180 of 580 EXHIBIT A 22 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 C. Legal Description & Exhibit Map for Annexation Boundary Meridian City Council Meeting Agenda October 2, 2018 – Page 181 of 580 EXHIBIT A 23 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 Meridian City Council Meeting Agenda October 2, 2018 – Page 182 of 580 EXHIBIT A 24 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 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 40.6 acre property with an R-4 zoning district and develop 128 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 zoning district 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 an R-4 zoning district is in the best interest of the City if the applicant revises the plat per staff’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. Meridian City Council Meeting Agenda October 2, 2018 – Page 183 of 580 EXHIBIT A 25 | P a g e Whitecliffe Estates Subdivision – H-2018-0074 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. Meridian City Council Meeting Agenda October 2, 2018 – Page 184 of 580 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 61 Project File Number: Addendum No. 16 to Agreement for City Prosecution/Criminal Legal Services dated November 1, 2002 Meeting Notes: si APpROVED I TEM SHEET C ouncil Agenda I tem - 5.I . Presenter: C.J ay C oles Estimated Time f or P resentation: 1 minute Title of I tem - Addendum No. 16 to Agreement for City P rosecution/Criminal L egal S ervices dated November 1, 2002. P rosec utio n S ervic es Agreement with Bo is e C ity F Y 19 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P rosecution A greement - F Y 19 A greements / C ontracts 9/26/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.Watts, K eith Approved 9/28/2018 - 3:49 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 185 of 580 EXHIBIT A ADDENDUM NO. 16 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1, 2002 THIS ADDENDUM No. 16 is entered into the 25th day of September 2018, by and between the City of Meridian (hereinafter "Meridian") and the City of Boise (hereinafter "Boise") for the purpose of amending and extending the Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002. WHEREAS, on November 1, 2002, Meridian and Boise entered into an Agreement for Boise to provide certain prosecutorial services to Meridian; and WHEREAS, the Agreement was extended and modified by Addendums approved in 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018; and WHEREAS, Meridian and Boise desire to modify certain terms of the Agreement related to the amount of payment; and WHEREAS, Meridian and Boise desire to extend the Agreement as modified for an additional one (1) year term. NOW THEREFORE, in consideration of the foregoing, Meridian and Boise agree to amend that certain Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002, as follows: 1. That Section 4 of the Agreement is hereby modified to read as follows: 4. PAYMENT FOR SERVICES. Meridian agrees to pay Boise for the services rendered pursuant to the terms of this Agreement as follows: 4.1 As compensation for all Primary Legal Services, including out-of-pocket expenses incurred by Boise in performing the Primary Legal Services, Meridian shall pay Boise the total sum of thirty-five thousand nine hundred seventy dollars and 59/100ths ($35,970.59) per month, for an annual total cost of four hundred thirty-one thousand six hundred forty-seven dollars and 4/100ths ($431,647.04). 4.1.1 Payment of Primary Legal Services shall be paid by Meridian to Boise on or before the 201 day of the following month. 4.1.2 Boise shall provide Meridian with a monthly itemized invoice of all legal services performed at the request of Meridian beyond the Primary Legal Services (including all out-of-pocket ex- penses). Provided the invoice is received by the 5' of the month, Meridian shall remit payment to Boise by the first business day of the following month. 2. That Section 9 of the Agreement is hereby modified to read as follows: POSSIBLE EXTENSION OF TERM OF AGREEMENT: The parties mutually agree to renew or extend the term of this Agreement, as provided in the Contract Extension FY — 2019, attached hereto as Exhibit B. Meridian Addendum No. 16 Page 1 3. Except as modified by this Addendum No. 16, the original Agreement for the City Prosecutor/Criminal Legal Services between the City of Meridian and the City of Boise dated November 1, 2002, which incorporates Addendums Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall remain in full force and effect. IT IS SO AGREED. nd IN WITNESS WHEREOF, the parties have executed this Addendum No. 16 on this 2 day of 2018. CITY OF MERIDIAN BY: / Mayor Tae eerd D AUGUST > CITY OF BOISE �o �o �w Oty of E ID IAN -�- IDAHO SEAL v FR 0f the TJ: P BY: 5/18 ka-yoi(6avid B' er Meridian Addendum No. 16 Page 2 ATTEST: Y: 1 C ay Coles, Cit Clerk ATTEST: BY: � 5/18 Ly, d Lowry, Ex -Officio City Clerk City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 6 J Project File Number: Sole Source Approval Analytical Laboratories For Microbiological Sampling Meeting Notes: u� APP�Q� I TEM SHEET C ouncil Agenda I tem - 5.J . Presenter: Estimated Time f or P resentation: Title of I tem - Sole S ource Approval: Analytical L aboratories for M icrobiological S ampling Approval of S o le S ource P urc has e for Mic ro b io lo gic al S ampling b y Analytical Laborato ries . Microbiological s amp ling requires 24 ho ur turnaround time and d o no t allo w for extended s amp le ho ld times that wo uld b e necessary to s hip s amp les to a no-loc al laborato ry. Analytic al Lab o ratories is within 15 minutes o f the C ity of Meridian and fulfills the reporting and ho ld time requirements fo r this p artic ular s ample typ e. T he No t-to -Exc eed amo unt fo r fis c al year 2019 is $20,000. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S ole Source Approval: Analytical L aboratories Cover Memo 9/26/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.Coles, C.J ay Approved 9/26/2018 - 5:50 P M F inance.B aird, Ted Approved 9/26/2018 - 6:11 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 188 of 580 Page 1 Memo To: C.Jay Coles, City Clerk From: Karen, Wooddell, Accountant CC: Josh Gabel; Keith Watts Date: 09/26/2018 Re: October 2nd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 2nd City Council Consent Agenda for Council’s consideration. Approval of Sole Source Purchase for Microbiological Sampling by Analytical Laboratories. Microbiological sampling requires 24 hour turnaround time and do not allow for extended sample hold times that would be necessary to ship samples to a no-local laboratory. Analytical Laboratories is within 15 minutes of the City of Meridian and fulfills the reporting and hold time requirements for this particular sample type. The Not-to-Exceed amount for fiscal year 2019 is $20,000. Recommended Council Action: Approval of advertisement for Sole Source Purchase in the local paper 14 days prior to purchase and authorize the Purchasing Department to issue a purchase order for the Water Department’s Microbiological Sampling at the conclusion of the notification period if no objection is received. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda October 2, 2018 – Page 189 of 580 CITY OF MERIDIAN SOLE SOURCE FORM Date: 9/2412018 Item or Service: Microbiological Sampling PURCHASING AGENT 33 East Broadway Avenue Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 Sole Source: Item is available from only one vendor. Item is one -of -a kind item and is not sold through distributors. Manufacturer is a sole distributor. Refer to instructions on 2nd page for completion. JUSTIFICATION: (Attach additional pages if needed) Microbiolocial sampling requires 24 hour turn around time and does not allow for extended sample hold times that would be necessary to ship the samples to an outside laboratory. Analytical Labs of Boise is within 15 minutes of the City of Meridian and fulfills the reporting and hold time requirements for this particular sample type. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for justification for sole sourcelsole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. 1 hereby certify as to the validity of the information and feel confident that this justification for sale source/sole brand meets the City's criteria and is accurate. Requestor_(P_rint_N;qme) Department N ringer Signature Council Approval I � Date: Purchasing Approval: Purchasing Manager 4i 70 •o .O Z c id E C 00 t� ..0 W L4 OD C a ti o i z m 2 0 u C3 z W U F - z LU 2 W d Z Q 2 W Q U z Q c z Lli CD D CO .1 ❑ <.-- m 4 d C o wU_ Cq N ,V) 0 f6 UL w E W CD W J f? LL C) O (13 (Y) 0 -� Cf) O t� M L JMCO - F-0 ` , C) o � H C:) C O Q T W ' - Wcj� 0 L D W :n > c C c.: r C cU iv a � co V� N 03 v C� cj C N m a. t v t= fuC ca C o 0 a� W ? a � N O fu i3 Y' C9 L c7. v m Z W R Q CD O u o � a Q W ' - CN m a Co o o o = • o �/ � V / Chi O O C) o o N 0 W D �tn�b9-V>619Y?� U> D Cf LU • -S -- • o O .+ o C -- to LI) v Q O ti w Cl cr A T-` S a� n tI L G � O CD o � • M tin n n � G� C1 '� w n u c A Gt 0 G j LL .0 Q 2 u c O v CD • O G C < .i p Q or Q a Z � ,,� � 0 0) a� c Q LL c• Z cv o� �,. C O E 0 Cl) y c 1 C UCY ` C Q L.. J O O • Cl ° C o CD U w O c i- Qz ° = a Cu CL u" � � • ro v, CL w y � � tJ1 x- � O C U) cu f�,�y �C`Jt -ro o 0 Crl --A C W ._ od a n (d o m r v+ }- A w to n m O CT z 0 M ' • v 0t w O } V, o ._ a Gt > _ ci 0 c� 'L Q v CL Lrlr-I CD x S "D E �` o c Cl) :2 Q r_ c' H ch W L11 Q tA- ` `� C m in Q ,,..� kA Q fuo= `- v v 0 CL Q U tl _ v Z W ►- e o �0) d co C (� _N Q LU1ui � ul -, pcr 0. --7 a- W Li r- city of ltelidi.n Statement of Revenues and Expenditures - Statement Rev and Exp Karen 3{30 - wace! - Production 60 - Entelprila Eund Fron 10/1/2018 Through 9/30/2019 OPERATING COSTS Water Testing TOIA] OPERATING COSTS DEPT EXPENOITURES Budget uith Budqet 125,231 .44 125,23',1 .44 0.00 0.00 125,237.04 125,231.L4 55700 TOTAL EXPENDITURES Q421125,0. q! 1?5,211 .q4 .04125,231 .04 250.00 Dare: 9/25l13 02i!2:13 PH Meridian City Council Meeting Agenda October 2, 2018 – Page 192 of 580 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 6 K Project File Number: Professional Services Agreements for Photography Services and Photography Purchasing Agreement to Document Historic Properties Not -to -Exceed $2,000 each 1. Gregory Browning 2. Jason Murphy Meeting Notes: M APPROVF0EMW I TEM SHEET C ouncil Agenda I tem - 5.K . Presenter: Hillary Blackstone Estimated Time f or P resentation: 0 Title of I tem - Professional S ervices Agreements for P hotography S ervices and Photograph Purchasing Agreement to Document Historic P roperties Not-to-Exceed $2,000 each T he Meridian Historic P reservation C ommission would like to contract with these two artists to take professional photos of properties throughout Meridian that are either threatened by development or that are a great example of historic preservation/legacy. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P S A - Murphy A greements / C ontracts 9/27/2018 P S A - Browning A greements / C ontracts 9/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.B aird, Ted Approved 9/27/2018 - 11:56 A M Clerk.Watts, K eith Approved 9/28/2018 - 3:49 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 193 of 580 PROFESSIONAL SERVICES AGREEMENT FOR PHOTOGRAPHY SERVICES AND PHOTOGRAPH PURCHASING AGREEMENT This PROFESSIONAL SERVICES AGREEMENT FOR PHOTOGRAPHY SERVICES � rdAND PHOTOGRAPH PURCHASING AGREEMENT («Agreement») is entered Into this day of , 2018, by and between the City of Meridian, Idaho, whose address is 33 E. Idaho, Meridian, Idaho ("City"), and Jason Murphy ("Contractor") (collectively, "Parties"). WHEREAS, City, by and through the Meridian Historic Preservation Commission ("HPC"), seeks professional photography services and photographs to be used for various applications, including, but not limited to, advertising, marketing, education, promotion, and public information; WHEREAS, Contractor is qualified to provide the photography services desired by City, and is willing to deliver such photographs to HPC for these enumerated and other uses, whether known or unknown; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereto do mutually agree as follows: 1. Scope of services. Contractor shall take photographs of historic properties in Meridian, Idaho, as requested, and provide a high-resolution jpg file, suitable for reproduction for all purposes, of each photograph taken. Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable laws and regulations. Contractor represents and warrants that he will perform all work under this Agreement in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. 2. Payment. City will pay Contractor for services rendered and deliverables provided pursuant to this Agreement not -to -exceed two thousand dollars ($2,000.00). i. Method of payment. Vendor shall provide City with a quote and invoice for services and/or materials provided, pursuant to response from contractor set forth uz Exhibit A, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Vendor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Vendor. 3. Term. Contractor shall provide to City all services and deliverables from the date of this Agreement until September 30, 2019. The contract term maybe renewed in one (1) year increments after that date for up to five (5) years or until September 30, 2023. PROFESSIONAL SERVICES AGREEMENT FOR PHOTOGRAPHY SERVICES AND PHOTOGRAPH PURCHASING AGREEMENT PAGE 1 PROFESSIONAL SERVICES AGREEMENT FOR PHOTOGRAPHY SERVICES AND PHOTOGRAPH PURCHASING AGREEMENT PAGE 2 4. Time of the essence. The Contractor acknowledges that services provided under this Agreement will 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. 5. Copyright. The copyright for all photographs taken and provided pursuant to this Agreement shall be owned by City. The Contractor shall reserve no right to reproduce the photographs in any manner or for any purpose, though the Contractor may request such right from City, which right City shall not unreasonably withhold. Any such right shall be conveyed in writing, and if not in writing shall not be considered duly or validly conveyed. City may use partial or complete images of such photographs for promotional or other public use without further permission from Contractor. While Contractor shall make no claim to the copyright of the photographs, Contractor shall be identified as the creator of the photographs, where ever practicable, as to any reproduction of the photographs by City. 6. Private Use. Vendor shall be responsible to add a watermark of the City of Meridian logo, as provided by the City, to use in any public display of the images (Facebook, Instagram, etc.). Any commercial use is prohibited without a separate license agreement from the City of Meridian. 7. Waiver and Relinquishment of Rights. Contractor hereby expressly waives any and all right, title, or interest in the photographs taken and provided pursuant to this Agreement. Contractor understands that said waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, performance and display. Contractor agrees to relinquish any and all rights, title, and interest to the photographs taken or provided in connection with this Agreement and hereby expressly waives any rights Contractor has to said photographs, including, but not limited to, any rights afforded under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. Sections 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. Section 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. 8. Relationship of Parties. It is the express intention of Parties that Contractor is an independent Contractor and 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 Contractor and City or between Contractor and any official, agent, or employee of City. Both parties acknowledge that Contractor is not an employee of City. Contractor shall retain the right to perform services for others during the term of this Agreement. Meridian City Council Meeting Agenda October 2, 2018 – Page 195 of 580 PROFESSIONAL SERVICES AGREEMENT FOR PHOTOGRAPHY SERVICES AND PHOTOGRAPH PURCHASING AGREEMENT PAGE 3 9. Notices. Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: If to City: If to Contractor: City of Meridian Commissions & Committees Specialist 33 E. Broadway Avenue Meridian, Idaho 83642 Jason Murphy Hill Photography Studio PO Box 219 340 North Avenue B Kuna, ID 83634 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Waiver and indemnification. Contractor waives 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 Contractor’s performance of this Agreement except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. Further, Contractor will indemnify, hold harmless, and defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Contractor’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of City or its officers, agents or employees. 11. Insurance Contractor’s responsibility. City shall not provide insurance to cover loss, theft, or damage of Contractor’s equipment or photographs, or to cover any activity undertaken by Contractor in the furtherance of Contractor’s rights or obligations described herein. Insurance of the photographs; of Contractor’s person, property, or interests; and/or of Contractor’s employees or agents shall be the sole responsibility of Contractor. Contractor shall obtain all necessary insurance as may be required in order to protect Contractor’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the photographs. Contractor shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the photographs prepared for City. 12. Discrimination prohibited. In performing services pursuant to this Agreement, Contractor shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 14. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either Meridian City Council Meeting Agenda October 2, 2018 – Page 196 of 580 PROFESSIONAL SERVICES AGREEMENT FOR PHOTOGRAPHY SERVICES AND PHOTOGRAPH PURCHASING AGREEMENT PAGE 4 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. 15. Non-waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 16. Assignment. Contractor may not sub-contract, assign, transfer, hypothecate or sell its rights including the right to compensation) or duties arising hereunder without the prior express written consent of City. Any subcontractor assignee will be bound by all the terms and conditions of this Agreement. 17. Heirs and assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives and references to Contractor and City shall include their respective heirs, successors, assigns, and personal representatives. 18. Termination. If City determines that Contractor has failed to comply with the terms and conditions of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms and provides a reasonable time to cure. If all defaults are not cured and corrected within a reasonable period as specified in the notice, City may, with no further notice, declare this Agreement to be terminated. Notwithstanding the above or any other provision of this Agreement, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Contractor. This provision shall survive the termination of this Agreement and shall not relieve Contractor of liability to City for damages. 19. Attorney's fees. In any action by City or Contractor for recovery of any sum due under this Agreement, or to enforce any of the terms, covenants, or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. 20. Governing law. This Agreement shall be governed by the laws of the State of Idaho. 21. 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 this day of __________________________, 2018. Meridian City Council Meeting Agenda October 2, 2018 – Page 197 of 580 CONTRACTOR; pm aso urphy Hi Photography Studio CITY OF MERIDIAN BY. e° AUGv st: Tammy de We ,Mayor �Q '• .J Coles i Clerk � w city of E IDIAN IDAHO SEAL v F� Of the T1�EPS PROFESSIONAL SERVICES AGREEMENT FOR PHOTOGRAPHY SERVICES AND PHOTOGRAPH PURCHASING AGREEMENT PAGE 5 PROFESSIONAL SERVICES AGREEMENT FOR PHOTOGRAPHY SERVICES AND PHOTOGRAPH PURCHASING AGREEMENT PAGE 6 EXHIBIT A RESPONSE FROM CONTRACTOR Meridian City Council Meeting Agenda October 2, 2018 – Page 199 of 580 PROFESSIONAL SERVICES AGREEMENT FOR PHOTOGRAPHY SERVICES AND PHOTOGRAPH PURCHASING AGREEMENT PAGE 7 OF 7 Meridian City Council Meeting Agenda October 2, 2018 – Page 200 of 580 PROFESSIONAL SERVICES AGREEMENT FOR PHOTOGRAPHY SERVICES AND PHOTOGRAPH PURCHASING AGREEMENT This PROFESSIONAL SERVICES AGREEMENT FOR PHOTOGRAPHY SERVICES AND P OTOGRAPH PURCHASING AGREEMENT ("Agreement") is entered into this 2nd day ofC-�-o , 2018, by and between the City of Meridian, Idaho, whose address is 33 E. Idaho, Meridian, Idaho ("City"), and Gregory Browning ("Contractor") (collectively, "Parties"). WHEREAS, City, by and through the Meridian Historic Preservation Commission ("HPC"), seeks professional photography services and photographs to be used for various applications, including, but not limited to, advertising, marketing, education, promotion, and public information; WHEREAS, Contractor is qualified to provide the photography services desired by City, and is willing to deliver such photographs to HPC for these enumerated and other uses, whether known or unla-iown; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereto do mutually agree as follows: 1. Scope of services. Contractor shall take photographs of historic properties in Meridian, Idaho, as requested, and provide a high-resolution .jpg file, suitable for reproduction for all purposes, of each photograph taken. Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable laws and regulations. Contractor represents and warrants that he will perforin all work under this Agreement in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. 2. Payment. City will pay Contractor for services rendered and deliverables provided pursuant to this Agreement not -to -exceed two thousand dollars ($2,000.00). i. Method of payment. Vendor shall provide City with a quote and invoice for services and/or materials provided, pursuant to response from contractor set forth in Exhibit A, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Vendor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Vendor. 3. Term. Contractor shall provide to City all services and deliverables from the date of this Agreement until September 30, 2019. The contract tei7n maybe renewed in one (1) year increments after that date for up to five (5) years or until September 30, 2023. ACCEPTANCE AGREEMENT - INITLAL POINT GALLERY DISPLAY PAGE 1 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 4. Time of the essence. The Contractor acknowledges that services provided under this Agreement will 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. 5. Copyright. The copyright for all photographs taken and provided pursuant to this Agreement shall be owned by City. The Contractor shall reserve no right to reproduce the photographs in any manner or for any purpose, though the Contractor may request such right from City, which right City shall not unreasonably withhold. Any such right shall be conveyed in writing, and if not in writing shall not be considered duly or validly conveyed. City may use partial or complete images of such photographs for promotional or other public use without further permission from Contractor. While Contractor shall make no claim to the copyright of the photographs, Contractor shall be identified as the creator of the photographs, where ever practicable, as to any reproduction of the photographs by City. 6. Private Use. Vendor shall be responsible to add a watermark of the City of Meridian logo, as provided by the City, to use in any public display of the images (Facebook, Instagram, etc.). Any commercial use is prohibited without a separate license agreement from the City of Meridian. 7. Waiver and Relinquishment of Rights. Contractor hereby expressly waives any and all right, title, or interest in the photographs taken and provided pursuant to this Agreement. Contractor understands that said waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, performance and display. Contractor agrees to relinquish any and all rights, title, and interest to the photographs taken or provided in connection with this Agreement and hereby expressly waives any rights Contractor has to said photographs, including, but not limited to, any rights afforded under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. Sections 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. Section 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. 8. Relationship of Parties. It is the express intention of Parties that Contractor is an independent Contractor and 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 Contractor and City or between Contractor and any official, agent, or employee of City. Both parties acknowledge that Contractor is not an employee of City. Contractor shall retain the right to perform services for others during the term of this Agreement. Meridian City Council Meeting Agenda October 2, 2018 – Page 202 of 580 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 9. Notices. Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: If to City: If to Contractor: City of Meridian Commissions & Committees Specialist 33 E. Broadway Avenue Meridian, Idaho 83642 Gregory Browning 6625 N Moon Drummer Way Meridian, ID 83646 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Waiver and indemnification. Contractor waives 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 Contractor’s performance of this Agreement except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. Further, Contractor will indemnify, hold harmless, and defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Contractor’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of City or its officers, agents or employees. 11. Insurance Contractor’s responsibility. City shall not provide insurance to cover loss, theft, or damage of Contractor’s equipment or photographs, or to cover any activity undertaken by Contractor in the furtherance of Contractor’s rights or obligations described herein. Insurance of the photographs; of Contractor’s person, property, or interests; and/or of Contractor’s employees or agents shall be the sole responsibility of Contractor. Contractor shall obtain all necessary insurance as may be required in order to protect Contractor’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the photographs. Contractor shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the photographs prepared for City. 12. Discrimination prohibited. In performing services pursuant to this Agreement, Contractor shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 14. 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 Meridian City Council Meeting Agenda October 2, 2018 – Page 203 of 580 hereof or contemporaneous herewith. The tears of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 15. Non -waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 16. Assignment. Contractor may not sub -contract, assign, transfer, hypothecate or sell its rights (including the right to compensation) or duties arising hereunder without the prior express written consent of City. Any subcontractor assignee will be bound by all the terms and conditions of this Agreement. 17. Heirs and assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives and references to Contractor and City shall include their respective heirs, successors, assigns, and personal representatives. 18. Termination. If City determines that Contractor has failed to comply with the terms and conditions of this Agreement, violated any of the covenants, agreements, and/or- stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may tenninate this Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms and provides a reasonable time to cure. If all defaults are not cured and corrected within a reasonable period as specified in the notice, City may, with no further notice, declare this Agreement to be terminated. Notwithstanding the above or any other provision of this Agreement, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Contractor. This provision shall survive the termination of this Agreement and shall not relieve Contractor of liability to City for damages. 19. Attorney's fees. In any action by City or Contractor for recovery of any sure due under this Agreement, or to enforce any of the terms, covenants, or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. 20. Governing law. This Agreement shall be governed by the laws of the State of Idaho. 21. 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 WIT3ESS WHEREOF, the parties hereto have executed this Agreement on the this r)Aday of �1jer , 2018. ACCEPT,kN'CE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 CONTRACTOR: Z7-reaory Br6ming Whitetail Real Estate Photographer CITY of MERIDIAN • rf 0��� ED AU ` BY; st: Tammy de 16erX Mavor a r Coles, Ci y Clerk C'ily of E IDIAM...-- IDAHO SEAL44/ Ofthe TREPS�� AcC;EP'I'ANCE AST - .HENT — WmAt, Poitgr GALLERY DISPLAY PAUE 5 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 6 EXHIBIT A RESPONSE FROM CONTRACTOR Meridian City Council Meeting Agenda October 2, 2018 – Page 206 of 580 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 1 Meridian City Council Meeting Agenda October 2, 2018 – Page 207 of 580 PROFESSIONAL SERVICES AGREEMENT FOR PHOTOGRAPHY SERVICES AND PHOTOGRAPH PURCHASING AGREEMENT PAGE 2 OF 8 Meridian City Council Meeting Agenda October 2, 2018 – Page 208 of 580 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 6 L Project File Number: Approval of Blanket Purchase Order #19-0016 Dubois Chemicals, Inc. in the amount of $100,000.00 for FY19 "Ferric Chloride" purchases at the Wastewater Treatment Plant Meeting Notes: c✓ oil WED I TEM SHEET C ouncil Agenda I tem - 5.L . Presenter: Consent Estimated Time f or P resentation: Consent Title of I tem - Approval of Blanket P urchase Order #19-0016 to Dubois Chemicals, Inc. in the amount of $100,000.00 for F Y 19 “F erric Chloride” purchases at the Wastewater T reatment Plant. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 9/27/2018 P O #19-0016 Cover Memo 9/27/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 9/27/2018 - 1:16 P M F inance.B aird, Ted Approved 9/27/2018 - 4:06 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 209 of 580 Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Laurelei McVey Date: 9/25/2018 Re: October 2 nd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 2 nd City Council Agenda for Council’s consideration. Approval of Blanket Purchase Order #19-0016 to Dubois Chemicals, Inc. in the amount of $100,000.00 for FY19 “Ferric Chloride” purchases at the Wastewater Treatment Plant. Recommended Council Action: Approval of Blanket Purchase Order 19-0016 for the Not-To-Exceed amount of $100,000.00 and authorize Purchasing Manager to sign. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda October 2, 2018 – Page 210 of 580 E IDIAN Purchase Order Attention: laureleiMcvey 10111201a truck Destination Pre-Paid 19-0016 DUBOIS CHEMICALS INC 2659 SOLUTION CENTER cHlcAGo, tL 60677 Billing Add ress: Shipping Address: Attn: Finance 33 E Broadway Ave Nreridian, lD 83642 City of Meridian Wastewater 340'l N. Ten Mile Meridian, lD 83646 Shipping Method: FOB: Unit Quantity Unit Price '19-00'16 FY19 Ferric per Existing Contract $.01773/LB Dollars 100000.00 '1.00 Purchase Order Total: Purchasing Manager: Special lnstructions FY19 Contract PO for Ferric per existing contract. Nolto-Exceed $100,000, 60-3510-52015-'10 427 .b Ticket #20625 Total 100,000.00 $100,000.00 IDAHO CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: Description z W LL m 0 z D 0 0 it z UW W 0 U) uj 0 az WD U) 0 • z c) w c) Z CL < X _j W • 0 LU a0 •w • z • D LL w ca z co >- F- LLI Z a L) < z z W(1) Lli U) F- LLJ 0 --) 0 0. 4- Z °- O 0 a a 0 0- 16M z C.) oo 0 W UJ D0 z �Q� 4 t— CL City Of lrlgEidian Detaifed Statement of Revenues and Expendj.tures - Rev and E).p Report 60 - E rterplisa Eund 3510 - VI{ tleatu.nt Plalt Frora l0/L/20!8 Through 9/30/2019 Kei th 52015 10 317 10373.b OPERATING COSTS Chemicals Polyaluminum Chloride Solution - WWTP EY19 Polyner TOIA] OPERATING COSTS Budget with Budget Remaining Percent of Budget Remainj.ng 450,000.00 0,00 0.00 40, 000.00 450,000.00 (40, 000 . 00 ) 100.00'6 0.00s 0 .00 2 50, 000.00 {250,000.00)0.00s TOTAL EXPENDITI]RES 35.56s 35.56i29C000.00 Date: 9/21/lA 10: 53:2 6 Atl -----l!-qr-q-q-q--q-o 450,000.00 290,000,00 ______Lq-q.._a-q-q-_q-o 160,000.00 Meridian City Council Meeting Agenda October 2, 2018 – Page 213 of 580 TIElors July 23.2018 City of Meridion Public Works DeportmentWoslewoter Division Attn: Gino Honis 3401 N. Ten Mile Ave. Meridion, ldoho 83646 Proposol For: Ferric Chloride, Bid# WW-1239-10427.0 & DEFOAMANT CHEMICAL FYlS #WW-l749- I0771 - Renewol controcts Deor Ms. Horris. DuBois Chemicols formolly operoting os BHS Speciolty Chemicols, would like to loke odvontoge of lhe renewol option os outlined in our current controcls. ln our evoluotion, we hod lo toke into considerotion price increoses from our suppliers since lhe stort of our conlroct equoling $0.0063/lb ($l2.60 per solution ton) for ferric chloride ond $0.06/lb. increose on direct chemicol odditives in our defoomont. Pleose see oltoched letters from our suppliers listing the omounl of increose. The new pricing is reflected below. Product Ferric Chloride solulion 37-42ok Defoamant - BHS SD 20 Packaqe Bulk TT 5,000 Gallons 275 Gallon Tote Current Price $0.171lLB New Quote FOB Terms $0.1773lLB DLVD $1.20/LB $1.26/LB DLVD Controct Period: FY l0ll12018 -9/j012019 - lv Renewo/ ferm Order Phone: 208-466-8437 - custorner seryice We believe thol our proposed pricing will ensure thot the City of Meridion conlinues to receive o competitive price in the morkelploce. DuBois chemicols opprecioles your business ond looks forword to continuing lo supply your chemicol requiremenls. Pleose feel free to conlocl myself or Belty, should you hove ony questions. Sincerely, '/.n\o--"at^ [ouro Lonthier Monoger, Municipol Bids & Conlrocls Emoil: louro@bhsmor ketinq.com louro.l onlh ier@duboischemicols-com Office: (208) 932-6615 _ _ -BHS Marketing LLC . pO Box 27955 . Satt Lake City, UT 84104 . 8Ol 973 8232ouBois Corporale office. 3630 East Kemper Road . Sharonvi e, oH 4szqi_zinlt-,-doo q$ zut www.duboischemicals.com Meridian City Council Meeting Agenda October 2, 2018 – Page 214 of 580 PVS Technologies, lnc. SUBSIDARY OF PVS CHEMICALS, INC st30t1B PVS Technologies will be increasing the price for liquid ferric chloride by $30 / dry ton effective 711118 or as contracts allow. PVS Technologies will continue to work closely with our suppliers to secure necessary raw materials and transport equipment needed to meet our customer's ferric chloride volume requirements. We will also work with our suppliers to minimize the impact of these cost increases. Your account manager will be contacting you with more details regarding the price rncrease. 10900 Harper Avenue, Detroit Mt48213 . phone: (313) 571-1100 . Fax: (313) 924_6416 This price increase is due to raw material and freight cost increases. Hydrochloric acid continues to be in tight supply and suppliers have implemented price increases. Chlorine producers have also announced price increases. ln addition to raw material costs, trucking companies have been raising rates significantly due to shortages in hazardous material trucking equipment, driver availability, and increased fuel costs. Meridian City Council Meeting Agenda October 2, 2018 – Page 215 of 580 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 6 M Project File Number: Approval of Contract Amendment No. 3 To Oxarc in the amount of $130,000.00 for the "Sodium Hypochlorite" project at the Water and Wastewater Treatment Plant Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.M. Presenter: Consent Estimated Time f or P resentation: Consent Title of I tem - Approval of a C ontract Amendment No.3 to Oxarc in the amount of $130,000.00 for the “S O D IUM HY P O C HL O RI T E ” project at Water & the Wastewater T reatment P lant. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 9/25/2018 O xarc Contract A mendment #3 Cover Memo 9/25/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 9/25/2018 - 5:16 P M F inance.B aird, Ted Approved 9/26/2018 - 6:09 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 216 of 580 Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Laurelei McVey, Deputy Director Utility Ops; Keith Watts, Purchasing Manager Date: 9/25/2018 Re: October 2 nd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 2 nd City Council Agenda for Council’s consideration. Approval of a Contract Amendment No.3 to Oxarc in the amount of $130,000.00 for the “SODIUM HYPOCHLORITE” project at Water & the Wastewater Treatment Plant. Recommended Council Action: Approval of Contract Amendment No.3 for the Not-To-Exceed amount of $130,000.00 and authorize Purchasing Manager to sign the Amendment and PO #19-0010 for the Not-to-Exceed amount of $130,000.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda October 2, 2018 – Page 217 of 580 ofltKry,- CTTY OF MER BY: Keilh hasln I aoa9er Dated ro/a/t Council Approval CITY OF MERIDIAN CONTRACT AMENDMENT No 3 oxaRc, tNC. For Sodium Hypochtor[e Oxarc, I BY: COt{TRACTOR NAME: Oxarc, lnc.Wat€r ARYM 2076 Cenlury Way Boise, lD 83709 33 E. Broadway Mer'rdian, lD 83642 Coitracl Name: SOdmHvpochlorltc FroLct !ao. IOOtg Prcvlorra Amondricnt O!tc: OgBryt7 prcvtous Arnandnant!: I cur'tht Conrr.cr Drte.: SraRT: l@40|z cOnpLEnOI:.1Q9@ALl! C-urent contrlct Arnounl (btataalw ot proylottt A .rdfi:,nlr to DrLl S20s.719-oo AMENOMENT TO.EXEBCISE OPTION TO RENEW toho* a, Bt Afrt{) _ Amaadneil to Crnl.lct P6dor.rance ;!l__ Am€odmo.il to Contrgcl Oalss I Arnan*hgnt tO ContraCt Adbunt - OlEr: (Erplain) AM . (Anach relsvanl document lonDR afiendmenlli Amanlhnanl D!t€: ,tOOr/2OtB t{.r Conlr.ct Orlcr: SIABT: J@,.13q1! CO}lpLEtlOt{: Og/:iolzolg Amounl ol Adr.ndnr.nt Ch.ng. S_!gL@_-- Cuncot Cont aEt Anounl (tnak slva ot prcylow Nnqrdrrr,n,t ,o Drtatt gl35.7t9_m LLA EHOTH TE R ANMS coD DN lTt o sN Fo ETH Bo GI N AL ACONTF ACT DN RP VIE Uo S EAM DN M E HNTS ME NAI CHUN EANG AD DN N LFU L FORC ANE D EFFE CT DATE:0 )o( Oat€d:-/g ?),(,IDIAN Purchase Order Attention: laureleiMcvey 101112018 truck Destination Pre-Paid Unit Price 1 9-00'10 CITY Of'MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: OXARC, INC, PO. BOX 2605 SPOKANE, WA 99220-2605 Shipping Address: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 City of Meridian Wastewater 340'l N. Ten Mile Meridian, lD 83646 Oescription Shipping Method: FOB: Unit Quantity Total 19-0010 Sodium Hypo Water 19-0010 Sodium Hypo Waste Water Dollars Dollars '105000.00 25000.00 1.00 1.00 105,000.00 25,000.00 Purchase Order Total: Purchasing Manager: Special lnstructions FY19 Contract Extension for Sodium Hypochlorite approved by Counct 101212018. Nolto-Exceed $105,000=60-3430-5201 5-10619/ $25,000=60-3510-5201 5-10619 Ticket#20596 $130,000.00 IDAHO Billing Address: CTrt DIAN CITY OF MERIDIAN Purch..ing Departmanl 33 E BROAOI,I,/AY AVE, STE I 06 MERIOAN, ID 83dI2 TEL: (208) 4E9{4r7 FAX: (208) 887-aEt 3 @ClrY OF TIERIDIAN Wastewater and Water SUGGESTED VENDOR Oxarc 7125t2018 IS BUOGET AMENDMENT REOUIREO? N clTY su PFORT TICKET NO. DATE OF REQUEST AVAiLABLE BUDGET Ai'OUiIT $130,000.00 Purchase Requisition Laurelei M Laurelel iIA,{AGER PAYMENT TERMS NET 30 FREIGHT TERTIS PREPAID PROJECT NAME: FY19 Sodium Hyp6 FYlg Sodium H Water $ 105,000.00 $ 105.000 ooFY19 Sodium H Wastewater $ 25,000.00 52015 $25 000 00 $ $ $ $ s $ $ $ $130 000.00 NOTES: Council Approval Date: antity a UNIT IIIIII EEIEFTT@@IIIIIIIIIIIIIIIIT Oescriplion of Purchase ACCOUNTING CODES FUND I IrEI II '#Nrf I rorAL aMour{l -{tirfr PART NUMBER / DESCRIPTION / COMMITMENT NAME / TASK ORDER i CONTRACT / PROJECT DESCRIPTION EXPENSE OR GL ACCOUNT f nd Pricing_ UNIT PRICE - - II - - II - - PUFCHASE OiOER NUI.IBER UsT APPEAR ON ALI,INVOICES PACKING S(IFS CAR'ONS ANO COIRESPONDENCE R€L^IEO TO THIS ORDER OEPT cooE city of lGridian Detalled Statement of Revenues and Expenditures - Rev and Exp Report 60 - Enterprise tr1rnd 3510 - llw t!€at!6nt PIan! Erom 10/1/2018 'thtcr)gh 9/3O/2019 Kei th Budget with CurrenE Year Budget Renainlng Pe rcent of Budqe t Remaining 52015 OPERAT]NG COSTS Chemicals TOtAl OPERATING COSTS TOTAL EXPENDITURES 450,000.00 0. 00 450,000.00 100. 00? 450 000.00 450 000.00 100.00? _____l!_9,_q_q-9,_q_o 450,000,00 city of Moridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith 60 - Enterpliae nrnd 3{30 _ tilater - Ploductioo From 10,/ 1/ 2 018 Through 9/30/2019 Budqet irith Current Year Actuaf Budget Remaining Budget Remaining 52015 OPERAT]NG COSTS Chemicals TOt l OPEBATING COSTS TOTAL EXPENDITURES 110. 000 . 04 _____l_u._q_q_q-_q_4 110 000.04 110.000.04 110,000.04 100.00% 100.008______________9-!L 0 .00 0.00 _____t-Lq.._q_q_q-_q_4 100.00% Date: 9/25/lB 09:2 9 | 00 AM Your "Siogl6 Sourco" Supplie. July 23,2Ol8 To, Gina Harris I Administrative Assistant City of Meridian I Public Works Department-Wastewater Division 3401 N. Ten Mile Ave., Meridian, ldaho 83646 Phone: 208-888-21911 Fax: 208-884-07 44 First of all Oxarc would like to thank you for your business! The 2016 contract will work with one exception, we have received multiple increases throughout 2017 that we have absorbed due to product supplier increases. The current price on bulk Sodium Hypochlorite L2.5% is 5L.76 gallon, this price will be held for 90 days minimum and will only increase in the event that our supply cost is increased through September 30 2019. The 300 gallon totes will remain the same at 52.57/gallon The 15 gallon containers will also remain the same at $2.85/gallon Thank you for this opportunity! Cristian Stanciu / Kelly Cupples Cell 208-941-1743 Office 208-442-8910 Lewiston, ldaho, (208) 743-6571 ,l'roses Lakg Washington, (509) 765-9217 Nampa, ldaho . (208) 442-8910 Okanogan, Washington , (509) 826.3205 Pascq lttshingtoa . (509) 547-24U Sand point, ldah o (2U) 26X1 01 6 Sunnysr'dg ll&shington , (509) 837.6212 Spokrng Wasr,irgton . (509) 5i*n91 E OTIAfC Servingyour oreo... Bend, Oregon, (541) 389-2033 Boise, ldaho , (208) 3764377 Coeur d'Alene, ldaho, (208) 765-3311 Colville, Washington , (509) 6U-3776 E ,ensburg, Wasl,ington , (509) 925-1518 Greshan, Oregon , (503) 618-1625 Hemlstot, Oregon, (541) 567-7377 La Grcrdo, Oegor. (511) 963-2E90 Ifie Oalles, Oregon . (541) 29fr012 walla walla, washingron . (509) 5293060 Wenetchee, Washington, (509) 662.8417 Yakina, Washington, (509) 2484827 FIF,E 'i{ | City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 6 N Project File Number: Item Title: City Financial Report for August 2018 Meeting Notes: RifAPPROVEO I TEM SHEET C ouncil Agenda I tem - 5.N. Presenter: Estimated Time f or P resentation: Title of I tem - C ity F inancial Report for August 2018 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate City F inancial Report for August 2018 Cover Memo 9/26/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 9/26/2018 - 11:53 A M F inance.Cunningham, R eta Approved 9/26/2018 - 1:31 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 219 of 580 REPORT NAME PAGE # Fund Balance - General 2 Fund Balance - Enterprise 3 Investment Graphs 4 WATER - Budget to Actual Comparison 5 WWTP - Budget to Actual Comparison 6 Public Works/Billing Budget to Actual Comparison 7 Enterprise Fund - Budget to Actual Comparison 8 Enterprise Fund - Graphs 9 Utility Sales Revenue Comparison 10 General Fund Expenditures - Budget to Actual Comparison 11 General Fund - Graphs 12 General Fund Revenue - Budget to Actual Comparison 13 Community Development - Forecast 14 Community Development - Budget to Actual Comparison 15 Community Development - Graphs 16 Impact Fund - Summary 17 Overtime Graphs 18 Volunteer Hours 19 Vacant Positions 20 Internal Transfers 21 Revenue & Expense Details 22-55 Table of Contents FINANCE REPORT August 2018 CITY of MERIDIAN Month 11 of FY2018 (Oct 1 - Sep 30) 1 of 21 Meridian City Council Meeting Agenda October 2, 2018 – Page 220 of 580 CITY of MERIDIAN FY2018 General Fund Balance Projection (based on approved Budget) As of 8/6/2018 Unrestricted Restricted Restricted Restricted Restricted Restricted Fund 01 Fund 07 Fund 07 Fund 07 Fund 08 Fund 55 BUDGET Based Fund Balance PROJECTION General Fund Parks - Impact Fire - Impact Police - Impact Public Safety Capital Improve. Total Unrestricted Fund Balance As of 9/30/17 32,474,676 $ 6,263,470 $ 5,108,042 $ 1,172,284 $ 386,687 $ 8,045,257 $ 53,450,416 $ Current Year Revenue & Expenditures Fiscal Year 2018 Budgeted Revenue 49,160,188 $ 1,053,000 $ 560,000 $ 196,436 $ -$ 2,000 $ 50,971,624 $ Fiscal Year 2018 Budgeted Ops Expenses 47,524,767 $ -$ 20,000 $ -$ -$ -$ 47,544,767 $ Fiscal Year 2018 Budgeted Cap Expenses 2,833,178 $ 3,085,000 $ -$ -$ -$ 3,033,000 $ 8,951,178 $ Fiscal Year 2018 Budgeted Transfers (2,839,082) $ -$ -$ -$ 280,970 $ 125,499 $ (2,432,613) $ Beg FY18 Current Yr NET Revenues (Expenditures) 1,641,325 $ (2,032,000) $ 540,000 $ 196,436 $ (280,970) $ (3,156,499) $ (3,091,708) $ Net Projected Fund Balance 34,116,001 $ 4,231,470 $ 5,648,042 $ 1,368,720 $ 105,717 $ 4,888,758 $ 50,358,708 $ FY2018 Amendments Current Associate City Planner 95,259 $ 95,259 $ Discovery Park Phase 1 Amenities 612,000 $ 612,000 $ Legal Services 70,000 $ 70,000 $ Impact Fee Study 30,800 $ 18,840 $ 6,170 $ 55,810 $ Stainless Steel Decontamination Sinks & Counter 27,900 $ 27,900 $ State of the City 11,550 $ 11,550 $ Comprehensive Plan Consultant 214,954 $ 214,954 $ Building & Electrical Plan Review and Inspection Services 925,582 $ 925,582 $ Community Development Technology Improvements 546,903 $ 546,903 $ ommunity Development Tenant Improvements 284,868 $ 284,868 $ Pine Ave Fiber Conduit 19,900 $ 19,900 $ Idaho Humane Society Contract Addendum 11,000 $ 11,000 $ Exhaust/Carcinogen testing at Station 1 and 3 4,000 $ 4,000 $ Revenue reduced due to Budget Notice publication error 50,489 $ 50,489 $ City Summer Picnic from Enterprise Fund 70 $ 70 $ Personnel Reclassification (1,891) $ (1,891) $ Homecourt Lighting Fixtures 7,000 $ 7,000 $ -$ Total Amendments 2,879,584 $ 30,800 $ 18,840 $ 6,170 $ -$ -$ 2,935,394 $ Current Yr NET change to fund balance Rev (Exp) (1,238,259) $ (2,062,800) $ 521,160 $ 190,266 $ (280,970) $ (3,156,499) $ (6,027,102) $ Net Projected Fund Balance after Amendments 31,236,417 $ 4,200,670 $ 5,629,202 $ 1,362,550 $ 105,717 $ 4,888,758 $ 47,423,314 $ Carryforward Operating 565,837 $ 565,837 $ Carryforward Capital 1,574,035 $ 4,341,654 $ 4,266,500 $ -$ 300,542 $ 10,482,731 $ Carryfoward Adjustment (346,387) $ (2,638,267) $ 449,500 $ -$ (201,660) $ (2,736,814) $ FY18 Comm Dev Transfer 2,641,404 $ (2,641,404) $ -$ FY18 Public Safety Fund Transfer 1,000,000 $ (1,000,000) $ -$ -$ Total Carryforwards 5,434,889 $ 1,703,387 $ 4,716,000 $ -$ (1,000,000) $ (2,542,522) $ 8,311,754 $ Net Projected Fund Balance after Amendments & Carryforwards 25,801,528 $ 2,497,283 $ 913,202 $ 1,362,550 $ 1,105,717 $ 7,431,280 $ 39,111,560 $ Operating Reserves - 4 months 15,825,455 $ 15,825,455 $ Net Projected Fund Balance after Reserves (Budget Based) 9,976,073 $ 2,497,283 $ 913,202 $ 1,362,550 $ 1,105,717 $ 7,431,280 $ 23,286,105 $ Unrestricted Restricted Restricted Restricted Restricted Restricted ACTUAL NET FUND BALANCE as of 8/31/2018 Fund 01 Fund 07 Fund 07 Fund 07 Fund 08 Fund 55 General Fund Parks - Impact Fire - Impact Police - Impact Public Safety Capital Improve. Total Unrestricted Fund Balance as of 09/30/17 32,474,676 $ 6,263,470 $ 5,108,042 $ 1,172,284 $ 386,687 $ 8,045,257 $ 53,450,416 $ FYTD Actual Revenues 51,589,552 $ 2,859,536 $ 1,984,312 $ 586,684 $ 8,607 $ 131,689 $ 57,160,380 $ FYTD Actual Operating Expenses 40,585,255 $ 2,757 $ 417 $ 135 $ -$ -$ 40,588,564 $ FYTD Actual Capital Expenses 1,700,908 $ 3,897,653 $ 276,468 $ -$ -$ 22,647 $ 5,897,676 $ FYTD Actual General Fund Transfers 3,641,404 $ -$ -$ -$ (1,000,000) $ (2,641,404) $ -$ ACTUAL NET FUND BALANCE as of 8/31/2018 38,136,661 $ 5,222,596 $ 6,815,469 $ 1,758,833 $ 1,395,294 $ 10,795,703 $ 64,124,556 $ NOTE: Budget Based Fund Balance reflects if ALL approved spend for the year occurs by 09/30/18 Actual YTD Fund Balance reflects actual spend to date, no future spend or reserves included 2 of 21 General Fund Balance Meridian City Council Meeting Agenda October 2, 2018 – Page 221 of 580 CITY of MERIDIAN FY2018 Enterprise Fund Balance Projection (based on approved Budget) As of 8/6/2018 Unrestricted Fund 60 BUDGET Based Fund Balance PROJECTION Enterprise Unrestricted Fund Balance As of 9/30/17 50,411,648 $ Current Year Revenue & Expenditures Fiscal Year 2018 Budgeted Revenue 38,461,568 $ Fiscal Year 2018 Budgeted Ops Expenses 16,503,497 $ Fiscal Year 2018 Budgeted Cap Expenses 37,573,000 $ Fiscal Year 2018 Budgeted Transfers 2,839,082 $ Beg FY18 Current Yr NET Revenues(Expenditures) (18,454,011) $ Net Projected Fund Balance 31,957,637 $ FY2018 Amendments SCADA System Administrator 108,977 $ Well #29 20,000 $ Collections Equipment Facility Construction 77,500 $ City Summer Picnic to General Fund (60) $ Total Amendments 206,417 $ Current Yr NET change to fund balance Rev(Exp) (18,660,428) $ Net Projected Fund Balance after Amendments 31,751,220 $ FY2018 Carryforwards Carryforward Operating 1,116,130 $ Carryforward Capital 32,051,136 $ Carryfoward Adjustment (11,689,611) $ Total Carryforwards 21,477,655 $ Net Projected Fund Balance after Amendments & Carryforwards 10,273,565 $ Operating Reserves - 6 months 8,509,811 $ Depreciation Reserve -$ Emergency Reserve 1,000,000 $ Total Reserves 9,509,811 $ Net Projected Fund Balance after Reserves (Budget Based) 763,754 $ ACTUAL NET FUND BALANCE as of 08/31/2018 Actual Fund 60 Unrestricted Fund Balance as of 09/30/17 50,411,648 $ FYTD Actual Revenues 42,922,084 $ FYTD Actual Operating Expenses 13,208,019 $ FYTD Actual Capital Expenses 38,074,309 $ FYTD Actual General Fund Transfers 2,496,141 $ ACTUAL Based NET FUND BALANCE as of 08/31/2018 39,555,263 $ NOTE: Budget Based Fund Balance reflects if ALL approved spend for the year occurs by 09/30/18 Actual YTD Fund Balance reflects actual spend to date, no future spend or reserves included 3 of 21 Enterprise Fund Bal Meridian City Council Meeting Agenda October 2, 2018 – Page 222 of 580 City of Meridian Investments and Cash Position FY2018 for Month Ending 8/31/18 City of Meridian Investment Portfolio Govern Bonds $25,124,052 Muncipal Bonds $1,128,274 Certif of Deposit $0 Investor Cash $1,336,769 FIB MoneyMarket $1,571,463 Cash $2,663,812 Idaho Bond Fund $20,858,712 Idaho State Pool $59,649,998 0.00% 0.50% 1.00% 1.50% 2.00% 2.50% 3.00% 3.50% 4.00% 4.50% Yield by Investment Type $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 General Enterprise City of Meridian Interest Income by Fund (GF includes restricted and designated funds) Total Budget Budget YTD Actual YTD Prior YTD $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 $80,000,000 General Enterprise Fund City of Meridian Investment/Cash Balance by Major Fund (GF includes restricted and designated funds) FY2018 FY2017 4 of 21 InvestmentsMeridian City Council Meeting Agenda October 2, 2018 – Page 223 of 580 $(* Approved Overspend for Water Meters $245K $98K Eagle Rd Emerg Repair City of Meridian Water Department Incuding PW Admin Costs - Enterprise Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending 8/31/2018 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ WATER OPERATIONS AND MAINTENANCE Revenue Water Sales 9,143,151 $ 8,381,222 $ 8,111,991 $ (269,231) $ -3% 7,678,667 $ 433,324 $ Miscellaneous 270,000 $ 247,500 $ 392,002 $ 144,502 $ 58% 343,953 $ 48,049 $ 1/2 Billing/Public Works 473,185 $ 433,752 $ 592,347 $ 158,594 $ 37% 597,411 $ (5,064) $ Total Revenue 9,886,336 $ 9,062,474 $ 9,096,339 $ 33,865 $ 0% 8,620,030 $ 476,309 $ Personnel Costs Administration 259,683 $ 238,042 $ 232,255 $ 5,788 $ 2% 212,734 $ 19,521 $ Operations 560,958 $ 514,211 $ 508,583 $ 5,628 $ 1% 476,268 $ 32,315 $ Distribution 622,270 $ 570,415 $ 581,256 $ (10,841) $ -2% 527,906 $ 53,350 $ Production 371,812 $ 340,828 $ 254,804 $ 86,024 $ 25% 230,947 $ 23,856 $ Backflow Prevention 132,759 $ 121,696 $ 94,845 $ 26,850 $ 22% 104,834 $ (9,989) $ 1/2 Billing/Public Works 2,258,053 $ 2,069,882 $ 1,739,645 $ 330,237 $ 16% 1,544,569 $ 195,076 $ Total Personnel Costs 4,205,535 $ 3,855,073 $ 3,411,387 $ 443,686 $ 12% 3,097,258 $ 314,129 $ Operating Costs Administration 550,260 $ 504,405 $ 293,153 $ 211,252 $ 42% 306,069 $ (12,916) $ Operations 484,325 $ 443,965 $ 606,917 $ (162,952) $ -37% 168,739 $ 438,178 $ Distribution 283,480 $ 259,857 $ 261,151 $ (1,295) $ 0% 160,230 $ 100,921 $ Production 1,040,460 $ 953,755 $ 843,016 $ 110,739 $ 12% 687,259 $ 155,757 $ Backflow Prevention 87,440 $ 80,153 $ 66,487 $ 13,667 $ 17% 70,474 $ (3,987) $ General Fund Transfer 1,258,915 $ 1,154,006 $ 1,151,197 $ 2,809 $ 0% 915,390 $ 235,807 $ 1/2 Billing/Public Works 1,112,511 $ 1,019,802 $ 624,589 $ 395,213 $ 39% 657,969 $ (33,380) $ Total Operating Costs 4,817,391 $ 4,415,942 $ 3,846,510 $ 569,432 $ 13% 2,966,129 $ 880,380 $ Operating Income (Loss) 863,410 $ 791,459 $ 1,838,442 $ 1,046,983 $ 2,556,642 $ Capital Outlay Operations Administration 145,905 $ 133,746 $ 13,847 $ 119,899 $ 90% 285,983 $ (272,136) Operations 30,000 $ 27,500 $ 22,202 $ 5,298 $ 19% -$ 22,202 Distribution 178,000 $ 163,167 $ 176,237 $ (13,070) $ -8% 119,278 $ 56,958 1/2 Billing/Public Works 41,739 $ 38,261 $ 42,224 $ (3,963) $ -10% 69,138 $ (26,915) Total Capital Outlay 395,644 $ 362,674 $ 254,509 $ 108,165 $ 30% 474,400 $ Net Income (Loss) from Operations 467,765 $ 428,785 $ 1,583,933 $ 1,155,148 $ 2,082,243 $ WATER CONSTRUCTION Revenue Residential Assessments 3,263,505 $ 2,991,546 $ 5,067,588 $ 2,076,042 $ 69% 3,611,771 $ 1,455,816 $ Commercial Assessments 294,000 $ 269,500 $ 566,625 $ 297,125 $ 110% 501,459 $ 65,166 $ Interest 150,000 $ 137,500 $ 234,078 $ 96,578 $ 70% 185,552 $ 48,525 $ Miscellaneous -$ -$ 9,042 $ 9,042 $ -$ 9,042 $ Total Revenue 3,707,505 $ 3,398,546 $ 5,877,333 $ 2,478,786 $ 73% 4,298,782 $ 1,578,550 $ Operating Costs 18,000 $ 16,500 $ 9,206 $ 7,294 $ 44% 9,335 $ (129) $ Capital Construction Projects 10,136,940 $ 9,292,195 $ 4,633,548 $ 4,658,647 $ 50% 2,829,098 $ 1,804,450 $ Net Income (Loss) from Construction (6,447,435) $ (5,910,148) $ 1,234,579 $ 7,144,728 $ 1,460,349 $ Water Department Net Income (Loss) (5,979,669) $ (5,481,363) $ 2,818,512 $ 8,299,876 $ 3,542,592 $ Budget to Actual Prior Year to Date 5 of 21 Water Meridian City Council Meeting Agenda October 2, 2018 – Page 224 of 580 City of Meridian Waste Water Including PW Admin Costs - Enterprise Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending 8/31/2018 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ WASTE WATER OPERATIONS AND MAINTENANCE Revenue Utility Sales 15,214,390 $ 13,946,524 $ 13,957,600 $ 11,076 $ 0% 13,573,120 $ 384,480 $ Miscellaneous -$ -$ 26,959 $ 26,959 $ 0% 167,495 $ (140,536) $ 1/2 Billing/Public Works 473,185 $ 433,752 $ 592,347 $ 158,594 $ 37% 597,411 $ (5,064) $ Total Revenue 15,687,575 $ 14,380,277 $ 14,576,905 $ 196,629 $ 1% 14,338,026 $ 238,879 $ Personnel Costs Administration 289,022 $ 264,937 $ 193,300 $ 71,636 $ 27% 237,330 $ (44,030) $ Treatment Plant 1,476,793 $ 1,353,727 $ 1,236,624 $ 117,103 $ 9% 1,209,705 $ 26,919 $ Collection Lines 558,456 $ 511,918 $ 418,641 $ 93,277 $ 18% 361,654 $ 56,988 $ Pretreatment Division 159,417 $ 146,133 $ 132,240 $ 13,893 $ 10% 139,877 $ (7,637) $ Lab 439,241 $ 402,637 $ 382,554 $ 20,084 $ 5% 372,172 $ 10,382 $ 1/2 Billing/Public Works 2,258,053 $ 2,069,882 $ 1,739,645 $ 330,237 $ 16% 1,544,569 $ 195,076 $ Total Personnel Costs 5,180,983 $ 4,749,234 $ 4,103,004 $ 646,230 $ 14% 3,865,306 $ 0$ Operating Costs Administration 311,251 $ 285,313 $ 213,090 $ 72,223 $ 25% 363,091 $ (150,001) $ Treatment Plant 1,998,540 $ 1,831,995 $ 1,611,492 $ 220,503 $ 12% 1,770,678 $ (159,186) $ Collection Lines 554,344 $ 508,149 $ 336,047 $ 172,102 $ 34% 351,416 $ (15,369) $ Pretreatment Division 21,380 $ 19,598 $ 10,595 $ 9,003 $ 46% 10,565 $ 30 $ Lab 232,580 $ 213,198 $ 174,885 $ 38,313 $ 18% 122,570 $ 52,316 $ General Fund Transfer 1,258,916 $ 1,154,007 $ 1,165,699 $ (11,692) $ -1% 929,405 $ 236,295 $ 1/2 Billing/Public Works 1,112,511 $ 1,019,802 $ 624,589 $ 395,213 $ 39% 657,969 $ (33,380) $ Total Operating Costs 5,489,522 $ 5,032,062 $ 4,136,398 $ 895,664 $ 18% 4,205,693 $ (69,295) $ Operating Income (Loss) 5,017,070 $ 4,598,981 $ 6,337,503 $ 1,738,522 $ 38% 6,267,027 $ 70,476 $ Capital Outlay Operations Administration 39,000 $ 35,750 $ 26,669 $ 9,081 $ 25% 65,527 $ (38,859) $ Treatment Plant 55,000 $ 50,417 $ 55,846 $ (5,430) $ -11% -$ 55,846 $ Collection Lines 30,000 $ 27,500 $ 26,780 $ 720 $ 3% 468,624 $ (441,844) $ Lab -$ -$ -$ -$ 6,116 $ (6,116) $ Biosolids Division -$ -$ -$ -$ -$ -$ 1/2 Billing/Public Works 41,739 $ 38,261 $ 42,224 $ (3,963) $ -10% 69,138 $ (0) $ Total Capital Outlay 165,739 $ 151,927 $ 151,519 $ 408 $ 0% 609,406 $ (457,887) $ Net Income (Loss) from Operations 4,851,331 $ 4,447,053 $ 6,185,984 $ 1,738,931 $ 39% 5,657,621 $ 528,363 $ WASTE WATER CONSTRUCTION Revenue Residential Assessments 7,158,816 $ 6,562,248 $ 10,105,964 $ 3,543,716 $ 54% 6,926,374 $ 3,179,591 $ Commercial Assessments 441,000 $ 404,250 $ 1,403,294 $ 999,044 $ 247% 942,617 $ 460,678 $ EPA Compliance Revenue 1,480,337 $ 1,356,976 $ 1,394,749 $ 37,773 $ 3% 1,331,499 $ 63,250 $ Interest 100,000 $ 91,667 $ 465,256 $ 373,590 $ 408% 364,051 $ 101,205 $ Miscellaneous -$ -$ 2,244 $ 2,244 $ 20,431 $ (18,188) $ Total Revenue 9,180,153 $ 8,415,140 $ 13,371,507 $ 4,956,367 $ 59% 9,584,972 $ 3,786,535 $ Operating Costs 35,000 $ 32,083 $ 18,411 $ 13,672 $ 43% 18,352 $ 59 $ Capital Construction Projects 47,833,648 $ 43,847,511 $ 33,034,733 $ 10,812,778 $ 25% 10,766,185 $ 22,268,548 $ Net Income (Loss) from Construction (38,688,495) $ (35,464,454) $ (19,681,638) $ (15,782,816) $ (1,199,566) $ Waste Water Department Net Income (Loss) (33,837,164) $ (31,017,401) $ (13,495,654) $ 17,521,747 $ 4,458,055 $ -$ Budget to Actual Prior Year to Date 6 of 21 WWTP Meridian City Council Meeting Agenda October 2, 2018 – Page 225 of 580 City of Meridian Enterprise Overhead - Public Works/Utility Billing/Environmental Divisions Budget to Actual Year to Date Comparisons FY2018 for Month Ending 8/31/2018 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ Revenue PW Review Fees 200,000 $ 183,333 $ 529,246 $ 345,912 $ 189% 582,489 $ (53,243) $ Utility Billing Fees 746,369 $ 684,172 $ 655,448 $ (28,724) $ -4% 612,334 $ 43,114 $ Total Revenue 946,369 $ 867,505 $ 1,184,694 $ 317,189 $ 37% 1,194,822 $ (10,129) $ Personnel Costs 4,516,107 $ 4,139,764 $ 3,479,290 $ 660,474 $ 16% 3,089,138 $ 390,153 $ Operating Expense 2,225,022 $ 2,039,612 $ 1,249,178 $ 790,434 $ 39% 1,315,938 $ (66,760) $ Transfers 321,252 $ 294,481 $ 179,244 $ 115,237 $ 39% 161,714 $ 17,531 $ Total OE 2,546,274 $ 2,334,093 $ 1,428,422 $ 905,671 $ 39% 1,477,651 $ (49,229) $ Total PC & OE 7,062,380 $ 6,473,858 $ 4,907,712 $ 1,566,145 $ 24% 4,566,789 $ 340,924 $ Operating Income (Loss) (6,116,011) $ (5,606,353) $ (3,723,019) $ 1,883,334 $ -34% (3,371,966) $ (351,053) $ Capital Outlay 83,478 $ 83,025 $ 84,447 $ (1,422) $ -2% 138,277 $ (53,830) $ Net Income (Loss) (6,199,489) $ (5,689,378) $ (3,807,466) $ 1,881,912 $ -33% (3,510,243) $ Budget to Actual Prior Year to Date 7 of 21 PWbilling Meridian City Council Meeting Agenda October 2, 2018 – Page 226 of 580 City of Meridian Total Enterprise Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending 8/31/2018 Unrestricted Net Position at 9/30/2016 50,411,648 $ Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ TOTAL UTILITY OPERATIONS Operating Revenue Water Sales 9,143,151 $ 8,381,222 $ 8,111,991 $ (269,231) $ -3% 7,678,667 $ 433,324 $ Wastewater Sales 15,214,390 $ 13,946,524 $ 13,957,600 $ 11,076 $ 0% 13,573,120 $ 384,480 $ Public Works/Utility Billing 946,369 $ 867,505 $ 1,184,694 $ 317,189 $ 37% 1,194,822 $ (10,129) $ Miscellaneous 270,000 $ 247,500 $ 418,960 $ 171,460 $ 69% 511,447 $ (92,487) $ Total Revenue 25,573,910 $ 23,442,751 $ 23,673,244 $ 230,494 $ 1% 22,958,057 $ 715,188 $ Personnel Costs Water Division 1,947,481 $ 1,785,191 $ 1,671,742 $ 113,449 $ 6% 1,552,690 $ 119,053 $ Wastewater Division 2,922,930 $ 2,679,352 $ 2,363,359 $ 315,993 $ 12% 2,321,773 $ 41,586 $ Public Works/Utility Billing 4,516,107 $ 4,139,764 $ 3,479,290 $ 660,474 $ 16% 3,089,138 $ 390,153 $ Total Personnel Costs 9,386,518 $ 8,604,308 $ 7,514,391 $ 1,089,916 $ 13% 6,963,600 $ 550,791 $ Operating Costs Water Division 2,445,965 $ 2,242,135 $ 2,070,724 $ 171,411 $ 8% 1,392,770 $ 677,953 $ Wastewater Division 3,118,094 $ 2,858,253 $ 2,346,110 $ 512,144 $ 18% 2,618,320 $ (272,210) $ Public Works/Utility Billing 2,225,022 $ 2,039,603 $ 1,249,178 $ 790,425 $ 39% 1,315,938 $ (66,760) $ Total Operating Costs 7,789,081 $ 7,139,991 $ 5,666,011 $ 1,473,980 $ 21% 5,327,028 $ 338,984 $ Total PC & OE 17,175,599 $ 15,744,299 $ 13,180,403 $ 2,563,896 $ 16% 12,290,628 $ 889,775 $ Capital Operations 561,383 $ 514,601 $ 406,028 $ 108,573 $ 21% 1,083,806 $ (677,778) $ General Fund Transfer 2,839,084 $ 2,602,494 $ 2,496,141 $ 2,006,508 $ Operations Income (Loss) 4,997,845 $ 4,581,357 $ 7,996,701 $ 3,415,344 $ (2,006,508) $ 10,003,209 $ CONSTRUCTION Construction Revenue Residential Assessments 10,187,618 $ 9,338,650 $ 9,761,248 $ 422,598 $ 5% 7,432,552 $ 2,328,696 $ Commercial Assessments 735,000 $ 673,750 $ 1,969,919 $ 1,296,169 $ 192% 1,444,075 $ 525,844 $ Multi-Family Assessments 234,703 $ 215,144 $ 5,412,304 $ 5,197,159 $ 2416% 3,105,593 $ 2,306,711 $ EPA Compliance Revenue 1,480,337 $ 1,356,976 $ 1,394,749 $ 37,773 $ 3% 1,331,499 $ 63,250 $ Miscellaneous -$ -$ 11,286 $ 11,286 $ 27,811 $ (16,525) $ Interest 250,000 $ 229,167 $ 699,334 $ 470,167 $ 205% 549,604 $ 149,730 $ Total Construction Revenue 12,887,658 $ 11,813,687 $ 19,248,840 $ 7,435,153 $ 63% 13,891,134 $ 5,357,706 $ Operating Costs Construction 53,000 $ 48,583 $ 27,617 $ 20,966 $ 43% 27,688 $ (70) $ Capital Construction Projects 57,970,588 $ 53,139,706 $ 37,668,281 $ 15,471,425 $ 29% 13,595,283 $ 24,072,998 $ Construction Income (Loss) (45,135,930) $ (41,374,603) $ (18,447,058) $ 22,927,544 $ 268,163 $ (18,715,221) $ Enterprise Fund Net Income (Loss) (40,138,086) $ (36,793,245) $ (10,450,357) $ Fund Balance 10,273,562 $ 13,618,403 $ 39,555,262 $ Budget to Actual Prior Year to Date 8 of 21 Enterprise Meridian City Council Meeting Agenda October 2, 2018 – Page 227 of 580 City of Meridian Enterprise Fund Graphs FY2018 for Month Ending 8/31/18 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 FY2008FY2009FY2010FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018 YTD Utility Connection / Assessment Revenue Water Connection Revenue Sewer Connection Revenue 9 of 21 EnterGraphs Meridian City Council Meeting Agenda October 2, 2018 – Page 228 of 580 10 of 21 Utility Meridian City Council Meeting Agenda October 2, 2018 – Page 229 of 580 City of Meridian General Fund Budget to Actual Year to Date Comparisons FY2018 for Month Ending 8/31/2018 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ POLICE PC 14,992,440 $ 13,743,070 $ 12,426,605 $ 1,316,465 $ 10% 11,542,696 $ 883,910 $ OE 2,946,316 $ 2,700,790 $ 2,222,575 $ 478,215 $ 18% 2,220,814 $ 1,761 $ Total PC and OE 17,938,756 $ 16,443,860 $ 14,649,180 $ 1,794,680 $ 11% 13,763,510 $ 885,670 $ CO 588,056 $ 539,051 $ 412,499 $ 126,552 $ 23% 831,472 $ (418,973) $ FIRE PC 10,731,373 $ 9,837,092 $ 8,986,053 $ 851,038 $ 9% 7,966,761 $ 1,019,293 $ OE 1,610,942 $ 1,476,697 $ 1,219,500 $ 257,197 $ 17% 1,009,966 $ 209,534 $ Total PC and OE 12,342,315 $ 11,313,789 $ 10,205,553 $ 1,108,236 $ 10% 8,976,727 $ 1,228,826 $ CO 5,318,725 $ 4,875,498 $ 339,964 $ 4,535,534 $ 93% 207,849 $ 132,115 $ Interfund Transfers 87,013 $ 79,762 $ 70,970 $ 8,792 $ 11% 61,998 $ 8,972 $ PARKS PC 3,076,191 $ 2,819,841 $ 2,370,235 $ 449,606 $ 16% 2,217,921 $ 152,314 $ OE 2,538,040 $ 2,326,537 $ 1,747,389 $ 579,149 $ 25% 1,486,015 $ 261,373 $ Total PC & OE 5,614,231 $ 5,146,378 $ 4,117,623 $ 1,028,755 $ 20% 3,703,936 $ 413,688 $ CO 11,212,194 $ 10,277,845 $ 4,413,055 $ 5,864,790 $ 57% 3,600,316 $ 812,739 $ Interfund Transfers 56,357 $ 51,661 $ 45,967 $ 5,694 $ 11% 40,156 $ 5,811 $ ADMINISTRATION PC 5,271,147 $ 4,831,885 $ 4,515,455 $ 316,430 $ 7% 4,257,978 $ 257,476 $ OE 3,980,453 $ 3,648,748 $ 2,821,268 $ 827,480 $ 23% 2,166,489 $ 654,779 $ Total PC & OE 9,251,600 $ 8,480,633 $ 7,336,723 $ 1,143,910 $ 13% 6,424,467 $ 912,256 $ CO 1,078,776 $ 988,878 $ 502,707 $ 486,171 $ 49% 352,927 $ 149,780 $ Interfund Transfers (3,036,969) $ (2,783,889) $ (2,656,340) $ (127,549) $ 5% (2,143,762) $ (512,578) $ TOTAL GENERAL FUND PC 34,071,151 $ 31,231,888 $ 28,298,348 $ 2,933,540 $ 9% 25,985,355 $ 2,312,993 $ OE 11,075,751 $ 10,152,772 $ 8,010,731 $ 2,142,041 $ 21% 6,883,284 $ 1,127,447 $ Total PC and OE 45,146,902 $ 41,384,660 $ 36,309,080 $ 5,075,581 $ 12% 32,868,640 $ 3,440,440 $ CO 18,197,751 $ 16,681,272 $ 5,668,225 $ 11,013,047 $ 66% 4,992,563 $ 675,662 $ Interfund Transfers (2,893,599) $ (2,652,466) $ (2,539,403) $ (113,063) $ 4% (2,041,608) $ (497,795) $ PC = Personnel Costs OE = Operating Expenses CO = Capital Outlay NOTE: ~ (01 thru 55 funds) General Fund, Impact Fund, Grant Fund, and Capital Projects Fund ~ Parks trending to underspend Personnel Cost due to seasonal hire in summer months Budget to Actual Prior Year to Date 11 of 21 GeneralFund Meridian City Council Meeting Agenda October 2, 2018 – Page 230 of 580 12 of 21 GenFundGraphs Meridian City Council Meeting Agenda October 2, 2018 – Page 231 of 580 Total General Fund Revenue Budget to Actual Year to Date Comparisons FY2018 for Month Ending 8/31/18 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ Property Tax 30,808,064 $ 28,240,725 $ 31,340,459 $ (3,099,734) $ -11% 28,832,758 $ 2,507,701 $ Total Tax Revenue 30,808,064 $ 28,240,725 $ 31,340,459 $ (3,099,734) $ -11% 28,832,758 $ 2,507,701 $ Liquor License 75,258 $ 68,987 $ 76,713 $ (7,726) $ -11% 73,963 $ 2,750 $ Fire Inspections & Permits -$ -$ 12,148 $ (12,148) $ 12,793 $ (645) $ Dog License 45,000 $ 41,250 $ 33,758 $ 7,492 $ 18% 48,312 $ (14,554) $ Misc. License & Permits 10,000 $ 9,167 $ 19,686 $ (10,519) $ -115% 17,882 $ 1,805 $ Total License & Permit Revenue 130,258 $ 119,403 $ 142,305 $ (22,901) $ -19% 152,949 $ (10,645) $ Grant Revenue 1,391,888 $ 1,275,897 $ 514,622 $ 761,276 $ 60% 491,194 $ 23,428 $ State Revenue Sharing 5,982,741 $ 5,484,179 $ 4,905,882 $ 578,297 $ 11% 4,291,249 $ 614,633 $ State Liquor Revenue 834,960 $ 765,380 $ 828,741 $ (63,361) $ -8% 693,141 $ 135,600 $ Rural Fire 2,465,653 $ 2,260,182 $ 1,757,625 $ 502,557 $ 22% 917,970 $ 839,655 $ Meridian Development Corp 661,932 $ 606,771 $ 116,500 $ 490,271 $ 81% -$ 116,500 $ School Resources 423,516 $ 388,223 $ 425,490 $ (37,267) $ -10% 351,556 $ 73,933 $ Total Intergovernmental Revenue 11,760,690 $ 10,780,632 $ 8,548,859 $ 2,231,774 $ 21% 6,745,110 $ 1,803,749 $ Gas Franchise 600,000 $ 550,000 $ 751,921 $ (201,921) $ -37% 642,884 $ 109,037 $ Cable TV Franchise 200,000 $ 183,333 $ 170,665 $ 12,668 $ 7% 174,323 $ (3,658) $ Electricity Franchise 510,000 $ 467,500 $ 429,423 $ 38,077 $ 8% 413,028 $ 16,396 $ Total Franchise Revenue 1,310,000 $ 1,200,833 $ 1,352,010 $ (151,176) $ -13% 1,230,234 $ 121,775 $ Court Revenue 350,000 $ 320,833 $ 392,788 $ (71,955) $ -22% 346,227 $ 46,561 $ Fines, False Alarm, Restitution & Seizure 7,000$ 6,417 $ 109,144 $ (102,727) $ -1601% 48,411 $ 60,733 $ Total Fines & Forfeitures Revenue 357,000 $ 327,250 $ 501,932 $ (174,682) $ -53% 394,638 $ 107,294 $ Charges for Services by Department Fire -$ -$ 165,908 $ (165,908) $ 32,125 $ 133,783 $ Police 3,000 $ 2,750 $ 161,444 $ (158,694) $ -5771% 122,694 $ 38,750 $ Parks 675,700 $ 619,392 $ 965,523 $ (346,132) $ -56% 893,675 $ 71,848 $ Admin 95,360 $ 87,413 $ 116,776 $ (29,362) $ -34% 122,917 $ (6,142) $ Total Charges for Services Revenue 774,060 $ 709,555 $ 1,409,652 $ (700,097) $ -99% 1,171,412 $ 238,240 $ Impact Fees Impact Fees - Multifamily -$ -$ 1,633,135 $ (1,633,135) $ 916,215 $ 716,920 $ Impact Fee - Commercial 80,000 $ 73,333 $ 388,074 $ (314,741) $ -429% 425,767 $ (37,693) $ Impact Fee - Residential 1,714,436 $ 1,571,566 $ 3,214,852 $ (1,643,285) $ -105% 2,313,646 $ 901,206 $ Total Impact Fee Revenue 1,794,436 $ 1,644,900 $ 5,236,061 $ (3,591,161) $ -218% 3,655,628 $ 1,580,433 $ Total Donations 64,538 $ 59,160 $ 82,829 $ (23,669) $ -40% 64,361 $ 18,468 $ Interest & Investment Earnings 142,000 $ 130,167 $ 859,930 $ (729,764) $ -561% 473,972 $ 385,958 $ Total Miscellaneous Revenues 20,000 $ 18,333 $ 73,849 $ (55,515) $ -303% 129,276 $ (55,427) $ Total Revenue 47,161,046 $ 43,230,959 $ 49,547,885 $ (6,316,926) $ -15% 42,850,338 $ 6,697,547 $ Total General Fund Revenue does not include Community Development Permit Fee Revenue Budget To Actual Prior Year to Date 13 of 21 Revenue Meridian City Council Meeting Agenda October 2, 2018 – Page 232 of 580 City of Meridian Community Development Services Year End Change to Fund Balance Forecast FY2018 for Month Ending 8/31/2018 Total Budget Total Budget YTD Actual YTD Projected TOTAL DEV. SVCS. REVENUE Commercial Permits 833,000 $ 763,583 $ 1,348,494 $ 1,400,000 $ All other Permits 3,949,560 $ 3,620,430 $ 5,736,525 $ 6,000,000 $ Planning Revenue 200,000 $ 183,333 $ 517,712 $ 550,000 $ Miscellaneous Revenue -$ -$ 360 $ 400 $ Total Revenues 4,982,560 $ 4,567,347 $ 7,603,091 $ 7,950,400 $ TOTAL DEVELOPMENT SERVICE FUND Revenue 4,982,560 $ 4,567,347 $ 7,603,091 $ 7,950,400 $ PC 2,002,847 $ 1,835,943 $ 1,293,286 $ 1,441,146 $ OE 2,920,276 $ 2,676,919 $ 2,986,198 $ 3,314,348 $ Net Operating to Fund Balance 59,437 $ 54,484 $ 3,323,608 $ 3,194,906 $ CO & Interfund Transfers 701,815 $ 643,331 $ 272,714 $ 397,196 $ Total Change to Fund Balance (642,378) $ (588,846) $ 3,050,894 $ 2,797,711 $ Projected Transfer 14 of 21 CommDevForecast Meridian City Council Meeting Agenda October 2, 2018 – Page 233 of 580 City of Meridian Community Development Services Budget to Actual Year to Date Comparisons FY2018 for Month Ending 8/31/2018 Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $ ADMINISTRATION Personnel Costs 228,418 $ 209,384 $ 150,892 $ 58,492 $ 28% 195,523 $ (44,631) $ Operating Expenses 96,103 $ 88,094 $ 66,201 $ 21,894 $ 25% 52,371 $ 13,830 $ Total PC & OE 324,521 $ 297,478 $ 217,093 $ 80,385 $ 27% 247,894 $ (30,801) $ Interfund Transfers 86,477 $ 79,271 $ 70,533 $ 8,738 $ 11% 61,616 $ 8,917 $ Fund Balance Transfer -$ 2,641,404 $ 2,275,054 $ PLANNING Personnel Costs 784,434 $ 719,065 $ 581,099 $ 137,965 $ 19% 517,428 $ 63,671 $ Operating Expenses 264,348 $ 242,319 $ 62,411 $ 179,909 $ 74% 20,386 $ 42,025 $ Total PC and OE 1,048,782 $ 961,384 $ 643,510 $ 317,874 $ 33% 537,814 $ 105,696 $ BUILDING Personnel Costs 861,884 $ 790,060 $ 453,485 $ 336,575 $ 43% 414,292 $ 39,193 $ Operating Expenses 2,437,534 $ 2,234,406 $ 2,789,712 $ (555,306) $ -25% 2,164,484 $ 625,228 $ Total PC & OE 3,299,418 $ 3,024,467 $ 3,243,197 $ (218,731) $ -7% 2,578,776 $ 664,421 $ Capital Outlay 647,300 $ 593,358 $ 229,452 $ 363,907 $ 61% -$ 229,452 $ Interfund Transfers (59,451) $ (54,497) $ (53,246) $ (1,251) $ 2% (51,643) $ (1,602) $ ECONOMIC DEVLP Personnel Costs 128,111 $ 117,435 $ 107,809 $ 9,626 $ 8% 106,275 $ 1,534 $ Operating Expenses 122,290 $ 112,099 $ 67,874 $ 44,225 $ 39% 110,708 $ (42,834) $ Total PC & OE 250,401 $ 229,534 $ 175,683 $ 53,851 $ 23% 216,983 $ (41,300) $ Interfund Transfers 27,489 $ 25,198 $ 25,975 $ (777) $ -3% 25,127 $ 848 $ TOTAL DEVELOPMENT SERVICE FUND Personnel Costs 2,002,847 $ 1,835,943 $ 1,293,286 $ 542,658 $ 30% 1,233,518 $ 59,767 $ Operating Expenses 2,920,276 $ 2,676,919 $ 2,986,198 $ (309,278) $ -12% 2,347,949 $ 638,248 $ Total PC and OE 4,923,123 $ 4,512,863 $ 4,279,483 $ 233,379 $ 5% 3,581,467 $ 698,016 $ Capital Outlay 647,300 $ 593,358 $ 229,452 $ 363,907 $ 61% -$ 229,452 $ Interfund Transfers 54,515 $ 49,972 $ 43,263 $ 6,709 $ 13% 35,100 $ 8,163 $ Fund Balance Transfer -$ 2,641,404 $ 2,275,054 $ NOTE: Interfund Transfers = 25.42% of City Hall costs transfer to Community Development Services Budget to Actual Prior Year to Date Includes FY18 Budget Amendment for 21 FTE Inspections Expense City of Meridian Building Department Permit Revenue compared to Building Inspectors Expense FY2018 for Month Ending 8/31/2018 % of Permit Fee Inspectors Gross Revenue Inspector Expense Rev. vs. Exp. that Goes to City Building Inspections 4,615,057 $ 978,551 $ 3,636,506 $ 79% Mechanical Inspections 762,017 $ 460,694 $ 301,323 $ 40% Electrical Inspections 542,560 $ 397,336 $ 145,224 $ 27% Plumbing Inspections 623,957 $ 375,790 $ 248,167 $ 40% Fire Inspections 553,076 $ 404,801 $ 148,276 $ 27% Total 7,096,667 $ 2,617,172 $ 4,479,495 $ 63% 15 of 21 CommDevMeridian City Council Meeting Agenda October 2, 2018 – Page 234 of 580 16 of 21 CommDevGraphs Meridian City Council Meeting Agenda October 2, 2018 – Page 235 of 580 City of Meridian IMPACT FUND BALANCE as of 8/31/18 Account # Account Description Total Budget - Original Total Budget - Revised Current Year Actual Budget Remaining 2110 - Police Department REVENUES 34777 Impact Rev - Multifamily -$ -$ 171,635 $ (171,635) $ 34780 Commercial Impact Revenue 20,000 $ -$ 86,036 $ (66,036) $ 34781 Residential Impact Revenue 176,436 $ -$ 315,319 $ (138,883) $ 36100 Interest Earnings -$ -$ 13,694 $ (13,694) $ Total REVENUES 196,436 $ -$ 586,684 $ (390,248) $ 55000 Professional Services -$ -$ 135 $ (135) $ TOTAL EXPENDITURES -$ -$ 135 $ (135) $ 2210 - Fire Department REVENUES 34777 Impact Rev - Multifamily -$ -$ 572,774 $ (572,774) $ 34780 Commercial Impact Revenue 60,000 $ -$ 302,038 $ (242,038) $ 34781 Residential Impact Revenue 500,000 $ -$ 1,054,724 $ (554,724) $ 36100 Interest Earnings -$ -$ 54,776 $ (54,776) $ Total REVENUES 560,000 $ -$ 1,984,312 $ (1,424,312) $ 54000 Equipment & Supplies 20,000 $ -$ -$ 20,000 $ 55000 Professional Services -$ 18,840 $ 417 $ 18,424 $ 92000 Cap Outlay - Bldgs & Structures 3,548,000 $ 423,500 $ 172,451 $ 3,799,049 $ 94120 Capital - Fire Trucks 718,500 $ (5,240) $ 72,778 $ 640,482 $ 94600 Capital - Communication Equipment -$ 31,240 $ 31,240 $ 0$ TOTAL EXPENDITURES 4,286,500 $ 468,340 $ 276,885 $ 4,477,955 $ 5200 - Parks & Recreation REVENUES 34777 Impact Rev - Multifamily -$ -$ 888,726 $ (888,726) $ 34781 Residential Impact Revenue 1,038,000 $ -$ 1,844,809 $ (806,809) $ 36100 Interest Earnings 15,000 $ -$ 126,002 $ (111,002) $ Total REVENUES 1,053,000 $ -$ 2,859,536 $ (1,806,536) $ 55000 Professional Services -$ 30,800 $ 674 $ 30,126 $ 55102 Investment Services -$ -$ 2,083 $ (2,083) $ 93415 Borup Property construction 156,699 $ -$ 1,538 $ 155,161 $ 96925 Keith Bird Legacy Park construction 1,268,970 $ (696,726) $ 290,926 $ 281,318 $ 96927 77 acre South Park 3,585,115 $ 335,411 $ 3,095,871 $ 824,655 $ 96928 Reta Huskey Park 1,104,773 $ (902,538) $ 124,574 $ 77,662 $ 96929 Hillsdale Park Construction 1,311,096 $ (762,415) $ 384,742 $ 163,939 $ -$ TOTAL EXPENDITURES 7,426,654 $ (1,995,467) $ 3,900,409 $ 1,530,778 $ TOTAL BUDGETED EXPENDITURES for FY2018 11,713,154 $ Dept FY2018 beginning fund balance FY2018 net change YTD Fund Balance YTD Police Department $ 1,172,284 586,550 $ 1,758,834 $ Fire Department $ 5,108,042 1,707,427 $ 6,815,470 $ Parks & Recreation $ 6,263,470 (1,040,873) $ 5,222,598 $ TOTAL IMPACT FUND BALANCE 12,543,797 $ 1,253,104 $ 13,796,901 $ 17 of 21 ImpactFundMeridian City Council Meeting Agenda October 2, 2018 – Page 236 of 580 18 of 21 OT Meridian City Council Meeting Agenda October 2, 2018 – Page 237 of 580 City of Meridian Volunteer Hours FY2018 for Month Ending 8/31/2018 Prior MONTH Parks General Police Fire Mayor Comm Dev Clerk Total Year October 956 70 156 333 396 62 42 2,015 2,970 November 409 73 86 166 319 31 40 1,122 1,683 December 706 73 128 74 214 56 20 1,271 2,317 January 299 70 116 41 283 35 32 875 1,083 February 318 70 129 202 462 67 39 1,287 1,376 March 471 70 136 39 225 69 42 1,052 1,146 April 846 70 120 29 270 68 30 1,433 1,159 May 1,179 70 148 40 689 67 40 2,233 1,697 June 806 64 126 34 191 59 37 1,317 1,735 July 890 60 106 12 52 85 32 1,237 1,441 August 861 48 129 35 421 72 48 1,614 1,739 September 0 TOTAL 7,741 738 1,379 1,005 3,521 670 402 15,455 18,346 GRAND TOTAL YTD 15,455 19 of 21 VolunteersMeridian City Council Meeting Agenda October 2, 2018 – Page 238 of 580 City of Meridian City of Meridian City of Meridian City of Meridian Vacancy Report September 6, 2018 Vacancy Report September 6, 2018 Vacancy Report September 6, 2018 Vacancy Report September 6, 2018 Position Position Position Position Position Number Position Number Position Number Position Number FTE FTE FTE FTE Fund Fund Fund Fund Department Department Department Department HR Status HR Status HR Status HR Status Position Vacant Date Position Vacant Date Position Vacant Date Position Vacant Date Position Posted Position Posted Position Posted Position Posted Date Date Date Date Position Start Position Start Position Start Position Start Date Date Date Date Public Works GIS Analyst 152 1 Enterprise PW Offer Pending 7/13/2018 7/5/2018 Not yet filled Development Analyst I 522 1 Enterprise PW No Request to Fill at This Time New position as of 10/01/2017 Not yet requested Not yet filled SCADA System Administrator 527 1 Enterprise PW Interviews in Progress New position FY18 Budget Amendment 3/12/2018 Not yet filled Well Technician I 561 1 Enterprise PW-Water Accepting Applications New Position as of 10/01/2018 8/29/2018 Not yet filled Collection System Technician 321 1 Enterprise PW-WW Offer Accepted 5/24/2018 5/26/2018 10/1/2018 Instrument Technician 322 1 Enterprise PW-WW Interviews in Progress 3/2/2018 3/5/2018 Not yet filled Instrument Technician 562 1 Enterprise PW-WW Accepting Application New Position as of 10/01/2018 8/29/2018 Not yet filled Wastewater Operator III 563 1 Enterprise PW-WW Accepting Applications New Position as of 10/01/2018 8/29/2018 Not yet filled Building Inspector I 531 1 General Building Accepting Applications Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Building Inspector I 532 1 General Building Accepting Applications Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Building Inspector II 533 1 General Building Offer Accepted New Position 05/08/2018 5/9/2018 TBD Building Plans Examiner I 536 1 General Building Accepting Applications Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Building Plans Examiner I 537 1 General Building Accepting Applications Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Building Plans Examiner II 538 1 General Building Accepting Applications Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Electrical Plans Examiner 539 1 General Building Accepting Applications Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Electrical Plans Examiner 540 1 General Building Accepting Applications Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Electrical Inspection Supervisor 541 1 General Building Offer Accepted New Position 05/08/2018 5/9/2018 9/10/2018 Electrical Inspector I 542 1 General Building Accepting Applications Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Electrical Inspector I 543 1 General Building Accepting Applications Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Electrical Inspector I 544 1 General Building Accepting Applications Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Electrical Inspector II 545 1 General Building Accepting Applications Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Administrative Assistant I - Electrical 546 1 General Building Only posting for Building Administrative Assistant at this time. New Position 05/08/2018 Not yet requested Not yet filled Customer Support Specialist 548 1 General Building Accepting Applications Interviews in Progress New Position 05/08/2018 5/9/2018 Not yet filled Deputy Chief Operations 227 1 General Fire Position Under Review 4/13/2018 4/16/2018 Not yet filled Fire Fighter 250 1 General Fire No Request to Fill at This Time 6/21/2018 Not yet requested Not yet filled Fire Fighter 271 1 General Fire No Request to Fill at This Time 6/21/2018 Not yet requested Not yet filled Fire Fighter 273 1 General Fire No Request to Fill at This Time 4/21/2018 Not yet requested Not yet filled Fire Fighter 378 1 General Fire No Request to Fill at This Time 7/2/2018 Not yet requested Not yet filled Administrative Assistant - PT Receptionist 551 0.5 General Fire No Request to Fill at This Time New Position as of 10/01/2018 Not yet requested Not yet filled Human Resources Generalist 550 1 General Human Resources No Request to Fill at This Time New Position as of 10/01/2018 Not yet requested Not yet filled Senior Maintenance Technician 504 1 General Parks Offer Pending New position as of 10/01/2017 6/26/2018 Not yet filled Recreation Camp Coordinator 507 0.5 General Parks No Request to Fill at This Time 8/16/2018 Not yet requested Not yet filled Homecourt Facility Specialist 552 1 General Parks No Request to Fill at This Time New Position as of 10/01/2018 Not yet requested Not yet filled Assistant City Planner (Current Planning) 101 1 General Planning Accepting Applications 9/21/2018 8/31/2018 Not yet filled CDGB Administrator 390 1 General Planning Accepting Applications Scheduling Interviews 7/26/2018 8/17/2018 Not yet filled Current Associate City Planner 549 1 General Planning Offer Accepted FY18 Budget Amendment 7/17/2018 7/22/2018 9/21/2018 Police Officer 32 1 General Police Background In Progress 10/21/2017 11/16/2017 Not yet filled Police Officer 37 1 General Police Background In Progress 11/2/2017 11/16/2017 Not yet filled Police Officer 336 1 General Police Background In Progress 10/21/2017 11/16/2017 Not yet filled Police Officer 341 1 General Police Background In Progress 3/15/2018 5/15/2018 Not yet filled Code Enforcement Officer 517 1 General Police Background In Progress New position as of 10/01/2017 6/26/2018 Not yet filled Public Information Safety Officer 553 1 General Police Accepting Applications New Position as of 10/01/2018 8/29/2018 Not yet filled Crime Prevention Specialist 554 1 General Police Accepting Applications New Position as of 10/01/2018 8/31/2018 Not yet filled NIBRS-CAU Analyst 555 1 General Police No Request to Fill at This Time New Position as of 10/01/2018 Not yet requested Not yet filled NIBRS-CAU Analyst 556 1 General Police No Request to Fill at This Time New Position as of 10/01/2018 Not yet requested Not yet filled Community Service Officer 557 1 General Police No Request to Fill at This Time New Position as of 10/01/2018 Not yet requested Not yet filled Community Service Officer 558 1 General Police No Request to Fill at This Time New Position as of 10/01/2018 Not yet requested Not yet filled Community Service Officer 559 1 General Police No Request to Fill at This Time New Position as of 10/01/2018 Not yet requested Not yet filled Community Service Officer 560 1 General Police No Request to Fill at This Time New Position as of 10/01/2018 Not yet requested Not yet filled TOTAL FTE TOTAL FTE TOTAL FTE TOTAL FTE 48 48 48 48 20 of 21 VacantPositions Meridian City Council Meeting Agenda October 2, 2018 – Page 239 of 580 Ci t y o f M e r i d i a n In t e r f u n d T r a n s f e r s FY 2 0 1 8 Ef f e c t i v e D a t e Ge n e r a l F u n d Enterprise Fund tr a n s f e r e x p e n s e t o E N T E R P R I S E F U N D ( w a t e r & s e w e r fu n d ) 15 % o f M a y o r ' s O f f i c e p e r s o n n e l c o s t s (e x c e p t M a y o r w a g e & b e n e f i t s ) t r a n s f e r t o E n t e r p r i s e F u n d FY 2 0 1 0 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 50 % o f F i n a n c e e x p e n s e s t r a n s f e r t o E n t e r p r i s e F u n d FY 2 0 0 0 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 50 % o f H R e x p e n s e s t r a n s f e r t o E n t e r p r i s e F u n d FY 2 0 0 2 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 50 % o f I T e x p e n s e s t r a n s f e r t o E n t e r p r i s e F u n d FY 2 0 0 4 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 50 % o f L e g a l e x p e n s e s t r a n s f e r t o E n t e r p r i s e F u n d FY 2 0 1 2 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 50 % o f I T C a p i t a l e x p e n s e t r a n s f e r t o E n t e r p r i s e F u d FY 2 0 1 6 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e tr a n s f e r C i t y H a l l c o s t s t o t h e f o l l o w i n g : 13 % F i r e D e p a r t m e n t i n t h e G e n e r a l F u n d FY 2 0 0 9 t r a n s f e r s a l l i n t h i s f u n d 8. 4 2 % P a r k s & R e c r e a t i o n i n t h e G e n e r a l F u n d FY 2 0 0 9 t r a n s f e r s a l l i n t h i s f u n d 12 . 9 2 % C o m m u n i t y D e v e l o p m e n t i n t h e G e n e r a l F u n d FY 2 0 0 9 t r a n s f e r s a l l i n t h i s f u n d 23 . 0 8 % P u b l i c W o r k s i n t h e E n t e r p r i s e F u n d FY 2 0 0 9 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e Pe r s o n n e l T r a n s f e r s : Bl d g D e p t M g r 5 0 % f r o m B u i l d i n g D e p a r t m e n t t o P u b l i c W o r k s F Y 2 0 0 9 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e Ca p i t a l P r o j e c t s M g r 5 0 % f r o m O t h e r G o v t t o P u b l i c W or k s FY 2 0 0 9 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e Co m m u n i c a t i o n s M g r 5 0 % f r o m O t h e r G o v t t o P u b l i c W o rk s FY 2 0 0 3 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e Ma y o r ' s A d m i n A s s t 5 0 % f r o m M a y o r ' s O f f i c e t o E c o n o m ic D e v e l o p m e n t F Y 2 0 1 5 t r a n s f e r s a l l i n t h i s f u n d St r a t e g i c A n a l y s t 5 0 % f r o m O t h e r G o v t t o P u b l i c W o r k s FY 2 0 1 8 ( r e d u c e s e x p e n s e ) i n c r e a s e s e x p e n s e 21 o f 2 1 Transfers Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 2 4 0 o f 5 8 0 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 6 O Project File Number: Item Title: AP Invoices for Payment 10/3/2018 $1,428,668.98 Meeting Notes:APPROVLU I TEM SHEET C ouncil Agenda I tem - 5.O. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 10/3/18 - $1,428,668.98 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices for Payment B ackup Material 9/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/27/2018 - 2:27 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 241 of 580 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-1 STAMP & MABEL'S LABELS magnetic name badge for D Gelsomino - qty 1 10.00 01 General Fund A-1 STAMP & MABEL'S LABELS Notary Stamp - Albertson 35.00 01 General Fund A-1 STAMP & MABEL'S LABELS Notary Stamps-KTabarini & B Freckleton 35.00 01 General Fund ABSOLUTE SECURITY OF IDAHO 8/31/18 Movie Night security at Settlers Park - qty 4 staff 272.00 01 General Fund ADA COUNTY SHERIFF'S OFFICE Phone Translation for Aug 2018 46.57 01 General Fund ADVANCE AUTO PARTS truck bedliner paint - qty 1 61.63 01 General Fund AIRE, INC 220/wildland pack straps, qty 5 71.50 01 General Fund ALLOWAY ELECTRIC CO.18-0510 CO1 to Ten Mile Street Light Enhancement, service to 610.98 01 General Fund AMERICAN PLANNING ASSOCIATION Fy19-10/1/18-9/30/18 P&Z APA mbrship 570.00 01 General Fund AMY MERRILL instructor fee - Inspired Dance Clinic 9/4-9/15/18 24.00 01 General Fund ASSOC OF IDAHO CITIES AIC Membership Dues FY19 10/1/18-9/30/19 26,647.00 01 General Fund BAUDVILLE 25 Year award for James Miller 99.45 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, 18-0517, Pole 41101c cleared out beehive 96.25 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Pole 29190C repair ballast, lamp, photo cell, fuse 265.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0517, pole 1788b, replaced ballast, lamp, phot cell, fuse 238.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0517, pole 40619c, replaced ballast, lamp, Photo cell 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0517, pole 41299, replaced fuse 84.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0517, pole 51600c auto switch was on override 90.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0517, pole on tree farm, adjusted head, installed dimmer 234.60 01 General Fund BOE - Boise Office Equipment Monthly black & color copies, XPN547404,324.70 01 General Fund BOISE FITNESS EQUIPMENT Maintenance Service performed on City Hall gym equipment 45.00 01 General Fund BONNEVILLE BLUE PRINT SUPPLY Discovery Park playground rendering on foam core - qty 1 25.50 01 General Fund BRIGHT IDEAS LIGHTING COMPANY Settlers Park electrical repairs 86.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/MF039, Oil, filter & service 60.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC A/C Recharge unit#139 183.42 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Adjust Hood Latch Unit # 129 42.50 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Battery Isolator for UNit # 131 117.62 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC brake repairs on fleet truck 14 - license C17279 287.70 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Engine Mount Replaced Unit # 142 416.33 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Front Brakes and Tires for Unit # 162 852.06 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Front Brakes for Unit # 142 439.06 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Front Brakes, Serpentine Belt & Oil Change for Unit # 157 715.86 Date: 9/27/18 02:51:19 PM Page: 1Meridian City Council Meeting Agenda October 2, 2018 – Page 242 of 580 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 BRUNEEL TIRE OF MERIDIAN LLC LOF, Power Steering Flush, Air Filter, Trans Flush Unit # 23 404.41 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Tires, Air Filter, Serpentine Belt, Battery, Pwr Steer 1,010.12 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Brake Warranty for Unit # 140 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Air Filter unit#20 72.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 104 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 48 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 60 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC oil change on Chevy Traverse, license C20505 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Air Filter, Alignment for Unit # 157 130.41 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Alignment for Unit # 143 124.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, ATF Svc and Tires for Unit # 159 769.50 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, ATV Service & Brake Flush for Unit # 524 225.41 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Cabin Filter & Air Filter for Unit # 119 94.91 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change, Tires, Air Filters for Unit # 99 640.78 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC tire servicing for fleet truck 8, license C18529 138.84 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Tires for Command Trailer 431.64 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC tires for fleet truck 14, license C17279 - qty 4 868.36 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC tires for fleet truck 6, license C18045 - qty 4 720.91 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Tires for Unit # 158 592.08 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Wiper Blades for Unit # 130 39.90 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Wiper Blades for Unit # 142 35.91 01 General Fund BSN SPORTS, INC.pickleball nets - qty 4 1,122.31 01 General Fund BSN SPORTS, INC.volleyballs & basketballs - qty 6 262.29 01 General Fund BUILDERS FIRSTSOURCE 220/50 furring strips for training use 83.98 01 General Fund CABLE ONE #112461900 City Hall cable service 9/16/18-10/15/18 42.00 01 General Fund CALLBACK STAFFING SOLUTIONS, LLC Support Plan less than 100 users (Monthly) Charges for this 39.99 01 General Fund CHARLIE BUTTERFIELD Per Diem: C. Butterfie, FORCE Conf., Sisters OR, 10/14/18-10 213.50 01 General Fund CINTAS Fill Med cabinet in breakroom on second floor 46.39 01 General Fund CITY OF BOISE 18-0534, FY18 Hefty Energy Bag (aka Orange Bag Program) x 15 10,740.00 01 General Fund CITY OF BOISE POLICE TRAINING Training Registration J.Miller/J.Lindley to Attend Training 150.00 01 General Fund CLOVERDALE NURSERY rock for Heroes Park - qty 2 yds 95.20 01 General Fund CLOVERDALE NURSERY sod for ADA repairs at Tully Park pathway - qty 30 8.70 01 General Fund COMMERCIAL TIRE 220/Rotate tires, MF040 58.00 01 General Fund COMPOST WEST, INC compost for Kleiner Park - qty 40 760.00 01 General Fund CURTIS CLEAN SWEEP INC parking lot striping for Seasons Park 165.00 Date: 9/27/18 02:51:19 PM Page: 2Meridian City Council Meeting Agenda October 2, 2018 – Page 243 of 580 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 CUSTOM GLASS, INC.Reseal Windows Above Patrol to Fix Leak 2,700.00 01 General Fund D & B SUPPLY bolts for John Deere 8800 mower #4 at Kleiner - qty 2 1.98 01 General Fund D & R ELECTRONICS knobs for slide switch on siron controllers - inventory 46.50 01 General Fund DASH MEDICAL GLOVES Latex Gloves 790.80 01 General Fund DEBEST PLUMBING, INC 220/replace kitchen faucet, st. 1 406.66 01 General Fund DYNA SYSTEMS cut off wheels & screws for Lanark Parks Shop - qty 625 374.74 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO lights for restrooms at all parks - qty 30 364.73 01 General Fund FERGUSON ENTERPRISES INC.Kleiner Park restroom plumbing parts - qty 10 1,272.10 01 General Fund FIREFIGHTERS BOOKSTORE 220/12 Art of Reading Buildings books 1,132.92 01 General Fund FISHER SCIENTIFIC 18-0416 220/15 Scott Regulators, 4 air packs, SCBA 19,289.55 01 General Fund FLAG STORE OF IDAHO, LLC various flags - qty 46 4,706.40 01 General Fund GARRETT WHITE Reimburse G. White, mileage 9/18/18-9/21/18 6.54 01 General Fund GARRETT WHITE Reimburse, G. White, mileage 8/23/18-9/17/18 27.80 01 General Fund GOVERNMENT FINANCE OFFICERS AS GAAFR book 239.00 01 General Fund GOVERNMENT FINANCE OFFICERS AS T. Lavoie, Better Budgeting, registration, webinar, 11/29/18 135.00 01 General Fund GOVERNMENT FINANCE OFFICERS AS T. Lavoie, GAAP Update, registration, webinar, 1/24/19 135.00 01 General Fund H.D. FOWLER COMPANY credit on drip fittings for Heroes Park - qty 100 (25.00) 01 General Fund H.D. FOWLER COMPANY credit on drip fittings for Heroes Park - qty 21 (26.76) 01 General Fund H.D. FOWLER COMPANY drip fittings for Heroes Park - qty 22 178.94 01 General Fund H.D. FOWLER COMPANY drip fittings for Heroes Park - qty 223 206.89 01 General Fund H.D. FOWLER COMPANY drip parts for Heroes Park - qty 298 306.71 01 General Fund H.D. FOWLER COMPANY irrigation fittings for Bear Creek Park - qty 9 130.58 01 General Fund HAWLEY TROXELL Copyright issues 561.00 01 General Fund HENRY SCHEIN MATRIX MEDICAL 220/2 trauma backpacks 576.46 01 General Fund HENRY SCHEIN MATRIX MEDICAL 220/AED Backpack 193.89 01 General Fund HENRY SCHEIN MATRIX MEDICAL 220/Pediatric ALS Medical trainer 784.51 01 General Fund HOME DEPOT CREDIT SERVICES 220/Tools, Training Div. pliers,bit set,knife,square,fileset 548.79 01 General Fund HOME DEPOT CREDIT SERVICES sales tax reversal reference invoice 5062439 (4.63) 01 General Fund HOME DEPOT CREDIT SERVICES Settlers Park shelter 2 power outlet parts - qty 4 78.00 01 General Fund HOME DEPOT CREDIT SERVICES Sponges and Dish Soap for PD 24.79 01 General Fund HOME DEPOT CREDIT SERVICES utility knife blades, bit set, misc. hardware, scrapers x 10 81.68 01 General Fund HORIZON DISTRIBUTORS INC air filters for equipment - qty 10 84.20 01 General Fund HORIZON DISTRIBUTORS INC throttle lever for Settlers Park trimmer repair - qty 1 2.08 01 General Fund IDAHO BRUSH CONTROL Abatement Property 4527 Arch 9/4/18 275.00 01 General Fund IDAHO CUSTOM WOOD PRODUCTS INC 18-0500 Council Chambers Woodwork Repair, service to 8/28/18 2,217.50 01 General Fund IDAHO POST ACADEMY Training Registration for K.Kinnaman to Attend Firearms 400.00 Date: 9/27/18 02:51:19 PM Page: 3Meridian City Council Meeting Agenda October 2, 2018 – Page 244 of 580 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 IDAHO STATE TREASURER City Of Meridian Unclaimed Property, 7/1/2017-6/30/2018 299.02 01 General Fund IDAHO STATESMAN Legal Notice auction 2004 Lexus M.Cogan 108.35 01 General Fund IDAHO TOOL & EQUIPMENT hammer drill/impact driver kit, impact wrench, allen wrench 505.85 01 General Fund IDAHO TRANSPORTATION DEPARTMENT New exempt license plate, 2019 Chevy Equinox, #137342 23.00 01 General Fund IDAHO TRANSPORTATION DEPARTMENT New exempt license plate, 2019 Chevy Equinox, #506920 23.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange on 9/18/18 250.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange on 9/4/18 250.00 01 General Fund INDEPENDENCE INDOOR SHOOTING 18-0266 Shooting Range Membership 4,730.00 01 General Fund INSIGHT ARCHITECTS, pa professional svcs for ADA Park Compliance Survey 7/1-8/31/18 4,950.00 01 General Fund INSIGHT PUBLIC SECTOR, INC.Antenna Plus AP-IBR1100-MOMO Antenna 1,276.17 01 General Fund INTERMOUNTAIN COMMUNICATIONS Portable Radio Repair 241.70 01 General Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas September 2018 641.65 01 General Fund INTERSTATE ALL BATTERY CENTER battery for fleet truck 24 - qty 1 126.90 01 General Fund ITsavvy LLC HP LaserJet Pro M402dne Printer-Monochrome-Duplex 179.57 01 General Fund JAYKER WHOLESALE NURSERY Ash & Red Oak trees for Heroes Park - qty 4 1,123.35 01 General Fund JAYKER WHOLESALE NURSERY plants for Heroes Park - qty 4 35.80 01 General Fund JAYKER WHOLESALE NURSERY plants for Heroes Park - qty 68 513.60 01 General Fund JAYKER WHOLESALE NURSERY plants for Heroes Park - qty 83 879.60 01 General Fund JAYKER WHOLESALE NURSERY plants for Heroes Park reclaimed bed - qty 97 968.60 01 General Fund JAYKER WHOLESALE NURSERY plants for Heroes Park relcaimed bed - qty 13 102.65 01 General Fund JAYKER WHOLESALE NURSERY trees for Gordon Harris Park - qty 2 499.00 01 General Fund JAYKER WHOLESALE NURSERY trees for Heroes Park - qty 5 557.85 01 General Fund JEFF LAVEY Per Diem: J. Lavey, IACP Training Conf.,363.00 01 General Fund JOE BONGIORNO Per Diem: J. Bongiorno, FORCE Conf., Sisters OR, 10/14/18-10 213.50 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP 18-0431, September 2018, Quarterly test and inspection CH 158.83 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP move 2 sprinkler heads to accomodate lighting in conf rm 180.00 01 General Fund KATHY DRURY-BOGLE, PHR PO18-0145 August 2018 BEST Development 1,800.00 01 General Fund KENDALL AUTO seatbelt replacement for recreation van 280.19 01 General Fund KIRBY GRAPHIX 220/5 pub ed banners for Fire Prevention month 583.90 01 General Fund KIRBY GRAPHIX 220/Hands Only CPR Banner, CPR program 95.26 01 General Fund KIRBY GRAPHIX 220/Pub Ed, Advertising/Promotional 100 sm towels w/ logo 800.00 Date: 9/27/18 02:51:19 PM Page: 4Meridian City Council Meeting Agenda October 2, 2018 – Page 245 of 580 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 KQXR, KJOT, KRVB, KTHI J105 radio ads for Block Party 8/27-9/15/18 - 32 spots 240.00 01 General Fund KQXR, KJOT, KRVB, KTHI K-HITS radio ads for Block Party 8/27-9/15/18 - 38 spots 380.00 01 General Fund KQXR, KJOT, KRVB, KTHI The River radio ads for Block Party 8/27-9/15/18 - 22 spots 200.00 01 General Fund KQXR, KJOT, KRVB, KTHI The River radio ads for Block Party 8/27-9/15/18 - 38 spots 380.00 01 General Fund KQXR, KJOT, KRVB, KTHI The X radio ads for Block Party 8/27-9/15/18 - 14 spots 200.00 01 General Fund KQXR, KJOT, KRVB, KTHI The X radio ads for Block Party 8/27-9/15/18 - 32 spots 400.00 01 General Fund KRISTY SWINNEY Chair Massages (15) Wellness Day 9/6/18 180.00 01 General Fund L.N. CURTIS AND SONS 220/2 swivel reducers for training 103.82 01 General Fund L.N. CURTIS AND SONS 220/Annual service on Hurst Extrication Equipment 1,280.00 01 General Fund LAFEVER ROOFING INC roof repairs at Tully Park 385.00 01 General Fund LASASCO INC.18-0495 220/Stainless steel sinks for hazmat rm FS#3 9,339.00 01 General Fund LAWN CO MAINTENANCE 18-0289 price code 1/landcape maintenance contract 9/2018 16,496.80 01 General Fund LAWN CO MAINTENANCE tree/stump removal & sprinkler repairs at contracted sites 1,181.51 01 General Fund LEXIPOL, LLC The One Year Law Enforcement Policy Manual Update Subscripti 5,247.00 01 General Fund LEXIS NEXIS On line legal research August, 2018 130.00 01 General Fund LION FIRST RESPONDER PPE, INC.220/Intelligent training system for fire extinguisher train 7,933.00 01 General Fund LOGAN SIMPSON DESIGN 18-0395 Comp Plan Consultants-foundation/visioning/draft,etc 12,122.80 01 General Fund LOWE'S replacement umbrella for City Hall Plaza - qty 1 58.90 01 General Fund LS REFEREEING 18-0346 2018 Fall Basketball refereeing - qty 24 480.00 01 General Fund M2M WIRELESS Parks Modem Service 8/17/18-9/16/18, 22 lines of service 215.86 01 General Fund MARK NIEMEYER Per Diem: M. Niemeyer, FORCE Conf., Sisters OR, 10/14/18-10 213.50 01 General Fund MERIDIAN DEVELOPMENT CORPORATION Idaho Ave., City agreed upon portion of Idaho Ave. stripping 555.00 01 General Fund MERIDIAN TROPHY 4 Plaques and engraving for picnic recognition awards 472.00 01 General Fund MERIDIAN TROPHY Labels for YOS clocks 13.00 01 General Fund MINUTEMAN, INC.Bower Street, re-key locks 8/28/18 105.00 01 General Fund MINUTEMAN, INC.Replacement keys for City Hall 35.80 01 General Fund MISTER CAR WASH PD Fleet Washes - Aug 2018 150.00 01 General Fund MODERN PRINTERS building services inspection tags 487.00 01 General Fund MODERN PRINTERS Business Cards for PD x3 90.00 Date: 9/27/18 02:51:19 PM Page: 5Meridian City Council Meeting Agenda October 2, 2018 – Page 246 of 580 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 MODERN PRINTERS citywide envelopes (multi-department use) x qnty 500 101.00 01 General Fund MODERN PRINTERS Meridian Art Week booklets x qnty 500 621.00 01 General Fund MOTION & FLOW CONTROL PRODUCTS filter pipe cap for Bear Creek Park pump house - qty 1 1.70 01 General Fund MOTOROLA 18-0497 220/mobile radio & portable radio 11,547.60 01 General Fund MOTOROLA Portable Radio Batteries x10 817.60 01 General Fund NAT'L CRIME INVESTIGATION & TR Training Registration for Crime Scene Investigation 1,270.00 01 General Fund NATURES CHOICE Settlers & Kleiner Parks pond treatments 1,125.00 01 General Fund NESMITH BROTHERS TOWING Evidence Tow 75.00 01 General Fund NESMITH BROTHERS TOWING Tow to Kendall Chevrolet for Engine Repair #524 75.00 01 General Fund NUTRIEN AG SOLUTIONS, INC.wedge speedchek tool x qnty 1 109.00 01 General Fund OFFICE DEPOT, INC.220/29 binders, 35 packs dividers for training 274.66 01 General Fund OFFICE DEPOT, INC.220/6 binders for ODP 43.14 01 General Fund OFFICE DEPOT, INC.220/paper, 10 binders 62.58 01 General Fund OFFICE DEPOT, INC.220/toner, 1 office, 2 FSC 358.25 01 General Fund OFFICE DEPOT, INC.calenders, sharpies, post-it notes, pens, planners 241.39 01 General Fund OFFICE DEPOT, INC.desk calendar 14.99 01 General Fund OFFICE DEPOT, INC.Monitor riser for kane 40.69 01 General Fund OFFICE DEPOT, INC.Office Supplies 35.23 01 General Fund OFFICE DEPOT, INC.paper clips 7.64 01 General Fund OFFICE DEPOT, INC.pens/post-its, paperclips, tape dispensers-general + 10932 59.81 01 General Fund OFFICE DEPOT, INC.perm tab for permit tech testing 6.75 01 General Fund OFFICE DEPOT, INC.sign frame - qty 1 6.19 01 General Fund OFFICE DEPOT, INC.Table top and legs 392.48 01 General Fund OFFICE TEAM 18-0318 Temp Vcs Records Retrention HY18 w/e 9/7 John Hale 517.72 01 General Fund OFFICE TEAM 18-0318 w/e 8/31 John Hale Contract Labor Records Retention 443.76 01 General Fund OFFICE TEAM 18-0318 w/e 9/14 John Hale Contract Labor Records Retention 388.29 01 General Fund OFFICE VALUE - MERIDIAN Chair-Mat for PD 59.99 01 General Fund ON THE SPOT CLEANERS #15 Dry Cleaning PD Uniforms 1,090.00 01 General Fund OXARC, INC.220/Refill 2 medical oxygen cylinders 16.30 01 General Fund PAIGE MECHANICAL GROUP, INC.toilet repairs at Homecourt 342.58 01 General Fund PARACLETE K-9 k-9 unit training, 10/15-10/18/18 3,000.00 01 General Fund PAUL'S MERIDIAN STINKER Emissions Test for Unit # 128 15.00 01 General Fund PAULA MIDDLETON Per Diem: P. Middleton, CALBO Education Workshop,221.00 01 General Fund PETERSON AUTO GROUP 18-0524, 2019 White AWD Chevy Equinox, VIN# 506920 24,484.00 Date: 9/27/18 02:51:19 PM Page: 6Meridian City Council Meeting Agenda October 2, 2018 – Page 247 of 580 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 PETERSON AUTO GROUP 18-0527 2019 White AWD Chevy Equinox, VIN# 137342 24,431.00 01 General Fund PITNEY BOWES GLOBAL FINANCIAL SERVICES, LLC. Postage Machine Lease 06/30/18-9/29/18 892.23 01 General Fund PORTAPROS, LLC portable toilets for Heritage ball fields 8/24/18 498.00 01 General Fund PORTAPROS, LLC portable toilets for Jabil Fields 8/27/18 498.00 01 General Fund REAL ANIMAL MANAGEMENT 18-0030 goose management services - August 2018 2,310.00 01 General Fund RED WING SHOES steel toed boots-Tyler Perot-Electrical Insp. Sup 178.49 01 General Fund REILLY CONSTRUCTION, LLC.Refund: Surety-2017-0071, Musick Auction, landscaping deposi 4,444.00 01 General Fund RODDA PAINT COMPANY Champion Park restroom door paint - qty 1 gallon 65.42 01 General Fund SHAWN HARPER Per Diem: S. Harper, IACP Training Conf.,363.00 01 General Fund SHERWIN-WILLIAMS CO.Paint for Roof Ladders 53.08 01 General Fund SHRED-IT USA, LLC.Document Shredding August 2018 155.60 01 General Fund SIGNS, ETC banners & sign for Block Party - qty 61 490.00 01 General Fund SIGNS, ETC Remove Police Graphics for Sale Unit #120 195.00 01 General Fund SIGNS, ETC Replace Graphics on Doors Unit # 162 1,044.00 01 General Fund SIGNS, ETC Traffic Box Art installs completed 9/10-9/14/18 - qty 3 1,572.00 01 General Fund SIMPLOT PARTNERS 18-0403 21-0-0 ammonium sulfate - qty 150 tote bags 3,580.72 01 General Fund SOLARWINDS Kiwi CatTools - Full Install 12 month Maintenance Renewal 213.00 01 General Fund SOLUTIONS TO GO Storage Boxes for Prescription Drugs 92.25 01 General Fund SOUTHEASTERN SECURITY CONSULTANTS, INC. background checks-volunteers & contracted instructors x 23 425.50 01 General Fund SPECIALTY CONSTRUCTION SUPPLY pay #2 (final) Main Street Market traffic control signage 1,000.00 01 General Fund STEVE REGAN CO.potting soil for downtown - qty 5 171.55 01 General Fund STEVE REGAN CO.potting soil for Heroes planter beds - qty 6 212.64 01 General Fund SUNBELT RENTALS mini skidsteer rental for Heroes Park 9/3-9/4/18 212.94 01 General Fund SYNCB/AMAZON 2-mouse pads w/gel wrist rest 13.90 01 General Fund SYNCB/AMAZON 220/20 center punches, 25 cable cutters, 1 caribiner 932.64 01 General Fund SYNCB/AMAZON 220/4 office chairs, ST. 4, 3 office chairs ST. 5 1,173.63 01 General Fund SYNCB/AMAZON 220/9 rescue folding pocket knives 68.97 01 General Fund SYNCB/AMAZON 220/one tactical folding rescue knife 7.77 01 General Fund SYNCB/AMAZON 3 mo. whiteboard planning calendar for Kevin Holmes 75.89 01 General Fund SYNCB/AMAZON Bldg evo project iPad cases, 3-hole punch, stpl rmvrs etc 216.04 01 General Fund SYNCB/AMAZON Desk Supply Organizers for Inspectors (6)94.50 01 General Fund SYNCB/AMAZON mesh desk organizer for Kari Hibbard 18.99 01 General Fund SYNCB/AMAZON refund of wrong product shipped r'cvd 8/24/18 (59.90) 01 General Fund SYNCB/AMAZON white board-Bldg evo project-wrong product shipped 59.90 Date: 9/27/18 02:51:19 PM Page: 7Meridian City Council Meeting Agenda October 2, 2018 – Page 248 of 580 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 SYNCB/AMAZON whiteboard replacement for wrong product shipped 8/22 59.90 01 General Fund SYRINGA NETWORKS, LLC 18-0041 Dark Fiber (4 Strands)1,150.00 01 General Fund SYRINGA NETWORKS, LLC Internet B/W (100MB)790.00 01 General Fund T-ZERS SHIRT SHOP T-Shirts for Treasure Valley Youth Safety Summit x qnty 200 1,450.00 01 General Fund TATES RENTS (GENERAL OFFICE)rototiller rental for Heroes Park 9/7/18 49.80 01 General Fund TENZINGA Tenzinga Performance Management Annual License Fee 480.00 01 General Fund THE BRYAN YAGER GROUP, LLC Five Disk Workplace Profiles & Comparison Reports 360.00 01 General Fund THE UPS STORE Postage to Mail Back Simon's Radio for Repair 11.16 01 General Fund THE UPS STORE Postage to Mail Evidence to Lab 47.32 01 General Fund TOLL BROS INC.Refund: A-2018-0282, A-2018-0283, fees not needed by client 519.00 01 General Fund TOTAL SYSTEM SERVICES Homecourt HVAC rooftop units 3 & 4 servicing 123.00 01 General Fund TRACY BASTERRECHEA Per Diem: T. Basterrechea, IACP Training Conf.,363.00 01 General Fund TRI STATE ELECTRIC, INC Changes and replace outlets and covers 816.24 01 General Fund TRI STATE ELECTRIC, INC Relocate Duplex Recepticles-raise to 30 inches 387.65 01 General Fund TRUEPOINT SOLUTIONS LLC TruePoint Services-August Avolve View Setup and Testing 600.00 01 General Fund ULTRA TOUCH CAR WASH Officer Took Unit #158 to have Shampoo after sick transport 15.00 01 General Fund UNIFORMS 2 GEAR 220/1 pr uniform boots, Brycyn Campbell 291.20 01 General Fund UNIFORMS 2 GEAR Armor Vent Kit for Lt. Harper 77.25 01 General Fund UNIFORMS 2 GEAR BDU Pants Damaged on Duty 18-4832 for Churchfield 88.23 01 General Fund UNIFORMS 2 GEAR BDU Pants Damaged on Dutyu 18-4832 - Jacob 88.23 01 General Fund UNIFORMS 2 GEAR Handcuffs for Inventory to Issue as Needed 60.00 01 General Fund UNIFORMS 2 GEAR Pants & shirt Replaced due to Damaged on Duty 158.87 01 General Fund UNIFORMS 2 GEAR Shirt for Demonstration & Approval for CSD Uniform 75.68 01 General Fund UNIFORMS 2 GEAR Test Wear Uniform for Lt. Harper 25.00 01 General Fund VLCM Aruba Instant IAP-305 WRLSS AP Access Point 802.11a/b 2,251.56 01 General Fund VLCM Request VCT Engineering Services to Assist with Voicemail Is 1,270.00 01 General Fund WAHOOZ FAMILY FUN ZONE 9/21/18, MUBS & Finance team building event 76.61 01 General Fund WEIDNER & ASSOCIATES 18-0383 220/8 sections 1in x 100ft yellow booster hose 3,080.00 01 General Fund WEIDNER & ASSOCIATES 18-0391 220/E-34 mounting equipment 317.75 01 General Fund WEST ADA SCHOOL DIST Refund: overcharge on C-NEW-2018-0058, Orig CR18-556 9/17/1 1.00 01 General Fund WIENHOFF & ASSOCIATES, INC PO18-0196 Drug & Alcohol Testing August 2018 315.00 Date: 9/27/18 02:51:19 PM Page: 8Meridian City Council Meeting Agenda October 2, 2018 – Page 249 of 580 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 WIZZ SYSTEMS, LLC ID Parsing SDK Annual Support Plan (25%of original SDK Purch 625.00 01 General Fund WW GRAINGER, INC 220/2 replacement saw blades 108.30 01 General Fund WW GRAINGER, INC 220/6 tarps, equipment 122.82 01 General Fund WW GRAINGER, INC 220/Batteries, St. 5 124.52 01 General Fund WW GRAINGER, INC 220/Floor squeegies, 3 97.26 01 General Fund WW GRAINGER, INC 220/Training, safety equipment 142.31 Total 01 General Fund 283,895.61 07 Impact Fund ANVIL FENCE CO 18-0234, Pay AP #4, BP3 Fencing & Gates South Meridian Regio 13,775.00 07 Impact Fund BUSY BEE SAND & GRAVEL, INC.drain rock for Discovery Park - qty 3.71 cu yds 53.80 07 Impact Fund DEBEST PLUMBING, INC 18-0242, Pay Ap #7, BP14 Plumbing - South Meridian Regional 27,001.25 07 Impact Fund FISHER SCIENTIFIC 18-0416 220/15 Scott Regulators, 4 air packs, SCBA 23,624.56 07 Impact Fund FRANZ WITTE LANDSCAPE 18-0233, Pay AP #6, BP2 Landscaping South Meridian Regional 66,500.00 07 Impact Fund IDAHO POWER CO Work Order #27512552, Install Street Lighting along 6,744.00 07 Impact Fund KREIZENBECK, LLC 18-0223 CM svcs & gen conditions-Discovery Park pay #8 43,607.01 07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/18in 1.5 HP Vari speed super vac fan, E36 2,134.00 07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/E-36 Eq,60 degree angle elbow,06310005AKR 240.00 07 Impact Fund L.N. CURTIS AND SONS 18-0484 220/E36 Equip, Fire Hose, 24 sections 9,384.80 07 Impact Fund LANDON ENTERPRISES 18-0249, Pay AP #4, BP4 - Concrete - South Meridian Regiona 51,499.50 07 Impact Fund POWER PLUS, INC.18-0243, Pay Ap #5, BP16 Electrical - South Meridian Region 58,251.62 07 Impact Fund RAFTELIS 18-0454, FY18 Impact Fee Update, services from 8/1/18-8/31/1 9,715.52 07 Impact Fund RICE FERGUS MILLER INC 18-0313 220/concept design ST. 6, 1st contract 5,780.50 07 Impact Fund RICE FERGUS MILLER INC 18-0501 220/2nd phase design services, ST. 6 57,214.53 07 Impact Fund SPF WATER ENGINEERING, LLC 15-0468 prof services Borup Park well & pump - August 2018 411.75 07 Impact Fund STRATA, INC.18-0306 materials testing for Discovery Park 7/16-8/29/18 3,278.75 07 Impact Fund STRATA, INC.220/Groundwater monitoring for Fire St. 6 land 125.00 07 Impact Fund SYNCB/AMAZON 220/Binoculars & traffic cones for E-36 144.80 Date: 9/27/18 02:51:19 PM Page: 9Meridian City Council Meeting Agenda October 2, 2018 – Page 250 of 580 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 07 Impact Fund THE LAND GROUP, INC.16-0355 A&E services for Discovery Park - August 2018 15,281.25 07 Impact Fund TITLE ONE CORP title insurance for Hillsdale Park 2,569.00 Total 07 Impact Fund 397,336.64 20 Grant Fund governmental ADA COUNTY HOUSING AUTHORITY 18-0272 CDBG Grant - ADA County Housing Authority PY17 10,000.00 20 Grant Fund governmental NEIGHBORWORKS BOISE LENDING 18-0265 CDBG Grant - NeighborWorks Boise Agreement PY17 10,000.00 Total 20 Grant Fund governmental 20,000.00 60 Enterprise Fund 2M COMPANY 3-wire float switch electrical control w/20ft cable 40.50 60 Enterprise Fund 2M COMPANY Returned storage pressure tank (355.77) 60 Enterprise Fund 2M COMPANY Storage pressure tank for DI system in Lab 355.77 60 Enterprise Fund A-1 STAMP & MABEL'S LABELS Notary Stamps-KTabarini & B Freckleton 35.00 60 Enterprise Fund ANALYTICAL LABORATORIES INC.Misc Water Sampling FY18 Qty 103 1,565.60 60 Enterprise Fund ANALYTICAL LABORATORIES INC.Reuse water testing (3 tests)75.00 60 Enterprise Fund ASSOC OF IDAHO CITIES AIC Membership Dues FY19 10/1/18-9/30/19 13,323.40 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0090, Statement 9/5/18 & Delinquent Notices Services 9/10 13,340.75 60 Enterprise Fund BOISE FITNESS EQUIPMENT Preventative maintenance on fitness equipment 45.00 60 Enterprise Fund BOISE MOBILE EQUIPMENT, INC Light Bar Purchase Valve Truck C20663 2,242.00 60 Enterprise Fund BONNEVILLE INDUSTRIAL SUPPLY Wasp & hornet spray (24 qty)128.40 60 Enterprise Fund BUSINESS MANAGEMENT DAILY 1 yr. renewal, Executive leadership, S. Deardorf, FY18 107.00 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0384, service through 8/31/18, WRRF Headworks upgrades 8,823.65 60 Enterprise Fund CH2M HILL ENGINEERS, INC 18-0070, service through 8/31/18, WRRF Capacity Exp 3,466.22 60 Enterprise Fund CH2M HILL ENGINEERS, INC 18-0180 Labor for SCADA project mgmt (60 hrs)8,742.32 60 Enterprise Fund CH2M HILL ENGINEERS, INC 18-0462, service through 8/31/18, SCADA upgrades 11,519.64 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0130, ACHD Linder Rd. service 8/1-8/31/18 2,707.82 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0132, ACHD Linder RD, service 8/1-8/31/18 666.82 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0167, Water Main replacement Chateau, 8/1/18-8/31/18 667.92 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0334, Water main Victory Rd, service 8/1-8/31/18 13,865.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0438, Sewer Main replacement Chateau, 8/1-8/31/18 2,477.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0446, Sewer Replacement CIPP, service 8/1-8/31/18 3,112.00 Date: 9/27/18 02:51:19 PM Page: 10Meridian City Council Meeting Agenda October 2, 2018 – Page 251 of 580 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 CIVIL SURVEY CONSULTANTS Franklin Rd. interconnect with Suez, service 8/1-8/31/18 2,212.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS Well 33 property pins,445.00 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY DC in relay to repair PLC on blower in biotower 1 823.44 60 Enterprise Fund COMMERCIAL TIRE Signature Oil Change, 60k Miles Service C13732 337.50 60 Enterprise Fund CONDOC Construction billing services,multiple projects thru 8/31/18 199.96 60 Enterprise Fund CORE & MAIN LP Hydrant Parts Qty 7 285.75 60 Enterprise Fund CUES Labor & parts to repair camera on CCTV Van 2 (6 hrs)1,195.93 60 Enterprise Fund CUES Labor & parts to repair CCTV Van 1 camera (2 hrs)317.83 60 Enterprise Fund CUES Longhead screws for CCTV Van camera (4 qty)97.22 60 Enterprise Fund CUES Reg, K. Slack & R. Powers, CUES Technical School, Draper UT, 1,200.00 60 Enterprise Fund CUES Returned motor kit for camer transporter (1,085.50) 60 Enterprise Fund CUES Returned motor kit for camera transporter (1,085.50) 60 Enterprise Fund CUES Returned repair kit, cable assy & tow cable (9 qty)(933.48) 60 Enterprise Fund CUES Wireless controller for CCTV Van 1 222.87 60 Enterprise Fund D & B SUPPLY Safety boots for WMusick 194.99 60 Enterprise Fund DAVID & CAROL BURGARD Refund: wat/sewer/trash, #25951512-02, 3939 W. Hearst St., 150.00 60 Enterprise Fund DC ENGINEERING 17-0405, service through 8/15/18, WRRF Electrical Design 5,775.00 60 Enterprise Fund DC ENGINEERING Labor for safety labeling & SCADA screen issues on gate 655.00 60 Enterprise Fund DEPT OF HEALTH & WELFARE Chlorophyll testing (18 tests)1,350.00 60 Enterprise Fund DIGLINE, INC.Digline Monthly Tickets Qty 1225 2,189.17 60 Enterprise Fund DON & DARLA CUMMINGS Refund: wat/sewer/trash, #13138902-04, 2702 N. Sweetwood Ave 30.23 60 Enterprise Fund EAGLERISE POWER SYSTEMS Refund: wat/sewer/trash, #22500724-03, 364 E. Washington, 131.77 60 Enterprise Fund EVOQUA WATER TECHNOLOGIES, LLC.Lab DI water maintenance agreement for Aug 2018 582.24 60 Enterprise Fund EWING CO., INC.18-0354,Well 32 construction sevices 8/1-8/31/18 70,790.68 60 Enterprise Fund EWING CO., INC.18-0447, WRRF Headworks, service 8/1-8/31/18 475,120.00 60 Enterprise Fund EXECUTRAIN OF IDAHO Excel for Beginners registration for GHarris & TParks online 261.00 60 Enterprise Fund FASTENAL COMPANY HCS 3/8, Nylock, S&D Dr Qty 101 36.88 60 Enterprise Fund FASTENAL COMPANY LG Nitrile Gloves Qty 10 60.47 60 Enterprise Fund FERGUSON ENTERPRISES INC.18-0522 3inch Hydrant Meters Qty 10 13,480.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.18-0522 New Capital Dual Port M520M MXU Qty 73 12,637.03 60 Enterprise Fund FERGUSON ENTERPRISES INC.Credit for Return of Alum Pipe Wrnch & Alum OS Pipe Wrench (133.25) Date: 9/27/18 02:51:19 PM Page: 11Meridian City Council Meeting Agenda October 2, 2018 – Page 252 of 580 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 FISHER SCIENTIFIC Latex gloves-size small (2 cs)221.40 60 Enterprise Fund FLORENCE JACKSON & KELLY HAUGE Refund: wat/sewer/trash, #14197766-05, 2633 N. Englewood Way 34.03 60 Enterprise Fund GIESLER AUTO REPAIR Repair Wire Trailer for Rear Jacks A15392 579.87 60 Enterprise Fund GLASS DOCTOR Replace windshield in Inspection vehicle C19159 302.13 60 Enterprise Fund H.D. FOWLER COMPANY Valve Repair Parts Shaft Retainer, Shaft Support, Shim Washe 399.32 60 Enterprise Fund HACH COMPANY Ammonia TNT + ULR, Nitrate TNT + HR (18 qty)994.29 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Knee Pads Qty 1 9.97 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Rust paint Gloss Blk, Red Primer Paint Qty 14 54.90 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Sash chain (10 qty)8.70 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Shelves for confined space unit (2 qty)378.00 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Window & door for confined space unit (2 qty)272.00 60 Enterprise Fund IDAHO STATE TREASURER City Of Meridian Unclaimed Property, 7/1/2017-6/30/2018 3,314.64 60 Enterprise Fund INSTRUMENT TECHNOLOGIES INC.Labor to repair flow meter at 5 mile creek 697.50 60 Enterprise Fund INTERMOUNTAIN GAS 098-162-3000-8 Intermountain Gas September 2018 1,283.34 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER Spring top lantern for flow meter (4 qty)9.36 60 Enterprise Fund ITsavvy LLC HP LaserJet Pro M402dne Printer-Monochrome-Duplex 179.57 60 Enterprise Fund JACK HENRY & ASSOCIATES INC Bank Fees August 2018 610.03 60 Enterprise Fund JARED RAMSEY Refund: wat/sewer/trash, #25951103-02, 992 N Casa Loma 30.72 60 Enterprise Fund LAWN CO MAINTENANCE 18-0290/18-0368 price code 2/landscape maint contract 9/2018 2,714.60 60 Enterprise Fund METROQUIP, INC.Overhaul kit to rebuild & replace seals on vactor hydroclean 166.20 60 Enterprise Fund MIDPOINT BEARING Bearings & seal to repair fermentation grinder (4 qty)75.88 60 Enterprise Fund MOTION INDUSTRIES, INC Keyless bushings (2 qty)679.35 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0116, service through 8/31/18, Well 28 treatment 4,822.50 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0169, services through 8/31/18, WRRF Centrate Modif 210.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0388 FY18 Water Quality Evaulation Task Order 10921 8,088.75 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Copper fittings to repair pump 2, N. Black Cat lift station 67.59 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Extension cords for shop (2 qty)189.35 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Mill bit sets (2 qty)245.99 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Pressure washer 1,502.52 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.PVC pipe & parts for CL2 pump piping (52 qty)161.22 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Screw gun bit set 45.20 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Snap ring pliers 357.22 Date: 9/27/18 02:51:19 PM Page: 12Meridian City Council Meeting Agenda October 2, 2018 – Page 253 of 580 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 O'REILLY AUTO PARTS Gastet material to repair fermentation grinder 3.81 60 Enterprise Fund OFFICE DEPOT, INC.Notebooks, Label, Flash USB, Memo Pad Qty 27 113.03 60 Enterprise Fund OFFICE DEPOT, INC.Pads 4.68 60 Enterprise Fund OFFICE DEPOT, INC.Post-its, labels 14.52 60 Enterprise Fund OFFICE DEPOT, INC.Steno Note Pads, Duster, Picture Frame Qty 11 138.91 60 Enterprise Fund OFFICE VALUE - MERIDIAN 2 inch view binder 2.86 60 Enterprise Fund OFFICE VALUE - MERIDIAN Certificate covers 63.19 60 Enterprise Fund OFFICE VALUE - MERIDIAN Report covers (12 qty)36.00 60 Enterprise Fund OXARC, INC.18-0091 Sodium Hypochlorite Delivery Qty 2060 3,399.80 60 Enterprise Fund PACIFIC BACKFLOW 18-0051 Backflow Device Testing Services Qty 1 23.00 60 Enterprise Fund PACIFIC NW CLEAN WATER ASSN PNCWA Conference, registration, Boise ID, October 2018 2,040.00 60 Enterprise Fund PARK PLACE PROPERTY MANAGEMENT Refund: wat/sewer/trash, #03180108-02, 5161 N. Dove Rdige Pl 44.54 60 Enterprise Fund PLATT ELECTRIC SUPPLY Gauge jack chain (100ft) & flat hanger screws (12 qty)44.03 60 Enterprise Fund PLATT ELECTRIC SUPPLY Weather resistant GFCI receptacle & PVC bell ends (12 qty) 230.08 60 Enterprise Fund ROBERTSON SUPPLY, INC.Grundos Pump Valve Kit Qty 3 5,586.79 60 Enterprise Fund ROBERTSON SUPPLY, INC.Grundos Repair Kit, Grundos Dosing Head Qty 4 4,560.88 60 Enterprise Fund RUSH TRUCK CENTERS Install of Resistor on Brake Light C20663 327.45 60 Enterprise Fund RUSH TRUCK CENTERS Labor for diagnosis on camel hydrocleaner 270.00 60 Enterprise Fund SHRED-IT USA, LLC.Document Shredding August 2018 136.27 60 Enterprise Fund STETSON HOMES Refund: wat/sewer/trash, #07041620-01, 2247 E. Trail Blazer 179.37 60 Enterprise Fund SYNCB/AMAZON Black light bug zapper bulbs (3 qty)41.22 60 Enterprise Fund SYNCB/AMAZON Document holder 43.99 60 Enterprise Fund SYNCB/AMAZON Mechanical pencils (2 pkg)16.93 60 Enterprise Fund SYNCB/AMAZON Qty 2 space heaters 99.98 60 Enterprise Fund T-ZERS SHIRT SHOP Embroidery logo on hi-vis clothing for EMunoz (9 qty)54.00 60 Enterprise Fund T-ZERS SHIRT SHOP Hats & beanie for JMahr & EMunoz (4 qty)47.00 60 Enterprise Fund TERRACON CONSULTANTS 18-0354, service through 9/1/18, Well 32 pumping 1,447.50 60 Enterprise Fund TETRA TECH 18-0320, Community rating system tech support 7/31/18 1,330.00 60 Enterprise Fund THE BRYAN YAGER GROUP, LLC Five Disk Workplace Profiles & Comparison Reports 90.00 60 Enterprise Fund UNIVAR Sodium bicarbonate for digester 5 treatment (45 bgs)803.43 60 Enterprise Fund UNIVAR Sodium bicarbonate for digester dosing (55 bags)1,033.08 60 Enterprise Fund USA BLUEBOOK PSI transducer to repair level transducer at Gregory LS 644.22 60 Enterprise Fund USA BLUEBOOK Submersible level transmitter w/60ft cable 507.25 60 Enterprise Fund WAHOOZ FAMILY FUN ZONE 9/21/18, MUBS & Finance team building event 267.77 Date: 9/27/18 02:51:19 PM Page: 13Meridian City Council Meeting Agenda October 2, 2018 – Page 254 of 580 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 WAYNE M. & CYNTHIA WILLIAMS Refund: wat/sewer/trash, #23013520-02, 830 NW 2nd St., 50.91 60 Enterprise Fund WILLIAM & SARAH TILMAN Refund: wat/sewer/trash, #23023200-04, 625 W. Carlton Ave., 164.83 60 Enterprise Fund WW GRAINGER, INC Deionized H2O ACS Litter Qty 1 19.88 60 Enterprise Fund XEROX CORPORATION - PASADENA 8TB576316 b/w (2,129 qty) & color (97 qty) images 15.50 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7658362 monthly copier lease for Aug 2018 139.62 60 Enterprise Fund XYLEM WATER SOLUTIONS USA, INC Flygt mixer oil housing 199.00 Total 60 Enterprise Fund 727,436.73 Report Total 1,428,668.98 Date: 9/27/18 02:51:19 PM Page: 14Meridian City Council Meeting Agenda October 2, 2018 – Page 255 of 580 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 7 Project File Number: Item Title: Items Moved From Consent Agenda Meeting Notes: City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 8 A Project File Number: Item Title: Mayor's Youth Advisory Council Update Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: Estimated Time f or P resentation: Title of I tem - M ayor's Youth Advisory Council Update C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Mayors Office Coles, C.J ay Approved 9/27/2018 - 3:23 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 256 of 580 MYAC Update October 2, 2018 www.meridiancity.org www.meridiancity.org Executive Council 2018-19 www.meridiancity.org Logan Denen MYAC Chair Ben Hutchins Vice Chair Kaitryn Neely Secretary Executive Council 2018-19 www.meridiancity.org Jared Gonzales Communications Coordinator Abbey Hutchins Social Coordinator Britton Davis Government Affairs Chair Executive Council 2018-19 www.meridiancity.org Shayna Thomas Teen Activities Committee Chair Colton Hawkins Community Service Chair Amber Graves Government Affairs Vice Chair Executive Council 2018-19 www.meridiancity.org Jaelahna Coursey Teen Activities Committee Vice Chair Erina Fuhriman Community Service Vice Chair Chloe Robbins Renaissance Ambassador Executive Council 2018-19 www.meridiancity.org Sydney Fischer Rocky Mountain Ambassador Kourtney McBride Meridian Ambassador Jacob Francis At -Large Ambassador Executive Council 2018-19 www.meridiancity.org Jackson Jones At -Large Co-Ambassador Warren Johnson Mountain View Ambassador 2018-19 MYAC Advisors www.meridiancity.org Renee White Teen Activities Committee Advisor Dom Gelsomino Government Affairs Advisor Jodi St-Martin Lead MYAC Advisor 2018-19 MYAC Advisors www.meridiancity.org Stephany Galbreaith Community Service Advisor Macey Snelson Community Service Advisor Ashlyn Miller Community Service Advisor Youth on Commissions www.meridiancity.org Jackson Jones- Parks and Rec Kourtney McBride – Historical Preservation Charlene Pederson – Transportation Kickoff Event www.meridiancity.org Schools Represented www.meridiancity.org Movie Night www.meridiancity.org Dutch Bros CPR Day www.meridiancity.org Treasure Valley Youth Safety Summit www.meridiancity.org The Farmstead www.meridiancity.org Middle School Safety Summit www.meridiancity.org Trunk Or Treat www.meridiancity.org Upcoming MYAC Event – October 25! City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 1/0/A Project File Number: Item Title: Community Development: Bike Share Program Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: Estimated Time f or P resentation: Title of I tem - C ommunity Development: B ike S hare Programs D iscussion about B ike Share P rograms, such as L imeBike, which recently launched in the city. C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 9/28/2018 - 2:24 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 580 of 580 �E IDIAN IDAHO MEMORANDUM DATE: October 2, 2018 TO: Mayor Tammy de Weerd City Council Members FROM: Bill Nary, City Attorney RE: Lime Service Agreement I. INTRODUCTION Mayor Tam my de Weerd City Council Members: Luke Cavener Joe Borton Ty Palmer Genesis Milam Treg Bernt Anne Little Roberts When LimeBike, now Lime, through their representative Megan Colford, approached the City on the spring of 2018 they made the following statements that the City Council appreciated, noted, and expected to be done in some fashion. • "We try to do a lot of education up front anytime that we launch." • "I would start with the number about like 200 and maybe 50% of those E products and a hundred — that's about 50 percent. So, a hundred of those regular bikes." • Stated that they can put in some specific messages in the app to make is cover local laws. No conversation about that. • "Before we launch we would get in touch with like — places like The Village and make sure that everyone is aware there we wouldn't want to deploy bikes there without business owners, business operators knowing" • "We want to make sure that it is really going to be successful when we do launch. So, if there is anything — any concerns from any of the communities we would be okay to delay that if needed to make sure that it, you know, all comes together in a nice way." • Councilmember Cavener comments "Support from the highway district is, obviously, I think key, because it's their — their roadway. The other piece that I would be interested to know about and we talked about this in the transportation commission is the feedback from our school districts. They are obviously, a very large partner with our community and making sure that this isn't something that they feel the now have to figure how to adjust and support — to me would be really beneficial to know before I would want to make a decision." Megan "Absolutely." City Attorney's Office ■ 33 E. Broadway Avenue, Suite #306 ■ Meridian, ID 83642 Phone 208-898-5506 0 www.meridiancity.org Since Launching in Meridian: 3,000+ Trips on Lime S Over 1,700 Meridian Residents have tried Lime 1,000 trips on Friday; 1,000 throughout the weekend (after a significant fleet reduction) Meridian Staff will have access to a real-time dashboard with aggregate data Lime's Current Plan: We have reduced our fleet this week to spend increased time on outreach and education, and are hosting several "office hours" including one on Saturday, 10/6. Our deployment focuses on the City Core, and we have reached out to the Downtown Business Association, the Police Department, the Village, and several other Community Groups. Operations: • Fully -staffed team responds to Customer Service Requests within 15 minutes (on average) • Locally -hired team includes: 0 12 Mechanics 0 12 Operations Specialists • All scooters are picked up daily for re -charging and re -deployed the next morning, ensuring a clean operation and easily adjustable deployment. Safety and Education: • Lime staff on the ground in high -traffic areas to answer questions and give safety reminders • In -app education for every rider: 3IrONE wAY ONE way AL1/ Always follow helmet laws Park properly by curbside Do a pre -ride safety check Always follow traffic laws Community Events - Afford Brand Ambassadorship Around Proper Safety and Scooter Etiquette: • Witches Night Out - The Village • Meridian Trunk or Treat • Food Truck Roundup - Settlers Park • Saturday 10/6 - Lime "office hours" at Centennial Park, 11 am - 3pm; Drop by to demo a scooter, get questions answered, and meet Lime Staff! City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 9 A Project File Number: H-2018-0079 Item Title: Burlingame Subdivision (H-2018-0079) Request to Schedule Public Hearing for November 7., 2018 for Burlingame Subdivision H-2018-0079 by Yuriy Mukha, located at NW Corner of West Cherry Ln. and N Black Cat Rd. 1. Request: Rezone of property from R-4 (18.994 acres) to R-8; and 2. Request: Preliminary Plat consisting of 74 single-family residential building lots and 14 common lots on 18.994 acres of land in a proposed R-8 zoning district; and 3. Request: Modify an existing Development Agreement to allow for additional residential and common lots, to allow for R-8 zoning and to change certain other provisions of the agreement 4. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Estimated Time f or P resentation: Title of I tem - Request to S chedule P ublic Hearing for November 7, 2018 for Burlingame Subdivision H-2018-0079 by Yuriy M ukha, L ocated at NW C orner of West Cherry L n. and N B lack C at Rd. C lick H ere for Application M aterials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo Cover Memo 9/28/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/24/2018 - 9:30 A M Meridian City Council Meeting Agenda October 2, 2018 – Page 257 of 580 City Clerk’s Office 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 Fax 208-888-4218 www.meridiancity.org September 28, 2018 MEMORANDUM TO: Mayor and City Council FROM: C.Jay Coles, City Clerk RE: Burlingame Subdivision Agenda Item This is not a traditional public hearing item. The applicant requested a waiver to MCC 11-5A-6G5 which reads, in part, “For applications where the commission is acting as a recommending body, the commission shall forward its recommendation to the council within forty five (45) days.” The request was to waive the requirement and schedule the hearing for November 7, 2018. The code does not allow for a waiver to this requirement. This item is appearing on the agenda to meet this code section while also allowing the applicant to request the scheduling date of November 7, 2018 for the hearing. Doing so in this way keeps the process and code intact without presenting a deficiency. Meridian City Council Meeting Agenda October 2, 2018 – Page 258 of 580 City Council Meeting September 25, 2018 Item #8H: Oaks South Subdivision No. 5 (Lot 2, Block 14 and Lot 2, Block 12) - Vacation Item #8I: Belveal Subdivision Site Plan Short Plat Landscape Plan Conceptual Building Elevations Item #8J: Gramercy Medical Office Building Changes to Agenda: Changes to Agenda: Item #9A: Burlingame Subdivision – The applicant is requesting to be continued to November 7th in order to be in attendance at the public hearing. Item #9D: Bainbridge Franklin – Applicant requests continuance to November 7th in order to address the concerns that were raised by staff and the Planning and Zoning Commission. Item #9B: Earl Glen Subdivision (H-2018-0094) Application(s): Time Extension for Preliminary Plat & Conditional Use Permit Size of property, existing zoning, and location: This site consists of 4.65 acres of land, zoned R-8 & R-15, located at 1780 E. McMillan Rd. History: In 2015, this property was rezoned and a preliminary plat & CUP was approved for the construction of 17 SFR homes & 16 multi-family units; a DA was required as a provision of the rezone. In 2017, a one-year time extension was approved by the Director on the preliminary plat & CUP. Summary of Request: Request for a 2-year time extension on the preliminary plat in order to obtain the City Engineer’s signature on the final plat AND commence the multi-family residential use approved with the CUP. This is the 2nd time extension. As part of the extension the UDC grants the Council authority to require compliance with the most current provisions of the UDC. Therefore, Staff recommends (2) new conditions of approval as provisions of the requested time extension as follows: 1.) Future development shall comply with the design standards in the Architectural Standards Manual; 2) Comply with Public Works Supplemental, Specification and Drawings. Staff Recommendation: Approval with conditions in report Written Testimony: None (Penelope Riley, the Applicant, did verbally say she is in agreement with the staff report) Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0094, as presented in the staff report for the hearing date of October 2, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0094, as presented during the hearing on October 2, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0094 to the hearing date of ____________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #9D: San Gorgonio Subdivision (H-2018-0092) Application(s): Short Plat Size of property, existing zoning, and location: This site consists of 1.23 acres of land, zoned R-8, located east of S. Meridian Rd., midway between Overland & Victory Rds. at 200 E. Rosalyn Court. History: In 2005, this property was annexed & a preliminary plat and final plat was approved for Larkspur Subdivision No. 2 consisting of 47 SFR building lots & 5 common lots on 10.3 acres of land. Comprehensive Plan FLUM Designation: LDR Summary of Request: The proposed short plat consists of 4 building lots on 1.23 acres of land in the R-8 zoning district and is a re- subdivision of Lot 9, Block 4 of Larkspur Subdivision No. 2. The existing home will remain on a lot in the proposed subdivision & will continue to have direct access via E. Rosalyn Drive; the other 3 lots will be accessed via a common driveway from Rosalyn. Written Testimony: Steve Arnold, Applicant’s Representative (in agreement w/staff report) Staff Recommendation: Approval w/conditions in report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0092, as presented in the staff report for the hearing date of October 2, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0092, as presented during the hearing on October 2, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0092 to the hearing date of ____________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #9E: Owyhee High School (H-2018-0075) Application(s): Annexation & Zoning Conditional Use Permit Size of property, existing zoning, and location: This site consists of 108.76 acres of land, zoned RUT in Ada County, located west of N. McDermott Rd. on the north side of W. Ustick Rd. at 7020 W. Ustick Rd. History: None Comprehensive Plan FLUM Designation: MDR; a school site is designated on the FLUM in this general area. Summary of Request: The applicant requests approval to annex and zone a total of 108.76 acres of land consisting of 3 parcels from the RUT zoning district in Ada County to the R-8 zoning district in the City consistent with the MDR FLUM designation. Staff & Commission Recommends DENIAL of this project Commission Recommendation: Denial Summary of Commission Public Hearing: i. In favor: Eric Exline, Chief Communication Officer, WASD (Applicant); Matthew Adams, The Land Group (Applicant’s Representative); Ed Klopfenstein; Mark Freeman, Foley-Freeman (counsel for the WASD); Eric Thies, President of the West Ada Education Assoc.; Mike Vuittonet ii. In opposition: Geoffrey Wardle, Spink-Butler (counsel for Boise Hunter Homes & Woodside Avenue Investors) iii. Commenting: David Ferdinand; Gwen Baum; Jim Hunter, Boise Hunter Homes; Paul Moore iv. Written testimony: Geoffrey Wardle, Spink-Butler; Mark Freeman, Foley-Freeman; and Gerald Flower v. Key Issue(s): a. The need for a new high school to serve area residents as Rocky Mountain High School is over capacity; b. Access to the Woodside Avenue Investor (i.e. Boise Hunter Homes) property to the east; c. Only one point of public access to/from the site and the associated life/safety concerns. Key Issue(s) of Discussion by Commission: i. The need for a secondary public access to the site; ii. Other properties owned by the School District that might be more suitable for the development of a high school that are not on the City’s outer fringe; iii. “Swiss cheese” effect of annexing this property and creating more sprawl; iv. The provision of access to the Woodside Avenue Investor property to the east; v. Desire for the project to not be delayed and move forward to Council while the Applicant addresses the issues noted in the DRAFT conditions of approval. vi. Recommendation of denial based on the following: 1) patchwork of annexation it will provide if this property is annexed; 2) no secondary public access, particularly to McMillan Rd. with a signal; and, 3) safety concerns noted by Police and Fire Dept. Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: If Council votes to approve this application, Staff recommends the project is continued to a later date in order for Development Agreement provisions & conditions of approval to be drafted for this development. Written Testimony since Commission Hearing: Many letters of testimony, the majority in support but some against, have been received for the proposed applications since the Commission hearing (see public record); a Memo of Understanding has been submitted from Heartland Townhomes Property Management, LLC committing to the extension of a north/south collector street from the north boundary of the school site to McMillan Rd. contingent upon annexation of the property to the north. Notes: Possible Motions: Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0075, as presented in the staff report dated October 2, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0075 to the hearing date of __________ for the following reason(s): (You should state specific reason(s) for continuance.) Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0075, as presented during the hearing on October 2, 2018: (Add any proposed modifications to conditions) City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 9 B Project File Number: H-2018-0094 Item Title: Public Hearing for Earl Glen Subdivision H-2018-0094 by Riley Planning Services, Located at 1780 E. McMillan Rd. Request: Two Year Time Extension on the preliminary plat in order to obtain the City Engineer's signature on a final plat AND extend the time to commence the multi -family use as permitted with the conditional use permit Meeting Notes: wig I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for E arl G len Subdivision H-2018-0094 by Riley P lanning Services, L ocated at 1780 E . M cM illan Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 9/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/27/2018 - 2:03 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 259 of 580 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/2/2018 Hearing Type: Council Item Number: 9-B Project Name: Earl Glen Subdivision Project No.: H-2018-0094 Active: ❑ Page 1 of 1 Signature City -State- I Wish To Sign In Address For Against Neutral Name Zip Testify Date/Time Kim 3865 w Meridian ID 10/2/2018 X micinski moon lake st 83646 5:44:49 PM Go Back To List I Export To Excel © 2018 - City of Meridian, Idaho file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 Earl Glen Subdivision - TEC H-2018-0094 Page 1 HEARING DATE: October 2, 2018 TO: Mayor & City Council FROM: Bill Parsons, Planning Supervisor SUBJECT: Earl Glen Subdivision (H-2018-0094) I. APPLICATION SUMMARY The applicant, Riley Planning Services, LLC., requests a two (2) year time extension (TEC) on the previously approved preliminary plat (PP) in order to obtain the City Engineer’s signature on a final plat and to extend the time to commence the multi-family use as permitted with the conditional use permit for Earl Glen Subdivision. The subject preliminary plat consists of 20 building lots and 3 common area lots on 4.65 acres of land. II. STAFF RECOMMENDATION Staff recommends approval of the subject time extension, to expire on September 2, 2020, with the conditions included in Exhibit B. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number H-2018- 0094, as presented in the staff report for the hearing date of October 2, 2018. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number H-2018- 0094, as presented during the hearing on October 2, 2018 for the following reasons: (You must state specific reasons for denial and what the applicant could to do to obtain your approval in the future.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number H-2018- 0094 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 1780 E. McMillan Road, in the SW ¼ of the SW ¼ of Section 29, Township 4 North, Range 1 East. B. Owner: Brinegar Investments LLLP 1925 NE Locust Grove Rd. Meridian, ID 83646 C. Applicant: Riley Planning Services, LLC. P.O. Box 405 Boise, ID 83701 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. Meridian City Council Meeting Agenda October 2, 2018 – Page 260 of 580 Earl Glen Subdivision - TEC H-2018-0094 Page 2 V. UNIFIED DEVELOPMENT CODE Per UDC 11-6B-7, approval of a preliminary plat shall become null and void if the applicant fails to obtain the City Engineer’s signature on the final plat within two years of the approval of the preliminary plat. Per UDC 11-5B-6, a conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the city. During this time, the applicant shall co mmence the use as permitted in accord with the conditions of approval. Upon written request and filing by the applicant prior to the termination of the allowed time period, the City Council may authorize a time extension of up to two years. With all extensions, the City Council may require the conditional use and/or plat to comply with current provisions of the UDC. VI. PROCESS FACTS A. The subject application is for a time extension. 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: September 14, 2018 C. Radius notices mailed to properties within 300 feet on: September 7, 2018 D. Applicant posted notice on site by: September 21, 2018 E. Posted to Next Door: September 11, 2018 VII. HISTORY OF PREVIOUS ACTIONS: In 2015, this property received rezoning (RZ-15-009) and preliminary plat (PP-15-011) approval from City Council. A conditional use permit (CUP-15-015) was approved to permit a multi-family development in R-15. A modification to the development agreement was approved (MDA-15-006) and recorded as Instrument No. 2016-021940. A one-year time extension (A-2017-0132) on the preliminary plat and conditional use permit was approved by the Director on July 17, 2017. This approval extended the time period in which the applicant had to obtain the City Engineer’s signature on a final plat until September 2, 2018. VIII. STAFF ANALYSIS This is the second time extension requested for the subject preliminary plat and conditional use permit. Approval of the subject time extension will allow the applicant to submit a final plat application. The subject time extension will also allow the applicant to commence the multi -family use as permitted with the conditional use permit, subject to CZC and DES approval. If the subject time extension is not granted, the preliminary plat application and conditional use application for this property would expire and new preliminary plat and conditional use permit applications would need to be submitted for City approval. The recorded development agreement still allows the development of the property as approved in Exhibit A. Per UDC 11-6B-7C, with all extensions, the City Council may require compliance with current provisions of the UDC. The City has adopted the Architectural Standards Manual, after the approval of this project, which contains design standards that are applicable to the multi-family development, and updated the structure and site design standards listed in UDC 11-3A-19. Additionally, the applicant shall be required to comply with the most current Supplemental Specification and Drawings, and Design Standards of the City of Meridian. As conditions of the subject time extension, staff recommends future development of the subject property comply with the aforementioned requirements. Staff recommends approval of the applicant’s request with the aforementioned condition of approval. All previous conditions of approval are also still applicable to development of this subdivision. Meridian City Council Meeting Agenda October 2, 2018 – Page 261 of 580 Earl Glen Subdivision - TEC H-2018-0094 Page 3 IX. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat (dated: 5/19/2015) 3. Approved Conditional Use Permit Site Plan (dated: 5/19/2015) B. Conditions of Approval Meridian City Council Meeting Agenda October 2, 2018 – Page 262 of 580 Earl Glen Subdivision - TEC H-2018-0094 Page 4 Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda October 2, 2018 – Page 263 of 580 Earl Glen Subdivision - TEC H-2018-0094 Page 5 Exhibit A.2: Approved Preliminary Plat (dated: 5/19/2015) Meridian City Council Meeting Agenda October 2, 2018 – Page 264 of 580 Earl Glen Subdivision - TEC H-2018-0094 Page 6 Exhibit A.2: Approved CUP Site Plan (dated: 5/19/2015) Meridian City Council Meeting Agenda October 2, 2018 – Page 265 of 580 Earl Glen Subdivision - TEC H-2018-0094 Page 7 B. Conditions of Approval 1. The applicant is to meet all terms of the approved annexation (RZ-15-009), development agreement (MDA 2016-021940) and preliminary plat (PP-15-011) for this development. 2. The applicant is to meet all terms of the approved conditional use permit (CUP-15-015) for this development. 3. Future development of the subject property shall comply with the design standards in effect at the time of development. 4. The applicant shall have until to September 20, 2020, to commence construction of the multi- family development and obtain City Engineer’s signature on a final plat OR submit another time extension in accord with UDC 11-6B-7. Meridian City Council Meeting Agenda October 2, 2018 – Page 266 of 580 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 9 C Project File Number: H-2018-0057 Item Title: Public Hearing Continued from August 21,, 2018 for Bainbridge Franklin H-2018-0057 by Steve Bainbridge, Located at 2075 and 2155 W. Franklin Rd. Request: Annexation and Zoning of 3.68 acres of land with a C -G zoning district Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.C. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from August 21, 2018 for Bainbridge F ranklin H- 2018-0057 by S teve Bainbridge, L ocated at 2075 and 2155 W. Franklin Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 9/28/2018 Minutes from Planning and Z oning Commission B ackup Material 9/10/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 9/28/2018 - 4:06 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 267 of 580 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/2/2018 Hearing Type: Council Item Number: 9-C Project Name: Bainbridge Franklin Project No.: H-2018-0057 Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2018 - City of Meridian, Idaho Page 1 of 1 file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 Bainbridge Franklin – AZ PAGE 1 STAFF REPORT Hearing Date: August 21, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner (208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0057 – Bainbridge Franklin – AZ 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Steve Bainbridge has submitted an application for annexation and zoning (AZ) of 3.68 acres of land with a C-G zoning district. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on July 12, 2018. At the public hearing, the Commission moved to recommend denial of the subject annexation and zoning request. a. Summary of Commission Public Hearing: i. In favor: Shawn Nickel (Applicant’s representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. The request to keep the existing buildings and not connect them to city utilities. ii. The request to keep the structures on the property on septic and well with a 5-year sunset. iii. Why the rush to annex without a proposed use for the property? d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0057 to City Council as presented in staff report for the hearing date of August 21, 2018 with the following modifications: (Add any proposed modifications.) Meridian City Council Meeting Agenda October 2, 2018 – Page 268 of 580 Bainbridge Franklin – AZ PAGE 2 Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0057 to City Council as presented in staff report for the hearing date of August 21, 2018 for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2018-0057 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2075 and 2155 W. Franklin Road. The site is located in the NE ¼ of Section 14, Township 3N., Range 1W. b. Owner/Applicant: Steve Bainbridge 2576 W. Piazza Drive Meridian, ID 83646 c. Representative: Shawn L. Nickel, SLN Planning P. O. Box 1595 Eagle, ID 83616 d. Applicant's Request: Please see applicant’s narrative for this information. 5. PROCESS FACTS a. The subject application is for annexation and zoning. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: June 22, 2018 (Commission); August 3, 2018 (Council) c. Radius notices mailed to properties within 300 feet on: June 15, 2018 (Commission); July 26, 2018 (Council) d. Applicant posted notice on site by: June 29, 2018 (Commission); August 9, 2018 (Council) 6. LAND USE a. Existing Land Use(s): The subject property consists of rural residential land; zoned R1 in Ada County. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: North: Industrial property, zoned I-L East: Twelve Oaks Villas, zoned C-C and TN-R South: Vacant commercial property, zoned C-C West: Vacant commercial property, Zoned C-C c. History of Previous Actions: None d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main intended to provide service to the proposed Meridian City Council Meeting Agenda October 2, 2018 – Page 269 of 580 Bainbridge Franklin – AZ PAGE 3 development currently exists adjacent to the parcel in W. Franklin Road. Location of water: A water main intended to provide service to the proposed development currently exists adjacent to the parcel in W. Franklin Road. Reclaimed Water: A reclaimed water intended to provide service to the proposed development currently exists adjacent to the parcel in W. Franklin Road. Issues or concerns: None. e. Physical Features: 1. Canals/Ditches Irrigation: The Vaugh Lateral runs adjacent to the south side of the property. 2. Hazards: Staff is unaware of any hazards that may exist on the site. 3. Flood Plain: This property is not within the floodplain overlay district. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Mixed Use – Commercial (MU-COM) on the Comprehensive Plan Future Land Use Map (FLUM). MU-C designated areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi-family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. In MU-C areas, 3 more significant uses also tend to be larger scale projects. Traditional neighborhood design concepts with a strong pedestrian- oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. An overall target density of 8 -12 dwelling units (d.u.) per (/) acre is desired, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MU-C designation should be used for residences. (See pg. 3-9 for more information.) While not necessarily the burden of this application, it should be understood that cumulative changes to this area of the TMISAP have occured, east of Ten Mile Road.The cumulative changes have resulted in an increase in more commercial property and less residential densities than originally evisoned for the area. The most recent being, the Calnon project that was approved in 2015, which changed the Comprehensive Plan designation on the south and west boundaries of this property from Medium-High Density Residential to Mixed Use Commercial. Because the adjacent property is a much larger parcel, staff anticipates a mix of employment, retail and other residential uses developing on this property. The recorded development agreement requires a more detailed concept plan that demonstrates compliance with the MU-C land use designation.. For these reasons, full compliance with the TMISAPis not achievable , so in order to ensure compliance/consistency with adjacent developments, staff recommends that the applicant apply for a development agreement modification with a revised concept plan once an end-user is identified and prior to approval of their first certificate of zoning compliance for the property. The applicant proposes to annex the site with a C-G zoning district which is an appropriate zoning district for an MU-COM designated area. The site is proposed to develop with seven (7) commercial pad sites. Meridian City Council Meeting Agenda October 2, 2018 – Page 270 of 580 Bainbridge Franklin – AZ PAGE 4 This project is part of a larger MU-COM, so staff does envision a mix of uses developing in the area. The properties to the east are the same mixed us commercial designation and with the increased residential uses in the area, additional commercial uses may be required to serve those use. There is a mix of commercial and industrial near the intersection of Franklin and Linder Roads and a multi-family development is approved for the parcel immediately to the east of the subject property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): “Plan for a variety of commercial and retail opportunities within the Impact Area.” (3.05.01J) With the increase of residential units in the area, the proposed commercial project will contribute to the variety of uses in this part of the city. “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) The proposed development is contiguous to annexed parcels and city services are available. Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and the surrounding uses based on the analysis above if the developed in accord with the conditions of approval in this report. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the C-G district is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed commercial development is a principally permitted use in the C-G zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table 11-2B-3 for the proposed C-G zoning district. D. Landscaping: Per UDC 11-3B-9, a 25-foot landscape buffer is required adjacent to the multi- family development along the east boundary. Per UDC 11-2B-3 and 11-3B-7, a 25 foot landscape buffer is required along W. Franklin Road. E. Off-Street Parking: As proposed, there is no off-street parking required or proposed for this project. F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual (ASM). 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. AZ: The applicant requests annexation and zoning of 3.68 acres of land with a C-G zoning district, consistent with the MU-COM land use designation. Meridian City Council Meeting Agenda October 2, 2018 – Page 271 of 580 Bainbridge Franklin – AZ PAGE 5 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 and recommended by staff with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B as follows: Prior to any development occurring on the subject property, the applicant shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU-C land use designation. A mix of uses from each major use category (i.e. commercial, residential, employment) shall be provided as set forth in the Ten Mile Interchange Specific Area Plan (TMISAP). No more than 30% of the ground level development within the MU-C designation shall be used for residences. The existing structures shall be removed from the site immediately upon annexation. Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application. A cross-access/ingress-egress easement(s) shall be granted to the property to the west (parcel #S1214120710) and to the property to the east (parcel #R8580480020) via a note on the plat and/or a separate recorded agreement prior to signature on the final plat by the City Engineer. Cross-access shall also be granted between future lots within this development as applicable. Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development. Conceptual site plan: A site plan was submitted, included in Exhibit A.2 that depicts seven (7) commercial pad sites. The design of the site should comply with the design review standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. The applicant is also proposing to provide a cross access to the Twleve Oaks multi-family project to the east. Staff is also recommending that the applicant provide a cross-acces eeasement to the west as well. Staff has the following comments on the proposed conceptual plan: 1. The conceptual site plan does not show reflect the required 25 foot buffer along the east boundary of the project. This requirement will impact the layout of the site. 2. The parking located immediately as you enter the parcel from Franklin should be eliminated as to not cause traffic problems with vehicles entering the development. Landscaping: A landscape plan was not submitted with this application. There is a 25-foot landscape buffer required adjacent to the multi-family project (12 Oaks) that is adjacent to the east side of this property; and a 25 foot landscape buffer is required along the Franklin Road frontage. Existing building/uses: All of the existing buildings on the site shall be removed and any existing business located on the property shall cease immediately upon annexation. Parking: Based on the conceptual site plan, there will be approximately 40,600 square feet. Per UDC 11-3C-6 one parking space is required per 500 s.f. of building area. In this case, that Meridian City Council Meeting Agenda October 2, 2018 – Page 272 of 580 Bainbridge Franklin – AZ PAGE 6 amounts to 82 required parking spaces. The conceptual site plan as contains 115 parking spaces, which is in compliance with UDC requirements. Access: Direct access to W. Franklin Road is proposed for the development. As mentioned above, the multi-family project to the east provided cross-access to this site, so this project will be required to reciprocate that cross-access easement. The cross access will provide increased access in the area. Permitted Uses: Staff feels that limiting the allowable uses on the property is prudent due to the potential for uses that would adversely impact the surrounding residential uses. Staff recommends that only those uses designated as permitted in UDC11-2B-2 be allowed with additional restriction from Arts, entertainment or recreation facility, outdoor, Dispatch center for mobile service, Recreational vehicle park, Vehicle repair minor, Vehicle sales or rental and service, Vehicle washing facility, Wireless communication facility, Wireless communication facility, amateur radio antenna and that drinking establishments be allowed through a conditional use permit. Utilities: Sanitary sewer service to the proposed development will only be needed for the manager’s office adjacent to N. Ten Mile Road, and therefore no new mainlines will be needed. Though sewer is not required for this portion of the Stor-It facility, water is required. The property to the north was recently approved as a self-storage facility, and with that, staff required that applicant to stub water to the south property line. The applicant will need to coordinate with that property owner and public works to construct water mains to and through the project from the existing mainline in N. Ten Mile Road. Building Elevations: Structures within the proposed development that are visible from the street or abutting properties are required to comply with the design review standards set forth in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Building materials for the proposed structures appear to be a mixture of stucco and stone with a mixture of roofing styles. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for the proposed structures and site design for the self- service storage facility. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In summary staff finds the proposed project complies with the future land use map and applicable policies of the Comprehensive Plan and the UDC with the conditions of approval listed in Exhibit B. Based on the aforementioned analysis, staff recommends approval of the subject application. Meridian City Council Meeting Agenda October 2, 2018 – Page 273 of 580 Bainbridge Franklin – AZ PAGE 7 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Conceptual Site Plan (dated: 5/16/2018) 3. Proposed Elevations B. Conditions of Approval C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda October 2, 2018 – Page 274 of 580 Bainbridge Franklin – AZ PAGE 20 A. Drawings 1. Vicinity/Zoning Map Meridian City Council Meeting Agenda October 2, 2018 – Page 275 of 580 Bainbridge Franklin – AZ PAGE 21 2. Conceptual Site Plan (NOT APPROVED) (dated: 5/16/2018) Meridian City Council Meeting Agenda October 2, 2018 – Page 276 of 580 Bainbridge Franklin – AZ PAGE 22 3. Proposed Elevations Meridian City Council Meeting Agenda October 2, 2018 – Page 277 of 580 Bainbridge Franklin – AZ PAGE 23 B. Conditions of Approval 1. PLANNING DIVISION 1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. A Certificate of Zoning Compliance application will not be accepted until the ordinance and development agreement are recorded. 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, approved by City Council and recorded. The DA shall, at minimum, incorporate the following provisions: a. Future development of the site shall be consistent with the design standards listed in UDC 11- 3A-19 and the guidelines in the City of Meridian Architectural Standards Manual (or any updated versions thereof). b. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. c. Design elements compatible with the matrix on page 3-49 of the TMISAP for the MU-C designated area shall be provided with development as follows: Architecture & Heritage (3- 32); Street-Oriented Design – Commercial & Mixed Use buildings (3-33); Buildings to Scale (3-34); Neighborhood Design (3-36); Building Form and Character – Building Facades, Building Heights (general limit of 4 stories, first floor ceiling heights for retail), Base, Body and Top, Frontage (commercial retail frontage, live/work unit frontage, urban residential frontage in commercial districts), Roofs (flat, pitched) (3-37 thru 3-41); Building Details – Screening of Mechanical Units and Service Areas, Awnings and Canopies (MU-C only) (3- 41 thru 3-45); Signs (3-46); and Public Art (3-47).. d. Prior to any development occurring on the subject property, the applicant shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU-C land use designation. e. All of the existing buildings on the site shall be removed and any existing business located on the property shall cease immediately upon annexation. f. A cross-access/ingress-egress easement(s) shall be granted to the property to the west (parcel #S1214120710) and to the property to the east (parcel #R8580480020) in accord with UDC 11-3A-3. g. A pedestrian access shall be provided to both the parcel to the west and to the east in order to facilitate pedestrian traffic through the area. h. The only uses allowable within the development are restaurants, retail, office (which include personal and professional services), vertically integrated residential project. i. Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application. 1.1.2 Prior to the City Council hearing, the applicant shall provide an updated landscape plan showing the required 25 foot landscape buffer along Franklin Road. The parking that is currently proposed within the 25 foot are shall be eliminated. Meridian City Council Meeting Agenda October 2, 2018 – Page 278 of 580 Bainbridge Franklin – AZ PAGE 24 1.1.3 The parking located immediately as you enter the parcel from Franklin shall be eliminated as to not cause traffic problems with vehicles entering the development. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included in the final plat and/or building permit application. 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. 2.1.2 Existing domestic wells within the project area must be properly abandoned per General Condition of Approval 2.2.7. 2.1.3 Any existing sanitary sewer and/or water mainline stubs into the subject parcels that are not proposed to be used must be properly abandoned per the City of Meridian Standards. 2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the applicant agrees to use the City of Meridians recycled water supply as the primary source of irrigation water. Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can’t serve the development then the primary source of irrigation water should come from surface water irrigation sources if available. 2.1.5 The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. 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 Meridian City Council Meeting Agenda October 2, 2018 – Page 279 of 580 Bainbridge Franklin – AZ PAGE 25 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. 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. Meridian City Council Meeting Agenda October 2, 2018 – Page 280 of 580 Bainbridge Franklin – AZ PAGE 26 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. FIRE DEPARTMENT 3.1 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. 3.2 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least two means of fire apparatus access for each structure. The access roads shall be placed a dista nce apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. 3.3 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns related to this application. Meridian City Council Meeting Agenda October 2, 2018 – Page 281 of 580 Bainbridge Franklin – AZ PAGE 27 6. REPUBLIC SERVICES 6.1 Republic Services has no comment on this application, 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Comments have not yet been received from ACHD on this application. 7.1.1 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). 7.1.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.1.3 In accordance with District policy, 7203.6, 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. 7.1.4 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. 7.1.5 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. 7.1.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.1.7 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. 7.1.8 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. 7.1.9 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. 7.1.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.1.11 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. 7.1.12 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. Meridian City Council Meeting Agenda October 2, 2018 – Page 282 of 580 Bainbridge Franklin – AZ PAGE 28 C. Legal Description and Exhibit Map Meridian City Council Meeting Agenda October 2, 2018 – Page 283 of 580 Bainbridge Franklin – AZ PAGE 29 Meridian City Council Meeting Agenda October 2, 2018 – Page 284 of 580 Bainbridge Franklin – AZ PAGE 30 D. Required Findings from Unified Development Code 1. Annexation & Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Commission finds the proposed annexation to C-G is not consistent with the proposed MU-COM future land use designation. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statement of the commercial districts and the proposed uses will provide a needed service to area residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. However, Commission recommends that the Council consider 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, Commission 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). Per the above findings, Commission feels the proposed annexation is not in the best interest of the City. Meridian City Council Meeting Agenda October 2, 2018 – Page 285 of 580 Meridian Planning & Zoning Commission July 12, 2018 Page 5 of 18 McCarvel: Yeah. So, we are just kind of cleaning up the zoning. I'm in favor as well. Anybody else? Wilson: With that, Madam Chair? McCarvel: Commissioner Wilson. Wilson: After considering all staff, applicant and public testimony, I move to recommend approval to City Council of file number H-2018-0051 as presented in the staff report with that requirement of an amendment to the development agreement. McCarvel: Okay. Holland: Second. McCarvel: It has been moved and seconded to approve file H-2018 -- recommend approval on H-2018-0051. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. B. Public Hearing for Bainbridge Franklin (H-2018-0057) by Steve Bainbridge Located at 2075 and 2155 W. Franklin Rd. 1. Request: Annexation and Zoning of 3.68 Acres of Land with a C-G Zoning District McCarvel: So, at this time we will open the public hearing for item H-2018-0057, Bainbridge Franklin. Beach: Thank you, Madam Chair, Members of the Commission. As you said, this is a project called Bainbridge Franklin. It is west of Linder Road on West Franklin. This is an application for annexation. The site consists of approximately 3.68 acres of land. It is currently zoned RUT, located at 2075 and 2155 West Franklin. To the north is West Franklin Road and Industrial properties zoned I-L. To the east are the Twelve Oaks Villas, zoned C-C and TN-R. To the south is vacant commercial properties, zoned C-C, as well as to the west, vacant commercial properties, zoned C-C. There is no current City of Meridian history on this property, because they are requesting annexation this evening. The applicant did provide a concept plan for the developments. Before I get there, though, the Comprehensive Plan future land use map designation for this is mixed use commercial, which is part of the Ten Mile interchange specific area plan. The applicant is requesting annexation, as I said, of 3.6 acres to the C-G zoning district, which is consistent with the mixed use commercial land use designation. The city may require and is requiring -- the staff is recommending, I should say, a development agreement with several provisions. I can go through those if you would like. They are also in the staff report. As I mentioned, this is a concept plan provided by the applicant for the development, showing several relatively small pad sites with associated parking. Meridian City Council Meeting Agenda October 2, 2018 – Page 286 of 580 Meridian Planning & Zoning Commission July 12, 2018 Page 6 of 18 Staff is -- has the following comments on the proposed conceptual plan. The plan does not allow or show the required 25 foot landscape buffer, both on the east and on the north boundary of the property -- against the residential and against Franklin Road. There are some existing buildings on the site. Staff has a condition that the applicant remove the structures and as well as cease the business that is currently operating there and the structures be removed immediately upon annexation. They are asking for access from West Franklin Road. Are providing cross-access to the Twelve Oaks development to the east and staff has also added a condition that they provide cross- access to the west. Conceptual building elevations provided by the applicant and they have to get a certificate of zoning compliance and administrative design review application before they are allowed to construct any -- any businesses or structures on the -- on the property. We did restrict the number of -- number and type of uses that they would be allowed to have on the property. Staff is recommending approval. Did not receive any comments and with that I would stand for any questions you have. McCarvel: Okay. Any questions for staff? Would the applicant like to come forward. Nickel: Good evening, Madam Chair and Commission. Shawn Nickel. P.O. Box 1595, Eagle, Idaho. We are tonight representing Steve Bainbridge -- Bainbridge, the owner of the property. Staff has done a good job at -- at the analysis for the project. We are in favor of -- of all of the conditions with the exception of condition -- on your page 23, Condition 1-1-1E. We would like to keep those existing structures on the property while Mr. Bainbridge markets -- markets the property for redevelopment. There are two houses on the property at this time that bring in income to Mr. Bainbridge. So, we would ask that that condition be removed and allow us to -- to retain those two structures and their uses on the property until development. With that I will stand for any questions. McCarvel: Okay. Any questions for the applicant? Fitzgerald: Madam Chair? McCarvel: Commissioner Fitzgerald. Fitzgerald: Will there be a time frame that would be acceptable? Because I think there is going to be a balance between -- when you get into development you kind of got to get in and get out and that's kind of -- so, will there an acceptable -- and so I can bounce it off staff for you guys -- time frame wise what are you guys looking at? I just -- it's got to be a balance somewhere in between getting the development going and having housing there. Nickel: And Mr. -- Madam Chair and Mr. Commissioner, the applicant would be willing to do a five year moratorium on that -- or a five year sunset on that -- on those uses if the property doesn't develop within that time frame. Fitzgerald: Thank you. Meridian City Council Meeting Agenda October 2, 2018 – Page 287 of 580 Meridian Planning & Zoning Commission July 12, 2018 Page 7 of 18 McCarvel: I guess -- so, what's the hurry -- what's the urgency of getting into the city now than before it's been marketed and a real plan? Because it looks -- like I mean this plan that is shown is probably not acceptable anyway, because it doesn't show the landscape buffers, the cross to the west -- I mean -- so, we would be not even looking at this plan. So, to change the zoning and -- and do it now, what's the rush? Nickel: Madam Chair and Commissioners, the staff has put a condition of approval that we bring back a revised site plan prior to City Council, which we will do that. The reason for the applicant rezoning the property is so he can market it as a commercial -- as a commercial use. It cuts off three or four months of someone having to go in and do that -- do that additional step, not knowing if the -- if the property is -- is appropriate for the uses. That's one reason we are doing this right now is so we can establish what type of uses can go on the property and a basic concept plan for the property, understanding that it is -- it could change slightly depending on the user, but to establish those cross-accesses now, to establish those uses now, that's -- that's why the applicant has decided to request annexation and rezone at this time. McCarvel: Any other questions for the applicant? Okay. Nickel: Thank you. McCarvel: Thank you. Chris, do we have any public testimony? Johnson: Madam Chair, only Mr. Nickel signed it. McCarvel: Okay. Is there anyone else -- there being no one signed in, is there anyone else in the room who would like to testify on this application? Okay. At this time can I get a motion to -- if there is no more questions for the applicant can I get a motion to close the public hearing for Item H-2018-0057? Holland: So moved. Perreault: Second. McCarvel: It has been moved and seconded to close the public hearing on H-2018- 0057. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. McCarvel: I'm thinking I would like to see a little more done on it versus leaving a lot up in the air again and especially with having potential of five years sitting out there. Wilson: Madam Chair? McCarvel: Commissioner Wilson. Meridian City Council Meeting Agenda October 2, 2018 – Page 288 of 580 Meridian Planning & Zoning Commission July 12, 2018 Page 8 of 18 Wilson: I guess it's staff. I mean I can't remember an instance -- I know we have allowed buildings to remain on -- I mean I think, but the five years -- it just seems like a lot -- okay. Yeah. It's a long time. Fitzgerald: Just for the record, Madam Chair, can we -- Josh, what's the time frame in regards to -- if we approve this now or later, how -- there is not a requirement to do anything on it anytime soon; correct? I mean annexations is when we have the ability to to -- we have teeth. We have -- Beach: Yeah. So, what I will say is we typically don't allow folks to annex into the -- into the city and keep structures -- Fitzgerald: Yeah. Beach: -- unless they are going to connect those structures immediately to city utilities I don't believe that's their plan and so that's why the condition in there is to remove them and, typically, that long of a sunset -- I'm kind of with you on that, I don't understand what the -- McCarvel: Yeah. Beach: But it will save them some time marketing wise, I guess, to have it be zoned commercial, but without an actual user for the property right now -- I don't understand the rush anyway. That's just my opinion. McCarvel: Yeah. Parsons: Madam Chair, Members of the Commission, the other thing that we have to keep in mind -- and what Josh alluded to in his presentation is they are currently R-1 in the county now, which is a residential district. If this property were to annex in now we are creating a nonconforming use for the city, because we are allowing a residential use in a commercial if it gets approved and we have a C-G. We try not to create those situations for ourselves and Josh did a great job of also letting you know that if a structure is going to stay on the site it really needs to hook up to utilities. The other thing that didn't come up was one of the residents or one of the structure is being used for a small engine repair business. I don't know if that was grandfathered in or approved at the county or not. Maybe the applicant can shed some light on that for you this evening, but that's the other thing, we don't know if that's a legitimate business or not. Again, we don't want to perpetuate that. It's not consistent with the vision of the Ten Mile plan. The other thing that we pointed out into our -- in our staff report as well is that mixed use commercial type properties are meant to be larger in size and we recognize that this is only a small piece of the property. In our staff report, in our comp plan analysis, we tried to share with you that the adjacent property owner to the west went through that process and changed their land use from what was a residential designation to this mixed use commercial. So, that's why we have conditioned the Meridian City Council Meeting Agenda October 2, 2018 – Page 289 of 580 Meridian Planning & Zoning Commission July 12, 2018 Page 9 of 18 applicant to a development agreement that, you know, we are not really keen on this concept plan. We don't think this is going to work for this property at this point. That's why we said once you have a user come back and amend your development agreement again, so we can make sure that we are setting up this property for success for development by providing -- looking at access at that point, looking at pedestrian connectivity with that larger piece to the -- to the west of this property. It really needs all kind -- that's kind of the intent behind the mixed use commercial designation is that it's all being integrated as one project and so with that particular piece to the west that's one of the conditions that staff put on that particular property. When that came before you in 2015 they had a bubble plan. They didn't have any of that refinement for you to take under consideration. So, in that adjacent property owners development agreement they have to come back before City Council and get their concept plan reviewed -- a more detailed concept plan as well. So, I think in this case, yeah, the applicant may not be ready. We have things for you to take into consideration in the staff report as part of the DA, but, really, the applicant needs to come back at some future date to either give us a better understanding or better concept on how this is going to relate to the adjacent properties. But we will leave that up to you. The issues that you have tonight is the concept plan doesn't have some of the things that code requires. We don't have a lot of cross -- cross-access except for the property to the east and, then, we don't know how that adjacent property is going to develop at this point. So, just something to consider as you take this under advisement this evening. McCarvel: I'm feeling just a little bit like we have got cart before the horse here and that I don't think it would be a difficult process to come in with the C-G zoning at some point with a plan, but I agree, this -- you know, recommending annexation into the city, which we would love to have you, but I think the plan needs to be a little farther along. Holland: Madam Chair, I tend to agree as well. I think they have -- it's not necessarily a bad project, but I think they have got to do -- they have got to do some due diligence to make sure that they meet their code requirements before they are ready to move forward and, I agree, the structures probably would be a conflict if they were to remain on the site. McCarvel: In a five year sunset -- yeah. A lot can happen between now and then. And they are -- are we ready for a motion? Fitzgerald: Madam Chair, are you thinking you would like them to come back with a concept or are you thinking that we are doing something completely different? Because I -- McCarvel: I mean it doesn't seem like they are at a point where another couple of weeks is going to do it. Fitzgerald: Yeah. McCarvel: I think -- Meridian City Council Meeting Agenda October 2, 2018 – Page 290 of 580 Meridian Planning & Zoning Commission July 12, 2018 Page 10 of 18 Perreault: Madam Chair? McCarvel: Commissioner Perreault. Perreault: I think the ACHD report to be significantly different that are down the road that we -- well, from the -- you know, how they are going to approach the entrance off of Franklin. That could look -- I mean as staff says we are growing, that could look very different even in three years. So, that is of concern for me. McCarvel: Okay. Is that -- or do we have more discussion? Wilson: Madam Chair. I agree. McCarvel: Okay. Wilson: I mean I think there is a -- yeah, I mean I think I agree the five years is -- McCarvel: Okay. Go for it. Wilson: After considering all staff, applicant and public testimony, I move to recommend denial to City Council of file number H-2018-0057 as presented during the hearing date of July 12th, 2018, for the following reasons: The concept plan we don't believe kind of is -- meets our vision for the way this area is going to develop and also the -- the proposal that those two structures remain for five years, we don't -- well, I guess that's not a reason. It is. Okay. And the condition -- in the proposal that those two buildings remain. Holland: I will second. McCarvel: It has been moved and seconded to recommend denial of file H-2018-0057. All those in favor say aye. Opposed? Motion of denial carries. MOTION CARRIED: FIVE AYES. TWO ABSENT. C. Public Hearing for Fairbourne Subdivision (H-2018-0052) by Fairbourne Development, LLC Located at the Northwest Corner of W. Chinden Blvd. and N. Black Cat Rd. 1. Request: Rezone of a Portion of Property from R-15 (9.71 Acres), R-8 (39.71 Acres), and C-C (19.48 Acres) to R-8 62.41 Acres) and CC (6.48 Acres); and 2. Request: Preliminary Plat Consisting of 176 Building Lots and 26 Common Lots on 66.35 Acres of Land in a Proposed R-8 and C-C Zoning District; and Meridian City Council Meeting Agenda October 2, 2018 – Page 291 of 580 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 9 D Project File Number: H-2018-0092 Item Title: Public Hearing for San Gorgonio Subdivision H-2018- 0092 by A Team Land Consultants,, Located at 200 Rosalyn Ct. Meeting Notes: Request: Short Plat consisting of 4 residential building lots and 1 common lot on 1.23 acres of land in an existing R -S zoning district 91 APPROVED I TEM SHEET C ouncil Agenda I tem - 8.D. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for S an Gorgonio Subdivision H-2018-0092 by A Team L and C onsultants, Located at 200 Rosalyn C t. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 9/27/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/27/2018 - 3:15 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 292 of 580 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/2/2018 Hearing Type: Council Item Number: 9-D Project Name: San Gorgonio Subdivision Project No.: H-2018-0092 Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2018 - City of Meridian, Idaho Page 1 of 1 file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 San Gorgonio Subdivision – SHP -2018-0092 PAGE 1 STAFF REPORT HEARING DATE: October 2, 2018 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: San Gorgonio Subdivision – SHP (H-2018-0092) I. APPLICATION SUMMARY The applicant, A Team Consultants, has applied for approval of a short plat (SHP) consisting of four (4) building lots and one (1) common lot on 1.23 acres of land zoned R-8, for San Gorgonio Subdivision. II. STAFF RECOMMENDATION Based on the criteria listed in UDC 11-6B-5, Staff finds the proposed plat is eligible to be processed as a short plat. Therefore, Staff recommends approval of the proposed short plat with the conditions and Findings stated in this report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0092 as presented in the staff report for the hearing date of October 2, 2018, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0092, as presented during the hearing on October 2, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2018-0092 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. PROCESS FACTS a. The subject application will in fact constitute a short plat as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notification published on: September 14, 2018 c. Radius notices mailed to properties within 300 feet on: September 7, 2018 V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 200 Rosalyn Court, in the W ½ of Section 19, Township 3N., Range 1E. Meridian City Council Meeting Agenda October 2, 2018 – Page 293 of 580 San Gorgonio Subdivision – SHP -2018-0092 PAGE 2 B. Applicant/Representative A Team Consultants 1785 Whisper Cove Avenue Boise, ID 83709 C. Owner(s): Saul Huerta 200 Rosalyn Court Meridian, ID 83642 D. History: The City Council approved the annexation (AZ-05-036) and the preliminary plat (PP-05-035) for Larkspur Subdivision No. 2 on October 18, 2005. The approved preliminary plat consisted of 49 single-family residential building lots and 4 common lots on 10.30 acres of land. Also in 2005, the applicant obtained approval for Larkspur Subdivision No. 2 (FP-05-070). This plat developed with 47 residential lots and 5 common lots on 10.29 acres. VI. STAFF ANALYSIS Short Plat: The proposed short plat consists of 4 building lots on 1.23 acres of land in the R-8 zoning district and is a resubdivision of Lot 9, Block 4 of Larkspur Subdivision No. 2. All of the lots in the proposed subdivision comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. Future building height and setbacks are also required to comply with the aforementioned standards. This property has street frontage on E. Rosalyn Drive, a local street. The existing home will become a lot and block in the subdivision and will continue to take access from E. Rosalyn Drive. The other three residential lots will take access from a common driveway (Lot 5, Block 1). Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and deems the short plat to be in substantial compliance with said requirements to recommend approval as proposed. VII. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Short Plat (dated: 8/21/2018) 3. Landscape Plan (dated: 7/19/2018) B. Agency Comments/Conditions of Approval C. Required Findings from Unified Development Code Meridian City Council Meeting Agenda October 2, 2018 – Page 294 of 580 San Gorgonio Subdivision – SHP -2018-0092 PAGE 3 Exhibit A.1 – Vicinity/Zoning Map Meridian City Council Meeting Agenda October 2, 2018 – Page 295 of 580 San Gorgonio Subdivision – SHP -2018-0092 PAGE 4 Exhibit A.2 – Short Plat (dated: 8/21/2018) Meridian City Council Meeting Agenda October 2, 2018 – Page 296 of 580 San Gorgonio Subdivision – SHP -2018-0092 PAGE 5 Exhibit A.3: Landscape Plan (dated: 7/19/2018) Meridian City Council Meeting Agenda October 2, 2018 – Page 297 of 580 San Gorgonio Subdivision – SHP -2018-0092 PAGE 6 SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the previous approvals for this property (AZ-05-036, PP-05-035, and FP-05-070). 2. The final plat prepared by David Evans and Associates, Inc., stamped on 8/21/2018 by Sean P. Sullivan, shall be revised as follows: a. Note #3 shall read as follows: “Lot 5, Block 1 is a common lot and private drive and shall be owned and maintained by the Home Owners Association.” 3. The landscape plan, prepared by A Team Land Development, dated 7/19/2018, is approved as submitted. 4. If the City Engineer’s signature has not been obtained within two (2) years of the City Council’s approval of the short plat, the short plat shall become null and void unless a time extension is obtained, per UDC 11-6B-7. 5. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized, as well as the signatures of the Ada County Highway District and the Central District Health Department. 6. A street light plan will need to be included in submittal of development plans. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 7. With the final plat application, the applicant shall provide an exhibit that shows the setbacks, building envelope, and orientation of the lots and structures on all common lots. 8. No new water mains are being proposed with this development. Applicant shall be responsible for the installation of any new fire hydrants or other infrastructure that may be needed as a result of this development. 9. Applicant must comply with the separation requirements for sanitary sewer and water service line extensions in the private driveway. 10. Applicant shall be responsible for all costs, as well as the physical connection of sanitary sewer and water services to the existing home at 100 E. Rosalyn Drive. ONGOING CONDITIONS OF APPROVAL 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. 2. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 4. 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. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to Meridian City Council Meeting Agenda October 2, 2018 – Page 298 of 580 San Gorgonio Subdivision – SHP -2018-0092 PAGE 7 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 p rovided 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 a mount 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 Meridian City Council Meeting Agenda October 2, 2018 – Page 299 of 580 San Gorgonio Subdivision – SHP -2018-0092 PAGE 8 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, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. Meridian City Council Meeting Agenda October 2, 2018 – Page 300 of 580 San Gorgonio Subdivision – SHP -2018-0092 PAGE 9 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. Meridian City Council Meeting Agenda October 2, 2018 – Page 301 of 580 San Gorgonio Subdivision – SHP -2018-0092 PAGE 10 Exhibit C – Required Findings from the Unified Development Code In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan future land use map designates the property as Low Density Residential. The current zoning district of the site is R-8. The proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the C-G district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvements program; Staff finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer’s expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision and subsequent development; however, staff does not believe that it will be detrimental to the general welfare of the public in the surrounding area. Staff finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site. Meridian City Council Meeting Agenda October 2, 2018 – Page 302 of 580 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 9 E Project File Number: H-2018-0075 Item Title: Public Hearing for Owyhee High School (H-2018-0075) by West Ada School District, Located at 7020 W. Ustick Rd. Request: Annexation and Zoning of 108.76 Acres of Land with an R-8 Zoning District; and Request: Conditional Use Permit for an education institution (high school) in an R-8 zoning, lighted fields and an outdoor speaker system within and adjoining a residential district, the generation of vehicular trips per day in excess of 1,500, proposed access to a collector street and there is not a safe, separate pedestrian and bikeway access between the neighborhood and the school site Meeting Notes: (�,,✓-�„�,( -fid r�-t�Gei �-3, 2��' I TEM SHEET C ouncil Agenda I tem - 8.E . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Owyhee High S chool (H-2018-0075) by West Ada S chool D istrict, L ocated at 7020 W. Ustick Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 9/27/2018 Minutes from Planning and Z oning Commission B ackup Material 9/10/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/27/2018 - 1:37 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 303 of 580 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/2/2018 Hearing Type: Council Item Number: 9-E Project Name: Owyhee High School Project No.: H-2018-0075 Active: ❑ Page 1 of 15 file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 I Wish City -State- Sign In Signature Name Address For Against Neutral To Zip Date/Time me Testify 10/2/2018 Keven Denton 754 E Reflect Ridge DR Meridian X 11:30:35 AM Meridian, 10/2/2018 Eric Exline 415 West Lake Hazel Road Idaho X 11:31:22 83642 AM 1 0/2/2018 Elisabeth X 11:37:55 Sonersen AM 10/2/2018 Lindsey Bisbee X 11:38:06 AM 10/2/2018 Brianne Ratcil 4524 Wisteria Place Boise X 11:38:14 AM 1 0/2/2018 Meridian, Dannielle Ginkel 764 W Great Basin Dr X 11:38:25 ID 83646 AM 1 0/2/2018 Meridian, Krista Cromar 2421 W Los Flores Dr X 11:38:42 ID 83646 AM 10/2/2018 Troy Rice 5361 N. Lawsonia Place Boise X 11:38:42 AM file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 City of Meridian - Public Hearing Sign In Form Tools Page 2 of 15 file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 Meridian, 10/2/2018 Brian Smith 1756 W Puzzle Creek Dr Idaho, X 11:38:44 83646 AM 1 0/2/2018 Meridian, Ross Ginkel 764 W Great Basin Dr X 11:38:56 ID 83646 AM 10/2/2018 Eagle, ID Tara Kishpaugh 566 Hialeah Dr X 11:39:15 83616 AM 1 0/2/2018 Boise. ID Muriel Krone 13930 W. Woodspring Dr. X 11:39:19 83713 AM 10/2/2018 Kaleb DeHaas 2545 E Blue Tick St, apt 201 Meridian X 11:39:21 AM Boise, 10/2/2018 Peter Parke 11974 West Deschutes Drive Idaho X 11:39:33 83709 AM 10/2/2018 Meridian, Chad Smith 5932 W. 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AM 10/2/2018 Ashlie Simpson 11080 Arch St Boise X 11:42:17 AM Marla Star, 10/2/2018 Kerfoot/Registrar kerfoot.marla@westada.org Idaho X 11:42:26 @ Rocky 83669 AM 10/2/2018 Meridian, Mike Hirano 5450 N. Linder Road X 11:42:28 ID 83646 AM 10/2/2018 Jessica Simpson 2163 W Rainfall St MERIDIAN X 11:42:47 AM 10/2/2018 Boise ID Marian Nebrigich 14454 W Kensington Ct X 11:42:57 83713 AM 10/2/2018 Morgan Hatcher X X 11:43:18 AM 10/2/2018 Boise, ID Justin Tharpe 8393 W Harmonica Way X 11:43:59 83709 AM 10/2/2018 Star, ID Nathan White 474 N. 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Barrymore Dr. X 12:13:23 PM file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 City of Meridian - Public Hearing Sign In Form Tools Page 7 of 15 file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 10/2/2018 Darla Wilson X 12:13:50 PM 10/2/2018 Katie Hodson 7556 S cloverdale rd Boise X 12:15:19 PM 10/2/2018 Meridian, Cindy McKay 2246 LeAnn Way X 12:15:39 ID 83646 PM 10/2/2018 Ryan Kerfoot 2983 S Ludwig Ave Eagle X 12:15:48 PM 10/2/2018 Meridian, Rene Ozuna 2572 E Bernice Dr X 12:18:02 ID 83646 PM 10/2/2018 Star ID Meara Baker 12124 Ferarmorz Ln X 12:19:22 83669 PM 10/2/2018 Terri Seltenright 708 S Almond Nampa X 12:22:33 PM 10/2/2018 Janice Lawson 3227 W Edson St Boise, ID X 12:22:38 PM 10/2/2018 Miranda Carson X X 12:23:59 PM 10/2/2018 Julie Finke 9725 W Pembridge Dr. Star X 12:27:34 PM 10/2/2018 Meridian Angie Rodgers 3045 N Christian Way X 12:27:35 Id 83646 PM 1 0/2/2018 Meridian, Scott Connors 5819 N. Bolsena Ave X 12:29:16 ID 83646 PM Meridian 10/2/2018 Kristi Frith 825 W. Cagney St Idaho X X 12:29:26 83646 PM file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 City of Meridian - Public Hearing Sign In Form Tools Page 8 of 15 file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 10/2/2018 Meridian, Amber Connors 5819 N. Bolsena Ave X 12:29:58 ID 83646 PM Meridian, 10/2/2018 Michael Korber 2172 W. Sage Springs Ct. Idaho X 12:31:05 84646 PM 10/2/2018 Michelle 1647 E Wrightwood Dr Meridian X 12:32:53 Haycock PM 10/2/2018 Kacey Schneidt 4268 N. Portage Ave Meridian X 12:33:57 PM 10/2/2018 Karla Angell- Ponderosa Elementary Meridian, X 12:34:23 Holmes School, 2950 N. Naomi Dr. ID 83646 PM 1 0/2/2018 Meridian, Kim Harp 2070 N Locust Grove Rd X 12:34:46 ID 83646 PM 1 0/2/2018 Stephanie 3530 W Towncreek Dr Meridian X X 12:37:20 Zambarano PM Meridian, 10/2/2018 Jessica Jewett 4344 E. Driftwood Drive Idaho X 12:37:56 83642 PM 10/2/2018 Dustin D. Meridian, W. 4710 WSteeplechase Dr. X 12:38:53 Barrett, Ph.D. ID 83646 PM 10/2/2018 Melissa Travis X 12:39:11 PM 10/2/2018 Brad Abbott X 12:40:06 PM 10/2/2018 Jared Desjarlais 1346 W Bear Track Dr Meridian X 12:45:55 PM 2445 N 10/2/2018 Lynette Hol lybrook X 12:47:07 Bettencourt PI Eagle PM ID 83616 file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 City of Meridian - Public Hearing Sign In Form Tools Page 9 of 15 file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 10/2/2018 Meridian, Paul Archibeque archibeque@earthlink.net X 12:49:01 ID 83646 PM 10/2/2018 Jana Olson X 12:50:07 PM 10/2/2018 Meridian, Hailey Howard 3420 w Woodmont dr X X 12:50:35 ID 83646 PM 10/2/2018 Jill Platts 2351 North Luge Ave Eagle X 12:50:44 PM 10/2/2018 Boise, ID Paul Montreuil 2104 Clark Street X 12:53:25 83705 PM 10/2/2018 Jared 1754 W. Claire Dr. Meridian X 12:56:49 Christensen PM 10/2/2018 Katherine Lester X 12:57:24 PM 10/2/2018 Proud Meridian Meridian, Meridian, ID X 12:57:58 Resident ID 83646 PM 10/2/2018 Meridian, Rae Peppley rpeppley@gmail.com X 12:59:16 ID 83646 PM Addison Quam- 10/2/2018 Teacher Rocky X X 12:59:24 Mountain HS PM 10/2/2018 Meridian, MM83642 Rachel Lindquist brirachlindquist@gmail.com X 1:00:39 PM 1 0/2/2018 Meridian, Miriam Cook X 1:03:00 Idaho PM 10/2/2018 julie buisman 3899 N Price Way Meridian X 1:07:40 PM file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 City of Meridian - Public Hearing Sign In Form Tools Page 10 of 15 file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 10/2/2018 LauDan Kirk 597 E Heritage Park St Meridian X 1:08:37 PM 1 0/2/2018 Meridian, Shawna Exline 415 West Lake Hazel Road X 1:15:24 Id 83642 PM 10/2/2018 Meridian, Antonia Exline 415 West Lake Hazel Road X 1:15:38 Id 83642 PM 1 0/2/2018 Meridian, Gerald Exline 415 West Lake Hazel Road X 1:15:48 Id 83642 PM 10/2/2018 Boise, ID Hailey Pearson X 1:22:38 83716 PM 10/2/2018 Kayla Lineberry 1226 N. Forty Niner Ave Kuna X 1:23:29 PM 10/2/2018 Meridian, Frith Stevenson 1860 W. Kelly Creek Drive X X 1:25:32 ID 83646 PM Star 10/2/2018 David Peterson 609 north Plummer Idaho, X 1:29:00 83669 PM 10/2/2018 Meridian, Joy Dobson 2596 S. Teddy Ave. X 1:34:58 ID 83642 PM 10/2/2018 Layne Ward X 1:36:58 PM 10/2/2018 Alexis Hammer X 1:40:21 PM 1 0/2/2018 Jessica E X 1:41:20 Skollingsberg PM 10/2/2018 Linda Witty 1274 W Great Basin Dr 83646 X 1:43:15 PM file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 City of Meridian - Public Hearing Sign In Form Tools Page 11 of 15 file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 10/2/2018 Don R Dicus X 1:44:14 PM 1 0/2/2018 Meridian, Cliff Rice 1906 W. Pintail Dr. X 1:44:23 ID 83642 PM 10/2/2018 Christy X 1:44:42 Bertagnolli PM Star, 10/2/2018 Katy Swenson 640 N Dunbarton PI Idaho X 1:50:24 83669 PM John Labbe TO BE CLEAR»> 10/2/2018 PLEASE Meridian 334 S. Pennant X 1:50:32 ANNEX AND ID 83642 PM BUILD THE SCHOOL 10/2/2018 Meridian Johanna Wills 2143 W Piazza St X 1:57:23 ID 83646 PM 10/2/2018 Meridian, MM83642 Chloe Muthiora muthiora.chloe@westada.org X 1:57:25 PM 1 0/2/2018 Boise, ID Gaye Keith 4555 N Five Mile Rd X 1:58:34 83713 PM 10/2/2018 Boise, ID83713 Cynthia Breckel 5960 N Rothmans Avenue X 2:03:43 PM 10/2/2018 Shay Ruhl X 2:06:59 PM Meridian, 10/2/2018 Olivia Johnston 2578 E. Granadillo Drive Idaho X 2:08:15 83646 PM Meridian, 10/2/2018 Becky Lenon 2112 W. Anatole St. Idaho X 2:08:18 83646 PM file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 City of Meridian - Public Hearing Sign In Form Tools Page 12 of 15 file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 10/2/2018 Boise, ID Cathy Wright 12851 W. Silverbrook Ct. X 2:14:31 83713 PM 10/2/2018 Lindsey Vint 6620 N Fox Run Ave Meridian X 2:15:35 PM 10/2/2018 Lynn Fouts 14436 W. Kettle Creek Drive Boise X 2:21:25 PM 1 0/2/2018 Meridian, Kathy Jackson 4346 N. Longabaugh Way X 2:25:29 ID 83646 PM 10/2/2018 Meridian, Ed Klopfenstein 1786 W. Santa Clara Dr. X X 2:41:31 ID 83642 PM meridian 10/2/2018 stephanie 273 west Valentino street Idaho X 2:58:42 Wilson 83646 PM 10/2/2018 Meridian Kari Cowman 3965 N Heritage View Ave X X 3:42:59 ID 83646 PM 10/2/2018 Lisa Nicodin Eagle X 3:43:34 PM 10/2/2018 Mary Ann Meridian, 3898 W Fire Storm X 3:50:15 Ranells ID 83636 PM 10/2/2018 Annette Meridian, 716 W Kingsley St X 3:56:57 Satterfield ID 83646 PM 10/2/2018 Larry Michael Boise, ID 2926 S Heritage Ave X 3:59:23 Wayment 83709 PM 10/2/2018 Megan Kemper X 4:08:12 PM 10/2/2018 David Blood 629 E Lake Creek Meridian X X 4:13:46 PM file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 City of Meridian - Public Hearing Sign In Form Tools Page 13 of 15 file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 10/2/2018 Molly Kiesig X 4:55:44 PM 10/2/2018 Kymberly Meridian, 1867 W Whitestone Ct X 5:10:27 Herridge ID 83646 PM 10/2/2018 EagIe,ID. Jeffrey Brewer 4456 W Cardon Street X 5:18:25 83616 PM 1 0/2/2018 Boise, ID Bob Taunton 2724 S Palmatier Way X X 5:22:58 83716 PM 10/2/2018 Assunda Becker 5996 N. Botticelli Avenue Meridian X 5:28:36 PM 1 0/2/2018 Meridian, Ashlund Giles 4876 N Chimney Peak Ave X 5:39:11 ID 83646 PM 10/2/2018 Meridian Steve Smylie 3662 E Granger Dr, X X 5:40:17 Id 83646= PM 10/2/2018 Robert Zumbrun X 5:41:31 PM 10/2/2018 James Orr X 5:41:56 PM 1 0/2/2018 Meridian, Melissa knueven 1248 W Legarreta X 5:42:32 ID 83646 PM 10/2/2018 Meridian Fred Depold 5946 W EI Gato Lane X 5:43:04 Id 83642 PM 10/2/2018 Kim micinski X 5:45:26 PM Meridian, 10/2/2018 Nicki Thompson 2830 N Elisha Ave idaho X 5:45:27 83646 PM file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 City of Meridian - Public Hearing Sign In Form Tools Page 14 of 15 file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 10/2/2018 Philip Neuhoff X 5:46:02 PM Eagle, 10/2/2018 James hunter 1132 a laguna shore lane idaho, X X 5:46:47 83616 PM 10/2/2018 Meridian Mike Vuittoet 2235 S. E. 5th Way X X 5:46:58 Id 83642 PM 1 0/2/2018 Meridian, Tiara Boe tiara2u@hotmail.com X 5:48:12 ID 83646 PM 10/2/2018 Meridian, Bill Hamlin 8451 s chugiak place X 5:48:39 id 83642 PM 1 0/2/2018 Meridian, Erik Boe erikntiara@gmail.com X 5:48:47 ID 83646 PM 10/2/2018 Shawna Meridian, 1985 E. Grayson Street X 5:50:10 Schneiderman ID 83642 PM 10/2/2018 Molly Mills 410 E GRAND CANYON DR MERIDIAN X 5:50:21 PM 10/2/2018 Kristy sternes 4374 n heritage view Meridian X X 5:50:52 PM 1 0/2/2018 Eagle, ID Trey Crookston 1239 W. Franciscan Dr. X 5:52:45 83616 PM Boise, 10/2/2018 Hethe Clark 251 E. Front St., Suite 200 Idaho X X 5:52:50 83701 PM 10/2/2018 Meridian Brandon Weholt 216 SW 5th Ave. X 5:54:14 ID 83642 PM 10/2/2018 Meridian M Darren truchot 390 east corporate M83642 X 5:54:16 PM file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 City of Meridian - Public Hearing Sign In Form Tools Page 15 of 15 Go Back To List I Export To Excel © 2018 - City of Meridian, Idaho file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 Eagle 10/2/2018 Matthew Adams 462 E Shore Dr. ste 100 idaho X 5:55:39 83646 PM 10/2/2018 Meridian Eric thies 2064 e meadowwood dr. X X 5:57:23 ID, 83646 PM 10/2/2018 Luke Franklin Boise 83714 X 5:58:20 PM 10/2/2018 Meridian Sally Reynolds 1166 W Bacall X 5:58:46 id 83646 PM 10/2/2018 Meridian, Trish Dildine 3334 Cooper Ave X 6:00:07 ID 83646 PM 1 0/2/2018 Nampa, ID David Ferdinand 2419 W Herron Loop X X 6:01:31 83686 PM 10/2/2018 Jeramiah Brown X X 6:04:06 PM 10/2/2018 Rakelle Hansen 2802 S Beartooth Way 83642 X 6:17:32 PM 10/2/2018 Parker Hansen 2802 S Beartooth Way 83642 X 6:18:10 PM 1 0/2/2018 Eagle, ID Heather meck 2650 S. Chipper Way X 6:19:11 83616 PM 10/2/2018 Josh Cormier X X 6:20:31 PM Go Back To List I Export To Excel © 2018 - City of Meridian, Idaho file:///H:/All%20LAND%20USE/City%20Council%20stuff%20to%20move/City%20of%... 10/3/2018 Owyhee High School – AZ, CUP H-2018-0075 PAGE 1 STAFF REPORT Hearing Date: October 2, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Owyhee High School – AZ, CUP (H-2018-0075) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Joint School District No. 2, has submitted an application for annexation and zoning (AZ) of 108.76 acres of land from the RUT zoning district in Ada County to the R-8 zoning district in the City for the development of an education institution. A conditional use permit (CUP) is also requested for the following: 1) an education institution (high school) in an R-8 zoning district; 2) lighted fields (and an outdoor speaker system) adjoining and within a residential district; 3) the generation of vehicle trips per day in excess of 1,500; and 4) access proposed from a collector street and there is not safe, separate pedestrian and bikeway access between the neighborhood and the school site, in accord with UDC Table 11-2A-2 and the specific use standards listed in 11-4-3-14, Education Institution. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends denial of the proposed AZ application, and consequently the CUP application, in accord with the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on September 6, 2018. At the public hearing, the Commission moved to recommend denial of the subject AZ and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Eric Exline, Chief Communication Officer, WASD (Applicant); Matthew Adams, The Land Group (Applicant’s Representative); Ed Klopfenstein; Mark Freeman, Foley-Freeman (counsel for the WASD); Eric Thies, President of the West Ada Education Assoc.; Mike Vuittonet ii. In opposition: Geoffrey Wardle, Spink-Butler (counsel for Boise Hunter Homes & Woodside Avenue Investors); iii. Commenting: David Ferdinand; Gwen Baum; Jim Hunter, Boise Hunter Homes; Paul Moore; iv. Written testimony: Geoffrey Wardle, Spink-Butler; Mark Freeman, Foley-Freeman; and Gerald Flower v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Scott Colaianni, Police Dept.; Joe Bongiorno, Deputy Chief, Fire Dept. b. Key issue(s) of Public Testimony: i. The need for a new high school to serve area residents as Rocky Mountain High School is over capacity; ii. Access to the Woodside Avenue Investor (i.e. Boise Hunter Homes) property to the east; iii. Only one point of public access to/from the site and the associated life/safety concerns. Meridian City Council Meeting Agenda October 2, 2018 – Page 304 of 580 Owyhee High School – AZ, CUP H-2018-0075 PAGE 2 c. Key Issues of Discussion by Commission: i. The need for a secondary public access to the site; ii. Other properties owned by the School District that might be more suitable for the development of a high school that are not on the City’s outer fringe; iii. “Swiss cheese” effect of annexing this property and creating more sprawl; iv. The provision of access to the Woodside Avenue Investor property to the east; v. Desire for the project to not be delayed and move forward to Council while the Applicant addresses the issues noted in the DRAFT conditions of approval. vi. Recommendation of denial based on the following: 1) patchwork of annexation it will provide if this property is annexed; 2) no secondary public access, particularly to McMillan Rd. with a signal; and, 3) safety concerns noted by Police and Fire Dept. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Continuance I move to continue File Number H-2018-0075 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0075, as presented in the staff report for the hearing date of October 2, 2018, for the following reasons: (You should state specific reasons for denial) Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0075, as presented during the hearing on October 2, 2018, with the following modifications: (Add any proposed modifications). IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 7020 W. Ustick Rd., in the east ½ of Section 32, Township 4 North, Range 1 West. (Parcel #: S0432141900, S0432438650 & S0432438700) B. Owner(s): Joint School District No. 2 Robert G. Spriggel 4005 N. McDermott Rd. 4005 N. McDermott Rd. Meridian, ID 83646 Meridian, ID 83642 Meridian City Council Meeting Agenda October 2, 2018 – Page 305 of 580 Owyhee High School – AZ, CUP H-2018-0075 PAGE 3 C. Applicant: Joe Yochum, Assistant Superintendent of Operations Joint School District No. 2 1303 E. Central Dr. Meridian, ID 83642 D. Representative: Matt Adams, The Land Group 462 E. Shore Drive, Ste. 100 Eagle, ID 83616 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 a conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 17, 2018 (Commission); September 14, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: August 10, 2018 (Commission); September 7, 2018 (City Council) D. Posted to Next Door: August 14, 2018 (Commission); September 11, 2018 (City Council) E. Applicant posted notice on site(s) on: August 21, 2018 (Commission); September 21, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: There is an existing home on the parcel at the northeast corner of the site (Spriggel property) and a dairy on the property at the south end of the site with the remainder agricultural property, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential/agricultural property, zoned RUT in Ada County 2. East: N. McDermott Rd. and rural residential/agricultural property, zoned RUT in Ada County 3. South: W. Ustick Rd., rural residential/agricultural property in Canyon County 4. West: Rural residential/agricultural property, zoned RUT in Ada County C. History of Previous Actions: A Record of Survey (#11348) was recorded on the southern portion of this property in March 2018 that adjusted the existing property boundaries between Parcel No. S0432438650 & S0432438700. The boundary of the property proposed to be annexed was not affected. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer service to the subject site will need to come from a trunk line extension from the Oaks Lift Station. Meridian City Council Meeting Agenda October 2, 2018 – Page 306 of 580 Owyhee High School – AZ, CUP H-2018-0075 PAGE 4 b. Location of water: Domestic water service to the subject site will need to come from new mainline extensions in McDermott and Ustick Roads. c. Issues or concerns: The subject site is subject to reimbursement fees and upgrade expenses associated with the Oaks Lift Station, as well as other reimbursement fees associated with the water systems. E. Physical Features: 1. Canals/Ditches Irrigation: The Eight Mile Lateral, Five Mile Creek and Sky Pilot Drain cross this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR); a school site is also designated in this general area. The purpose of the MDR designation is to allow 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). This 108.76 acre site is proposed to be zoned R-8 consistent with the MDR FLUM designation and is proposed to develop with a 246,390 square foot education institution (high school) to serve 1,800 students (66+/- acres), a future elementary school (15.7 acres), and future residential development (11.63 + 15.43 acres). 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): “Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc.).” (3.01.01B) The provision of a high school in this area will greatly help Rocky Mountain High School which is currently over capacity by almost 700 students. A Traffic Impact Study was completed for this development and submitted to ACHD. ACHD is the transportation authority and has submitted comments on this application, included in Exhibit B.11; comments from other agencies are also included in Exhibit B. Development of this site at this time will require improvements to streets ahead of the time they are planned/funded to occur, which may require other planned projects to be delayed. Although the provision of a high school in this area is greatly needed, annexation of this property will create sprawl in this area as no other properties have been annexed on the west side of McDermott Rd. Sprawl results in inefficient provision of City services and delayed response times from emergency service personnel and a larger area for Police to patrol. Because development has not yet occurred in this area, the adjacent roadways are narrow and do not have sidewalks along them creating unsafe conditions for the amount of traffic and pedestrian activity that will be generated with development of a school site in this area. “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) The proposed project is located at the west periphery boundary of current city limits and is only contiguous to the City with the inclusion of the northeast (Spriggel) parcel, which serves solely as the annexation path for the project – no development is proposed on that parcel with this application, the residential use is proposed to remain. The City limits currently exist on the east side of McDermott Road and have not yet extended to the west side of McDermott. Significant off- Meridian City Council Meeting Agenda October 2, 2018 – Page 307 of 580 Owyhee High School – AZ, CUP H-2018-0075 PAGE 5 site improvements are required to bring City water and sewer service to and through this site, which will be the responsibility of the developer. Services are proposed to be extended through the Spriggel parcel to serve the school property. Although City water and sewer services can be extended to this property, the provision of emergency services (i.e. Fire and Police) would be stretched in this area due to its location at the west periphery boundary of the City. City services are anticipated to be extended/provided in a more orderly fashion by growing outward instead of inward; the proposed “leap-frog” development and resulting sprawl is not an efficient method for provision of services. Comments received from the Fire Dept. (FD): If approved, the FD cannot meet response time requirements for this development without another fire station being constructed closer to this site; Ada County EMS would also have extended response times to this site. Current resources would not be adequate to supply service to this project; additional risk factors include a large population of students in one area, a chemistry lab, automotive/industrial shops as well as sporting events drawing large crowds. Another public access road will need to be constructed for public as well as emergency access to adequately serve this development. The proposed development will require an aerial device response in the event of a structure fire – the FD cannot meet this need in the required timeframe. In the case of a hazmat event, mutual aid will be required which will result in additional time delays as it’s not available in the City. (See Exhibit B.4 for more information.) Comments received from the Police Dept. (PD): Response times to this site are estimated to be beyond the average response times recorded by Ada County. To mitigate the extended response time, if approved, the PD requests an SRO Officer and office is provided at the school by the West Ada School District for school safety, prevention and education outreach programming. The PD also has concerns regarding safety and traffic on adjacent 2-lane (narrow) roadways with high speed limits and inexperienced drivers driving to/from the high school; the PD requests the Applicant provide in advance, roadway widening, including turn lanes, deceleration lanes, roundabouts, traffic signals, 4-way stops and/or reduction of the speed limits in the area to mitigate risk as required by ACHD. The PD also states that annexing property such as this that is surrounded by County parcels, sometimes creates confusion on which jurisdiction is dispatched to calls, which delays emergency response or in some cases requires multiple jurisdictions to respond to an area until it can be sorted out who has jurisdiction. (See Exhibit B.3 for more information.) The City Council should determine if it’s reasonable to provide urban services to the proposed development and if it’s in the City’s best interest to do so. “Support the location of school sites within every square mile.” (3.02.01B) There are no other school sites within the square mile. The City supports schools within every square mile when services are available and safe routes and access to schools can be provided. “Permit schools, churches, and other public and civic uses in rural areas, that are compatible with adjacent uses.” (3.05.02E) The proposed high school should be compatible with adjacent rural residential and agricultural land uses. However, the proposed field lighting, outdoor speaker system and traffic generated from the proposed use may negatively affect the residential neighbors; the Commission and Council should consider any public testimony provided to determine if the proposed use will be compatible with existing rural residential neighbors. “Expand, improve and maintain the City’s infrastructure to meet existing and growing demands in a timely, orderly, and logical manner.” (3.04.00) Meridian City Council Meeting Agenda October 2, 2018 – Page 308 of 580 Owyhee High School – AZ, CUP H-2018-0075 PAGE 6 Staff does not feel the expansion and provision of City services in this rural area at the west periphery boundary of the City is orderly or logical at this time. “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) Only one access is proposed to this site via W. Ustick Rd., an arterial street; a secondary access is necessary for emergency access to the site. Public street access should also be provided to adjacent properties to the east as set forth in UDC 11-3A-3. “Consider ACHD's MSM (Master Street Map) in all land use decisions.” (3.03.04K) A collector street is proposed along the west boundary of the site at the half mile in accord with the MSM and should be extended to the north boundary of the annexation area for future extension. The MSM also depicts an east/west collector street at the mid-mile where a local street is proposed and terminates at the east boundary of the school site; this should be a collector street. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed school use should be compatible with adjacent rural residential uses; however, the proposed field lighting, outdoor speaker system and traffic associated with the use may create a disturbance to the neighbors – the Commission and Council should rely on public testimony to determine if the proposed use will be compatible with adjacent neighbors. A land use buffer is not required in the R-8 district to residential uses/zoning. “Work with ACHD, ITD and West Ada School District to establish and map safe bicycle and pedestrian routes to schools.” (3.02.01H) Because this site is in a rural area, there are no sidewalks or bicycle lanes along adjacent narrow arterial streets resulting in un-safe pedestrian and bicycle routes to the school. “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The proposed site plan depicts one (1) collector street access via W. Ustick Rd., an arterial street; the Fire and Police Department request another public access is provided to the site which will eliminate the requirement of a secondary emergency access. “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Comments from public service providers are included in Exhibit B of this report and Sections VI and IX. “Improve and protect creeks (i.e. Five Mile Creek) throughout commercial, industrial and residential areas.” (5.01.01E) The Five Mile Creek crosses this site along the north boundary of the future elementary school site and is required to be protected during construction and should remain open and not be piped or otherwise covered. “Require the public street system to be continuous through each mile section. This does not preclude the use of traffic calming measures, nor does it imply the roadway have a straight alignment.” (3.03.03F) A (north/south) collector street is proposed along the west boundary of the site at the half mile and should be extended to the north boundary of the annexation area for future extension to McMillan Rd. Another (east/west) collector street is depicted on the Master Street Map at the half Meridian City Council Meeting Agenda October 2, 2018 – Page 309 of 580 Owyhee High School – AZ, CUP H-2018-0075 PAGE 7 mile to McDermott Rd.; a local street is proposed from the north/south collector street proposed along the west boundary stubbing to the east boundary of the school site – this should be a collector street in accord with the MSM. Right-of-way should be preserved along the east boundary of the elementary school to the Five Mile Creek for future extension. The north/south collector street proposed along the west boundary should be extended to W. McMillan Rd. in order to provide adequate access to the site for the public as well as emergency personnel. “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) Because the surrounding property is in the County and no development has occurred in this area, there are no sidewalks or bicycle lanes along adjacent arterial streets (i.e. McDermott & Ustick Rds.) to provide safe access to the proposed school. Further, the school district does not typically provide bus service for students that live within 1.5 miles of the school unless the school district determines there is not a safe or direct way for students to walk to school and provides safety busing. The Applicant states that due to the rural nature of the school, busing will probably be provided for all students but the safety committee will meet in March 2020 to conduct the analysis to determine for sure if it’s warranted. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: 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: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-8 zoning district. Any use not explicitly listed is prohibited. The proposed public education institution is listed as a conditional use in the R-8 zoning district; compliance with the specific use standards listed in UDC 11-4-3-14, Education Institution, is required. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. D. Landscaping: Landscaping is required to be provided on the site in accord with the standards listed in UDC 11-3B as applicable. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6B for non- residential uses. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Annexation & Zoning (AZ): The applicant requests approval to annex and zone (AZ) a total of 108.76 acres of land consisting of 3 parcels from the RUT zoning district in Ada County to the R-8 zoning district in the City. The proposed R-8 zoning district is compatible with the MDR FLUM designation as discussed above in Section VII. A conceptual development plan has been submitted that demonstrates how the overall site is proposed to develop (see Exhibit A.2). A new high school is proposed on approximately 66 acres in the central portion of the site with 15.7 acres reserved for a future elementary school at the north end and future residential development proposed on the 11.63 acres at the south end and Meridian City Council Meeting Agenda October 2, 2018 – Page 310 of 580 Owyhee High School – AZ, CUP H-2018-0075 PAGE 8 15.43 acres on the east side of the site (Spriggel parcel) (see Applicant’s narrative for more information). A conceptual development plan was not submitted, as requested by Staff, for the future residential areas, including the Spriggel parcel. If annexed, the existing home will be required to hook up to City water and sewer service within 60 days of services becoming available to the site; the existing well may only be used for irrigation purposes and the septic system should be abandoned. If annexed, the Applicant requests separate Development Agreements are processed for each property owner (i.e. Joint School District No. 2 and the Spriggel’s). The City may require a development agreement (DA) in conjunction with the annexation pursuant to Idaho Code section 67-6511A. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned, which is within the Area of City Impact boundary. The school property is only contiguous to City annexed property with inclusion of the Spriggel parcel (#S0342141900), which serves solely as an annexation path for the school property and is not included in the proposed development plan. This results in “leap-frog” development and sprawl which is an inefficient provision of City services and delayed response times from emergency service personnel. It also creates a “swiss-cheese” issue for the Police Dept. in that only the north half of Ustick Rd. and the west half of McDermott Rd. would be in the City and the surrounding roadway would be in the County which would require the Ada County Sherriff’s department to service the un-annexed land/roadway in between. This is not an efficient provision of services and creates confusion on service boundaries. No other properties have been annexed on the west side of McDermott Rd. In fact, a project to the north of this site (i.e. Copperbrook Subdivision) was denied a couple of years ago based on Council’s decision that it was not in the best interest of the City to annex the property at that time based on comments from the public hearings. Reasons for denial discussed at the hearing were that they wanted the City to develop from the inside out, rather than the outside in; and concern that stretching City services out west of McDermott would take away services to existing residents and open up another square mile for development. Nothing in this area has changed since that time except that many more developments have been approved and developed within the City that further impact the provision of City services; annexation of the school site would stretch services even further. The City is currently in the process of updating the Comprehensive Plan and if approved, staff is of the opinion that this may prompt others to request annexation of their property or submit Comprehensive Plan Map amendments to change the Current land uses from MDR to Commercial so services can be provided in the area for the future school site because this area is lacking services due to its rural nature. There is approximately 2,500 acres west of Ten Mile Rd. to McDermott Rd., north of I-84 that have yet to be annexed and developed in the City. For orderly development to occur, the majority of this land should be annexed before expanding further outward. Although Staff believes this would be a good site for a high school in the future, staff does not believe it’s in the best interest of the City to annex this property at this time due to the reasons noted above. B. Conditional Use Permit (CUP): A CUP is required for the proposed education institution (high school) for the following reasons: 1) the property is in a proposed R-8 zoning district; 2) lighted fields (and an outdoor speaker Meridian City Council Meeting Agenda October 2, 2018 – Page 311 of 580 Owyhee High School – AZ, CUP H-2018-0075 PAGE 9 system) is proposed adjoining and within a residential district; 3) the use will generate in excess of 1,500 vehicular trips per day (the Traffic Impact Study estimates 3,486 vehicle trips per day – 847 in the AM peak hour and 514 in the PM peak hour); and the school proposes to take access from a collector street and there is not safe, separate pedestrian and bikeway access between the neighborhood and the school site, as set forth in UDC Table 11-2A-2 and the specific use standards listed in 11-4-3-14, Education Institution. The high school is anticipated to open in the fall of 2020. The CUP is only for the 66+/- acre high school site and does not include the future elementary school or future residential development that is part of the annexation area depicted on the concept plan. Conceptual Development Plan: A conceptual development plan was submitted, included in Exhibit A.2 that demonstrates how the site is proposed to develop with a 246,390 square foot high school to serve 1,800 students, a stadium for track and field events, tennis courts, baseball fields, softball fields and sport practice fields. The stadium is proposed to have seating for up to 3,400 spectators. Specific Use Standards: There are specific use standards listed in UDC 11-4-3-14, Education Institution, that apply to the proposed use. The standards pertaining to lighted fields adjoining or within a residential district, vehicle trip generation per day in excess of 1,500, and access proposed via an arterial street without safe, separate pedestrian and bikeway access requires conditional use permit approval. If approved, the proposed use is required to comply with the standards pertaining to accessory uses and portable classrooms, as applicable. Outdoor Lighting: The stadium field is proposed to be lit with performance level athletic field lighting with a total of 4 light poles. Outdoor lighting is required to comply with the standards listed in UDC 11-3A-11. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3. Access for the high school site is proposed via a sole access (a collector street) to/from W. Ustick Rd., an arterial street; no other public access is proposed. Five (5) accesses are proposed to the high school site via the collector street. An emergency access/utility maintenance road is depicted on the site plan at the northeast corner of the site through the Spriggel parcel for access via N. McDermott Rd. Emergency access: The emergency access depicted on the site plan will not be feasible at some point in the future when SH-16 is extended on the west side of McDermott although at that time an access may be available from the north if development occurs in that area and the remainder of the north/south half mile collector street is constructed. The Fire Department and Police Dept. have not approved the proposed emergency access and do NOT support a single public access to the site for life safety reasons due to the size of the project (i.e. anticipated occupancy of the high school and future elementary school), traffic generated from sporting events, and the need for traffic to be able to enter and leave the site efficiently – especially in the event of an emergency. Extension of the north/south collector street to W. McMillan Rd. would provide two public streets to the development and would resolve the access issues. Master Street Map: The MSM depicts north/south and east/west collector streets at the half mile between McDermott and Star Roads and McMillan and Ustick Roads. A north/south collector street is proposed along the west boundary of the site at the half mile in accord with the MSM; and an east/west local street is proposed at the half mile – this should be a collector street per the MSM. Meridian City Council Meeting Agenda October 2, 2018 – Page 312 of 580 Owyhee High School – AZ, CUP H-2018-0075 PAGE 10 State Highway 16 (SH-16): The subject property is located approximately ¼ mile west of the future SH-16 extension which will have an interchange at the McDermott/Ustick Rd. intersection. The timing for the extension of SH-16 is unknown; the preliminary design is in process but the improvements are not funded at this time. ITD has planned to construct a network of local streets as shown on the Preferred Alternative Plan (#2D) to provide access to parcels whose current access via McDermott Road will be terminated when SH-16 is extended. A local street is depicted on the access plan at the ¼ mile from W. McMillan Rd. south to Ustick Rd. along the east boundary of the school site. Due to the location of the future interchange, staff does not believe it’s feasible for a local street to be constructed along the east boundary of the site in this area as there would likely not be adequate separation between the street and the interchange. As an alternative, if council approves the subject project, Staff recommends an east/west local street is constructed at the south boundary of the high school site to provide public street access to the north/south collector street at the half mile for Parcel #S0432429350 (Woodside Avenue Investor, LLC); and an east/west collector street is constructed at the half mile per the MSM at the north boundary of the high school site to Parcel #S0432141900 (Spriggel property) and Parcel #S0432417350 (Acclima Inc.). Traffic: A Traffic Impact Study (TIS) was submitted to ACHD for review with this application. The TIS estimates 3,486 trips per day; 847 in the school AM peak hour and 514 in the PM peak hour. Note: ACHD will require a TIS when the future elementary school develops. ACHD Requirements: A draft ACHD report is included in Exhibit A.11; the project is scheduled to be heard by the ACHD Board of Commissioners on September 4th due to modifications/waivers requested by the Applicant to the staff report and to allow an adjacent property owner the opportunity to provide testimony regarding future access to their parcel. To mitigate the traffic impacts of the high school (i.e. unacceptable levels of service) as recommended in the TIS, ACHD is requiring interim signals to be installed within the existing right-of -way at the Star/Ustick, Star/McMillan, and north-south collector/Ustick Road intersections along with associated intersection improvements prior to the school opening in 2020. ACHD is also requiring the following with the CUP application: a. Dedicate additional right-of-way and widen W. Ustick Rd. to a minimum width of 17’ from centerline with a 3’ gravel shoulder and construct a 5’ wide detached sidewalk. b. Dedicate right-of-way for the north/south collector street along the west boundary of the site and construct a 3-lane collector roadway with curb, gutter and a detached 5’ wide sidewalk with a 3’ wide gravel shoulder and barrow ditch to accommodate storm run-off. Construct dedicated right turn lanes on the collector street at all 5 driveway intersections. c. Dedicate right-of-way and construct an east/west collector street (not a local as proposed) with curb, gutter and a 5’ wide detached sidewalk on the south side of the street (the sidewalk on the north side to be constructed with development of the elementary school) terminating in a cul-de-sac. d. All of the driveways for the site via the north/south collector are required to be constructed as dedicated right turn lanes, with the exception of the “exit only” driveway, with curb return type driveways and have a maximum width of 36 feet. The “enter only” and “exit only” driveways are required to be signed accordingly. e. The driveway via the east/west collector street approximately 1,550’ east of the north/south collector proposed to provide access to the bus loop and for other authorized vehicles is required to be constructed as a curb return driveway and is requir ed to be signed for “Authorized Vehicles Only.” Meridian City Council Meeting Agenda October 2, 2018 – Page 313 of 580 Owyhee High School – AZ, CUP H-2018-0075 PAGE 11 Because ACHD is only a recommending agency to the City on AZ applications, the following items will be addressed when the parcels that are part of the annexation but not part of the CUP request develop: 1) When the elementary school develops, the sidewalk on the north side of the east/west collector street will be required to be constructed; and, 2) the north/south collector street will be required to be extended to the north property line. Parking: Off-street parking should be provided for the proposed use in accord with the standards listed in UDC Table 11-3C-6B for non-residential uses in residential districts (1 space for every 500 square feet of gross floor area). Based on the square footage of the proposed structure (246,390), a minimum of 493 spaces are required; a total of 1,237 spaces are proposed in accord with this requirement to accommodate students, staff, visitors and event parking needs. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Based on 1,237 vehicle spaces provided, a minimum of 49 bicycle spaces are required; a total of 50 spaces are proposed in accord with this requirement. Landscaping: Landscaping is required to be provided on the site as set forth in UDC Table 11- 2A-6 per the standards listed in UDC 11-3B as noted below. Street Buffer: A minimum 20-foot wide street buffer is required along all collector streets as proposed. Trees are proposed within the buffers in accord with UDC standards; vegetative groundcover meeting the standards listed in UDC 11-3B-7C is required. Parking Lot: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. Trees are proposed within planter islands in accord with UDC standards; vegetative groundcover meeting the standards listed in UDC 11-3B-7C is required. Pathways: Landscaping is required to be provided along all pathways, including multi-use pathways, in accord with the standards listed in UDC 11-3B-12C. Mitigation: There are no existing trees on the site that require mitigation. 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. The provision of water and sewer service to this development will require significant off-site improvements to bring utilities to and through the site, which will be the responsibility of the developer. The site is also subject to reimbursement fees, and upgrade expenses associated with the Oaks Lift Station, as well as other reimbursement fees associated with the water system. Note: The City Engineer has determined that the Woodside and Flower parcels cannot take sewer service from the line coming to the school property as it does not have the depth nor does it follow the Master Plan. The Public Works Engineering Dept. will not support their requests for service to be provided from the school property; these properties will need to participate in construction of the McDermott Road trunk sewer project. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 . Pressurized Irrigation (PI): An underground PI system is required to be provided for the development in accord with UDC 11-3A-15. Pressurized irrigation is proposed to be provided by the Nampa & Meridian Irrigation District. Surface water from the Eight Mile Lateral is the primary irrigation water source for the school site; an existing supplemental irrigation well will be Meridian City Council Meeting Agenda October 2, 2018 – Page 314 of 580 Owyhee High School – AZ, CUP H-2018-0075 PAGE 12 uses during shoulder season irrigation prior to surface water being available in the Spring and after surface water is out of the ditches in the Fall. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. All site storm water is proposed to be collected and treated on-site in below ground seepage beds. Sidewalks/Pedestrian Walkways: Sidewalks/pathways are required to be constructed on the site as set forth in UDC 11-3A-17 per the standards listed in UDC 11-3B-12C. A 10-foot wide multi-use pathway is depicted on the Pathways Master Plan along the south boundary of the high school site along the Sky Pilot Drain. Because of the location of the future extension of SH-16, this location may not be feasible. The applicant should work with the Pathways Project Manager to determine an appropriate location. Minimum 5-foot wide detached sidewalks are required along both sides of the collector streets constructed within the site. An 8-foot wide sidewalk is proposed along the west edge of the collector street along the west boundary of the site to accommodate students walking to and from the school; a sidewalk should be provided on the east side of the collector street as well as along both sides of the east/west collector street. Waterways: The UDC (11-3A-6B) requires natural waterways intersecting, crossing or lying within the area being developed to remain as a natural amenity and not be piped or otherwise covered. Irrigation ditches, laterals, canals and drains may be left open when used as a water amenity or linear open space; otherwise, they shall be piped or otherwise covered unless waived by City Council. The Five Mile Creek crosses the site along the north boundary of the future elementary school and should remain open and be protected during construction as a natural way. The Sky Pilot Drain crosses the site along the south boundary of the high school site and is proposed to be partially piped and re-routed; areas not piped are proposed to be fenced for student safety. The Eight Mile Lateral crosses the mid-point of the site and is proposed to be piped. Fencing: Any fencing provided on the site should comply with the standards listed in UDC 11- 3A-6C for fencing along waterways and 11-3A-7. No fencing is depicted on the plans. Building Elevations: Conceptual building elevations for the proposed high school were submitted with this application (see Exhibit A.4). The structure is proposed to be divided between 1- and 2-stories. Building materials are proposed to consist of integral colored structural CMU and CMU veneer in smooth and split-face finish with pre-finished metal panel accent panels. The roof is low slope membrane roofing concealed by a combination of parapet walls and mansard roof finished with standing seam metal roofing. All outbuildings should be consistent in design character and materials with the school building. The architectural character of the structure is required to comply with the standards listed in UDC 11-3A-19 and the Architectural Standards Manual. Certificate of Zoning Compliance: If approved, a Certificate of Zoning Compliance application is required to be submitted for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and any associated requirements prior to construction, in accord with UDC 11-5B-1. Design Review: If approved, a Design Review application is required to be submitted concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the conceptual building elevations, site Meridian City Council Meeting Agenda October 2, 2018 – Page 315 of 580 Owyhee High School – AZ, CUP H-2018-0075 PAGE 13 plan and landscape plan submitted with this application and the standards listed in UDC 11-3A- 19 and the City of Meridian Architectural Standards Manual. Staff recommends denial of the subject AZ request and consequently the CUP request based on the following reasons: For orderly development to occur, the majority of the 2,500+/- acres west of Ten Mile Rd. to McDermott Rd., north of I-84 should be annexed and developed before expanding the City further outward past McDermott Rd. to the subject property. The Fire and Police Dept. do NOT support a single public access to the site for life safety reasons due to the size of the project (i.e. anticipated occupancy of the high school and future elementary school), traffic generated from sporting events, and the need for traffic to be able to enter and leave the site efficiently and quickly – especially in the event of an emergency. In an emergency situation, the single access could be blocked and there would be no other way in or out of the site. The half mile collector street along the west boundary of the site would need to be extended to W. McMillan Rd. to provide adequate access for the public as well as emergency personnel; a bridge would need to be constructed over the Five Mile Creek as part of the extension. The Fire Dept. cannot meet response time requirements for this development without another fire station being constructed closer to this site; Ada County EMS would also have extended response times to this site. Current resources would not be adequate to supply service to this project; additional risk factors include a large population of students in one area, a chemistry lab, automotive/industrial shops as well as sporting events drawing large crowds. The proposed development will require an aerial device response in the event of a structure fire – the FD cannot meet this need in the required timeframe. In the case of a hazmat event, mutual aid will be required which will result in additional time delays as it’s not available in the City. (See Exhibit B.4 for more information.) The Police Dept. response times to this site are estimated to be beyond the average response times recorded by Ada County. To mitigate the extended response time, if approved, the PD requests an SRO Officer and office is provided at the school by the West Ada School District for school safety, prevention and education outreach programming. The PD also has concerns regarding safety and traffic on adjacent 2-lane (narrow) roadways with high speed limits and inexperienced drivers driving to/from the high school. Annexing property such as this that is surrounded by County parcels, creates confusion on which jurisdiction is dispatched to calls, which delays emergency response or in some cases requires multiple jurisdictions to respond to an area until it can be sorted out who has jurisdiction – per the Police Dept. (See Exhibit B.3 for more information.) Safe pedestrian and bicycle access to the school site does not exist because the property is in a rural area. Without the construction of significant off-site sidewalk/pathway improvements, safe access cannot be provided. Even if the school determines safety busing is necessary or the City requires safety busing, there will still be students that walk or ride their bikes to school that will be in danger. Inclusion of the Spriggel parcel within the annexation boundary solely for the purpose of providing an annexation path for the school without that parcel being part of the development application promotes “leap frog” development and creates sprawl, which Meridian City Council Meeting Agenda October 2, 2018 – Page 316 of 580 Owyhee High School – AZ, CUP H-2018-0075 PAGE 14 isn't good planning and doesn’t allow for efficient provision of City services and infrastructure to be constructed. Because the school site doesn’t extend all the way south to W. Ustick Rd. and east to N. McDermott Rd., street buffer landscaping and sidewalks are not proposed along these arterial streets. Additionally, because the elementary school site is not proposed to develop at this time, the north/south collector street is not proposed to extend to the north boundary which would create a gap in the collector street if the property to the north of the annexation area develops. Annexation of the subject property would create a domino effect for adjacent properties to request annexation and further the sprawl and “swiss cheese” issue experienced by the Police Department when responding to calls. The City is already receiving inquiries from parties interested in developing land in the area west of McDermott near the school site. The Applicant’s conceptual development does not contemplate ITD’s local street access plan for the properties that currently have access via McDermott Rd. that will be impacted by the extension of SH-16. For these reasons, Staff does not feel it’s in the best interest of the City to annex this property for development at this time. At some point in the future when the City boundaries expand more fully to this area, it would be logical to annex this property and develop a school on this site but not at this time. In summary, Staff recommends denial of the proposed AZ application and consequently the CUP application in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Site Plan (dated: 6/21/18) 3. Proposed Landscape Plan (dated: 6/21/18) 4. Conceptual Building Elevations (dated: 6/21/18) B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda October 2, 2018 – Page 317 of 580 Exhibit A Page 1 A. Drawings/Other Exhibit A.1: Vicinity/Zoning Map Spriggel WASD Meridian City Council Meeting Agenda October 2, 2018 – Page 318 of 580 - 2 - Exhibit A.2: Proposed Site Plan (dated: 6/21/18) Meridian City Council Meeting Agenda October 2, 2018 – Page 319 of 580 - 3 - Meridian City Council Meeting Agenda October 2, 2018 – Page 320 of 580 - 4 - Meridian City Council Meeting Agenda October 2, 2018 – Page 321 of 580 - 5 - Exhibit A.3: Proposed Landscape Plan (dated: 6/21/18) Meridian City Council Meeting Agenda October 2, 2018 – Page 322 of 580 - 6 - Meridian City Council Meeting Agenda October 2, 2018 – Page 323 of 580 - 7 - Meridian City Council Meeting Agenda October 2, 2018 – Page 324 of 580 - 8 - Exhibit A.4: Conceptual Building Elevations (dated: 6/21/18) Meridian City Council Meeting Agenda October 2, 2018 – Page 325 of 580 - 9 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DIVISION See comments in Analysis section of report. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval No specific conditions are included at this time. 3. POLICE DEPARTMENT See next page Meridian City Council Meeting Agenda October 2, 2018 – Page 326 of 580 - 10 - Meridian City Council Meeting Agenda October 2, 2018 – Page 327 of 580 - 11 - Meridian City Council Meeting Agenda October 2, 2018 – Page 328 of 580 - 12 - 3.1 The Police Dept. requests a minimum of two (2) accesses are provided to/from the site for emergency purposes. 3.2 The Police Dept. requests a collector stub street is provided at the north boundary for future extension. 4. FIRE DEPARTMENT Project Overview: 1. Level of Service Travel time from nearest fire station (level of service expectation = 5 minutes) This development is 7:00 minutes from the nearest fire station. If approved, the Fire Department cannot meet the response time requirements. A fire station would need to be Meridian City Council Meeting Agenda October 2, 2018 – Page 329 of 580 - 13 - built closer to this development to meet the response times. Ada County EMS will also have extended response times to this project. 2. Resource reliability Current reliability of closest fire station (expectation should be 85% or greater) This development is closest to Fire Station #2. Current reliability is 90% from this station and meets the targeted goal of 85% or greater. 3. Resource allocation Risk Factor (1=residential, 2=residential with hazards, 3=commercial, 4=commercial with hazards, 5=industrial) This proposed commercial development has a risk factor of 4, in which current resources would be not be adequate to supply service to this propose project. Additional risk factors would include a large population of students in one area, a chemistry lab, automotive/industrial shops as well as sporting events drawing large crowds. 4. Resources available Water Supply (list expectations) Water supply for this proposed development requires 1500 gallons per minute for four hours. (Approximate – see appendix B of the 2015 International Fire Code) 5. Accessibility Roadway Access, traffic This project meets all required road widths and turnarounds. There will need to be “NO Parking Fire Lane” signs installed on all the driveways and cul-d-sacs. There will need to be a secondary access road built on the north end of the project for secondary access. 6. Specialty needs a. Aerial device needed for development? i. If yes, is one available within a 10 minute travel time This proposed development will require an aerial device response in the case of a structure fire. The closest truck company is 15 minutes travel time (in perfect conditions) to the proposed development, and therefore the Fire Department cannot meet this need in the required timeframe. There will need to be another truck company on the west side of the fire district. b. Other specialty needs (water rescue, hazmat, technical rescue)? i. If yes, is one available within a 5 minute travel time? In the event of a hazmat event, there will need to be mutual aid required for the development. This will require additional time delays as they are not available in the city. 7. Other Comments Project specific comments are listed below. 4.1 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. Meridian City Council Meeting Agenda October 2, 2018 – Page 330 of 580 - 14 - 4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department or their designee in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the 4 ½” outlet. The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on corners when spacing permits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10’. e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards. g. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4.5 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-1. 4.6 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. Cul- D-Sacs shall be 96’ in diameter minimum and shall be signed “No Parking Fire Lane” per International Fire Code Sections 503.3 & D103.6. 4.7 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. 4.8 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. 4.10 Buildings over 30’ in height are required to have access roads 26’ in width minimum in accordance with the International Fire Code Appendix D Section D105. Meridian City Council Meeting Agenda October 2, 2018 – Page 331 of 580 - 15 - 4.11 Provide a Fire Department Key box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 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 This project will be required to provide a 20’ wide swing or rolling emergency access gate as set forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a Knoxbox padlock which has to be ordered via the website www.knoxbox.com . All gates at the entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away from the roadway, unless other provisions are made for safe personnel operations as set forth in National Fire Protection Association 1141, Section 5.3.16 - 2017 edition. 4.14 The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC 102.9. Caps can be ordered at www.knoxbox.com. 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 P r o t e c t i o n IFC 503.4.1. 4.16 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses as set forth in International Fire Code Appendix D104.2. The applicant shall provide an additional stub street to the property a. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road and all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4.17 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inches (60”) wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 4.18 Secondary emergency access routes shall be protected from illegal entry by a gate or collapsible bollards as set forth in IFC 503.5. An example would be the MaxiForce Collapsible bollards that is hydrant wrench activated or an approved equal. 4.19 The road between the school and the football field needs to be widened to a minimum of 26 feet in width. 5. REPUBLIC SERVICES 5.1 No comments have been received from Republic Services. Meridian City Council Meeting Agenda October 2, 2018 – Page 332 of 580 - 16 - 6. PARKS DEPARTMENT 6.1 Design and construct multi-use pathway(s) consistent with the location and specifications set forth in the Meridian Pathways Master Plan (Chapter 3). Any proposed adjustments to pathway alignment shall be coordinated through the Pathways Project Manager. 6.2 Provide a dedicated public access easement for a multi-use pathway connecting east-west across the property, or the neighboring parcel to the south (Future Residential). Pathway alignment within the Nampa-Meridian Irrigation District easement is acceptable/ encouraged. Pathway connect eastward in a manner that shall facilitate access to future pedestrian facilities at the proposed SH16 interchange at Ustick and McDermott Roads. 6.3 Pathway easements shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side). Use standard City template for public access easement. Easement checklist must accompany all easement submittals. 6.4 Project developer shall also provide a 10’wide multi-use pathway parallel to the proposed north- south collector road along the west boundary of the project site. Attached sidewalk is acceptable. An easement is not required for any multi-use pathway (or portion of pathway) located within the public right-of-way. 6.5 Construct multi-use pathways per typical paving section(s) shown in the Meridian Pathways Master Plan, Chapter 3. 6.6 The owner (or representative association) of the property affected by the public access easement shall have an ongoing obligation to maintain the multi-use pathway. 6.7 Prior to constructing any pathway within an existing irrigation district easement, the applicant shall first consult with the district having jurisdiction to obtain a License Agreement and/or other required approvals. Meridian City Council Meeting Agenda October 2, 2018 – Page 333 of 580 - 17 - 7. CENTRAL DISTRICT HEALTH DEPARTMENT 8. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) See next page Meridian City Council Meeting Agenda October 2, 2018 – Page 334 of 580 - 18 - Meridian City Council Meeting Agenda October 2, 2018 – Page 335 of 580 - 19 - 9. IDAHO TRANSPORTATION DEPARTMENT (ITD) See next page Meridian City Council Meeting Agenda October 2, 2018 – Page 336 of 580 - 20 - Meridian City Council Meeting Agenda October 2, 2018 – Page 337 of 580 - 21 - 10. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) Meridian City Council Meeting Agenda October 2, 2018 – Page 338 of 580 - 22 - Meridian City Council Meeting Agenda October 2, 2018 – Page 339 of 580 - 23 - Meridian City Council Meeting Agenda October 2, 2018 – Page 340 of 580 - 24 - Meridian City Council Meeting Agenda October 2, 2018 – Page 341 of 580 - 25 - 11. ADA COUNTY HIGHWAY DISTRICT (ACHD) The Applicant has requested modifications/waivers to the staff report; and an adjacent property owner want to provide testimony regarding future access to their parcel. Therfore, the application is scheduled to be heard by the ACHD Board of Commissioners on September 5, 2018. Changes may be made to the staff report depending on the outcome of that meeting. 11.1 Site Specific Conditions 11.1.1 ACHD is committed to working with the applicant in regard to the timing of permits, plan approval, and phasing of the construction, however, all required improvements necessary to serve the site shall be completed prior to the occupancy of the school. 11.1.2 Enter into a signal agreement with ACHD for the installation of the interim signal at the Star Road/Ustick Road intersection. The signal agreement shall include that the intersection be designed to provide a 3 X 3 intersection with three 12-foot wide travel lanes: one receiving lane, one dedicated left turn lane, and one thru/right lane on each approach; that the applicant is responsible for all costs associated with the design, and installation of the interim signal, ACHD will provide hardware, and that interim improvements are not eligible for reimbursement by ACHD. 11.1.3 In order to ensure the Star Road/Ustick Road intersection will be improved when warranted, the following items must be in place prior plans acceptance: Signal Agreement Full design and approved plans for the intersection 11.1.4 Enter into a signal agreement with ACHD for the installation of the interim signal at the Star Road/McMillan Road intersection. The signal agreement shall include that the intersection be designed to provide a 3 X 3 intersection with three 12-foot wide travel lanes: one receiving lane, one dedicated left turn lane, and one thru/right lane on each approach; that the applicant is responsible for all costs associated with the, design, and installation of the interim signal, ACHD will provide the hardware, and that interim improvements are not eligible for reimbursement by ACHD. 11.1.5 In order to ensure the Star Road/McMillan Road intersection will be improved when warranted, the following items must be in place prior plans acceptance: Signal Agreement Full design and approved plans for the intersection 11.1.6 Enter into a signal agreement with ACHD for the installation of the interim signal at the North- South Collector/Ustick Road intersection. The signal agreement shall include that the intersection be designed to provide a 3 X 3 intersection with three 12-foot wide travel lanes: one receiving lane, one dedicated left turn lane, and one thru/right lane on the east and south bound approach and a thru and dedicated right turn lane on the westbound approach; that the applicant is responsible for all costs associated with the hardware, design, and installation of the interim signal, and that interim improvements are not eligible for reimbursement by ACHD. 11.1.7 In order to ensure the North-South Collector/Ustick Road intersection will be improved when warranted, the following items must be in place prior plans acceptance: Signal Agreement Full design and approved plans for the intersection Meridian City Council Meeting Agenda October 2, 2018 – Page 342 of 580 - 26 - 11.1.8 Prior to the opening of the school, widen and restripe Ustick Road to provide center two way left turn lanes with 150-feet of storage on the east and westbound approaches of Ustick Road at the McDermott Road intersection. 11.1.9 Dedicate 48-feet of right-of-way from the centerline of Ustick Road. No compensation will be provided for this right-of-way dedication. 11.1.10 Construct a 5-foot wide detached concrete sidewalk located a minimum of 41-feet from the centerline of Ustick Road abutting the site. Provide a permanent right-of-way easement if detached sidewalks are constructed outside of the dedicated right-of-way. 11.1.11 Widen the pavement on Ustick Road to a minimum width of 17-feet from centerline with a 3-foot wide gravel shoulder abutting the site. 11.1.12 Construct the North-South Collector roadway abutting the site’s west property line as a 46-foot street section with vertical curb, gutter, and a 5-foot wide detached (or 7-foot wide attached) concrete sidewalk abutting the site. On the west side of the roadway construct a 3-foot wide gravel shoulder and barrow ditch sized to accommodate the roadway storm runoff. The right-of- way may extend to 2-feet behind the back of curb if sidewalks are detached and shall encompass the entire barrow ditch. Provide a permanent right-of-way easement for detached sidewalks. 11.1.13 Stub the North-South Collector to the northern out parcel, as proposed (terminates at the East/West collector). Install a sign at the terminus of the North-South Collector, north of the East/West collector street stating that, “THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.” 11.1.14 Construct the East-West Collector as a 36-foot wide collector street section with curb to curb vertical curb, gutter, and a 5-foot wide detached (or 7-foot wide attached) concrete sidewalk on the south side of the roadway within 54-feet of right-of-way. The right-of-way may be reduced to 2-feet behind the back of curb if detached sidewalks are constructed. Provide a permanent right- of-way easement for detached sidewalk located outside of the dedicated right-of-way. 11.1.15 Construct a cul-de-sac turnaround with a minimum radii of 45-feeet at the terminus of the East- West collector Roadway. Install a sign at the terminus of the stub street stating that, “THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.” 11.1.16 Construct the following driveway onto the North-South Collector Road, as curb return type driveways: One 26-foot wide driveway located 1,650-feet north of Ustick Road. One 36-foot wide driveway located 2,210-feet north of Ustick Road. One 28-foot wide “Enter Only” driveway located 2,840-feet north of Ustick Road. Sign this driveway for “ENTER ONLY”. One 28-foot wide “Exit Only” driveway located 3,540-feet north of Ustick Road. Sign this driveway for “DO NOT ENTER EXIT ONLY”. One 36-foot wide driveway located 4,400-feet north of Ustick Road. 11.1.17 Construct dedicated right turn lanes on the North-South collector roadway at all driveway intersections, except for the exit only driveway. Meridian City Council Meeting Agenda October 2, 2018 – Page 343 of 580 - 27 - 11.1.18 Construct one 26-foot wide curb return driveway onto the East-West Collector roadway located 1,550-feet east of the North-South Collector. Sign this driveway for “AUTHORIZED VEHICLES ONLY”. 11.1.19 The West Ada School District shall be responsible for all costs associated with the design, hardware, and construction of any pedestrian facilities needed to accommodate future pedestrian needs of the school. This includes flashing beacons, crosswalk striping and signage, and HAWK signals or RRFBs. 11.1.20 Comply with all Standard Conditions of Approval. 11.2 Standard Conditions of Approval 11.2.1 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). 11.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 11.2.3 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. 11.2.4 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. 11.2.5 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. 11.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 11.2.7 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. 11.2.8 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. 11.2.9 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. 11.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11.2.11 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. Meridian City Council Meeting Agenda October 2, 2018 – Page 344 of 580 - 28 - 11.2.12 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. Meridian City Council Meeting Agenda October 2, 2018 – Page 345 of 580 - 29 - 12. Nampa & Meridian Irrigation District (NMID) Meridian City Council Meeting Agenda October 2, 2018 – Page 346 of 580 - 30 - Meridian City Council Meeting Agenda October 2, 2018 – Page 347 of 580 - 31 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary Meridian City Council Meeting Agenda October 2, 2018 – Page 348 of 580 - 32 - Meridian City Council Meeting Agenda October 2, 2018 – Page 349 of 580 - 33 - D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Commission finds that the proposed map amendment to the R-8 zoning district is consistent with the Medium Density Residential (MDR) FLUM designation. Although the proposed amendment is consistent with the FLUM, the Commission finds there are provisions of the Plan that the proposed development does not comply with such as the timely, orderly and logical expansion of infrastructure and services and the provision of safe pedestrian and bicycle routes to school (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 Commission finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement of the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment in itself will not be detrimental to the public health, safety, or welfare; however, the development of the property at this time may be detrimental due to the analysis provided in this report specifically pe rtaining to life safety concerns (i.e. access to the site and safe pedestrian and bicycle routes to the site from adjacent neighborhoods). 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 Commission finds that the proposed zoning amendment and subsequent development may indeed adversely impact the provision of emergency services to this site and existing properties within the City as development of this site will further stretch services, especially in this rural location which results in longer emergency response times to the site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Commission finds the proposed annexation of this property is not in the best interest of the City at this time for the reasons stated in this report. 2. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Meridian City Council Meeting Agenda October 2, 2018 – Page 350 of 580 - 34 - The Commission finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-8 zoning district and the specific use standards listed in UDC 11-4-3-14, Education Institution. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed education institution in the R-8 zoning district is a desired use; however, the Commission finds the issues related to provision of services to this site at this time and limited access (only one access) for the site are not harmonious with the objectives and policies of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that the general design, construction, operation and maintenance of the education institution should be compatible with existing residential and agricultural uses in the vicinity. Further, the Commission finds that the proposed project will be compatible with the existing and intended character of the area and will not adversely change the character thereof. The Commission recommends that the Council consider any public testimony that may be presented to determine whether or not the proposal will adversely affect other properties in the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that the proposed development should not adversely affect other property in the vicinity. If approved, conditions of approval will be included in Exhibit B of this staff report to ensure the proposed use will not adversely affect other properties in the vicinity. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water and irrigation can be made available to the subject property; however, it will require significant off-site improvements to bring utilities to and through the site, which will be the responsibility of the developer. Substantial improvements to Ustick Road and intersections in the square mile are required by ACHD prior to occupancy. Further, the Commission finds that due to the rural location of this site at the City’s west periphery boundary, longer response times are expected from emergency personnel which the Commission does not find is adequate, especially for a school. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies in Exhibit B and the analysis in Sections VII and IX of the staff report. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Commission finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. Meridian City Council Meeting Agenda October 2, 2018 – Page 351 of 580 - 35 - g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. However, the Council should rely on public testimony from adjacent neighbors to determine if the proposed lighted fields and outdoor speaker system and large volume of traffic generated by the proposed use will be detrimental to their welfare in determining this finding. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Commission recommends that the Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which the Commission is unaware. Meridian City Council Meeting Agenda October 2, 2018 – Page 352 of 580 +•D11I�� • (* of PW � 54, l - BOISE HUNTER HOMES Comments on Proposed Owyhee High School Impact of Owyhee High School and SH16 Access Road Comments •ACHD Policy Manual Section 7206.2.4 •Requires stub streets to avoid undue hardship on adjacent properties •Meridian Code •The “applicant shall construct a street, generally paralleling the state highway, to provide future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road” (Section 11-3H-1B3) •Access preservation is a routine requirement of all development applications ITD Request for Preservation of Connectivity •“… the West Ada School District’s currently proposed site plan does not preserve Right of Way on the east side of their parcel… needed to serve several parcels that will be cut off… when the highway is built.” •“ITD is willing to review any proposed alternatives that will maintain the necessary connectivity for all parcels affected…” ITD-Preferred Option Summary: •Require West Ada School District to construct a local street along the eastern boundary of the school site as shown on the approved Highway 16 Corridor Plan Map. Pro: •Follows Highway 16 Corridor Plan Map Cons: •Greater expense for WASD •Circuitous route for Flowers and Boise Hunter Homes Staff-Recommended Option Summary: •Add a condition of approval requiring the West Ada School District to construct a local street along the southern boundary of the school site. The street should stub to Parcel #S0432429350 and not cross Parcel #S0432438800 Pros: •Preserves access for Boise Hunter Homes, Gerald Flowers, and WASD outparcel at lower cost Staff’s recommendation includes this backage road Sewer Connection Comments Solution: •Require easement to sewer termination point as a condition of approval Requested Conditions of Approval •Adopt Staff’s recommended condition of approval regarding access: •If council approves the subject project, Staff recommends an east/west local street is constructed at the south boundary of the high school site to provide public street access to the north/south collector street at the half mile for Parcel #S0432429350 (Woodside Avenue Investor, LLC); and an east/west collector street is constructed at the half mile per the MSM at the north boundary of the high school site to Parcel # S0432141900 Spriggel property) and Parcel #S0432417350 (Acclima Inc.). •Confirm easement access to sewer termination point Owyhee High School Annexation, Zoning & CUP H-2018-0075 Meridian City Council October 2, 2018 Introduction •Owyhee High School needed now in this location •OHS is community asset •Not patchwork annexation •Second public road access provided •Safe routes to OHS are provided •Woodside Investors receive adequate cross-access •City should adopt WASD’s conditions of approval OHS is needed now 14,582 approved residential homes will generate 11,665 new students in West Ada Accelerating Student Enrollment in West Ada School District •Idaho is now the fastest growing state in the US. Much of that growth is in the Treasure Valley. •If historic enrollment trends continue, West Ada School District’s student enrollment will exceed 50,000 students within the next ten years. •When enrollment exceeds about 47,000 students, West Ada will be in the 100 largest school districts in the United States - Currently approved residential subdivisions … in this location … in this location OHS is a community asset OHS is a community asset Not patchwork annexation •Property in area of impact •Marked as school site in comp plan •Zoning permitted by comp plan •Contiguous with city limits •Site carefully assessed by planning committee Not patchwork annexation Second public road Mid-mile collector extension to McMillan Second public road •Trilogy Development agrees: o Seek annexation o Construct mid-mile collector o Done by completion of OHS o Provide fire station site Safe routes are provided •District will build over ½ mile of sidewalks on mid-mile collector, E/W collector & Ustick •District will bus students for offsite safety •Staff concurs in this plan Woodside cross-access •Does not make sense to build street now oSH16 project, location & timing uncertain oITD will build local street connection for Woodside oWASD has no plans to develop south parcel Woodside cross-access •WASD will provide access and dedicate ROW for local street •Location: o Connect to north end of Flower parcel o Meet ACHD policy connection to collector •First to develop builds and pays for street •Utilities Conditions of approval •Safety Bussing: Condition H •Second Public Access: Condition K •Woodside Cross-Access: Condition G Questions? DRAFT CONDITIONS OF APPROVAL DA provisions (WASD): a. Compliance with the specific use standards listed in UDC 11-4-3-14, Education Institution, is required, including the provisions for accessory uses and portable classrooms. b. Outdoor lighting provided on the site, including the stadium lighting, is required to comply with the standards listed in UDC 11-3A-11. c. Construct minimum 5 -foot wide detached sidewalk along the north side of W. Ustick Rd. abutting the annexation area AND minimum 8 -foot wide detached concrete sidewalk on east side of the N/S mid -mile collector AND minimum 5 -foot wide detached concrete sidewalk on the south side of the E/W mid -mile collector. d. To mitigate extended response times for the Police Department, an SRO officer and office shall be provided at the school for school safety, prevention and education outreach programming at the cost of the developer as agreed upon with the Police Department. e. All improvements to adjacent roadways and intersections as required by ACHD must take place prior to issuance of Certificate of Occupancy for the high school. f. The east/west street at the north end of the high school site shall be constructed as a collector street in accord with the Master Street Map and shall extend to the east boundary of the school site with a temporary turnaround for future extension to the east. This street will provide connectivity to the north/south mid -mile collector for Parcel #S0432141900 (Spriggel) and Parcel #S0432417350 (Acclima Inc.) if SH -16 is extended and access is no longer available via N. McDermott Road. g. At the time of development of the parcel south of the school site (the "South Parcel"), an east/west local street shall be constructed in the general location designated on Exhibit A, extending to the west boundary of Parcel #50432438800 ("Flower's Parcel") with a temporary turnaround for future extension to the east. This future local street will provide connectivity to the north/south mid -mile collector for the Flower's Parcel and for Parcel #S0432429350 ("Woodside Parcel") if SH -16 is extended and access is no longer available via N. McDermott Road. If the Flower's Parcel or the Woodside Parcel develop prior to the South Parcel, and connectively to the north/south mid -mile collector is required, applicant shall allow access to such developer for construction of the local street and shall dedicate the required easements and right-of-way to ACHD concurrent with the final plat for such development but it shall be the obligation of the first to develop to construct and pay for the local road. h. Until there is safe, separate pedestrian and bikeway access to the high school, all students must be bussed to the school site in accordance with West Ada School District Policy No. 702.51 regardless of proximity to the school site. i. All improvements impacting existing irrigation drains and laterals must comply with Nampa & Meridian Irrigation District requirements set forth in its August 8, 2018 comment letter. Five Mile Creek shall remain open and not be piped or otherwise covered and shall be protected during construction. j. Street buffer landscaping and sidewalks shall be provided along the frontage of the annexation area on the north side of W. Ustick Rd. AND on the east side of the N/S mid -mile collector AND on the south side of the E/W mid -mile collector in accord with the standards in UDC 11-313-7C and 11-3A-17. k. The north/south mid -mile collector shall be extended north to W. McMillan Road for two points of public street access to the school site prior to issuance of Certificate of Occupancy for the high school; this will include construction of the Five Mile Creek crossing in compliance with the requirements of Nampa & Meridian Irrigation District. The landowner to the north has entered into an agreement with developer to annex and extend the north/south mid -mile collector to W. McMillan Road. I. Direct access to the annexation area via W. Ustick Rd. is prohibited in accord with UDC 11-3A-3. m. A 10 -foot wide multi -use pathway shall be constructed generally along the Sky Pilot Drain as depicted on the Pathways Master Plan. The multi -use pathway shall extend west to the mid -mile collector and east to the east boundary of the annexation area. Landscaping shall be provided along the pathway in accord with the standards listed in UDC 11 -3B -12C, except as limited by Nampa & Meridian Irrigation District. A 14 -foot wide public pedestrian easement is required for the pathway and shall be submitted to the City for approval by City Council prior to issuance of Certificate of Occupancy of the high school. DA Provisions (Spriggel): a. An application for a modification to the development agreement shall be submitted prior to development of the subject property; a conceptual development plan and conceptual building elevations shall be included in the application. b. The existing home shall hook up to City water services within 60 calendar days of such service becoming available. At such time, the existing well may only be used for irrigation purposes. c. The existing home shall hook up to City sewer services within 60 calendar days of such service becoming available and when either: (1) the existing on-site septic system fails; or (2) the owner voluntarily elects to hook up to City sewer services. When the existing home connects to City sewer the septic system shall be abandoned as set forth in Meridian City Code 9-1-4. d. If residential uses are developed on this site (excluding existing home) after SH 16 is extended adjacent to the subject property, the developer shall comply with the noise abatement standards listed in UDC 11 -3H -4D for residential development adjoining state highways. CUP conditions: a. The landscape plan shall include vegetation groundcover in required landscape areas per the standards listed in UDC 11-313-7C and 11-313-8C. b. A 10 -foot wide multi -use pathway shall be constructed generally along the Sky Pilot Drain as depicted on the Pathways Master Plan. The multi -use pathway shall extend west to the mid -mile collector and east to the east boundary of the annexation area. Landscaping shall be provided along the pathway in accord with the standards listed in UDC 11-313-12C, except as limited by Nampa & Meridian Irrigation District. A 14 -foot wide public pedestrian easement is required for the pathway and shall be submitted to the City for approval by City Council prior to issuance of Certificate of Occupancy of the high school. c. Construct minimum 5 -foot wide detached sidewalk along the north side of W. Ustick Rd. abutting the annexation area AND minimum 8 -foot wide detached concrete sidewalk on east side of the N/S mid -mile collector AND minimum 5 -foot wide detached concrete sidewalk on the south side of the E/W mid -mile collector. d. Accessory uses and future portable classrooms shall comply with the specific use standards listed in UDC 11-4-3-14. e. Outdoor lighting is required to comply with the standards listed in UDC 11-3A-11. 2. Public Works Department 2.1 Site Specific Conditions of Approval: 2.1.1 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.1.2 Offsite Sanitary Sewer and Domestic Water utility plans shall be submitted for engineering review and approval. 2.1.3 System capacity is available to serve this development with two 12 -inch water main connections. Plans showing these features will need to be reviewed by engineering when available to ensure fire flow meets needs. 2.1.4 The provision of water and sewer service to this development will require significant off-site improvements to bring utilities to and through the site, which will be the responsibility of the developer. The site is also subject to reimbursement fees, and upgrade expenses associated with the Oaks Lift Station, as well as other reimbursement fees associated with the water system. 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 then 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 all qualifying 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 receiving development plan approval. 2.2.5 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed 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. 2.2.6 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. 2.2.7 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. 2.2.8 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.2.9 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act. 2.2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.11 Developer shall coordinate mailbox locations with the United States Postal Service, Meridian Office. 2.2.12 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.13 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. 2.2.14 The applicant's 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 ACRD. 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. 2.2.15 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. 2.2.16 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. 2.2.17 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 208-887-2211. EXHIBIT A General Depiction of Local Road I how DRAFT CONDITIONS OF APPROVAL DA provisions (WASD): a. Compliance with the specific use standards listed in UDC 11-4-3-14, Education Institution, is required, including the provisions for accessory uses and portable classrooms. b. Outdoor lighting provided on the site, including the stadium lighting, is required to comply with the standards listed in UDC 11-3A-11. c. Construct minimum 5 -foot wide detached =-=-"sidewalk along ua. the north side of W. Ustick Rd. abutting the annexation area AND minimum 8 -foot wide detached concrete sidewalk on east side of the NIS mid -mile collector AND minimum 5 -foot wide detached (Ief tem.A.pewafy asphW411t, mathxviviays� ea site with iii tL e ri ght ef :%A raA r or T61AIA% F A I %_J A %� %J ee EHC tPAIR21 hilif"0141 selma concrete sidewalk on the south side of the E/W mid -mile collector. d. e. To mitigate extended response times for the Police Department, an SRO officer and office shall be provided at the school for school safety, prevention and education outreach programming at the cost of the developer as agreed upon with the Police Department. e. All improvements to adjacent roadways and intersections as required by ACHD must take place prior to issuance of Certificate of Occupancy for the high school. f. -The east/west street at the north end of the high school site shall be constructed as a collector street in accord with the Master Street Map and shall extend to the east boundary of the school site with a temporary turnaround for future extension to the east. This street will provide aeee-�=connectivity to the north/south mid -mile collector r+root Lt thew hl"al ff li for Parcel #c" N-1nn � !� -.11 If -d JL4I -11 on -11, %JnSO432141900 (Spriggel) and Parcel #cnn 2Q4I I 1 -.11-/172��SO432417350 (Acclima Inc.) aneeif SH -16 is extended and access is no longer available via N. McDermott Road. -A zki. t the time of development of the parcel south of the school site (the "South Parcel"), an east/west local street shall be constructed r.hgll QnL^^1 in the general location designated on Exhibit A, extending to the west boundary of Parcel #50432438800 ("Flower's Parcel") with a temporary turnaround for future extension to the east. This future local street will provide � connectivity to the north/south mid -mile collector turret �+for the A A %1L I hal+ .411 Flower's Parcel and for Parcel #r94-��I SO432429350 ("Woodside , .-=Parcel" if SH -16 is extended and access is no longer available via N. McDermott Road. If the Flower's Parcel or the Woodside Parcel develop prior to the South Parcel, and connectively to the north/south mid -mile collector is required, applicant shall allow access to such developer for construction of the local street and shall dedicate the required easements and right-of-way to ACRD concurrent with the final plat for such development but it shall be the obligation of the first to develop to construct and pay for the local road. h. �-� r��r�� reh^^j in {�� nL�'I2Nr_p ^ �'ntil there is safe, separate pedestrian and ]:lieyele, aeeessbikeway access to the high school, all students must be bussed to the school site in accordance with West Ada School District Policv No. 702.51 regardless of proximity to the school site. All improvements impacting existing irrigation drains and laterals must comply with Nampa & Meridian Irrigation District requirements set forth in its August 8, 2018 comment letter. Five Mile Creek shall remain open and not be piped or otherwise covered and shall be protected during construction. -.----Street buffer landscaping and sidewalks shall be provided along the frontage of the annexation area on the north side of W. Ustick Rd. and :NT_11"'�^nom'''''^�Rd-AND on the east side of the N/S mid -mile collector AND on the south side of the E/W mid -mile collector in accord with the standards in UDC 11 -3B -7C and 11-3A- 1 .17. k. The north/south mid -mile collector stiyet at ttiQ ,Lad f -i ite shall be extended north to W. McMillan Road for two points of public street access to the school site prior to issuance of Certificate of Occupancy for the high school; this will include construction of A. the Five Mile Creek. . crossing in compliance with the requirements of Nampa & Meridian Irrigation District. The landowner to the north has entered into an agreement with developer to annex and extend the north/south mid -mile collector to W. McMillan Road. Direct access to the annexation area via W. Ustick Rd. is prohibited in accord with UDC 11-3A-3. m. --A 10 -foot wide multi -use pathway =shall be constructed generally along the Sky Pilot Drain as depicted on the Pathways Master Plan . The multi -use pathway shall extend west to the mid -mile collector and east to the east boundary of the annexation area. Landscaping shall be provided along the pathway in accord with the standards listed in UDC 11 -3B -12C except as limited by Nampa & Meridian Irrigation District. A 14 -foot wide public pedestrian easement is required for the pathway and shall be submitted to the City for approval by City Council prior to issuance of Certificate of Occupancy of the high school. DA Provisions (Spriggel): a. An application for a modification to the development agreement shall be submitted prior to development of the subject property; a conceptual development plan and conceptual building elevations shall be included in the application. b. The existing home shall hook up to City water - services within 60 calendar days of -such service becoming available. At such time, the existing well may only be used for irrigation purposes c. The existing home shall hook up to City sewer services within 60 calendar days of such service becoming available and when either: (1) the existing on-site septic system fails; or (2) the owner voluntarily elects to hook up to City sewer services. When the existing home connects to City sewer the septic system shall be abandoned as set forth in Meridian City Code 9-1-4. d. If residential uses are developed on this site excluding existing home) after SH 16 is extended adjacent to the subject property, the developer shall comply with the noise abatement standards listed in UDC 11 -3H -4D for residential development adjoining state highways. rlip cnnditinnc,-_ a. The landscape plan shall - n include vegetation groundcover in required landscape areas per the standards listed in UDC 11-313-7C and 11-313-8C. b. A 10 -foot wide multi -use pathway shall be constructed generally along the Sky Pilot Drain ifi- as depicted on the Pathways Master Plan. A. -f^^+ :%jriapThe multi -use pathway shall extend west to the mid -mile collector stfeet a4effg,and east to the `isteast boundary of the annexation area. Landscaping shall be provided e„ o;+har ks;aa^�alo�n the pathway in accord with the standards listed in UDC 11-313-12C except as limited by Nampa & Meridian Irrigation District. A 14 -foot wide public pedestrian easement is required for the pathway and shall be submitted to the City for approval by City Council prior to issuance of Certificate of Occupancy of the high school. C. -�-;-�- 1_=_ -Construct minimum 5 -foot wide detached St e6E)H41--ir-tiad ;n +n�tsidewalk along the north side of W. Ustick Rd. abutting the annexation area AND minimum 8 -foot wide detached concrete sidewalk on east side of the N/S mid -mile collector AND minimum 5 -foot wide detached concrete sidewalk on the south side of the E/W mid -mile collector. d. Accessory uses and future portable classrooms shall comply with the specific use standards listed in UDC 11-4-3-14. e. Outdoor lighting is required to comply with the standards listed in UDC 11-3A-11. -2. Public Works Department 2- 2.1 Site Specific Conditions of Approval: -2.1.1 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at RLi / VV , m1t J L eH rL i Laffll%ei org/p,1121lie werlczs All. i — http://www. me ridiancity.org/public works.aspx?id=272. 2.1.2 Offsite Sanitary Sewer and Domestic Water utility plans shall be submitted for engineering review and approval. --2.1.3 System capacity is available to serve this development with two 12 -inch water main connections. ems. Plans showing these features will need to be reviewed by engineering when available to ensure fire flow meets needs. �4-2.1.4 The provision of water and sewer service to this development will require significant off-site improvements to bring utilities to and through the site, which will be the responsibility of the developer. The site is also subject to reimbursement fees, and upgrade expenses associated with the Oaks Lift Station, as well as other reimbursement fees associated with the water system. 11M fl4p .. .. ... ■ =ELM F.. _ .. _ L 1. .0111 W.. .11 WAILIMAWA,IWA,i I �Irz� kyj . . . . . _ .. . . I -ILA - - 'Nai . .. - ..� 11 . • . . . - - ... - .- - -- - - MMA���W I IMLLWA WMENMANN M - - -0. . - - - -- - - - .. - - - - _ _ . .. . . _ . . . . .. N. • . . �11%MMUMELmXWAW=wLv�WAII . ... �10 01 1 LWMVLWAILVAUBM*A�BEILVAL' _ . . .. . ! IMA _ . - ... .. WA WAWA N Oil M I W is VA%]L"2L*�EMEN - - -•- -. WIN ILwAILVWNLmg=q ... 11 1111 "ML�04 .. MLMWM' a Iiii- - 0 ►, .. WAELVALAAKLW�XVI I Ill LW WROM�illi��� O!Skvm�4!9 a 021 MEN 1 .. le!ljmm.. . _ . VIA _ .. . . . W111111 0111"VIAN hF%We3 •UirM3 ba 0 *bF%o a NOWbil MINIMUM • • •• • • • • NO4RUIRROOlop! I OR •• . • . I lo 2.2 2.2 General Conditions of Approval: 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 then alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2-.2-2.2.2 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 all qualifying infrastructure enhancement per MCC 8-6-5. 2.2.3.2.2.3 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 to prior to receiving development plan approval. 2.2. 2.2.5 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed 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. 2.2.6-2.2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 'o Q netitaet-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. 2.2.7 2.2.7 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. .. . .. .. . M. Am. N951W-N.0 R�f 4 §L"W4!qqE9 MEN as son ENKI!VMN WINEVIELWMELVIO&W MWA4!R%JLWM4!4WA WAILVALIPWkWWWAL-ANER Nk""ARILM 90 INMERWIE&W. NEGOLMS IN N 5. 1 9 2 h I N a VA a ; a raw I ". M Pffl" r. " 17,41111 W W &WAKIt NWAPANVEFMILWA�WAWNEILVE@mwli,�� WINNER 2 2 0-2.2.8 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.2.9 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act--�-tp���- u�„� ;�,= n „r . 2.2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. ����-2.2.11 Developer shall coordinate mailbox locations with the United States Postal Service, Meridian - Office. 2.2.12 All grading of the site shall be performed in conformance with MCC 11-12-3H. .142.2.13 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. 2.2.14 The applicant's 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. 2.1 2.2.15 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. .JL 1 2.2.16 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/pubIic_works.aspx?id=272. 2.2.17 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 208-887-2211. EXHIBIT A General Depiction of Local Road al Road r _. +l South p, -,I -cel Flo�lE Klls-TIL r Document comparison by Workshare 9 on Thursday, September 27, 2018 1:27:54 PM Input: Document 1 ID interwoven Site, HATH OS/GPDMS/14358586/1 Description #14358586v1 <GPDMS> - Draft Conditions of Approval Document 2 ID interwovenSite://ATHOS/GPDMS/14358586/4 Description #14358586v4<GPDMS> - Draft Conditions of Approval Rendering set Standard Legend: Insertion DC`iL tWL Moved to Style change Format change Igllpt* V I %.A V %_ %A %A Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 103 Deletions 93 Moved from 3 Moved to 3 Style change 0 Format changed 0 Total changes 202 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 9 F Project File Number: Item Title: Intent to Covey Real Property Public Hearing for Intent to Convey Real Property (Old City Hall) to the Meridian Development Corporation Public Hearing to consider the proposed conveyance of Old City Hall to the Meridian Development Corporation for redevelopment purposes. City Council will determine if the conveyance is in the best interest of the City and the amount of compensation to be received. If the conveyance is approved, an Ordinance directing the disposition of the property is on the Agenda and can be passed with a motion to include the sale price determined by City Council after the hearing. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.F. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Intent to Convey Real Property (Old C ity Hall) to the M eridian Development Corporation Public Hearing to consider the proposed conveyance of Old City Hall to the Meridian D evelopment C orporation f or redevelopment purposes. City Council will determine if the conveyance is in the best interest of the C ity and the amount of compensation to be received. I f the conveyance is approved, an Ordinance directing the disposition of the property is on the Agenda and can be passed with a motion to include the sale price determined by City Council after the hearing. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Notice of Hearing Cover Memo 9/26/2018 P roposed P urchase and S ale A greement Draft A greements / C ontracts 9/27/2018 Draft MO U A greements / C ontracts 10/2/2018 A ppraisal B ackup Material 10/2/2018 Redevelopment Proposal B ackup Material 9/26/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 9/28/2018 - 2:23 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 390 of 580 Details and Signatures For Public Hearing Hearing Date: 10/2/2018 Hearing Type: Council Item Number: 9-F Project Name: Public Hearing for Intent to Convey Real Property to Meridian Development Corporation Project No.: - Active: Signature City -State- I Wish To Address For Against Neutral Sign In Date/Time Name Zip Testify 141 E Carlton 10/2/2018 6:17:17 Todd Lakey Meridian ID X X Ave PM Go Back To List Export To Excel © 2018 - City of Meridian, Idaho 1 Charlene Way From:C.Jay Coles Sent:Wednesday, October 10, 2018 11:24 AM To:Charlene Way Subject:RE: Old City Hall Let’s put this email in the minute book with the public hearing for the conveyance of property. From: Joe Borton Sent: Wednesday, October 3, 2018 11:51 AM To: C.Jay Coles <cjcoles@meridiancity.org>; Bill Nary <bnary@meridiancity.org> Cc: Tammy de Weerd <tdeweerd@meridiancity.org> Subject: Fwd: Old City Hall I cannot see who he sent this to, so forwarding to you two in case you did not get it. I did not reply. Joe Begin forwarded message: From: Rick Ritter <Rick@newventureslab.com> Date: October 2, 2018 at 3:31:31 PM PDT To: Undisclosed recipients:; Subject: Old City Hall I am sending this email prior to the Council meeting tonight, 10/2. I just completed reviewing all of the materials for Item F under Action Items - Intent to Convey Property. I see nothing in any of the materials that deal with the lease between the City and New Ventures Lab. I had a meeting with Ted Baird and Bill Nary on September 14th to discuss the issues associated with the transfer of the building to MDC. I came away from that meeting with the sense that this issue would be addressed and provide us with the ability to plan an orderly exit from the building at the appropriate time. I was also assured that the lease would not be prematurely 2 terminated and left vacant for months (or years) as has happened previously with other "projects". I believe that New Ventures Lab has met and exceeded the expectations set forth in our agreement over the last 3 1/2 years. The nine companies that have "graduated" and the 17 currently in residence along with Open Space memberships and the number of meetings and events conducted by a very diverse set of organizations are a testament to our contribution to the City. I would expect that our business agreement and relationship would merit some thought regarding the coming transition to a redevelopment project. Thank you for your consideration. Rick Rick Ritter Lab Director New Ventures Lab rick@newventureslab.com 208.870.0674 SUMMARY OF ACTION TAKEN REGARDING INTENT TO CONVEY REAL PROPERTY AND NOTICE OF PUBLIC HEARING SUMMARY OF ACTION TAKEN: On the 28th day of August, 2018, the City Council of the City of Meridian approved a proposal (“Proposal”) from The Pacific Companies and Novembrewhisky Properties, LLC regarding the redevelopment of City-owned real property located at 33 E. Idaho Avenue, Meridian Idaho (commonly referred to as “Old City Hall”) and identified as Ada County Parcel R5672000315. The Proposal is included in the record of the August 21 and 28, 2018 public meetings of the City Council and contains an explanation of the intended conveyance. The City Council’s action constitutes a Declaration of Intent to convey the real property to the Meridian Development Corporation for purposes as set forth in the Proposal. The amount of the proposed compensation to the City is $565,000.00. NOTICE IS HEREBY GIVEN: Pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho (including but not limited to Idaho Code section 50-1403), the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 6:00 p.m. on Tuesday, October 2, 2018 for the purpose of considering the proposed real property conveyance and determining whether it is in the City’s best interest to convey the Property to the Meridian Development Corporation for the amount of the proposed compensation or such other amount as the City Council deems just and reasonable. For further information, please contact the City Clerks Office at 888-4433. Publish: 14th day of September, 2018 C.JAY COLES, CITY CLERK Meridian City Council Meeting Agenda October 2, 2018 – Page 391 of 580 This is the City’s first discussion draft. MDC is currently considering the draft and will have a response prior to or at the October 2 hearing. The City Council will be asked to identify the Purchase Price (Section 3). The parties also need to identify the Closing Date (Section 1). REAL ESTATE PURCHASE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), is entered into and made effective on October ___, 2018 (the "Effective Date"), by and between the City of Meridian, an Idaho Municipal Corporation, whose address is 33 E. Broadway Ave, Meridian, ID 83642 (herein the "Seller"), and Meridian Development Corporation, and whose address is 104 E. Fairview Ave #239, Meridian, ID 83642, (herein the "Buyer"). WHEREAS SELLER wishes to sell the following described Property to BUYER, and BUYER desires to purchase the Property under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the promises, covenants, representations, and warranties set forth in this Agreement, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as set forth below. 1. Definitions. The following terms have the following meanings when used in this Agreement: "Agreement". This Purchase and Sale Agreement, including all exhibits attached to this Agreement. "Business Day". A day other than a Saturday, Sunday, or any federal holiday. "Closing". The consummation of the Transaction, as evidenced by the delivery of all required funds and documents to Escrow Agent and the disbursement or delivery of such funds and documents by Escrow Agent in. accordance with this Agreement and any other consistent instructions. "Closing Date". Closing of this transaction shall occur at a date agreed to by the parties but in any event no later than ______________. "Effective Date". The date this Agreement is signed by all parties. "Escrow". The escrow to be created in accordance with this Agreement. "Escrow Agent". ________________________Title Company. Real Estate Purchase Agreement Page 1 Meridian City Council Meeting Agenda October 2, 2018 – Page 392 of 580 "Property". The land commonly known as “Old City Hall” at 33 E. Idaho Ave, Meridian, Idaho and more particularly described as Lots 21, 22, 23, 24, 25, 26, 28, 29, 30, 31 and 32 in Block 2 of The Amended Plat of Townsite of Meridian, according to the official plat thereof, filed in Book 1 of Plats at Page 30, official records of Ada County, Idaho. "Purchase Price". The total purchase price to be paid by Buyer for the Property, as set forth in Section 3 of this Agreement. "Transaction". The purchase and sale of the Property contemplated by this Agreement. 2. Definitive Agreement for Purchase and Sale of Property. Upon full execution, this Agreement will be a binding agreement between Buyer and Seller for the purchase and sale of the Property on the terms, conditions and provisions set forth in this Agreement. This Agreement supersedes all other written or oral agreements between Buyer and Seller concerning the Transaction. If Buyer and Seller execute any separate escrow instructions with respect to the Transaction on Escrow Agent's form, as may be modified by Buyer and/or Seller in the sole discretion of each, and if there is any conflict or inconsistency between any provision of such escrow instructions and any provision of this Agreement, the provision of this Agreement will control. 3. Purchase Price and Method of Payment. The Purchase Price shall be $__________________ to be paid in full at Closing. 4. Title Commitment. Within three (3) days from the date this Agreement is signed by all parties, Escrow Agent shall issue and deliver to Buyer and Seller a commitment for title insurance with respect to the Property disclosing all matters of record and other matters of which Escrow Agent has knowledge which relate to the title to the Property, detailing Escrow Agent's requirements for closing the Escrow, committing to issue to Buyer an ALTA Standard Owner's Policy of Title Insurance with respect to the Property, and providing legible copies of all instruments referred to in the report (collectively, the "Commitment"). Buyer has ten (10) days after the Effective Date or after receipt of the Commitment, whichever occurs later, to review and to object in writing to any easements, liens, encumbrances or other exceptions or requirements in the Commitment (the "Title Objections"). If Buyer does not approve the Commitment or object within the time specified, then the condition of title to the Property reflected on the Commitment will be deemed approved. If the Title Objections are made within the time specified, Seller may, but shall not be required to, attempt to eliminate the matters covered by the Title Objections by or before the Closing Date. If Seller is unable or unwilling, in their sole discretion, to eliminate the matters covered by the Title Objections by or before the Closing Date upon terms acceptable to Buyer, Seller shall so notify Buyer, and Buyer may either waive the Title Objections that Seller was unable or unwilling to eliminate or terminate this Agreement. 4.1 Amendments to Title Commitment. If the Commitment is amended by Escrow Agent, Escrow Agent shall immediately deliver to Buyer and Seller the amendment and provide legible copies of all additional instruments referred to in the amendment (collectively, the "Amendment"). Buyer has Real Estate Purchase Agreement Page 2 Meridian City Council Meeting Agenda October 2, 2018 – Page 393 of 580 five (5) days from the date of Buyer's receipt of the Amendment or through the Closing Date, whichever occurs earlier, to review and to object in writing to any easements, liens, encumbrances, or other exceptions or requirements in the Amendment which were not disclosed by the Commitment or a previous Amendment ("Additional Title Objections"). If Buyer does not approve the Amendment or object within the time specified, then the condition of title to the Property reflected on the Amendment will be deemed approved. If the Additional Title Objections are made within the time specified, Seller may attempt to eliminate the matters covered by the Additional Title Objections by or before the Closing Date. If Seller is unable or unwilling to eliminate the matters covered by the Additional Title Objections by or before the Closing Date upon terms acceptable to Buyer, Seller shall so notify Buyer, and Buyer may either waive the Additional Title Objections that Seller was unable or unwilling to eliminate or terminate this Agreement. 4.2 Title Insurance Policy. At Closing, Escrow Agent shall commit to issue to and in favor of Buyer or its assigns a Standard Owner's Policy of Title Insurance with respect to the Property in the amount of the Purchase Price, insuring fee simple title to the Property in Buyer effective on the Closing Date, subject to the standard exclusions and exceptions in such form of policy and subject to the Permitted Exceptions (the "Title Policy"). 4.3 Inspection and Seller's Property Disclosure Statement. Buyer has ten (10) days after the Effective Date (the “Inspection Review Period”) to inspect the Property and to conduct, review and approve any investigations, tests, analyses or studies deemed necessary by Buyer to determine the condition and feasibility of the Property for Buyer's purpose (the "Inspection Review"). Seller hereby grants to Buyer and Buyer's agents, employees, and contractors a nonexclusive right and license to enter upon the Property after giving reasonable advance notice to Seller to conduct the Inspection. Upon completion of the Inspection Review, Buyer shall restore the Property to its condition existing immediately prior to the Inspection Review. Buyer shall indemnify and hold Seller harmless from any loss incurred by Seller resulting from damage to the Property caused by the Inspection Review. If for any reason Buyer determines that the Property is not in a suitable condition or not feasible for Buyer's purpose, Buyer may terminate this Agreement within the Inspection Review Period and in such event any Earnest Money Deposit paid shall be returned to Buyer and this Agreement shall be terminated. If Buyer does not either approve or disapprove the Inspection Review, or otherwise terminate this Agreement prior to the expiration of the Inspection Review Period, then the Inspection Review will be deemed approved and any Earnest Money Deposit shall be non-refundable to Buyer, subject only to Seller’s default under this Agreement. 5. Closing. 5.1 Time and Place. Closing will take place in the offices of Escrow Agent on the Closing Date (defined above). 5.2 Seller's Closing Deliveries. At Closing, Seller shall deliver to Escrow Agent: 5.2.1 A Warranty Deed fully executed and properly acknowledged by Seller, conveying the Property to Buyer, free and clear of any mortgages or deeds of trust. Real Estate Purchase Agreement Page 3 Meridian City Council Meeting Agenda October 2, 2018 – Page 394 of 580 5.3 Buyer's Closing Deliveries. At Closing, Buyer shall deliver to Escrow Agent: 5.3.1 Payment in full for the Purchase Price. 5.4 Closing Costs. Buyer shall pay the premium for the standard owner’s Title Policy. Buyer will pay the additional premiums required for any extended coverage or endorsements requested by Buyer. Escrow fees will be split equally between Buyer and Seller. Each party must bear its own costs (including attorneys' fees) in connection with its negotiation, due diligence investigation and conduct of the Transaction. All other costs associated with the Transaction must be borne by the parties in accordance with custom in Ada County, Idaho, as determined by Escrow Agent, unless otherwise specified in this Agreement. 5.5 Possession. Buyer will be entitled to possession of the Property on the Closing Date. 6. Seller's Representations and Warranties. Seller represents and warrants to Buyer that: 6.1 Authority. Seller has full power and authority to enter into this Agreement and complete the Transaction. 6.2 Binding Agreement. Upon Seller's execution of this Agreement, this Agreement will be binding and enforceable against Seller in accordance with its terms, and upon Seller's execution of the additional documents contemplated by this Agreement, they will be binding and enforceable against Seller in accordance with their terms. 6.3 Title. Seller has fee title to the Property. Seller represents that Seller owns the property free and clear of any mortgages or deeds of trust. 6.4 No Violations. Seller has not received notice of any violation with regard to any applicable law, regulation, ordinance, requirement, covenant, condition or restriction relating to the present use, occupancy or condition of the Property from any person, authority or agency having jurisdiction over the Property. 6.5 Compliance with Law; Municipal Ordinances. Seller has not received any notices of violation of any law, regulation, condition of permit or license, order, ordinance, or any requirement noted in or issued by any federal, state, or local department having jurisdiction over or affecting Property which has not been. corrected, resolved, or withdrawn, and to the knowledge of Seller, the Property is in compliance with all applicable federal, state, and local laws and regulations in all material respects. 7. Buyer's Representations and Warranties. Buyer represents and warrants to Seller that: 7.1 Authority. Buyer has full power and authority to enter into this Agreement and complete the Transaction. Real Estate Purchase Agreement Page 4 Meridian City Council Meeting Agenda October 2, 2018 – Page 395 of 580 7.2 Binding Agreement. Upon Buyer's execution of this Agreement, this Agreement will be binding and enforceable against Buyer in accordance with its terms, and upon Buyer's execution of the additional documents contemplated by this Agreement, they will be binding and enforceable against Buyer in accordance with their terms. 7.3 Investigation of Property. Buyer has been or will be permitted access to the Property and will have actually inspected the Property prior to Closing. Buyer's consummation of the Transaction is based upon such inspection and not on any representations or warranties of Seller. 7.4 No Oral Representations. Buyer hereby acknowledges that neither Seller nor any person acting on behalf of Seller has made any representation, warranty, guaranty or promise concerning the Property, whether oral or written. 8. Broker's Commission. Seller and Buyer warrant, each to the other, that they have not dealt with any broker, realtor or finder in connection with the Transaction. 9. Risk of Loss. The risk of loss will be upon Seller until Closing. In the event of any material loss or damage to or condemnation of the Property prior to Closing, Buyer may terminate this Agreement. If Buyer waives any material loss or damage to or condemnation of the Property and proceeds to consummate this Transaction, or in the event of an immaterial loss, damage or condemnation, Seller shall, at Closing and as a condition precedent to Closing, pay to Buyer the amount of any insurance or condemnation proceeds attributable to the Property which have been received by Seller and assign to Buyer as of Closing all rights or claims to proceeds payable thereafter. 10. Remedies. 10.1 If Seller fails to perform any of Seller's obligations under this Agreement and that failure continues for five (5) days after Seller's receipt of written notice from Buyer, Buyer may, as Buyer's sole remedy for Seller's failure, either: (i) terminate this Agreement in accordance with Section 11, or (ii) bring an appropriate action for specific performance of this Agreement. 10.2 If Buyer fails to perform any of Buyer's obligations under this Agreement and that failure continues for five (5) days after Buyer 's receipt of written notice from Seller, Seller may, as Seller's remedies for Buyer's failure, either: (i) terminate this Agreement in accordance with Section 11, or (ii) bring an appropriate action for specific performance of this Agreement. 11. Termination. If Buyer or Seller elects to terminate this Agreement as provided under this Agreement, the terminating party shall give written notice of the termination to the other party and Escrow Agent. Upon termination by a party as provided in this Agreement, Escrow Agent shall return all documents deposited in the Escrow to the Seller. Upon delivery of such documents, this Agreement and the Escrow will be deemed terminated, and except as provided in this Agreement neither party will have any further liability or obligation under this Agreement. 12. Attorneys' Fees. If there is any litigation or other action taken by any party to enforce or interpret any provisions of or rights arising under this Agreement, the defaulting party shall pay to the Real Estate Purchase Agreement Page 5 Meridian City Council Meeting Agenda October 2, 2018 – Page 396 of 580 other party all costs and expenses, including but not limited to reasonable attorney fees and costs, which the other party may incur in enforcing this Agreement or in pursuing any remedy allowed by law, whether such is incurred by the filing of suit or otherwise. 13. Omitted. 14. Escrow Cancellation Charges. If the Escrow fails to close because of Buyer's default, Buyer will be liable for any escrow and title commitment cancellation charges by Escrow Agent. If the Escrow fails to close because of Seller's default, Seller will be liable for any such cancellation charges by Escrow Agent. If the Escrow fails to close through no fault of either Seller or Buyer, any such cancellation charges by Escrow Agent shall be divided equally between Seller and Buyer. 15. Additional Acts. The parties agree to execute promptly all other documents and perform all other acts as may be reasonably necessary to carry out the purpose and intent of this Agreement. 16. Business Days. If this Agreement requires any act to be done or action to be taken on a date which is not a Business Day, that act or action will be deemed to have been validly done or taken if done or taken on the next succeeding Business Day. 17. Waiver. The waiver by any party to this Agreement of any right granted to it under this Agreement is not a waiver of any other right granted under this Agreement, nor may any waiver be deemed to be a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived. 18. Survival. All of the covenants, agreements, representations and warranties set forth in this Agreement survive Closing, and do not merge into any deed, assignment or other instrument executed or delivered under this Agreement. 19. Counterparts/Facsimile. This Agreement may be executed in counterparts, each of which is deemed an original but all of which constitute one and the same instrument. The signature pages may be detached from each counterpart and combined into one instrument. This Agreement may be signed and delivered by facsimile which shall be effective as an original. 20. Successors and Assigns. This Agreement is binding upon and inures to the benefit of the parties to this Agreement and their respective successors and assigns. The parties agree and acknowledge that Buyer may assign its interest in this Agreement prior to or at Closing to another entity owned by ABC, LLC. 21. Entire Agreement. This Agreement sets forth the entire understanding of the parties with respect to the matters set forth in this Agreement as of the Effective Date; it supersedes all prior oral or written agreements of the parties as to the matters set forth in this Agreement; and it cannot be altered or amended except by an instrument in writing, signed by Buyer and Seller. 22. Construction. This Agreement is the result of negotiations between the parties, neither of whom has acted under any duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms Real Estate Purchase Agreement Page 6 Meridian City Council Meeting Agenda October 2, 2018 – Page 397 of 580 and provisions of this Agreement must be construed in accordance with their usual and customary meanings. Seller and Buyer hereby waive the application of any rule of law which otherwise would be applicable in connection with the construction of this Agreement that ambiguous or conflicting terms or provisions should be construed against the party who (or whose attorney) prepared the executed Agreement or any earlier draft of this Agreement. 23. Headings. The headings in this Agreement are for reference only and do not limit or define the meaning of any provision of this Agreement. 24. No Third-Party Beneficiary. No term or provision of this Agreement or the exhibits to this Agreement is intended to be, nor may any term or provision be construed to be, for the benefit of any person, firm, corporation or other entity not a party to this Agreement (including, without limitation, any broker), and no other person, firm, corporation or entity has any right or cause of action under this Agreement. 25. Severability. If any provision of this Agreement or any portion of any provision of this Agreement is determined to be invalid, illegal or unenforceable, the invalidity, illegality or unenforceability may not alter the remaining portion of such provision, or any other provision of this Agreement, as each provision of this Agreement is deemed severable from all other provisions of this Agreement. 26. Time of Essence. Time is of the essence in the performance of this Agreement. 27. Governing Law. This Agreement is governed by, and construed and enforced in accordance with, the laws of the State of Idaho. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date first written above. SELLERS: CITY OF MERIDIAN ________________________________ ____________________________ Tammy de Weerd, Mayor Attest, City Clerk BUYER: MERIDIAN DEVELOPMENT CORPORATION ______________________________ By: Real Estate Purchase Agreement Page 7 Meridian City Council Meeting Agenda October 2, 2018 – Page 398 of 580 Development Agreement Page 1 DEVELOPMENT AGREEMENT BY AND BETWEEN THE MERIDIAN DEVELOPMENT CORPORATION AND Novembrewhisky Properties, LLC, an Idaho Limited Liability Company, The Pacific Companies, a _________________________, and _______________________, an Idaho Limited Liability Company October ___, 2018 Old City Hall Re-Development Project Meridian City Council Meeting Agenda October 2, 2018 – Page 399 of 580 Development Agreement Page 2 DEVELOPMENT AGREEMENT THIS DEVELOPMEMNT AGREEMENT (“DA”) is entered into as of the ___ day of _______, 2018, by and between the MERIDIAN DEVELOPMENT CORPORATION, the urban renewal agency for the City for Meridian (“City”), an independent public body, corporate and politic, organized and existing under the urban renewal laws of the State of Idaho (the “Agency”) and Novembrewhisky Properties, LLC, an Idaho Limited Liability Company, The Pacific Companies, a _________________________, and _______________________, an Idaho Limited Liability Company (jointly, severally and collectively referred to as “Participant”). Agency and Participant are collectively referred to as “Parties.” RECITALS WHEREAS, the Meridian Development Corporation (“MDC”), an independent public body, corporate and politic, is an urban renewal agency created by and existing under the authority of and pursuant to the 'Idaho Urban Renewal Law of 1965, being Idaho Code title 50, chapter 20, as amended and supplemented, and the Local Economic Development Act of 1988, being Idaho Code, Title 50, Chapter 29; as amended and supplemented (collectively the "Act"); WHEREAS, the MDC was established by Resolution No. 01-367 of the City Council of the City of Meridian, Idaho (hereinafter the "City Council"), adopted July 24, 2001; WHEREAS, the City Council of the City of Meridian, Idaho (the "City"), on October 8, 2002, after notice duly published, conducted a public hearing on the Meridian Revitalization Plan (the "Plan"); Meridian City Council Meeting Agenda October 2, 2018 – Page 400 of 580 Development Agreement Page 3 WHEREAS, following said public hearing the City adopted its Ordinance No. 02-987 on December 3, 2002, approving the Revitalization Plan and making certain findings; WHEREAS, MDC in cooperation with the City of Meridian issued a request for proposals for the development of the Old Meridian City Hall Property (“City Hall Property”) with proposals being due July 25, 2018; WHEREAS, MDC received two timely and responsive proposals from very qualified groups; WHEREAS, MDC and The City established a review committee comprised of members of the City Council, the MDC Board and members of the public (“Committee”) to review the proposals and make a recommendation to the City Council and MDC Board; WHEREAS, the Committee reviewed the proposals and interviewed the two responding parties and then recommended that the City and MDC pursue a development agreement with the group comprised of Novembrewhisky LLC and the Pacific Companies; WHEREAS, the MDC Board and the City Council met twice in joint session and reviewed the proposals, received the recommendation of the Committee and heard from both groups that submitted proposals; WHEREAS, the MDC Board and the City Council agreed with the recommendation of the Committee and elected to pursue an agreement with Novembrewhisky and The Pacific Companies; WHEREAS, In addition to the City Hall Property, the Participant’s proposal included the property currently owned by Novembrewhisky Properties, LLC located at Meridian City Council Meeting Agenda October 2, 2018 – Page 401 of 580 Development Agreement Page 4 703 N. Main Street and the property located at 713 N. Main Street both of which are subject to a Development Agreement between MDC and Novembrewhisky Properties, LLC. WHEREAS, this Agreement is contingent upon the transfer of the City Hall Property by the City to MDC; NOW, THEREFORE, based upon the mutual consideration, the receipt and sufficiency of which is hereby acknowledged, the Agency and the Participant agree as follows: I. SUBJECT OF AGREEMENT A. Development Agreement The purpose of this DA is to effectuate the Plan and a portion of the Meridian Urban Renewal Project (the “Urban Renewal Project”) by providing for transfer of the City Hall Property to Participant following and contingent upon the transfer of said property from the City to MDC. The above noted recitals are hereby incorporated into this Agreement as if set forth fully herein. The term of this Agreement shall be through December 31, 2020 or until the redevelopment of the Subject Properties are completed, whichever occurs first. This DA may be earlier terminated by the parties as provided herein. Portions of this DA as further described herein pertaining to the obligations of Participant shall survive expiration and termination of this DA. B. The Plan This Agreement is subject to the provisions of the Plan, initially approved by the City Council, pursuant to Ordinance No. 02-987 on December 3, 2002. Meridian City Council Meeting Agenda October 2, 2018 – Page 402 of 580 Development Agreement Page 5 C. The Properties This Agreement applies to the development of the real property located at 703 N. Main St. 713 N. Main Street and 33 E. Idaho Ave., and ____________________________ all of which are located in Meridian, Idaho (“Subject Properties”) and which are more specifically described in Exhibit A attached hereto and incorporated by reference herein. The Subject Properties are located within the Urban Renewal Project Area. The above noted properties may be also be referred to as the “Site.” D. Agency Participation Policy Generally, the Agency has agreed to financially participate with a private developer when such participation, in the Agency’s complete discretion, achieves and conforms with the goals and objectives of the Plan and the law, is not duplicative of other public entity funding, does not replace or substitute for the obligations imposed by other governmental agencies on the Participant, when funding is available and where the applicable project is a priority for the Agency. E. Parties to This Agreement 1. The Agency The Agency is an independent public body, corporate and politic, exercising governmental functions and powers and organized and existing under the Idaho Urban Renewal Law of the State of Idaho, Title 50, Chapter 20, Idaho Code, and the Local Economic Development Act, Title 50, Chapter 29, Idaho Code. The mailing address of the Agency is 104 E. Fairview Ave., #239, Meridian, Idaho 83642. “Agency,” as used in this Agreement, includes the Meridian Development Corporation and any assignee of or successor to its rights, powers, and responsibilities. Meridian City Council Meeting Agenda October 2, 2018 – Page 403 of 580 Development Agreement Page 6 2. The Participant The Participant is comprised of those entities first described above. The principal address to be used for the Participant is ____________________________. Whenever the term “Participant” is used herein, such term shall include any permitted nominee, assignee, purchaser, or successor in interest as herein provided. The Participant represents and warrants that their undertakings pursuant to this Agreement are and will be used for the purpose of the timely development and/or redevelopment of the Site and not for speculation in land holding. The Participant further recognizes that in view of: (1) the importance of the Site to the general health, safety and welfare of the community; (2) the reliance by the Agency on the reputation, past experience with and the business expertise of the Participant and the continuing interest and obligation which the Participant will have in the Site to assure the quality of the use, operation, and maintenance of the development thereof; and (3) the fact that a change in control of the Participant, or any other act or transaction involving or resulting in a significant change in the ownership or a change with respect to the identity of the parties in control of the Participant or the degree thereof, is for practical purposes a transfer or disposition of the Site. The qualification and identity of the Participant are of particular importance to the City and the Agency. It is because of the qualifications and identity of the Participant and the nature of the Participant that the Agency has entered into this Agreement with the Participant. No voluntary or involuntary successor in interest of the Participant shall acquire any rights or powers under this Agreement except as expressly set forth herein. Except as provided below, the Participant shall not assign all or any part of their rights and obligations under this Agreement without the prior written approval of the Agency. For the reasons stated above, the Participant represents and warrants for itself and any of its successor(s) in interest that during the term of this Agreement, except as expressly provided herein, there shall be no change in the Presidents/CEOs/Managers of the Participant (other than such changes occasioned solely by the death or incapacity of an individual) without the prior written approval of the Agency, which approval shall not be unreasonably withheld or delayed. Any upcoming change in a President/CEO/Manager Meridian City Council Meeting Agenda October 2, 2018 – Page 404 of 580 Development Agreement Page 7 of the Participant shall require immediate notification of such change by the Participant and written approval by the Agency, which approval shall not be unreasonably withheld. It shall not be unreasonable for the Agency to withhold or delay its approval when using criteria such as those used by this and other redevelopment agencies in selecting participants for similar developments or because the proposed transferee does not have the current financial strength, experience, or reputation for integrity equal to or better than the Participant as of the date this Agreement has been executed by the Agency. This Agreement may be terminated by the Agency if there is any unpermitted significant change (voluntary or involuntary) in the management or control of the Participant in violation of this Agreement (other than changes occasioned solely by the death or incapacity of an individual) that has not been approved by the Agency previous to that change, if such change occurs prior to the completion of the development of the Site as evidenced by the issuance of a Certificate of Completion therefore. Notwithstanding the foregoing and any other provisions hereof, the Participant reserves the right, at their discretion and without the prior written consent of the Agency, to join and associate with other persons in joint ventures, partnerships, or other entities for the purpose of acquiring and developing the Site, provided that the Participant remains fully responsible to the Agency as provided in this Agreement with respect to the Site. Any significant change during the period of this Agreement in the controlling interest of the Participant or the control by the Participant of the development of the Site and any Reimbursable Public Improvements covered by this Agreement is subject to the approval of the Agency. Provided, however, that the Participant shall be allowed to add to their development team certain consultants and other development professionals. F. Development The Participant shall make reasonable efforts to proceed within the Scope and Schedule of Development as set forth within Exhibit D of this Agreement. The Private Development and any development upon the Site by Participant, their successors, assigns, or purchasers of the Site or any portion of the Site shall comply with all the provisions of the Plan, any City Agreements, any City Conditions of Approval, and all Meridian City Council Meeting Agenda October 2, 2018 – Page 405 of 580 Development Agreement Page 8 applicable regulations, requirements, ordinances and codes of agencies with jurisdiction. G. Transfer of Property Prior to the transfer of the City Hall Property and 713 N. Main Property by MDC to the Participant the following must occur: 1. The City has transferred the City Hall Property to MDC. 2. The Participant has provided documentation in a form acceptable to MDC confirming that the funding for the Project is in approved and in place. 3. The Participant has paid MDC the purchase price of five hundred and sixty five thousand dollars ($565,000.00) as established by the City of Meridian and MDC has paid those funds to the City. 4. Following receipt of the property by the Agency from the City and with thirty (30) days completion of the above conditions, The Agency shall transfer its ownership interest in the City Hall Property and the property located at 713 N. Main Street (specifically described in Exhibit A) to Participant via warranty deed. All closing costs to be paid by Participant. Right of Reversion. The warranty deed transferring any property under this Agreement from Agency to Participant shall contain a right of reversion providing that the property which is the subject of the deed will revert back to Agency if demolition of all the existing structures on the Site is not completed and development of the Site is not commenced by May 30, 2019. H. Reimbursable Improvements The reimbursable Improvements noted in this Agreement will improve and enhance the public amenities and infrastructure within the Agency boundaries and the desired character and appearance of re-development within of the downtown core and Meridian City Council Meeting Agenda October 2, 2018 – Page 406 of 580 Development Agreement Page 9 provide for greater public health, safety and welfare. Because of the development achieves several of the objectives contained within the Plan, the Agency finds that this Agreement is in the best public interest, will improve safety and traffic access, and provide for enhanced development of the Site and economic success of the Plan Area. Generally, the objective of the Agency is to fund those activities which comply with the eligibility criteria set forth in the Idaho Urban Renewal Law, the Idaho Economic Development Act, and the Plan. In consideration of the terms of this Agreement, Agency agrees to reimburse Participant for the reasonable costs of the reimbursable Improvements, up to the amount of six hundred and seventy eight thousand dollars ($678.000.00) as defined herein. The reimbursable Improvements consist of the improvements described in Exhibit C of this Agreement. The reimbursable Improvements defined in Exhibit C are considered all-inclusive and can only be modified by mutual written agreement of the Parties. The Parties agree that all reimbursement payments to be made under this Agreement for the reimbursable Improvements are to be made to Participant. To receive reimbursement, Participant must provide written documentation acceptable to Agency from the City, ACHD and any other applicable government agencies that the reimbursable Improvements have been completed in accordance with the applicable agency’s specifications and requirements and that said agency has accepted or approved said improvements. Said reimbursement amount to be paid to Participant as provided in Exhibit C. I. Re-Development of the Site by Participant The Site currently consists of older outdated building(s) and comprises underdeveloped property. Participant agrees its redevelopment of the Site will be constructed as generally provided in this Agreement and the Exhibits attached hereto and incorporated herein by reference, and in compliance with the information and terms contained in this Agreement, the Plan and any City conditions of approval. Meridian City Council Meeting Agenda October 2, 2018 – Page 407 of 580 Development Agreement Page 10 The Participant shall carry out the redevelopment of the Site in compliance with those plans and designs submitted to the Agency and the City. Prior to commencement of construction, the Participant shall provide the Agency with those drawings, plans, and specifications then required by the City of Meridian Planning and Zoning Department and/or Building Department. The Parties grant to the Agency the authority to reject or require modification to these documents as part of the approval process with the City. The Agency is not required to exercise this authority to review and approve but if it desires to do so it must do so within 30 days of the receipt of the documents from the Participant or they will be deemed acceptable to the Agency. Any subsequent modification of the Agency-approved Basic Concept Drawings, Private Development Plan, City Agreement or City Conditions of Approval shall require the further similar opportunity for review and approval of the Agency. J. Bodily Injury, Property Damage, and Worker’s Compensation Insurance No later than ten (10) business days following the execution of a deed by the Agency transferring property to Participant, the Participant shall furnish or cause to be furnished to the Agency duplicate originals or appropriate certificates of bodily injury and property damage insurance policies in the amount of at least $2,000,000 for any person, $2,000,000 for any occurrence, and $2,000,000 property damage, naming the Agency as an additional insured. The Participant shall maintain workers’ compensation insurance as required by law and also furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that Participant and any contractor with whom they have contracted for the performance of work on the Reimbursable Public Improvements carries workers’ compensation insurance as required by law. Upon request by the Agency, Participant shall furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that any contractor with whom Participant has contracted for the performance of work on the Site outside of the Reimbursable Public Improvements carries workers’ compensation insurance as required by law. Meridian City Council Meeting Agenda October 2, 2018 – Page 408 of 580 Development Agreement Page 11 K. Indemnification Participant shall indemnify, defend and hold Agency and its respective officers, agents, consultants and employees harmless from and against all liabilities, obligations, damages, penalties, claims, costs, fees, charges, and expenses, including reasonable architect and attorney fees (collectively referred to in this Section as “general claim”), which may be imposed upon or incurred by or asserted against Agency or its respective officers, agents, consultants and employees by reason of any of the following: a. Any and all work done in, on, off, or about the Site, including, without limitation, the construction of any and all buildings, facilities and improvements; b. Any use, nonuse, possession, occupation, condition, operation, maintenance, or management of the Site or area, or any part thereof, where the work by Participant is being performed; c. Any negligence on the part of Participant or any of their agents, consultants, contractors, subcontractors, servants, employees, subtenants, operators, licensees, guests or invitees; d. Any accident, injury, or damage to any person or property occurring in, on, about or enroute to or from the Site or area where the work by Participant is being performed or any part thereof, whether during construction or after construction; and/or e. Any failure on the part of Participant to perform or comply with any of the terms, provisions, covenants, and conditions contained in this Agreement to be performed or complied with on its part. Participant shall also indemnify and hold harmless and defend Agency and its officers, agents, consultants and employees from and against any and all claims or causes of action asserted by entities or individuals that are not a party to this Agreement regarding the validity or legality of this Agreement and the reimbursement to Meridian City Council Meeting Agenda October 2, 2018 – Page 409 of 580 Development Agreement Page 12 Participant of the costs of the reimbursable Improvements by Agency (“legality claim”). Upon the final decision of a court of competent jurisdiction that is not appealed or not appealable regarding the legality claim determining that the reimbursement to Participant by Agency of the costs of the reimbursable Improvements is unlawful or invalid, the Agency shall have no further obligation or liability to reimburse or make payments to Participant for the costs associated with the reimbursable Improvements and Participant shall solely bear the responsibility for such costs. Upon the final decision of a court of competent jurisdiction that is not appealed or not appealable regarding the legality claim determining that the reimbursement to Participant by Agency of the costs of the reimbursable Public Improvements is unlawful or invalid, then Participant, in Agency’s sole discretion, may be required to return any funds paid by Agency to Participant for the reimbursable Improvements within ninety (90) days of written request from Agency to Participant. If a legality claim is made, then Agency and Participant shall jointly defend against said claim. Participant has the discretion to hire their own legal counsel with Participant reimbursing the Agency for its reasonable fees and costs, including without limitation, attorney and expert witness fees and costs. If a claim, other than a legality claim, is brought against Agency or its respective officers, agents, consultants and employees by reason of any such claim, Participant, upon written notice from Agency shall, at Participant’s expense, bear the cost and expense of defending Agency against such action or proceedings by counsel selected by Agency. L. Rights of Access During Construction Representatives of the Agency and the City shall have the reasonable right of access to the Site without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in rehabilitating and/or constructing the improvements. Meridian City Council Meeting Agenda October 2, 2018 – Page 410 of 580 Development Agreement Page 13 M. Antidiscrimination During Construction The Participant, for themselves and their successors and assigns, agree that in the rehabilitation and/or construction of improvements on the Site provided for in this Agreement, the Participant will not discriminate against any employee or applicant for employment because of age, race, handicap, color, creed, religion, sex, marital status, ancestry, or national origin unless otherwise permitted by federal or state law. N. Agreement to be Recorded Affecting Real Property Concurrent with this Agreement, the Participant and the Agency have executed an “Agreement to be Recorded Affecting Real Property,” attached hereto as Exhibit E and incorporated herein by reference, which provides for certain covenants and agreements on the part of the Participant consistent with the terms and purposes of this Agreement. The Agency is authorized to record and shall record the Agreement to be Recorded Affecting Real Property after completion of the Participant’s re-development of the applicable property and completion and acceptance by the Agency and other applicable agencies of the reimbursable Improvements covered under this Agreement pertaining to the applicable portions of the Site. The Parties shall also prepare and approve a Memorandum of Agreement as described in Section IV C of this Agreement. The Memorandum of Agreement shall be recorded within ten (10) days of the effective date of this Agreement. O. City, ACHD, ITD and Other Approvals Participant shall keep Agency advised of the approval process of City, ACHD and any other applicable agencies and advise the Agency immediately, if any action of the aforementioned agencies shall affect the scope, schedule and/or purpose of the Agreement. Meridian City Council Meeting Agenda October 2, 2018 – Page 411 of 580 Development Agreement Page 14 II. USE AND MAINTENANCE OF THE SITE AND ADJACENT AREA A. Use of the Site The Participant agrees and covenants to devote the Site to the uses specified in this DA and the Plan and to comply with all other provisions and conditions of the Plan for the period of time the Plan is in force and effect and comply with the on-going obligations described herein. This provision shall be included within the Agreement to be Recorded Against Real Property. B. Obligation to Refrain from Discrimination The Participant covenants and agrees for themselves, their successors, their assigns, and every successor in interest to the Site or any part thereof that, unless otherwise permitted by federal fair housing laws, there shall be no discrimination against or segregation of any person or group of persons on account of race, age, color, creed, religion, sex, marital status, handicap, ancestry, or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Site, nor shall the Participant themselves or any person claiming under or through them establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Site unless otherwise permitted by applicable federal fair housing laws. The foregoing covenants shall run with the land and shall remain in effect in perpetuity. C. Form of Nondiscrimination and Nonsegregation Clause The Participant shall refrain from restricting the rental, sale, or lease of the Site on the basis of race, age, color, creed, religion, sex, handicap, marital status, ancestry, or national origin of any person unless otherwise permitted by applicable federal fair housing laws. All such deeds, leases, or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: Meridian City Council Meeting Agenda October 2, 2018 – Page 412 of 580 Development Agreement Page 15 1. In deeds: “The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that, unless otherwise permitted by federal fair housing laws, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, age, handicap, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed unless otherwise permitted by federal fair housing laws. The foregoing covenants shall run with the land.” 2. In leases: “The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through, him, that this lease is made and accepted upon and subject to the following conditions: “That, unless otherwise permitted by federal fair housing laws, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, age, religion, handicap, sex, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased unless otherwise permitted by federal fair housing laws.” 3. In contracts: “Unless otherwise permitted by federal fair housing laws, there shall be no discrimination against or segregation of any person or group of persons on account of race, age, color, creed, handicap, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land unless otherwise permitted by federal fair housing laws.” Meridian City Council Meeting Agenda October 2, 2018 – Page 413 of 580 Development Agreement Page 16 D. Effect and Duration of Covenants The covenants contained in this Section II of this DA shall remain in effect until December 31, 2026 (the termination date of the Plan). The covenants against discrimination contained in Sections II of this Agreement shall remain in effect in perpetuity. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding on the part of the Participant and any successors and assigns to the Site or any part thereof, and the tenants, lessees, sublessees, and occupants of the Site, for the benefit of and in favor of the Agency, its successors and assigns, the City, and any successor in interest thereto. E. Taxes The Participant and/or owner(s) of the Site or any portions thereof shall pay when due all applicable real estate and personal property taxes and assessments assessed and levied on the Site or their respective portions thereof. This provision or covenant shall run with the land and be binding upon Participant’ successors and the successors of the owner(s) of the Site or portions thereof. Except as set forth below, nothing herein contained shall be deemed to prohibit the Participant from contesting the validity or amount of any tax, assessment, encumbrance, or lien or to limit the remedies available to the Participant with respect thereto; provided, such contest does not subject the Site or any portion thereof to forfeiture or sale. Participant and Agency agree to cooperate in the submittal of information to the Ada County Assessor to aid in the assessment process of the Site. Participant recognizes the Agency has little or no authority or involvement in the assessment, tax, or collection process for ad valorem taxes, including real property and personal property taxes. Participant also recognizes the ability of the Agency to fully satisfy its obligations to the Participant under this Agreement is dependent on the ad valorem assessment and collection process. Therefore, in the event insufficient annual net tax increment revenues generated by the Site are received by the Agency because of reductions of the tax levy rates or assessed values being less than assumed by Agency and Participant or in the event of any tax delinquency by any owner of parcels within the Site or by any tenant related to personal Meridian City Council Meeting Agenda October 2, 2018 – Page 414 of 580 Development Agreement Page 17 property, Participant must elect to either pay the delinquent taxes or receive less reimbursement from the Agency. III. DEFAULTS, REMEDIES, AND TERMINATION A. Defaults in General Subject to any approved extensions of time as set forth in this Agreement, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The Party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay and shall complete such cure, correction, or remedy with reasonable diligence and during any period of curing shall not be in default. The Party claiming default shall give written notice of default to the party in default specifying the default complained of, and the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice; said thirty (30) days constitutes the period to cure any default. Except as otherwise expressly provided in this Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any action or proceeding which it may deem necessary to protect, assert, or enforce any such rights or remedies. The time to cure a default shall not commence until notice is provided. It is expressly understood and agreed that each of the covenants, promises, stipulations and agreements of the Parties hereto and under the provisions of this DA, the Plan and City Conditions of Approval are made to the other and that each covenant, promise, stipulation, and agreement of the Parties shall be deemed and construed as material. It is further understood and agreed that the failure, refusal, or neglect for any reason whatsoever of either party to perform any of the covenants, promises, stipulations, or agreements to be performed by that Party pursuant to the terms and provisions of this Agreement, the Plan or the City Conditions of Approval shall constitute a material default on the part of that Party giving to the other party the right to exercise Meridian City Council Meeting Agenda October 2, 2018 – Page 415 of 580 Development Agreement Page 18 each and every of its remedies reserved in or under or otherwise the right to enforce this Agreement, the Plan and the City Conditions of Approval in accordance with the provisions of this article and other provisions relating to default in either this Agreement, the Plan or the City Conditions of Approval. Any reference to default or act of default under the provisions of the Plan or City Conditions of Approval shall be deemed to be a corresponding and simultaneous default under this Agreement. The City conditions of approval may take the form of a formal approval letter, agreement or decision with several conditions of approval and references to established City standards. B. Legal Actions In addition to any other rights or remedies, any party may institute legal action to cure, correct, or remedy any default; to recover damages for any default; or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the District Court of the County of Ada, State of Idaho, in any other appropriate court in that county, or in the United States District Court for the District of Idaho. The nondefaulting party may also, at their option, cure the default and collect the attorney fees and costs incurred by virtue of curing or correcting the party’s breach. Further, the nondefaulting party may pursue an action to require the defaulting party to specifically perform the terms and conditions of this Agreement. The laws of the State of Idaho shall govern the interpretation and enforcement of this Agreement. C. Rights and Remedies Are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by the other party. The Agency rights and remedies retained by the Agency shall include without limitation: an action for specific performance, damages or other equitable remedy and withholding payment of its funds then due under this Agreement. Meridian City Council Meeting Agenda October 2, 2018 – Page 416 of 580 Development Agreement Page 19 D. Damages If the Agency or the Participant defaults with regard to any of the provisions of this Agreement, the nondefaulting party shall provide written notice of such default to the defaulting party. If the default is not cured within thirty (30) days after providing notice of default, the defaulting party shall be liable to the other party for any damages caused by such default. It is understood and agreed by the Parties that since some real property has been transferred to Participant without a right of reversion and other real property is to be conveyed to Participant under this DA with a limited right of reversion, damages for Participant’s failure to comply with the terms of this DA will be very difficult to determine. Therefore, should Participant fail to comply with the terms and conditions of this DA, Participant shall pay the Agency the sum of one thousand dollars ($1000.00) for each day of delay beyond the timelines contained herein as liquidated damages. Should the Participant fail to complete the development of the Site as described in accordance with this Agreement then Participant shall pay the sum of one million dollars ($1,000,000.00) to Agency as liquidated damages. This amount is not intended by the Parties to be a penalty but is an effort to cover some of the damages that will be suffered by Agency. The amounts of liquidated damages described above will be paid by Participant to Agency within thirty (30) days of the date of the Agency’s written demand for same. E. Specific Performance If the Agency or the Participant defaults under any of the provisions of this Agreement, the nondefaulting party shall provide written notice of such default to the defaulting party. If the default is not commenced to be cured by the defaulting party within thirty (30) days of providing the notice of default, the nondefaulting party, at the nondefaulting party’s option, may institute an action for specific performance of the terms of this Agreement or for other equitable relief. In addition, if, in the reasonable judgment of the Agency based upon the Agency’s review of the construction plans and drawings submitted to it by the Participant and upon the Agency’s physical inspection of the Site and any reimbursable Improvements, the Agency determines at any time, that Meridian City Council Meeting Agenda October 2, 2018 – Page 417 of 580 Development Agreement Page 20 the construction work deviates materially from the specifications set forth in such plans and drawings (other than such deviations as shall have been previously approved by the Agency), the Agency shall provide written notice of such deviation to the Participant. If the Participant does not cure such deviation within thirty (30) days of providing such notice, the Agency, at the Agency’s option, may institute an action for specific performance compelling the Participant to correct such deviation or for other equitable relief. Agency is not obligated to review and point out any such deviations. F. Termination If either party is in breach or default of the terms of this DA, then upon proper notice and opportunity to cure as provided herein, the non-defaulting party may terminate this DA. Upon such termination, non-defaulting party shall have no further liability to the other under this Agreement. IV. GENERAL PROVISIONS A. Notices, Demands, and Communications Between the Parties Formal notices, demands, and communications between the Agency and Participant shall be sufficiently given if dispatched by regular mail or registered or certified mail, postage prepaid, return receipt requested, to the last known address of Agency and Participant as set forth in this Agreement. Such written notices, demands, and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail. B. Nonliability of Agency Officials and Employees No member, official, consultant or employee of the Agency shall be personally liable to the Participant in the event of any default or breach by the Agency or for any amount which may become due to the Participant or for any obligations under the terms of this Agreement. Meridian City Council Meeting Agenda October 2, 2018 – Page 418 of 580 Development Agreement Page 21 C. Memorandum of Agreement and Recording It is agreed by both the Agency and the Participant that, in lieu of the entire Agreement, a memorandum or short form of this Agreement shall be prepared and be recorded in the records of Ada County, Idaho in the form attached hereto as Attachment 6. All covenants and conditions set forth herein shall be appurtenant and shall run with the land and shall be binding upon Participant’ heirs, successors, and assigns. Upon the completion of the re-development on the Site and applicable acceptance thereof by the appropriate agency, then any and all duties, obligations, or undertakings of the Participant would pass to and be assumed by any successor in interest to the Participant to the extent any successor receives, takes or assumes Participant’s ownership and/or interest in all or any portion of the Site. D. Attorney Fees and Costs In the event that either party to this Agreement shall initiate an action to enforce any of the provisions hereof in any action at law or in equity, the non-prevailing party to such action agrees to pay to the prevailing party all costs and expenses, including reasonable attorney fees incurred therein by the prevailing party, and such may be included in the judgment entered in such action. E. Severability The provisions in this Agreement are severable. Should any one or more of the provisions of this Agreement for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Agreement, but this Agreement shall be construed and enforced as if such illegal or invalid provisions had not been contained herein. F. Headings The section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this Agreement. Meridian City Council Meeting Agenda October 2, 2018 – Page 419 of 580 Development Agreement Page 22 G. Counterparts This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. H. Dispute Resolution In the event that a dispute arises between Agency and Participant regarding the application or interpretation of any provision of this Agreement, the aggrieved party shall promptly notify the other party to this Agreement of the dispute within thirty (30) days after such dispute arises. If the Parties fail to resolve the dispute informally within thirty (30) days after delivery of such notice, the Parties agree to first endeavor to settle the dispute in an amicable manner by mediation or other process of structured negotiation under the auspices of a nationally or regionally recognized organization providing such services in the Northwestern States or otherwise, as the Parties may mutually agree before resorting to litigation. Should the Parties be unable to resolve the dispute to their mutual satisfaction within thirty (30) days or other mutually agreeable timeframe after such commencement of mediation or other process of structured negotiation, each party shall have the right to pursue any rights or remedies it may have at law or in equity. I. Forced Delay; Extension of Times of Performance In addition to the specific provisions of this Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or priority; litigation; unusually severe weather; acts of another party; environmental analysis or removal of hazardous or toxic substances; acts or the failure to act of any public or governmental agency or entity; or any other causes beyond the control or without the fault of the party claiming an extension of time to Meridian City Council Meeting Agenda October 2, 2018 – Page 420 of 580 Development Agreement Page 23 perform. An extension of time for any such cause shall only be for the period of the forced delay, which period shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the Agency and Participant. J. Inspection of Books and Records The parties shall have the right, upon not less than seventy-two (72) hour notice, at all reasonable times, to inspect the related books and records of the other party. K. Attachments and Exhibits Made a Part All attachments and exhibits which are attached to this Development Agreement are made a part hereof by this reference. L. Computation of Time In computing any period of time prescribed or allowed under this Agreement, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last calendar day of the period so computed shall be included unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. As used herein, “legal holiday” means a legal holiday recognized by the City on which the offices of the City are closed for City business. M. No Third-Party Beneficiary or Joint Venture The provisions of this Agreement are for the exclusive benefit of Agency and Participant and their authorized successors and assigns, and not for the benefit of any third person; nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person except for provisions expressly for the benefit of a mortgagee of Participant or its successors and assigns. The parties hereto are no partners nor are they to be considered to be engaged in any joint venture. Meridian City Council Meeting Agenda October 2, 2018 – Page 421 of 580 Development Agreement Page 24 N. Good Faith and Cooperation It is agreed by Agency and Participant that it is in their mutual best interests and in the best interests of the public that the re-development of the Site proceed and be completed as herein agreed, and, to that end, the Parties shall in all instances cooperate and act in good faith in compliance with all of the terms, covenants, and conditions of this DA and shall deal fairly with each other. V. AMENDMENTS TO THIS AGREEMENT This Agreement may only be amended by mutual written agreement of the Parties hereto. VI. ENITRE AGREEMENT, WAIVERS, AND AMENDMENTS This Agreement comprises the entire understanding and agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter thereof. All waivers of the provision of this Agreement must be in writing and signed by the appropriate authorities of the Agency and Participant. This Agreement supersedes and replaces the development agreement between MDC and Novembrewhisky and any amendments thereto (See Development Agreement dated Mach 8, 2017, Amendment One dated August 9, 2017 and Amendment Two dated February 14, 2018). By executing this Agreement the Parties acknowledge and agree that the above noted development agreement and subsequent amendments are terminated because the development of the subject properties in those documents are now being developed pursuant to this Agreement. Meridian City Council Meeting Agenda October 2, 2018 – Page 422 of 580 Development Agreement Page 25 VII. TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY The effective date of this Agreement shall be the date when this Agreement has been signed by the Agency. AGENCY Date: _________________ MERIDIAN DEVELOPMENT CORPORATION By , Chairman Attest MDC Secretary PARTICIPANT Date: _____________ ________________________________ By ___________________, President/Manager Meridian City Council Meeting Agenda October 2, 2018 – Page 423 of 580 Development Agreement Page 26 STATE OF IDAHO ) ) ss. County of Ada ) On this ____ day of _______________, 2018, before me, the undersigned notary public in and for said county and state, personally appeared ____________ known or identified to me to be the Chairman of the Meridian Development Corporation, a public body corporate and politic, that executed the within instrument, and known to me to be the person that executed the within instrument on behalf of the said Agency and acknowledged to me that such Agency executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Commission Expires STATE OF IDAHO ) ) ss. County of Ada ) On this ____ day of ___________, 2018, before me, the undersigned notary public in and for said county and state, personally appeared ________________, known or identified to me to be the Secretary of the Meridian development Corporation, the public body corporate and politic, that executed the within instrument, and known to me to be the person that executed the within instrument on behalf of the said Agency and acknowledged to me that such Agency executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Commission Expires Meridian City Council Meeting Agenda October 2, 2018 – Page 424 of 580 Development Agreement Page 27 STATE OF IDAHO ) ) ss. County of Ada ) On this ______ day of _______________, 2018, before me, a Notary Public in and for the State of Idaho, personally appeared ______________ known or identified to me to be the authorized president/manager of ______________________ the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company 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 at: My commission expires: Meridian City Council Meeting Agenda October 2, 2018 – Page 425 of 580 Development Agreement Page 28 Exhibit A – Legal Description the Site Meridian City Council Meeting Agenda October 2, 2018 – Page 426 of 580 Development Agreement Page 29 Old City Hall Property Meridian City Council Meeting Agenda October 2, 2018 – Page 427 of 580 Development Agreement Page 30 703 N. Main Street Meridian City Council Meeting Agenda October 2, 2018 – Page 428 of 580 Development Agreement Page 31 713 N. Main Street Meridian City Council Meeting Agenda October 2, 2018 – Page 429 of 580 Development Agreement Page 32 Legal Descriptions for other Properties which are part of the project Meridian City Council Meeting Agenda October 2, 2018 – Page 430 of 580 Development Agreement Page 33 Exhibit B – Proposal and General Development Conditions **Insert Proposal** Meridian City Council Meeting Agenda October 2, 2018 – Page 431 of 580 Development Agreement Page 34 General Development The development of the re-development upon the Site shall be in acceptable conformity with the Agency’s Plan, all applicable City building, zoning, design review approval and subdivision ordinances and the City Conditions of Approval. The Agency and the Participant will cooperate and direct their consultants to cooperate so as to ensure the continuity and coordination vitally necessary for the proper and timely completion of the re-development to be constructed on the Site. All improvements constructed by the Participant shall be constructed substantially in accordance with this Scope and Schedule of Development, Plan, City Agreements, City conditions of approval, with plans and drawings which have been submitted to the City and other applicable agencies and the Agency. Plans and drawings are to be submitted to the Agency for review and approval concurrent with submission to the City and other applicable agency as they are to be reviewed and approved by the Agency in accordance with this Agreement. The Participant shall also provide the Agency with the plans and the specifications of the reimbursable Improvements for review and approval at the same time they are submitted to the applicable agency. Agency may defer to and concur with the City approval process and the results thereof. Any development or construction not in substantial accordance with this Scope and Schedule of Development shall require the approval of the Agency. Generally, the Private Development consists of a mix of commercial, retail, office and residential uses. Once construction has commenced, the Participant shall proceed diligently and continuously, subject to all of the terms and conditions of this Agreement. Construction shall be continued diligently until completed on or before the times set forth herein. Meridian City Council Meeting Agenda October 2, 2018 – Page 432 of 580 Development Agreement Page 35 Exhibit C – Reimbursable Improvements Generally, the objective of the funding of the reimbursable Improvements is to fund those activities, which comply with the eligibility criteria set forth in the Idaho Urban Renewal Law, the Idaho Economic Development Act and the Plan. In consideration of Participant being required to comply with the foregoing as well as the other terms and conditions of this Agreement, MDC agrees to reimburse Participant for certain improvements and costs as described in this Exhibit. Improvements that are eligible for reimbursement include the following: demolition and site preparation work (MDC may choose to perform that work prior to transfer of the property and deduct it from the amount to be reimbursed or allow Participant to perform the work and seek reimbursement); construction, replacement, repair or upgrading of any public improvements/infrastructure and any connections thereto as well as any associated fees; costs associated with the exterior façade of the building abutting Broadway, Main Street,. Idaho Avenue or Meridian Road as the exterior is designed and approved by MDC to provide a style and look that is consistent with the historic character of the downtown area and a connection to the existing historic structures. Participant shall be reimbursed by the Agency for the reimbursable improvements from ninety percent (90%) of the annual net tax increment revenues generated after January 1, 2019 from the development of the Site and received by the Agency as defined herein. Agency shall reimburse Participant for up to the full amount of the allowable and approved reimbursable improvements, subject to the maximum amount cap of $$678,000.00, prior to the expiration of the Urban Renewal District in _______________. Meridian City Council Meeting Agenda October 2, 2018 – Page 433 of 580 Development Agreement Page 36 Exhibit D Schedule of Development Can pull the schedule from the Proposal or does Pacific Companies have something more specific? Meridian City Council Meeting Agenda October 2, 2018 – Page 434 of 580 Development Agreement Page 37 Exhibit E Agreement to Be Recorded Affecting Real Property RECORDED AT THE REQUEST OF: The Urban Renewal Agency of the City of Meridian, also known as the Meridian Development Corporation, and _______________________, LLC WHEN RECORDED, RETURN TO: The Meridian Development Corporation, and ___________________, LLC . MERIDIAN URBAN RENEWAL PLAN MERIDIAN, IDAHO AGREEMENT TO BE RECORDED AFFECTING REAL PROPERTY THIS AGREEMENT is entered into this _____ day of ____________________, 2018, by and between the MERIDIAN DEVELOPMENT CORPORATION, the Urban Renewal Agency for the City of Meridian, a public body, corporate and politic (hereinafter referred to as the “Agency”), and ___________________________, LLC (hereinafter referred to as the “Participant”), with reference to the following: A. The Participant is the present owner of certain real property (the “Site”) located in the City of Meridian, County of Ada, State of Idaho, legally described in the attached Exhibit A. B. The Site is within the Meridian Urban Renewal Plan Project Area (the “Project”) in the City of Meridian and is subject to the provisions of the Meridian Urban Renewal Plan (the “Plan”), adopted by the City Council of the City of Meridian. The Plan, as it now exists and as it may be subsequently amended, is incorporated herein by reference and made a part hereof as though fully set forth herein. C. Recordation of this Agreement at the Agency’s request is conclusive evidence that the Participant has rehabilitated and/or constructed the reimbursable Improvements on the Site and have otherwise developed the Site in accordance with the Plan and pursuant to the terms and provisions of a certain “Development Agreement” entered into between the Agency and the Participant on _______________, 2018 (hereinafter “Development Agreement”). NOW, THEREFORE, THE AGENCY AND THE PARTICIPANT HEREBY AGREE AS FOLLOWS: Meridian City Council Meeting Agenda October 2, 2018 – Page 435 of 580 Development Agreement Page 38 1. The Agency hereby acknowledges that the Participant, upon execution of this Agreement, intends to rehabilitate and prior to recording of this Agreement has rehabilitated and/or constructed certain improvements on the Site as noted in and pursuant to the Development Agreement and in accordance with the Plan. 2. The Participant, on behalf of themselves and their successors, assigns, and each successor in interest to the Site or any part thereof, hereby covenants and agrees as follows: a. The Participant agrees to use, devote, and maintain the Site and each part thereof for the purposes and uses specified in the Plan. b. The Participant or the City, ACHD or other responsible agency, as applicable and as may be agreed upon, will maintain any public improvements and landscaping on the Site in a clean and orderly condition and in good condition and repair and to keep the Site free from any accumulation of debris and waste materials. c. The Participant agrees that Section II of the Development Agreement; Section III __. of the Development Agreement; and Attachment 3, Scope and Schedule of Development, relating to the reimbursement and payment by the Agency, and maintenance of the reimbursable Improvements of the Development Agreement shall remain valid and effective following expiration of the Development Agreement; d. Unless otherwise permitted by federal fair housing laws, the Participant agrees not to discriminate upon the basis of age, race, color, creed, religion, sex, disability, marital status, ancestry or national origin in the sale, lease, sublease, transfer, or rental or in the use, occupancy, tenure, or enjoyment of the Site or any improvements thereon. Each and every deed, lease, and contract entered into with respect to the Site shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (1) In deeds: “The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that, unless otherwise permitted by federal fair housing laws, there shall be no discrimination against or segregation of any person or group of persons on account of age, race, color, creed, religion, sex, disability, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. Meridian City Council Meeting Agenda October 2, 2018 – Page 436 of 580 Development Agreement Page 39 The foregoing covenants shall run with the land unless otherwise permitted by federal fair housing laws.” (2) In leases: “The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, that this lease is made and accepted upon and subject to the following conditions: “That, unless otherwise permitted by federal fair housing laws, there shall be no discrimination against or segregation of any person or group of persons on account of age, race, color, creed, religion, disability, sex, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased unless otherwise permitted by federal fair housing laws.” (3) In contracts: “Unless otherwise permitted by federal fair housing laws, there shall be no discrimination against or segregation of any person or group of persons on account of age, race, color, creed, religion, disability, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land unless otherwise permitted by federal fair housing laws.” 3. Unless otherwise permitted by federal fair housing laws, there shall be no discrimination against or segregation of any person or group of persons on account of age, race, color, creed, religion, disability, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, or any part thereof, nor shall the Agency or Participant or any person claiming under or through them establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Site or any part thereof unless otherwise permitted by federal fair housing laws. 4. The covenants and agreements established in this Agreement shall, without regard to technical classification and designation, be binding on the Participant and any successor in interest to the Site, or any part thereof, for the benefit of and in favor of the Agency, its successors and assigns. The covenants contained in Sections 2a and 2c of this Agreement shall Meridian City Council Meeting Agenda October 2, 2018 – Page 437 of 580 Development Agreement Page 40 remain in effect until December 31, 2026 (the termination date of the Plan). The covenants against discrimination (contained in Sections 2d and 3) shall remain in effect in perpetuity as of the date first above written. MERIDIAN DEVELOPMENT CORPORATION, URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN “AGENCY” By _________________________________ Chairman By _________________________________ Secretary ___________________ LLC “PARTICIPANT” By _________________________________ Its _______________________________ Meridian City Council Meeting Agenda October 2, 2018 – Page 438 of 580 Development Agreement Page 41 STATE OF IDAHO ) ) ss. County of Ada ) On this _____ day of ____________, 201__, before me, _________________________, the undersigned notary public in and for said state, personally appeared ____________________, known or identified to me to be the _______________________ of ____________________________, LLC, the ___________________________ that executed the within instrument, and acknowledged to me that he/she executed the same on behalf of ________________________, LLC for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ____________________________________ Notary Public for Idaho Residing at _________________________ Commission Expires _________________ STATE OF IDAHO ) ) ss. County of Ada ) On this _____ day of ____________, 20__, before me, ________________________, the undersigned notary public in and for said state, personally appeared ______________________, known or identified to me to be the ___________________________ of the MERIDIAN DEVELOPMENT CORPORATION the public body, corporate and politic, that executed the within instrument, and acknowledged to me that he/she executed the same on behalf of MERIDIAN DEVELOPMENT CORPORATION for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ____________________________________ Notary Public for Idaho Residing at __________________________ Commission Expires __________________ Meridian City Council Meeting Agenda October 2, 2018 – Page 439 of 580 Exhibit A Legal Description of the Site [Exhibit A to Agreement to be inserted.] Meridian City Council Meeting Agenda October 2, 2018 – Page 440 of 580 Exhibit F Memorandum of Agreement RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Borton-Lakey Law Attn: Todd M. Lakey 141 E. Carlton Ave. Meridian, Idaho 83642 (Space Above for Recorder’s Use) ____________________________ MEMORANDUM OF DEVELOPMENT AGREEMENT ____________________________ This MEMORANDUM OF DEVELOPMENT AGREEMENT (this “ Memorandum ”) is made and entered into as of the ___ day of ___________, 2018 (the “ Effective Date ”), by and between the MERIDIAN DEVELOPMENT CORPORATION, a public body corporate and politic, formed under the urban renewal laws of the state of Idaho (“Agency”) and ______________________, LLC (“Participant”). Agency and Participant may be referred to herein individually as a “ Party ,” and collectively as the “ Parties .” RECITALS A. WHEREAS, Agency and Participant entered into that certain Development Agreement, of even date herewith (the “ Agreement ”), relating to the development of certain properties owned or controlled by Participant located in the City of Meridian, Ada County and more particularly described in Exhibit A attached hereto and incorporated by reference herein (“Site”). The Parties agreed that Participant would construct certain improvements on the Site in accordance with the Agreement and that the construction of the improvements and the development and future use of the Site would be in accordance with the Agreement and the Agency’s Plan. The Agreement is expressly incorporated herein by reference and made a part hereof as though fully set forth herein. B. WHEREAS, by this Memorandum, the Parties desire to provide public notice of the Agreement. AGREEMENT Meridian City Council Meeting Agenda October 2, 2018 – Page 441 of 580 NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: 1. Public Notice. All members of the general public are hereby placed on notice of inquiry as to the specific provisions of the Agreement, all of which are incorporated herein by reference with the same force and effect as if herein set forth in full. This Memorandum shall be recorded in the real estate records of Ada County, State of Idaho, in lieu of recording the entire Agreement. 2. Term. The term of the Agreement shall commence on the effective date of the Agreement and shall continue until December 31, 2026, as set forth more fully in the Agreement. A copy of the Agreement may be obtained from the Meridian Development Corporation. 3. Conflicts. In the event of any conflict between the terms of this Memorandum and the terms of the Agreement, the terms of the Agreement shall control. 4. Captions and Capitalized Terms. Caption headings are inserted herein only as a matter of convenience of reference, and in no way serve to define, limit or describe the scope of intent of, or in any way affect this Memorandum. Capitalized terms not defined in this Memorandum shall have the meanings ascribed to them in the Agreement. [Signatures on Following Page ] Meridian City Council Meeting Agenda October 2, 2018 – Page 442 of 580 IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Development Agreement as of the date set forth above. AGENCY: Meridian Development Corporation Name: Chairman Attest: ____________________________ Secretary PARTICIPANT _____________________, LLC. __________________________ __________________________ Meridian City Council Meeting Agenda October 2, 2018 – Page 443 of 580 STATE OF IDAHO ) ) ss. County of Ada ) On this ______ day of _______________, 2018, before me, a Notary Public in and for the State of Idaho, personally appeared _____________ known or identified to me to be the authorized ________________ of _______________________________, LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company 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 at: My commission expires: STATE OF IDAHO ) ) ss. County of Ada ) On this _____ day of ____________, 2018, before me, ____________________, the undersigned notary public in and for said state, personally appeared _________________, known or identified to me to be the Chairman of the Meridian Development Corporation the public body, corporate and politic, that executed the within instrument, and acknowledged to me that he executed the same on behalf of the Meridian development Corporation for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ________________________________ Notary Public for Idaho Residing at ______________________ Commission Expires _______________ Meridian City Council Meeting Agenda October 2, 2018 – Page 444 of 580 STATE OF IDAHO ) ) ss. County of Ada ) On this _____ day of ____________, 2018, before me, ____________________, the undersigned notary public in and for said state, personally appeared ____________, known or identified to me to be the Secretary of the Meridian Development Corporation the public body, corporate and politic, that executed the within instrument, and acknowledged to me that he executed the same on behalf of the Meridian Development Corporation for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ________________________________ Notary Public for Idaho Residing at ______________________ Commission Expires _______________ Meridian City Council Meeting Agenda October 2, 2018 – Page 445 of 580 EXHIBIT A Legal Description of the Site Meridian City Council Meeting Agenda October 2, 2018 – Page 446 of 580 2004-2018 LANGSTON & ASSOCIATES, INC. SUMMARY APPRAISAL REPORT ON THE OLD MERIDIAN CITY HALL LAND (1.07±ACRES) LOCATED AT 33 E. Idaho Avenue IN MERIDIAN, ADA COUNTY, IDAHO FOR THE CITY OF MERIDIAN MR. BILL NARY, CITY ATTORNEY 33 E. BROADWAY AVENUE MERIDIAN, IDAHO 83642 EFFECTIVE DATE OF REPORT: SEPTEMBER 23, 2018 LA File No. 18.1250o PREPARED BY SAM LANGSTON, MAI IDAHO CGA# 195 & BARRY WASHBURN RT# 4665 Meridian City Council Meeting Agenda October 2, 2018 – Page 447 of 580 October 1, 2018 Mr. Bill Nary City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Re: Summary Appraisal Report on the 1.07±acre (46,609±sf) commercial lot, location of the City of Meridian’s Old City Hall, located at 33 E. Idaho Avenue, in Meridian, Idaho. Dear Mr. Nary: In accordance with your request for an appraisal on the above captioned property, we have conducted market investigations, gathered pertinent data, and performed the analysis necessary for the appraisal process. From such, we have formed an opinion regarding the market value, as defined in the report, for the Fee Simple Estate, land only, “As though Vacant” of the subject property. The information herein is presented with the understanding that appraisals and reporting formats vary greatly depending upon the client’s individual needs, the size and complexity of the property, and the intended use of this report. Based upon the intended use and intended user of the report, as well as, as the complexity of the assignment this appraisal has been prepared in a summary format. This appraisal report is intended to comply with the reporting requirements set forth under Standards Rule 2-2(A) of the Uniform Standards of Professional Appraisal Practice 2018/2019 Edition for an appraisal report. As such, it presents summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraisers’ opinion of value. Additional supporting documentation concerning the data, reasoning, and analyses is retained in the appraisers’ file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated within the report. The appraiser is not responsible for unauthorized use of this report. This report is intended to comply with the USPAP 2018/2019 Edition Scope of Work Rule and has been prepared in accordance with the Appraisal Standard Board’s Advisory Opinions 28 and 29. Meridian City Council Meeting Agenda October 2, 2018 – Page 448 of 580 LETTER OF TRANSMITTAL MR. BILL NARY CITY OF MERIDIAN PAGE 1 All statements of fact used in the report serving as the basis of the appraiser’s analyses, opinions, and conclusions, are considered to be true and correct to the best of the appraiser’s knowledge and belief. We shall have no responsibility for legal matters; questions of survey; legal description; opinion of title; soil or subsoil conditions; engineering; technical matters, etc. The aforementioned and other relevant issues will be developed fully in the body of the report to follow. The subject of this appraisal includes a 1.07±acre (46,609±sf) commercial lot located in Downtown Meridian at the corner of North Meridian Road and West Idaho Street. The subject site is currently improved with an aged office building that is approximately 8,000 sf in size, with an additional 2,000 sf of basement space in use as storage. The structure was originally built in 1975 and was the former location of Meridian City Hall. For the purposes of this report and at the request of the client, we will be valuing the land only, “As though Vacant” and ready for redevelopment. Site improvements for the subject include open, paved parking areas, concrete curb, gutter and walks, lighting, signage, exterior sprinkler systems and moderate landscaped areas. The primary value being sought by the client is the Market Value of the Fee Simple Estate, land only, “As though Vacant”. Furthermore, this appraisal is the result of an appraisal process where all applicable approaches to value have been employed. The Sales Comparison or Market Data Approach is considered most applicable method in the valuation of the subject site. Comparable land sales deemed substitutable alternatives were available providing an indication of the subject’s potential land value. Given the subject is being valued as vacant land; the Cost and Income Approaches are not applicable in this instance and have been excluded from this valuation analysis. This appraisal report has been prepared in conformance with the requirements of the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA); the Interagency Appraisal and Evaluation Guidelines and the Uniform Standards of Professional Practices (USPAP). This appraisal includes an estimate of exposure time as required in Statement 6 (USPAP) and clearly states the Scope of Work and reporting options used under Standard 2-2(USPAP). Market value is defined by the Federal Deposit Insurance Corporation (FDIC) and is in compliance with FIRREA. The report clearly and accurately discloses all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. We have employed extraordinary assumptions for the purpose of this report and their use may have affected the assignment results. The extraordinary assumptions will be addressed in the Overview of Assumptions and Limiting Conditions section of this report. Meridian City Council Meeting Agenda October 2, 2018 – Page 449 of 580 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 4 5 0 o f 5 8 0 TABLE OF CONTENTS This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 1 T ABLE OF C ONTENTS COVER PAGE LETTER OF TRANSMITTAL OVERVIEW OF ASSUMPTIONS AND LIMITING CONDITIONS .......................................................2 SUMMARY OF IMPORTANT FACTS & CONCLUSIONS ..................................................................4 PART I – DEFINITION OF THE APPRAISAL PROBLEM .............................................................11 DEFINITIONS & BACKGROUND INFORMATION ........................................................................12 BOISE MSA AREA MARKET DATA ...........................................................................................17 ADA COUNTY WORKFORCE TRENDS .......................................................................................23 NEIGHBORHOOD DATA ............................................................................................................28 REAL ESTATE TAXES .................................................................................................................35 SITE DESCRIPTION .....................................................................................................................37 PART II - PROPERTY VALUATION ...........................................................................................41 HIGHEST AND BEST USE ...........................................................................................................42 EXPOSURE AND MARKETABILITY SUMMARY ............................................................................46 SALES COMPARISON APPROACH ..............................................................................................47 CERTIFICATE OF APPRAISAL .....................................................................................................64 ENGAGEMENT LETTER QUALIFICATIONS OF THE APPRAISER Meridian City Council Meeting Agenda October 2, 2018 – Page 451 of 580 UNDERLYING ASSUMPTIONS & LIMITING CONDITIONS This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 2 O VERVIEW OF A SSUMPTIONS AND L IMITING C ONDITIONS OVERVIEW In the course of the normal appraisal process, situations arise wherein we must make standard (generic) and specific and/or extraordinary assumptions with regard to information not readily available. All Standard, Specific and/or Extraordinary Assumptions & Limiting Conditions which may appear in the report are believed to be compatible with generally accepted appraisal principles, Uniform Standards of Professional Appraisal Practice (USPAP), and Appraisal Institute requirements. All are to be considered a part of the Report, and the reader is advised that acceptance of the report constitutes acceptance of all Assumptions and Limiting Conditions. STANDARD UNDERLYING ASSUMPTIONS & LIMITING CONDITIONS Standard Assumptions and Limiting Conditions include such issues as construction components of existing construction; adaptability of soils to development; existence of typical easements, etc. Additionally, since Idaho is a non- disclosure state, details of comparable property sales or leases are presumed to be accurately portrayed by the parties to the respective agreements; in lieu of cooperation by the parties (or in some cases, where parties have no recollection of such details), assumptions and/or reasonable approximations are sometimes necessitated. Such generic assumptions are provided for in the Standard (Generic) Underlying Assumptions and Limiting Conditions, located in the Addenda of the Report. The reader is encouraged to read this section of the Report. EXTRAORDINARY UNDERLYING ASSUMPTIONS & LIMITING CONDITIONS Extraordinary Assumptions & Limiting Conditions are sometimes required depending upon the individual nature of the appraisal problem, and are clearly disclosed in the Certificate of Appraisal, and/or in the discussions within the report to which they pertain. These assumptions are of matters which we have no knowledge, expertise, or timely ability to clarify. Standard Rule 2-1c of the Uniform Standards of Professional Appraisal Practice require, as applicable to the appraisal problem, clear and accurate disclosure of, and an indication of any impact on value of, a third classification of assumption: “extraordinary assumptions and limiting conditions” that directly affect the outcome of appraisal. In the event any extraordinary assumptions and limiting conditions are deemed relevant to the subject and its valuation, they will be set forth in the Certificate of Appraisal, and/or in the discussions within the report to which they pertain. An assumption, directly related to a specific assignment, as of the effective date of the assignment results, which, if found to be false, could alter the appraiser’s opinions or conclusions. We have employed extraordinary assumptions for the purpose of this Meridian City Council Meeting Agenda October 2, 2018 – Page 452 of 580 UNDERLYING ASSUMPTIONS & LIMITING CONDITIONS This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 3 report and their use might have affected the assignment results. The following assumptions have been employed for the purpose of this report: Site specifications were provided by the Ada County Assessor’s office. Should these representations be amended, or prove to be inaccurate, the value estimates are subject to revision. A Phase 1 Environmental Study has not been provided regarding the site. Upon physical inspection, no evidence of environmental hazards were apparent. The value estimate is predicated on the assumption that there is no such material on the property. Any such environmental risk discovered at a later data may require a revised estimate of value which may or may not be simply a reduction of the value by the estimated cost to cure the environmental condition. Properties known to have environmental risk may carry a stigma in the market place which also may or may not affect the value. We have not been provided with a preliminary title report for the subject property. No easements are known to exist with regard to the subject site, which would adversely affect the parcel. We express no opinion as the scope, applicability, enforceability or other aspect of any covenants or restrictions that may affect the property. Client is advised to seek the opinion of real estate counsel as to any real property covenants or restrictions. It is an extraordinary assumption of this appraisal that there are no easements, deeds, or restrictions that currently exist on the subject that would adversely impact the site. All statements of fact used in the report serving as the basis of the appraiser’s analyses, opinions, and conclusions, are considered to be true and correct to the best of the appraiser’s knowledge and belief. We shall have no responsibility for legal matters; questions of survey; legal description; opinion of title; soil or subsoil conditions; engineering; technical matters, etc. The aforementioned and other relevant issues will be developed fully in the body of the report to follow. A metes and bounds legal description has not been provided for the purpose of this report. It is an extraordinary assumption that the site sizes utilized in this report as reported by the Ada County Assessor’s office are accurate. Idaho is a non-disclosure state and recollection of details and anticipation often fade with time; as such it is not always possible to obtain exact details from a respective transaction. Meridian City Council Meeting Agenda October 2, 2018 – Page 453 of 580 SUMMARY OF IMPORTANT FACTS & CONCLUSIONS This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 4 S UMMARY OF I MPORTANT F ACTS & C ONCLUSIONS PROPERTY TYPE: The subject includes 46,609±sf of land, improved with an aged office building containing approximately 8,000±sf. LOCATION: The subject property is located at 33 E. Idaho Avenue in Meridian, Idaho. OWNER OF RECORD: City of Meridian PARCEL SIZE/CONFIGURATION: The site size was provided by the Ada County Assessor’s Office, which was reported to be 1.07±acres or 46,609±sf. The subject site is rectangular in shape. IMPROVEMENT DESCRIPTION: The site is currently improved with an aged office building. The building is approximately 8,000±sf in size, with an additional 2,000±sf of basement space in use as storage. The structure was originally built in 1975. LEGAL DESCRIPTION: The subject legally identified as Lots 21 to 26 inclusive & Lots 28 to 32 inclusive, of Block 2 of the Meridian Townsite #0340-0365-C. ZONING: O-T PROPERTY TAX ID NUMBER: According to the Ada County Assessor’s office the subject is identified as tax parcel number R5672000315. TAX CODE AREA: 03 VALUE ESTIMATED: Market Value of the subject site, land only, “As though Vacant” PROPERTY RIGHTS APPRAISED: Fee Simple Estate HIGHEST AND BEST USE: Commercial Redevelopment EFFECTIVE DATE OF VALUE: September 23, 2018 ESTIMATED EXPOSURE TIME: 12± months (As Vacant) ESTIMATED MARKETING TIME: 12± months (As Vacant) Meridian City Council Meeting Agenda October 2, 2018 – Page 454 of 580 SUBJECT PHOTOGRAPHS This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 5 By: Ada County Aerial view of the subject highlighted in yellow. Photo Taken: 9/23/18 By: BW Exterior view of the improvement located on the subject site. Meridian City Council Meeting Agenda October 2, 2018 – Page 455 of 580 SUBJECT PHOTOGRAPHS This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 6 Photo Taken: 9/23/18 By: BW Exterior view of the improvement located on the subject site. Photo Taken: 9/23/18 By: BW View from the southeast corner of the subject lot facing northwest. Meridian City Council Meeting Agenda October 2, 2018 – Page 456 of 580 SUBJECT PHOTOGRAPHS This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 7 Photo Taken: 9/23/18 By: BW View of the site improvements along N. Meridian Road facing south. Photo Taken: 9/23/18 By: BW View of the eastern edge of the subject property. Location of a small park area. Meridian City Council Meeting Agenda October 2, 2018 – Page 457 of 580 SUBJECT PHOTOGRAPHS This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 8 Photo Taken: 9/23/18 By: BW View of the subject’s parking area located to the east of the building. Photo Taken: 9/23/18 By: BW View of the subject’s parking area located to the west of the building. Meridian City Council Meeting Agenda October 2, 2018 – Page 458 of 580 SUBJECT PHOTOGRAPHS This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 9 Photo Taken: 9/23/18 By: BW View of E. Idaho Street facing east. Photo Taken: 9/23/18 By: BW View of E. Idaho Street facing west. Meridian City Council Meeting Agenda October 2, 2018 – Page 459 of 580 SUBJECT PHOTOGRAPHS This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 10 Photo Taken: 3/11/07 By: AJ View of the large conference room.. Photo Taken: 9/23/18 By: BW View of N. Meridian Road facing south. Photo Taken: 9/23/18 By: BW View of N. Meridian Road facing north. Meridian City Council Meeting Agenda October 2, 2018 – Page 460 of 580 DEFINITION OF THE APPRAISAL PROBLEM This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 11 P ART I – D EFINITION OF THE A PPRAISAL P ROBLEM Meridian City Council Meeting Agenda October 2, 2018 – Page 461 of 580 DEFINITIONS & BACKGROUND INFORMATION This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 12 D EFINITIONS & B ACKGROUND I NFORMATION IDENTIFICATION OF THE PROPERTY Physical Description: The subject of this appraisal includes a total of 46,609±sf of land located at 33 E. Idaho Avenue in Meridian, Idaho Legal Description: The subject legally identified as Lots 21 to 26 inclusive & Lots 28 to 32 inclusive, of Block 2 of the Meridian Townsite #0340-0365-C. Property Tax ID Number: According to the Ada County Assessor’s office the subject is identified as tax parcel number R5672000315. Flood Zone Classification: Review of the FIRM map applicable to the subject – 16001CO232H - indicates that the site is located in Zone X – “areas of 500-year flood.” The appraisers have examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and have noted in the appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area. Because the appraisers are not surveyors, no guarantees are made, express or implied, regarding this determination. HISTORY OF THE SUBJECT PROPERTY According to the Ada County Assessor’s office, the subject site is currently listed under the following ownership: City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642. The subject parcel was in use as the Meridian City Hall since the initial construction in 1975. Since the construction of the new City Hall located to the south of the subject, the building has been leased to a single tenant office user. The City is in discussions with potential developers to sell the subject parcel for redevelopment. According to the provided RFP response/proposal, developers Novembrewhisky, LLC and The Pacific Companies have made a proposal to the City of Meridian to redevelop the subject site which currently is the location of the old City Hall building. This is a large project and is an agreement by the developers and the Meridian Development Corp to continue the revitalization of the Meridian Downtown Core. Meridian City Council Meeting Agenda October 2, 2018 – Page 462 of 580 DEFINITIONS & BACKGROUND INFORMATION This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 13 According the conversations with and documents provided the developers; they have allocated a cost of $565,000 to purchase the subject site and a cost of $150,000 in demolition cost. This results in a total cost of $715,000 or $15.34/sf to purchase the land only, “As though Vacant”. In conversations with the developers this estimate was based on the value of the office building and it was not analyzed from a land value perspective. Based on the analysis within this report, the estimated cost to purchase the subject site, “As though Vacant” of $715,000 or $15.34/sf is slightly below current market values. USPAP Standards Rules 1-5(a) and (b) require an appraiser, when the value opinion to be developed is market value, and if such information is available to the appraiser in the normal course of business, to analyze (1) all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal and (2) all sales of the subject property that occurred within three (3) years prior to the effective date of the appraisal. USPAP Standards Rules 2-2(a)(viii), (b)(viii), and (c)(viii) call for the written appraisal report to contain sufficient information to indicate compliance with the sales history requirement. Standards Rules 2- 2(a)(viii), (b)(viii), and (c)(viii) further require that, if sales history information is unobtainable, the written appraisal report must include a commentary on the efforts taken by the appraiser to obtain the information. No additional sales are known to have occurred regarding the subject property over the three-year reporting period required by the USPAP. PURPOSE OF THE APPRAISAL The purpose of this appraisal is to estimate the market value of the Fee Simple Estate, land only, “As though Vacant”, and to clearly communicate the data and reasoning leading to the formulation of the value estimates. FUNCTION OF THE APPRAISAL This appraisal has been requested by Mr. Bill Nary of the City of Meridian. It is the understanding of L ANGSTON & A SSOCIATES, I NC. that the function of the report is to aid in or support decisions related to the subject property for the benefit of the client, the City of Meridian, for collateral evaluation purposes, or other uses not disclosed to the appraiser. The function of the report, regardless of any intended use or function, does not impact the estimation of value, as defined below. DEFINITION OF MARKET VALUE Market value is defined by the Federal Reserve System under 12 CFR, 225, Subpart G, Appraisals, 225.62 definitions (f), as well as the Uniform Standards of Professional Appraisal Practice (USPAP) as: Meridian City Council Meeting Agenda October 2, 2018 – Page 463 of 580 DEFINITIONS & BACKGROUND INFORMATION This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 14 The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. DEFINITION OF PROPERTY RIGHTS APPRAISED The property rights being appraised include the fee simple estate. Fee Simple is defined as follows: Possession of a title in fee establishes the interest in property known as the fee simple estate—i.e., absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.1 EFFECTIVE DATE OF THE VALUE ESTIMATE The effective date of the as is value estimate is September 23, 2018. Physical inspections of the property were conducted on September 23, 2018 and subsequent dates. These dates are important because they set the critical point in time from which the appraiser examines the market and thus establishes the context for the value estimate. CONFORMITY WITH USPAP This appraisal has been developed in conformance with the current Uniform Standards of Professional Appraisal Practice as adopted by the Appraisal Standards board of The Appraisal Foundation. It conforms to the Standards of Professional Practice and Code of Ethics of the Appraisal Institute. 1The Appraisal of Real Estate, 14th Edition, Chicago: Appraisal Institute. Meridian City Council Meeting Agenda October 2, 2018 – Page 464 of 580 DEFINITIONS & BACKGROUND INFORMATION This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 15 We are familiar with the type of property being appraised in this appraisal and with the market area in which it is located. Consequently, we found no need to take special measures to comply with the "Competency Provision" of the USPAP. This appraisal does not include personal property that would be considered real property and would require a separate valuation. SCOPE OF THE APPRAISAL This report is intended to comply with the USPAP 2018/2019 Edition Scope of Work Rule and has been prepared in accordance with the Appraisal Standard Board’s Advisory Opinions 28 and 29. It is the appraiser’s responsibility to determine and perform a scope of work sufficient to produce credible assignment results. This appraisal report is presented in a summary format. The significant elements of scope included the following: • Inspection of the subject property and environs • Collection, verification and analysis of sales and rental data The subject of this appraisal includes a 1.07±acre (46,609±sf) commercial lot located in Downtown Meridian at the corner of North Meridian Road and West Idaho Street. The subject site is currently improved with an aged office building that is approximately 8,000 sf in size, with an additional 2,000 sf of basement space in use as storage. The structure was originally built in 1975 and was the former location of Meridian City Hall. For the purposes of this report and at the request of the client, we will be valuing the land only, “As though Vacant” and ready for redevelopment. Site improvements for the subject include open, paved parking areas, concrete curb, gutter and walks, lighting, signage, exterior sprinkler systems and moderate landscaped areas. The primary value being sought by the client is the Market Value of the Fee Simple Estate, land value only, “As though Vacant”. Furthermore, this appraisal is the result of an appraisal process where all applicable approaches to value have been employed. The Sales Comparison or Market Data Approach is considered most applicable method in the valuation of the subject site. Comparable land sales deemed substitutable alternatives were available providing an indication of the subject’s potential land value. Given the subject is being valued as vacant land; the Cost and Income Approaches are not applicable in this instance and have been excluded from this valuation analysis. A summary examination of the data acquired, and the reasoning and conclusions based thereupon, are presented in the body of the report to follow. Meridian City Council Meeting Agenda October 2, 2018 – Page 465 of 580 DEFINITIONS & BACKGROUND INFORMATION This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 16 STATE & LOCAL DATA Considering the format of this report no state and local data sections have been presented. We have, however, included information on the Boise MSA from Moody’s Economy.com. Meridian City Council Meeting Agenda October 2, 2018 – Page 466 of 580 BOISE MSA AREA MARKET DATA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 17 B OISE MSA A REA M ARKET D ATA (INCLUDES – ADA, BOISE, CANYON, GEM, & OWYHEE COUNTIES) Meridian City Council Meeting Agenda October 2, 2018 – Page 467 of 580 BOISE MSA AREA MARKET DATA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 18 Meridian City Council Meeting Agenda October 2, 2018 – Page 468 of 580 BOISE MSA AREA MARKET DATA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 19 Meridian City Council Meeting Agenda October 2, 2018 – Page 469 of 580 BOISE MSA AREA MARKET DATA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 20 Recent Performance Boise City’s expansion is in fine shape, besting both Idaho’s and the nation’s. Job growth exceeds 3% over the last three, six and 12 months, more than twice the rates nationally. The rise in payroll employment this year is less broad-based than in 2016, when the public sector and private goods-producing industries were adding workers. Layoffs in local government and less support from goods producers, which struggled early in 2017 but have perked up recently thanks to stabilization in tech manufacturing, are the reason payroll gains this year are running a bit behind those in the same period in 2016. Almost the entire rise in employment year to date is in private services, led by healthcare, financial activities, and wholesale and retail trade. Business Cycle Rapid population growth will help safeguard BOI against a sharper slowdown in job creation. According to the Moody’s Analytics business cycle tracker, BOI remains in mid-cycle expansion even though the area's jobless rate is one of the lowest in the West and matches its historic low in early 2007. After a brief lull, the labor force in BOI is once again surging, with year-over-year growth almost triple the U.S. average. Firms in BOI are raising compensation to attract qualified workers, but this is not reflected in hourly earnings, which have fallen in the past two years because of a weaker mix of jobs and more specifically the secular decline in high-wage computer manufacturing. Average private sector pay has fallen from about 90% of the U.S. average in mid-2015 to 80% in the third quarter of 2017, a drop only a handful of metro areas have experienced. Lower average pay is also the reason why wage and salary income is rising only slightly faster than nationally even though job growth is far stronger. Tech The recent stability in high tech, BOI’s core driver, will give way to renewed growth in 2018, but it will take until the following year for payrolls to reach their cycle high set in 2016. Computer manufacturing, which is among the most productive factory segments, makes up a much higher than average share of tech jobs in BOI. Producers can produce more with fewer workers, and although the industry is shedding jobs more slowly than six months ago, Micron recently announced further layoffs of back-end production jobs. Despite surging revenues and a positive near-term outlook for dynamic RAM production, management plans to cut workers over the next 18 months in a fiercely competitive global market. The silver lining is a fledgling startup scene drawn in by BOI’s low business costs, which will ensure that tech payrolls rise in 2018. Meridian City Council Meeting Agenda October 2, 2018 – Page 470 of 580 BOISE MSA AREA MARKET DATA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 21 Healthcare BOI’s second most important driver after tech is healthcare, which will add jobs at more than twice the U.S. rate next year. Hospitals and nursing homes are buoyed by not only strong population growth but also in-migration of retirees from the expensive West Coast. The share of residents age 65 or older is below the U.S. average, but the gap is narrowing quickly because this cohort is expanding almost 6% per year, twice the rise nationally. St. Luke’s Health System secured an important contract from the state legislature in September to counsel patients choosing insurance plans from Idaho’s own online exchange. Nursing and residential care facilities will supply a higher share of net new healthcare jobs than earlier in the expansion, but the biggest job gains will once again be in ambulatory services and hospitals in 2018. Boise City Data Conclusion Boise City will remain an above-average performer over the next several quarters, thanks to surging healthcare, stabilization in manufacturing, and robust consumer industries. Longer term, stellar demographics and robust population gains in particular will help BOI remain a step ahead of the U.S. and the West. BOISE METRO INFORMATION Boise is not only the capital of Idaho, but the center of commerce, politics, population, cultural events, and the blue field that personifies the Boise State Broncos. As a high desert community resting at the foot of the mountains, it is surrounded by thriving bedroom communities rich in their own histories and economies, bringing the metro area population to approximately 652,000. Experts estimate the MSA population will exceed 695,000 by 2018. Although Boise is famous for the potato market, it has an equally vibrant economic environment for high-tech, healthcare, education, transportation, service, tourism, and retail industries. Many nationally and globally recognized corporations have a home in Boise including Micron Technology, Hewlett Packard, DirecTV, J.R. Simplot Company, MotivePower, Materne, and many others. Forbes consistently ranks Boise as one of the top places in the country to do business, high quality of life, raising a family, entertainment, and recreation. Boise has seen increased development with The Village at Meridian, the Eighth & Main Building, and the under construction City Center Plaza and JUMP Project. Meridian City Council Meeting Agenda October 2, 2018 – Page 471 of 580 BOISE MSA AREA MARKET DATA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 22 Meridian City Council Meeting Agenda October 2, 2018 – Page 472 of 580 ADA COUNTY WORKFORCE TRENDS This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 23 A DA C OUNTY W ORKFORCE T RENDS Meridian City Council Meeting Agenda October 2, 2018 – Page 473 of 580 ADA COUNTY WORKFORCE TRENDS This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 24 Meridian City Council Meeting Agenda October 2, 2018 – Page 474 of 580 ADA COUNTY WORKFORCE TRENDS This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 25 CONCLUSION Ada County is Idaho’s most populous with over 456,849 residents. It is a regional center of government, industry and education. It is more than twice the size of neighboring Canyon County, the state’s second most populous. Ada County ranks 31st among the 44 counties in area. It has grown rapidly, adding 81,500 residents since 2007. Population increased rapidly in the years leading up to the recession. People from other states flocked to the county for its outdoor lifestyle and comparatively low real estate prices. While annual population growth has slowed since then, the county continues to grow more rapidly than the nation, growing 2.8 percent between 2016 and 2017. Boise is the largest city in Ada County and the state with a population of 226,570 in 2017. Meridian the second largest city in the county and state had a population of 99,926 in 2017. Meridian was the 10th fastest growing city in the country in 2017. Eagle is the fastest growing city with a 5.4 percent increase in 2017 bringing its population to 26,089. The Ada County labor force grew significantly between 2007 and 2017, increasing by 36,214. The labor force increased 3.6 percent between 2016 and 2017, the largest increase in more than 10 years. Ada County has more jobs than its labor force can support, requiring commuters from neighboring counties to fill them. During 2017, the unemployment rate continued to decline, dropping 0.5 points from 2016, to 2.8 percent. The lowest since 2007 and down 6.2 percentage points from the record high of 8.9 percent in 2009.The county consistently posts rates below the statewide average. The county’s annual average covered employment increased 5.3 percent, 7,457 jobs, in 2017. Four sectors made up 80 percent of the growth. The largest growth was in professional and business services which added 2,315 jobs. Construction; trade, utilities and transportation; and leisure and hospitality each added more than 1,200 jobs. Over the decade, the county has increased the number of jobs by 21,385. That is impressive considering this time frame included the worst recession in recent memory. Construction and manufacturing lost over 5,700 jobs between 2007 and 2017. These sectors made up 18 percent of the covered employment in 2007 but comprise only 13 percent now. Despite the recession, education and health care posted a gain of nearly 10,000 jobs since 2007. This sector was followed by leisure and hospitality with over 5,000 new jobs. Trade, utilities and transportation added almost 4,300 jobs over the decade, while Government saw a growth of nearly 2,700 jobs. Meridian City Council Meeting Agenda October 2, 2018 – Page 475 of 580 ADA COUNTY WORKFORCE TRENDS This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 26 The annual average covered wage in Ada County increased 5.3 percent to $48,492 in 2017, up $2,426. The growth over the past decade was 21 percent with an increase of nearly $8,400. Wages in manufacturing increased more than $19,500 from 2017. Leisure and hospitality continues to report the lowest wages at $17,471 but it is up 3 percent from a year ago and 25 percent from 2007. In 2017, five sectors paid more than the average wage of 48,492. Ada County ranked 3rd among the 44 counties in per capita income with $47,046 in 2016, an increase of $647 from 2015 or 1.4 percent. This was 119 percent of the state average and 96 percent of the national average. Meridian City Council Meeting Agenda October 2, 2018 – Page 476 of 580 NEIGHBORHOOD DATA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 27 Meridian City Council Meeting Agenda October 2, 2018 – Page 477 of 580 NEIGHBORHOOD DATA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 28 N EIGHBORHOOD D ATA A property is a fixed integral part in its neighborhood, and as such cannot be treated as an entity separate from its environment. Thus, the value of real property is not totally intrinsic, but flows into the property from the environing forces and shares the future with the neighborhood in which it is located. The economic life of a neighborhood is, in turn, determined by the physical characteristics of the land, and the types of improvements located within it. In order for a property to achieve maximum economic value in a neighborhood, the improvements must be designed such that they complement the existing or transitory nature of that neighborhood, and appeal to the users, which they were designed to serve. Simply stated, maximum economic value is achieved when a property is improved in such a way that both its appearance and its utility are functionally homogeneous in relation to the character of the surrounding neighborhood. THE NEIGHBORHOOD DEFINED The boundaries of the general neighborhood include; Fairview Avenue to the north, Franklin Road to the south, Linder Road to the west and Locust Grove Road to the west. The subject property is located in the heart downtown Meridian and approximately 8 miles west of the Central Business District of Boise. Geographically, the subject is part of the city of Meridian, more specifically, located along Idaho Subject Meridian City Council Meeting Agenda October 2, 2018 – Page 478 of 580 NEIGHBORHOOD DATA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 29 Avenue, and east of Meridian Road. Meridian Road is a primary arterial providing good access to the subject neighborhood. The immediate neighborhood would be closely defined as the corridor between Main Street and Meridian Road leading to and from the I-84 Interchange, and downtown Meridian. In general, the immediate neighborhood is characterized as in a growth cycle and is serviced by all public utilities; electricity is provided by Idaho Power, telephone services are provided by Qwest Communications, water is provided by United Water, and natural gas is provided by Intermountain Gas Company. Ada Planning Association has divided the Boise/Meridian metropolitan area into ten planning districts established by geographic, “planimeteric” and topographic features for the purpose of directing growth and services. The subject property is located in downtown Meridian within the Meridian Planning area. ACCESS Primary thoroughfares within the subject’s neighborhood include: Meridian Road, Main Street, Linder Road, and Locust Grove Road, (run north/south), McMillan Road, Pine Avenue, Cherry Lane (Fairview Avenue), Franklin Road and I- 84 (run east/west). Primary access to the subject site is via Meridian Road, a primary arterial serving as a main thoroughfare from the southern areas of Meridian to the north. Access is considered to be average for the neighborhood. The city of Meridian has two on/off ramps to the Interstate, one at Eagle Road and one serving downtown Meridian at Meridian Road. As stated earlier, the Eagle Road/I-84 interchange is the busiest in the state. CHARACTERISTICS OF THE NEIGHBORHOOD The greater subject neighborhood is attractive to residential home buyers as a result of, the affordability of the end-line product in relation to other areas in the Treasure Valley, its proximity to I-84, the Meridian CBD, and the large private employers in the area, including Hewlett Packard, Extended Systems (Palm) and Western Electronics. The Eagle Road, I-84 interchange is the busiest interchange in the state of Idaho, and Eagle Road with a recent expansion to five lanes has become the dominant north-south arterial for western Ada County. The north side of this interchange has experienced significant development with the St. Lukes Regional Medical Center, Meridian Campus, professional office development, a hotel, convenience stores, and a branch bank. An extensive assisted living community is planned for a site just east of the hospital. Meridian City Council Meeting Agenda October 2, 2018 – Page 479 of 580 NEIGHBORHOOD DATA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 30 Analysis of Ada County residential sales shows that the market remains healthy and stable. The city of Boise and surrounding areas is experiencing swelling demand, and a decreasing supply. In addition, increases in development costs have been caused by the longer time lag between a development’s start and the selling of the first lot (holding costs). Holding costs, combined with higher hard and soft costs, have substantially increased development expenses, and as a result have increased lot and improvement prices. Competing light industrial areas include the Westpark Corporate Center, which has developed over the last ten years in an area to the west of the Boise Towne Square mall. Numerous new business parks are located along Interstate 84, east of Meridian Road, which include some office use, light industrial and retail developments. Northeast of the subject is the Boise Research Center, which contains numerous new light industrial and professional office buildings. NEIGHBORHOOD DEMOGRAPHICS The population of Meridian has been increasing rapidly over the past decade and should continue to grow into the near future. Much of this growth is occurring in the northern portion of the city; however, that area directly surrounding the subject site is also experiencing significant growth and change. DOWNTOWN DEVELOPMENT & MARKETING STRATEGY The Downtown Meridian Transportation Management Plan (TMP) is part of a larger program to revitalize and grow the city center. This effort is driven by a marketing strategy that was adopted by the City and Meridian Development Corporation (MDC) in 2004. The strategy, based on an explicit evaluation of Downtown markets and conditions, is a fundamental part of the TMP planning framework. It carefully sets a course for establishing Downtown Meridian as the center of the community and as a major commercial hub of the Treasure Valley. In order for the TMP to succeed, it must complement and support the City’s adopted vision for Downtown: Downtown Meridian will be the true center and heart of a close‐knit community. Primary markets will be community residents, especially families, and the customers and clients already drawn to Meridian’s other primary economic strengths: medical, retail, education, industrial and professional services facilities. The focus of the strategy will be toward connection between customers and businesses, residents and the place of Meridian, heritage and future, young and old, citizens and government, the community and the Treasure Valley. Family oriented public spaces will be managed to host a wide range of social, cultural and civic activities. Sidewalks and street level businesses will create an atmosphere strongly attractive to pedestrians, especially for socializing. Downtown will be a highly livable place that provides a rural town feel in an urban setting. A variety of urban Meridian City Council Meeting Agenda October 2, 2018 – Page 480 of 580 NEIGHBORHOOD DATA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 31 housing opportunities will provide a built in residential community that fosters city center business. Circulation and parking systems will encourage people to come “to” Downtown, while facilitating “through” traffic around Downtown. Building densities and building heights will foster connection rather than sprawl. Downtown development will emphasize seven key strengths: Social retail at street level Cultural, continuing education and recreational (“livability”) facilities Offices for businesses that serve Meridian residents and economic strengths Highly livable urban homes A Treasure Valley business/Transit Village along the rail corridor A strong, highly visible civic presence A circulation system for cars, bikes and pedestrians that makes Downtown a great place to be and to visit Being market driven is fundamental to the success of Downtown Meridian’s revitalization program. Economic trends have been carefully analyzed. Local and regional markets have been well defined. Target markets are clear and accessible. The City’s revitalization strategy provides a development system designed to respond to the needs and expectations of these specified target markets. AREAS OF INFLUENCE AND MARKET COMPETITION The primary practical boundaries of the larger neighborhood in terms of market competition include West Boise and Meridian. This primarily includes those properties with good access from primary arterials, major roads and Interstate-84. UTILITIES & PUBLIC SECTOR: Utilities in the immediate neighborhood include water and sewer provided by the city of Meridian, Electricity by Idaho Power, Telephone by Qwest Communications, and Natural Gas by Intermountain Gas Co. THE SUBJECT AS PART OF ITS NEIGHBORHOOD This appraisal focuses on the subject’s position within the market, its direct and indirect competition, and its potential for continued economic viability. The subject’s location offers good proximity to services, potential employment centers, and good access to the Meridian CBD and other commercial sub-centers. The immediate subject neighborhood ideally contains abundant room for growth and good access to the primary arterials and Interstate-84. The subject’s market area should prudently be expected to continue its transition to a major commercial area with contiguous areas of retail, office and light industrial development. Meridian City Council Meeting Agenda October 2, 2018 – Page 481 of 580 NEIGHBORHOOD DATA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 32 The convenience of the subject’s locality in relation to expanding commercial and office developments, and employment centers is considered above average. Considering the trends and anticipations for the immediate neighborhood, continued expansion of commercial developments can be expected. By both the standards of recent historical development patterns and the projections of leading demographers, the subject’s neighborhood appears to be well positioned for continued demand for office and retail services. In summary, the subject’s immediate neighborhood is anticipated to have above average market demand for vacant land and new(er) improvements with immediacy to primary arterials. Relatively speaking, the subject site has a good location with average access and primary visibility and exposure from Meridian Road. The immediate area should continue its transition to more intensive commercial utilization. Presuming the continued viability of the surrounding area, the subject property’s immediate neighborhood provides a logical extension of commercial development. Therefore, overall neighborhood influences on the viability of the subject property are considered favorable. Meridian City Council Meeting Agenda October 2, 2018 – Page 482 of 580 ZONING & REAL ESTATE TAXES This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 33 Z ONING DISTRICT CLASSIFICATION The subject property is located in Meridian city limits, within Ada County and the Meridian City area of Impact. The current zoning is O-T (Old Town) zoning district. This zoning classification is consistent with the existing use and location of the property. PURPOSE: The purpose of the traditional neighborhood districts is to encourage mixed-use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. OLD TOWN DISTRICT (O-T) The purpose of the O-T District is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the OT District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium-high to high- density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. Subject Meridian City Council Meeting Agenda October 2, 2018 – Page 483 of 580 ZONING & REAL ESTATE TAXES This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 34 Maximum building height is seventy-five (75’). Minimum number of stories for new construction is two (2). Additional height exceeding the maximum height allowed requires approval through a conditional use permit. Administrative design review: All new construction and exterior modifications shall be subject to administrative design review in accord with the procedures set forth in the criteria for the administrative design review are set forth in the document Downtown Meridian Design Guidelines. Meridian City Council Meeting Agenda October 2, 2018 – Page 484 of 580 ZONING & REAL ESTATE TAXES This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 35 R EAL E STATE T AXES According to the Ada County Assessor’s office, the subject is identified as tax parcel number R5672000315. The subject is located in Code Area 03, which has a current mill levy of 11.673715 per $1,000 of assessed value. The subject site is currently owned by the City of Meridian and does not pay property taxes. Ada County has assessment for the subject parcel and therefore we have estimated the annual tax expense. State law mandates that all properties must be appraised at 100% of their market value; however this situation, for a variety of reasons, is rarely achieved. We have researched several land sales within the area correlating recent sale prices (which is assumed to be reflective of market value) with recent assessed values. The results of this research indicated that the assessed values typically range between 70% and 90% of actual market value. The estimated annual tax expense is calculated as follows (estimated market value “As Is”, “As though Vacant” x 80% x Mill Levy Rate = Estimated Tax Expense): Land Value Only, "As though Vacant" Estimated Assessed Value Mill Levy Rate Total Estimated Taxes $842,000 x 80%=$673,600 @ 0.011673715 =$7,863 Meridian City Council Meeting Agenda October 2, 2018 – Page 485 of 580 SITE DESCRIPTION This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 36 Meridian City Council Meeting Agenda October 2, 2018 – Page 486 of 580 SITE DESCRIPTION This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 37 S ITE D ESCRIPTION PHYSICAL CHARACTERISTICS Common and Legal Description The subject legally identified as Lots 21 to 26 inclusive & Lots 28 to 32 inclusive, of Block 2 of the Meridian Townsite #0340-0365-C. Size/Configuration The site is rectangular in shape. A metes and bounds legal description has not been provided for the purposes of this appraisal. The site size was provided by the Ada County Assessor’s Office, which was reported at 1.07 ±acre or 46,609±sf. SOIL CHARACTERISTICS Topography Based upon the physical inspection and as can be noted from the accompanying photographs, the subject topography is generally level and at street grade. There are no atypical development restrictions, or visibility issues as a result of the topography of the site. Subject Meridian City Council Meeting Agenda October 2, 2018 – Page 487 of 580 SITE DESCRIPTION This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 38 Developmental Restrictions The subject’s location, access/visibility and proximity to other destinations are not believed to adversely influence developmental flexibility. Environmental Analysis A Phase I Environmental Assessment has not been provided to L ANGSTON & A SSOCIATES, I NC. The existence of hazardous materials, which may or may not be present on the property, was not observed by the appraiser(s). The analysis presented within this report is predicated on the specific assumption that no environmental concerns are present on the subject property. Any such environmental risk discovered at a later date may require a revised estimate of value, which may or may not be simply a reduction in the value by the estimated cost to cure of the environmental condition. Properties known to have environmental risk may carry a stigma in the marketplace, which also may or may not affect the value. Flood Zone Classification: Review of the FIRM map applicable to the subject – 16001CO232H - indicates that the site is located in Zone X – “areas of 500-year flood.” Subject Meridian City Council Meeting Agenda October 2, 2018 – Page 488 of 580 SITE DESCRIPTION This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 39 The appraisers have examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and have noted in the appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area. Because the appraisers are not surveyors, no guarantees are made, express or implied, regarding this determination. Soil Conditions No atypical restrictions to site maximization are noted from a topographical standpoint. No environmental concerns are present that would limit developmental potential. Finally, while no specific soils tests have been made available, and it is assumed that the soils conditions are adaptable to development with only typical amounts of earth-work required. UTILITIES AND EASEMENTS Utilities The subject has all public utilities available at the site. Utilities are supplied by: United Water of Idaho provides water; the city of Meridian provides sewer; Intermountain Gas Company provides natural gas; Idaho Power Company provides electricity; Qwest Communications provides telephone service. Maintenance of roads, recreational areas, and facilities, is provided by the public sector. The Meridian City Police, Ada County Sheriff’s Department, and the Meridian Fire Department provide public safety services. Liens and Easements of Record We were not provided with a title report for the subject property. There are no known liens and/or easements which would adversely affect the marketability of the subject property. ACCESS AND VISIBILITY Visibility Classification The subject property is considered to be an average site due to its location, secondary frontage and exposure along Meridian Road, which is characterized as a primary arterial. As such, the subject has average exposure and visibility. The subject site also has average exposure and visibility along Idaho Avenue, which is considered to be a secondary arterial. The subject site would most likely be viewed as having above average commercial appeal. Meridian City Council Meeting Agenda October 2, 2018 – Page 489 of 580 SITE DESCRIPTION This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 40 SURROUNDING PROPERTY USES The immediate surrounding property uses include; retail, service commercial and professional office along Main Street, and Meridian Road, single and multi family residential uses to the west. Meridian City Council Meeting Agenda October 2, 2018 – Page 490 of 580 This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 41 P ART II - P ROPERTY V ALUATION Meridian City Council Meeting Agenda October 2, 2018 – Page 491 of 580 HIGHEST AND BEST USE This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 42 H IGHEST AND B EST U SE In common appraisal practice, the concept of highest and best use represents the premise upon which a value estimate is based: The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value.2 The determination of highest and best use is the result of the appraiser’s judgment and analytical skill. The reader is cautioned, however, that the highest and best use of a property is not necessarily its most likely use. Furthermore, the use determined from analysis represents an opinion, not always a “fact” to be found. In practical application, the determination of highest and best use of a property is analyzed, both as vacant, and as improved, subject to the following three criteria: 1) legally permissible, 2) physically possible, and 3) financially feasible. Following is my opinion of the highest and best use of the property under analysis. HIGHEST AND BEST USE, AS VACANT In analyzing the highest and best use, as if vacant, the appraiser hypothetically removes all improvements in order to determine the most likely and probable use of the site as vacant. It is necessary to consider the following characteristics and environmental influences that have a direct influence on the subject’s potential utilization. The characteristics and features deemed most influential in the use of the subject property are the subject’s location, access, physical features, zoning classification, availability of public services, surrounding property types and forms of development, and the market’s demand for various property uses. Legally Permissible: As was discussed in the Zoning section of this report, the subject falls within the O-T zoning district. This zoning district offers a variety of potential developmental scenarios; however, based on the probable development trend immediately to the south and east of the subject, it would appear that the most probable developmental direction would be some form of retail, office or mixed used scenario, that may or may not include a residential component, given the prominent location in downtown Meridian. Aside from the standard utility easements and right of way easements, none are known that would adversely affect developmental potential. The underlying zoning is not believed to restrict development of the subject’s highest and best use. A zoning change would not appear likely, necessary, nor advantageous, at this point in time. Candidly, under present market dynamics, it is 214th Edition, Meridian City Council Meeting Agenda October 2, 2018 – Page 492 of 580 HIGHEST AND BEST USE This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 43 most likely that developmental alternatives into the near term future would be retail, office or a mixed use scenario, that may or may not include a residential component, which are allowable within this zoning district. Physically Possible: The subject parcel has no obvious physical restrictions that would limit development to its highest and best use. The topography, which is generally level and its configuration are believed to assist in developmental alternatives under present market dynamics. The size of the subject site affords developmental scenarios of a larger neighborhood mixed use classification. The subject has good accessibility both within the neighborhood and coming into and from locations external to the neighborhood. All utilities are available and provide for development of increased density. With the above in mind, the subject’s physical characteristics are not believed to measurably restrict the development potential. Financially Feasible: Based upon the trends of the immediate neighborhood, it is our opinion that there are only a few logical developmental scenarios for the subject. The overall location would be conducive to a retail commercial oriented development on the site, given the visibility and access, and proximity to other retail centers in the immediate neighborhood. It appears that the potential synergy of the development would not be maximized by placement of a special use improvement, light industrial improvement, etc., succinctly by a somewhat incompatible improvement. In our opinion the potential use most logically falls into the mixed use category of retail oriented commercial use. Maximally Productive: This criterion considers, among the financially feasible uses, that use which produces the highest residual value to the land component. Each of the potential uses are different and would produce different returns to the land. The maximization of the development would most likely include a mixed use development. CONCLUSIONS, AS VACANT Under present zoning, were the subject site vacant and available for development, a larger multi tenant mixed use type development would be most likely to result given the exposure from Meridian Road, and proximity to new developments in the area. Given the most recent construction within the immediate neighborhood, and considering current market dynamics, it would appear that some form of mixed development would be the Highest and Best Use for the subject as vacant. HIGHEST AND BEST USE AS IMPROVED It is recalled that the subject is improved with an existing single tenant building formally used by the City of Meridian as City Hall. The building is 8,000 sf in size Meridian City Council Meeting Agenda October 2, 2018 – Page 493 of 580 HIGHEST AND BEST USE This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 44 and was originally built in 1975. The building has been designed for single tenant use, including private offices and large open work spaces, a large conference room and basement storage areas. Because of practical limitations due to the age and condition of the existing improvements and the fact that the site is already improved, the market limits the number of possible highest and best uses to a few logical choices. These choices or options for an improved property fall into 6 basic categories: 1. Conversion to another use. 2. Remodel or renovate the existing use. 3. Expansion of the existing use. 4. Continued operation. 5. Any combination of the above. 6. Raze or demolish the improvements. Conversion to Another Use: The building is specifically designed for office uses and therefore conversion not likely. The feasibility rent required for an alternate use to support the conversion cost is not attainable in the subject location. Therefore, conversion to another use is not financially feasible at this point. Remodel of the Existing Improvements:, Due to its age and condition, a remodel of the subject property could be given consideration at this point in time. The building does not currently meet new energy or building code standards. Any proposed renovation of the space would be required to update the improvements to current building standards. Considering the level of improvements necessary for a full renovation, it is highly unlikely that the anticipated rent levels captured under the current market conditions would justify any such renovation at this point in time. Expansion of the Existing Improvement: The expansion of the subject improvements would not be an option considering the size of the improvements in their current configuration. The land to building ratio at 4.13:1 certainly falls at the upper end of ratios as indicated by similar properties. An expansion of some sort is not possible, and therefore, an expansion of the existing improvements under its current use are not physically possible at this time. Raze or Demolish the Existing Improvements: Considering the age, condition and potential income generation of the improvements, razing or demolition of these improvements is very likely with regard to the most probable highest and best use for the subject property at this time. Considering the age and condition of the improvement and the development trend in the area, redevelopment of the aggregate site is likely in the foreseeable future. Considering the current condition of the improvements and likely hood of Meridian City Council Meeting Agenda October 2, 2018 – Page 494 of 580 HIGHEST AND BEST USE This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 45 redevelopment, it appears reasonable that the existing improvements will only serve as an interim use. CONCLUSIONS Considering the preceding discussion and the request of the client to value the land “As though Vacant’, it is our opinion that the Highest and Best Use is for interim use of the existing improvements, and eventual demolition for future commercial development under a mixed use scenario which lends itself to attaining the highest return on investment. Meridian City Council Meeting Agenda October 2, 2018 – Page 495 of 580 EXPOSURE & MARKETABILITY SUMMARY This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 46 E XPOSURE AND M ARKETABILITY S UMMARY EXPOSURE PERIOD Exposure period, by definition, is the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at a market value on the effective date of the appraisal. In other words, how much time would the property being appraised need to be exposed on the market for a sale commensurate with the market value of the property, as of the date of the appraisal? Based upon research and discussions with various participants in the market, the exposure time for the subject would most likely trend around the 12± month time frame. MARKETING PERIOD This section of the report is particularly relevant to income-producing properties, and is undertaken primarily to consider how the subject fits into the overall market segment and how effectively it competes in the market. Issues worthy of consideration might include supply indicators (rent levels, absorption rates, inventory of existing space, construction trends, vacancy patterns), as well as anticipated changes in demand. Much of this sort of information has already been presented for consideration in the Neighborhood and Highest and Best Use sections of the report. The subject would most likely appeal to an investor, with intentions of redevelopment of the property in the future. Based upon the sale data assembled, discussions with investors, brokers and agents, and other market participants, we are left with the strong sense that the subject would have a marketing period of around 12± months. This assumes that the subject is priced within the range found herein, is aggressively and professionally marketed, and that no adverse stigma becomes associated with the property by internal mismanagement or external forces. Meridian City Council Meeting Agenda October 2, 2018 – Page 496 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 47 S ALES C OMPARISON A PPROACH It is assumed in this approach that there exists a market for the type of property being appraised, and that data on recent sales of similar, competitive properties in the market are “arm’s length” transactions, indicating a most probable sale price that the subject property would bring as of the valuation date. Although individual sales often deviate from a situation where both buyer and seller are knowledgeable market participants, it is assumed that a sufficient number of sales should tend to reflect investor patterns of prices (and thus values) in that particular market. The following process is typically undertaken in order to develop an informed opinion of a property’s value using the Sales Comparison Approach: 1. Search out sales, listing, or offerings of similar properties. 2. Confirm the prices as to terms, reason for purchase, and if a bona fide sale. 3. Compare the sale property’s attributes with those of the property being appraised. 4. Analyze all the differences as to their probable effect on the sale price. 5. Form an opinion of the relative value of the property under appraisal as compared with the sale price of each similar property. Some of the economic units of comparison which may be utilized in this approach are Overall Rate (OAR), Gross Annual Income Multipliers (GAIM or GIM), Effective Gross Income Multipliers (EGIM); and some of the physical units of comparison are price per square foot, price per unit, price per room, etc. DISCUSSION OF MARKET DATA Comparable sales purchased for a similar use have been identified to establish a reasonable value range for the subject. Due to the subject’s land use as commercial land, we have analyzed similar land use developments. On the following pages is a Summary of the Market Sales followed by a discussion of the adjustment considerations for comparable sales presented, followed by the conclusion of value for the subject property by the Sales Comparison Approach. There are very few, if any, vacant commercial lots located in the downtown Core of the City of Meridian that have been recently purchased or sold. Therefore; for some of the comparables we have gathered sales of commercial lots with aging improvements that have the potential for redevelopment at some time in the future. In some cases, we have estimated the demolition cost associated with the removal of the improvements, in an attempt to value the comparable commercial lots, “As though Vacant”. Meridian City Council Meeting Agenda October 2, 2018 – Page 497 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 48 Summary of Comparable Sales General Data Comp 1 Comp 2 Comp 3 Comp 4 Common Name Meridian Road Parcel Main Street Retail Main Street Parcel Church Parcel Address/Location 100 S. Meridian Road 408 & 416 N. Main Street 422 N. Meridian Road 301 NE 3rd Street City Meridian Meridian Meridian Meridian Legal Description Par #3263 @ W Side Gov Lot 1 Sec 18 3N 1E Parcel 2 R/S 10640 #223267B S2 of Lot 11/12/13 Blk 5 Meridian Bowers Add and N2 of Lots 11/12/13 Blk 5 Meridian Bowers Add Lots 9/10 Blk 5 Meridian Bowers Add E2 of Lot 8 & Lots 9 & 10 Blk 3 Meridian Bown Add Use at Sale Vacant Retail Shop, Garage, Residence Church Proposed Use Retail Commercial Commercial Commercial Utility Availability All Available All Available All Available All Available Zoning C-G O-T O-T O-T Frontage Primary Primary Primary Average Access Good Good Good Average Parcel Shape Rectangular Rectangular Rectangular Rectangular Easements/ Restrictions None Known None Known None Known None Known Transaction Info Sale Date Listing Listing (2018)(May-18) Parcel Number S1118223263 R1039000430 & R1039000440 R1039000420 R1042000120 Parcel Size (Acres)0.79 0.28 0.19 0.20 Parcel Size (SF) 34,282 12,197 8,276 8,712 Total Consideration $550,599 $375,000 $240,000 $200,000 Unit Price (Acres) $699,618 $1,339,286 $1,263,158 $1,000,000 Unit Price (sf)$16.06 $30.75 $29.00 $22.96 Terms N/A N/A Cash Cash Marketing Period N/A N/A Unknown Unknown Grantor N/A N/A Jack L Bruck Meridian Mission Baptist Church Grantee N/A N/A MacDonald Investments LLC Michelle Brotzman Confirmation Brian Watt/Rocky Mountain Services Brent Bungard/Arthurberry Realestate Brent Bungard/Arthurberry Realestate MLS#98667925/Sean Stimpson 208-631- 4064 Comments This is a listing for the last remaining commercial lot located along S. Meridian Road in Downtown Meridian. The property is listed for sale for $548,500 or $16.00/sf. This is a listing for two parcels located along N. Main Street in downtown Meridian. The owner would like to sell both parcels together. The property is currently improved with two retail buildings, however the highest and best use of the site would be for redevelopment in the future. This listing price is $375,000 or $30.75/sf. This property was purchased for $225,000 or $27.19 by an owner user who will occupy one building and continue to rent out the remaining improvements. This lot is located along N. Main Street in downtown Meridian. The parcel has a shop, garage, and a small residence. The estimated cost demolish the existing improvements is $15,000 which has been added to the original purchase price to reflect the land value as though vacant. This purchase occurred in 2018 and according to the listing agent was indicative of an arms length agreement. This sale represents the purchase of a .20 acre commercial lot located near downtown Meridian. The sale occurred in May of 2018 for the purchase price of $185,000 or $21.24/sf for the land. The property was for sale for a number of years with little interest. Near the end, with multiple price drops and a motivated seller, the property closed. It is estimated the demolition cost for the existing building to be $15,000 which has been added to the original purchase price to reflect the land value as though vacant. Meridian City Council Meeting Agenda October 2, 2018 – Page 498 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 49 Summary of Comparable Sales General Data Comp 5 Comp 6 Comp 7 Comp 8 Common Name Main Street Office Meridian Road Church Primary Health Parcel Maverick Parcel Address/Location 1310 N Main Street 1114 N. Meridian Road 1648 NW 1st Street 97 S. Main Street City Meridian Meridian Meridian Meridian Legal Description Par #3530 of NW4MW4 Sec 7 3N 1E Lots 1 & 2 Blk 1 Exc R/W FA Nourses 3rd Add Amd #0004-B Par#0021 Por Lts 1-2 & 6 Blk 1 Wilson Add to Meridian Par B Ros 10394 Par #3220 @ N Side Gov Lot 1 Sec 18 3N 1E Parcel 1 R/S 10640 Use at Sale Office/Retail Church Vacant Vacant Proposed Use Office/Retail Church Retail Retail Utility Availability All Available All Available All Available All Available Zoning C-C R-15 O-T C-G Frontage Primary Primary Primary Primary Access Good Good Good Good Parcel Shape Rectangular Rectangular Rectangular Rectangular Easements/ Restrictions None Known None Known None Known None Known Transaction Info Sale Date (Mar-18)(July-17)(Feb-16)(Aug-2015) Parcel Number S1007223530 R6129020003 R9453000021 and R9453000042 S1118223220 Parcel Size (Acres)0.35 0.22 0.61 1.80 Parcel Size (SF) 15,246 9,583 26,572 78,190 Total Consideration $275,000 $260,000 $490,000 $1,600,000 Unit Price (Acres) $785,714 $1,181,818 $803,279 $891,365 Unit Price (sf)$18.04 $27.13 $18.44 $20.46 Terms Cash Cash Cash Marketing Period 6 months 5 Months Unknown Unknown Grantor Douglas Hart General Assembly & Church of the First Born Holiday Partners, LLC Undisclosed Grantee Avest Commercial Property, LLC Meridian Mission Baptist Church PH Cherry Lane LLC 97 Main LLC Confirmation MLS#98670913/Blake Haggett MLS#9863674/Sean Stimpson Brian Watt/Rocky Mountain Services Brian Watt/Rocky Mountain Services Comments This lot is located along N. Main Street in downtown Meridian. There is a office/retail building located on the site. This sale occurred in March of 2018 for the purchase price of $250,000 or $18.04/sf for the land. The lot is large enough for expansion, re-purpose or redevelopment. The estimated cost to demolish the existing improvement is $15,000 which has been added to the original purchase price to reflect the land value as though vacant. This lot is located along N. Meridian Road in downtown Meridian. The property is currently used as a church. This sale occurred in July of 2017 for the total purchase price of $245,000 or $25.57/sf. We have estimated a demolition cost of $15,000 to remove the existing improvements, which has been added to the original purchase price to reflect the land value as though vacant. This results in in a total purchase price of $260,000 or $27.31/sf for the parcel as though vacant. This lot was purchased with the intent of constructing a Primary Health facility. The lot is located at the corner of Meridian Road and Cherry Road in Downtown Meridian. This sale occurred in February of 2016 for the purchase price of $490,000 or $18.44/sf. This lot is the location of the newly constructed Maverick Gas Station. The lot is located at the corner of S. Main Street and E. Franklin Road in Downtown Meridian. This sale occurred in August of 2015 for the purchase price of $1.6 million or $20.46/sf. According to the agent involved in the sale, the transaction was indicative of an arm's length agreement. Meridian City Council Meeting Agenda October 2, 2018 – Page 499 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 50 Meridian City Council Meeting Agenda October 2, 2018 – Page 500 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 51 ANALYSIS The comparables range in un-adjusted sales price from $16.06/sf to $30.75/sf. The sales are all recent, ranging from August of 2015 to May of 2018. We have also included two current listings. Qualitative Analysis Qualitative analysis recognizes the inefficiencies of real estate markets and the difficulty in expressing adjustments with mathematical precision. It is essential, therefore, that the appraisers explain the analytical process and logic applied in reconciling the value indications using qualitative analysis techniques such as; ● Trend analysis ● Relative Comparison analysis ● Ranking analysis A relative comparison analysis will be employed in the analysis of the comparables sales to arrive at a value indication for the subject. Relative comparison analysis is the study of relationships indicated by market data without recourse to quantification. Many appraisers use this technique because it reflects the imperfect nature of real estate markets. To apply the technique the appraiser analyzes comparable sales to determine whether the comparable properties’ characteristics are inferior, superior or similar to those of the subject property. Property Rights Conveyed This adjustment is required when a sale transaction is other than a Fee Simple Estate, free and clear of all leases. All of the comparable sales involved the transfer of the Fee Simple Estate therefore no adjustments are necessary. Financing Terms This adjustment is for financing associated with the transaction. The market value definition used in this report specifically states that value is predicated on cash or its equivalent. Comparables are typically reported as being cash sales with the purchaser obtaining third-party financing, when owner financing was equivalent to market rates and terms, or are adjusted to a cash equivalency when below market terms were disclosed. The sales prices utilized in the analysis are cash or were reported by the parties to be cash equivalent prices. Meridian City Council Meeting Agenda October 2, 2018 – Page 501 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 52 Conditions of Sale This adjustment considers the motivations of the buyer and seller. This adjustment considers the motivations of the buyer and seller. Comparables #1 and #2 are current listing and are not confirmed sales therefore; we have ranked Comparables #1 and #2 superior in conditions of sale. All of the remaining comparables are believed to be arm’s length transactions and no adjustments for conditions of sale have been applied. Market Conditions/Time This adjustment accounts for changes in value due to changing market conditions. It should also be noted that retail lease rates have continued increasing since 2011 with some stabilization from 2015 to 2016 and rents for 2018 are expected to be strong based upon the momentum gained in 2017. The increase in lease rates as well as the general concensus of market participants indicates a demand for retail space. The historical change in retail lease rates are shown in the table below. Market participants indicate improving market conditions over the last 24 to 36 months. Due to the market demand increasing in 2016, market conditions were inferior prior to this time period. Conditions had begun to stabilize in 2015 and continued to stabilize in 2016 and most recently have experienced strengthening in rents from 2016 to current date. According to local market participants expectations are that the Retail market will have some momentum going into 2018 with high holiday retail sales providing an indication that consumer confidence remains high and is likely to stay elevated into this year. Comparable #7 and #8 were purchased Meridian City Council Meeting Agenda October 2, 2018 – Page 502 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 53 in 2016 and 2015 which is considered to be inferior market conditions and has been ranked inferior in market conditions. The remaining comparables were purchased in the last 15 months and are considered to have been purchased during similar market conditions and no adjustments have been applied. Additional qualitative adjustments have been considered to the comparables as needed. The following adjustments were made to the comparable sales based on the following categories: Location o Surrounding Uses o Frontage/Access Physical Attributes o Utility Availability o Site Improvements o Parcel Shape o Site Size o Zoning Lump Sum/Other Sale 1 This is a listing for the last remaining commercial lot located along S. Meridian Road in Downtown Meridian. The property is listed for sale for $548,500 or $16.00/sf. The property rights conveyed, financing terms, and market conditions are viewed as similar to the subject property. Comparable 1 is a current listing and has been ranked superior in conditions of sale. Comparable 1 is located in Meridian, just south of the Downtown Meridian Core and has similar surrounding land uses when compared to the subject’s location in the Downtown Core. Comparable 1 is located at the corner of W. Franklin Road and S. Main Street which has superior access and visibility when compared to the subject’s location. Comparable 1 has access to utilities which is similar when compared to the subject property. Comparable 1 has an inferior level of site improvements when compared to the subject property. Comparable 1 is primarily rectangular in shape which is similar when compared to the subject property. The site size is .79±acre (34,282±sf) which is a similar site size when compared to the subject’s site size. Comparable 1 is zoned CG and has more Meridian City Council Meeting Agenda October 2, 2018 – Page 503 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 54 flexibility than the O-T zoning of the subject and has been ranked superior in zoning. Due to the inferior site improvements, Comparable 1 is inferior when compared to the subject property and set the lower end of the subject’s potential market value range at $16.06/sf. Overall, based upon the qualitative analysis and the relative comparison analysis presented the indicated price/sf extracted from this comparable provides an inferior indication of the potential market value for the subject property. Sale 2 This is a listing for two parcels located along N. Main Street in downtown Meridian. The owner would like to sell both parcels together. The property is improved with two retail buildings. This listing price is $375,000 or $30.75/sf. The property rights conveyed, financing terms, and market conditions are viewed as similar to the subject property. Comparable 2 is a current listing and has been ranked superior in conditions of sale. Comparable 2 is located in Meridian, just southeast of the subject in the Downtown Core and has similar surrounding land uses when compared to the subject’s location in the Downtown Core. Comparable 2 is located at the corner of N. Main Street and E. Ada Street which has similar access and visibility when compared to the subject’s location. Comparable 2 has access to utilities which is similar when compared to the subject property. Comparable 2 has a similar level of site improvements when compared to the subject property. Comparable 2 is primarily rectangular in shape which is similar when compared to the subject property. The site size is .28±acre (12,197±sf) which is a superior site size when compared to the subject’s site size. Comparable 2 is zoned O-T and has a similar future land designation when compared to the subject property. Due to the superior conditions of sale and site size, Comparable 2 is superior when compared to the subject property and sets the upper end of the subject’s potential market value range at $30.75/sf. Overall, based upon the qualitative analysis and the relative comparison analysis presented the indicated price/sf extracted from this comparable provides a superior indication of the potential market value for the subject property. Meridian City Council Meeting Agenda October 2, 2018 – Page 504 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 55 Sale 3 This property was purchased for $225,000 or $27.19/sf by an owner user who will occupy one building and continue to rent out the remaining improvements. This lot is located along N. Main Street in downtown Meridian. The parcel has a shop, garage, and a small residence. The estimated cost to demolish the existing improvements is $15,000 which has been added to the original purchase price to reflect the land value as though vacant. This results in a total purchase price of $240,000 or $29.00/sf. This purchase occurred in 2018 and according to the listing agent was indicative of an arms-length agreement. The property rights conveyed, conditions of sale, financing terms, and market conditions are viewed as similar to the subject property. Comparable 3 is located in Meridian, just southeast of the subject in the Downtown Core and has similar surrounding land uses when compared to the subject’s location in the Downtown Core. Comparable 3 is located at the corner of N. Main Street and E. Bower Street which has similar access and visibility when compared to the subject’s location. Comparable 3 has access to utilities which is similar when compared to the subject property. Comparable 3 has an inferior level of site improvements when compared to the subject property. Comparable 3 is primarily rectangular in shape which is similar when compared to the subject property. The site size is .19±acre (8,276±sf) which is a superior site size when compared to the subject’s site size. Comparable 3 is zoned O-T and has a similar future land designation when compared to the subject property. Due to superior site size, Comparable 3 is superior when compared to the subject property Overall, based upon the qualitative analysis and the relative comparison analysis presented the indicated price/sf extracted from this comparable provides a superior indication of the potential market value for the subject property. Meridian City Council Meeting Agenda October 2, 2018 – Page 505 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 56 Sale 4 This sale represents the purchase of a .20±acre commercial lot located near downtown Meridian. The sale occurred in May of 2018 for the purchase price of $185,000 or $21.24/sf for the land. The property was for sale for a number of years with little interest. Near the end, with multiple price drops and a motivated seller, the property closed. It is estimated the demolition cost for the existing building to be $15,000 which has been added to the original purchase price to reflect the land value as though vacant. This results in a total purchase price of $200,000 or $22.96/sf. The property rights conveyed, conditions of sale, financing terms, and market conditions are viewed as similar to the subject property. Comparable 4 is located in Meridian, just southeast of the subject and has similar surrounding land uses when compared to the subject’s location in the Downtown Core. Comparable 4 is located at the corner of E. King Street and E. 3rd Street which has inferior access and visibility when compared to the subject’s location. Comparable 4 has access to utilities which is similar when compared to the subject property. Comparable 4 has an inferior level of site improvements when compared to the subject property. Comparable 4 is primarily rectangular in shape which is similar when compared to the subject property. The site size is .20±acre (8,712±sf) which is a superior site size when compared to the subject’s site size. Comparable 4 is zoned O-T and has a similar future land designation when compared to the subject property. Due to the superior site size, Comparable 4 is superior when compared to the subject property Overall, based upon the qualitative analysis and the relative comparison analysis presented the indicated price/sf extracted from this comparable provides a superior indication of the potential market value for the subject property. Meridian City Council Meeting Agenda October 2, 2018 – Page 506 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 57 Sale 5 This lot is located along N. Main Street in downtown Meridian. There is an office/retail building located on the site. This sale occurred in March of 2018 for the purchase price of $250,000 or $18.04/sf for the land. The lot is large enough for expansion, re-purpose or redevelopment. The estimated cost to demolish the existing improvement is $15,000 which has been added to the original purchase price to reflect the land value as though vacant. This results in a total purchase price of $275,000 or $18.04/sf. The property rights conveyed, market conditions, conditions of sale and financing terms are viewed as similar to the subject property. Comparable 5 is located in Meridian just outside the Downtown Core, northeast of the subject and has similar surrounding land uses when compared to the subject’s location. Comparable 5 is located along N. Main Street which has inferior access and visibility when compared to the subject’s location. Comparable 5 has access to utilities which is similar when compared to the subject property. Comparable 5 has an inferior level of site improvements when compared to the subject property. Comparable 5 is rectangular in shape which is similar when compared to the subject property. The site size is .35±acre (15,246±sf) which is a superior site size when compared to the subject’s site size. Comparable 5 is zoned C-C, which has more flexibility than the O-T zoning of the subject and has been ranked superior in zoning. Due to inferior visibility, access and site improvements, Comparable 5 is inferior when compared to the subject property. Overall, based upon the qualitative analysis and the relative comparison analysis presented the indicated price/sf extracted from this comparable provides an inferior indication of the potential market value for the subject property. Meridian City Council Meeting Agenda October 2, 2018 – Page 507 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 58 Sale 6 This lot is located along N. Meridian Road in downtown Meridian. The property is currently used as a church. This sale occurred in July of 2017 for the total purchase price of $245,000 or $25.57/sf. We have estimated a demolition cost of $15,000 to remove the existing improvements which has been added to the original purchase price to reflect the land value as though vacant. This results in in a total purchase price of $260,000 or $27.31/sf for the parcel as though vacant. The property rights conveyed, market conditions, conditions of sale and financing terms are viewed as similar to the subject property. Comparable 6 is located in Meridian, just north of the subject in the Downtown Core and has similar surrounding land uses when compared to the subject’s location. Comparable 6 is located along Meridian Road which has similar access and visibility when compared to the subject’s location. Comparable 6 has access to utilities which is similar when compared to the subject property. Comparable 6 has a similar level of site improvements when compared to the subject property. Comparable 6 is rectangular in shape which is similar when compared to the subject property. The site size is .22±acre (9,583±sf) which is a superior site size when compared to the subject’s site size. Comparable 6 is zoned R-15 but has similar future land uses as the subject. We have ranked Comparable 6 inferior in zoning due the additional flexibility of the O-T zoning of the subject. Due to the superior site size, Comparable 6 is superior when compared to the subject property. Overall, based upon the qualitative analysis and the relative comparison analysis presented the indicated price/sf extracted from this comparable provides a superior indication of the potential market value for the subject property. Meridian City Council Meeting Agenda October 2, 2018 – Page 508 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 59 Sale 7 This lot was purchased with the intent of constructing a Primary Health facility. The lot is located at the corner of Meridian Road and Cherry Road in Downtown Meridian. This sale occurred in February of 2016 for the purchase price of $490,000 or $18.44/sf. The property rights conveyed, conditions of sale and financing terms are viewed as similar to the subject property. Comparable 7 was purchased in 2016 and has been ranked inferior in market conditions. Comparable 7 is located in Meridian, just north of the Downtown Core and has similar surrounding land uses when compared to the subject’s location in the Downtown Core. Comparable 7 is located at the hard corner of W. Cherry Land and N. Meridian Road which has superior access and visibility when compared to the subject’s location. Comparable 7 has access to utilities which is similar when compared to the subject property. Comparable 7 has an inferior level of site improvements when compared to the subject property. Comparable 7 is rectangular in shape which is similar when compared to the subject property. The site size is .61±acre (26,572±sf) which is a superior site size when compared to the subject’s site size. Comparable 7 is zoned O-T and has a similar future land designation when compared to the subject property. Due to inferior market conditions and site improvements, Comparable 7 is inferior when compared to the subject property. Overall, based upon the qualitative analysis and the relative comparison analysis presented the indicated price/sf extracted from this comparable provides an inferior indication of the potential market value for the subject property. Meridian City Council Meeting Agenda October 2, 2018 – Page 509 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 60 Sale 8 This lot is the location of the newly constructed Maverick Gas Station. The lot is located at the corner of S. Main Street and E. Franklin Road in Downtown Meridian. This sale occurred in August of 2015 for the purchase price of $1.6 million or $20.46/sf. According to the agent involved in the sale, the transaction was indicative of an arm's length agreement. The property rights conveyed, conditions of sale and financing terms are viewed as similar to the subject property. Comparable 8 was purchased in 2015 and has been ranked inferior in market conditions. Comparable 8 is located in Meridian, just south of the Downtown Core and has similar surrounding land uses when compared to the subject’s location in the Downtown Core. Comparable 8 is located at the hard corner of W. Franklin Road and S. Main Street which has superior access and visibility when compared to the subject’s location. Comparable 8 has access to utilities which is similar when compared to the subject property. Comparable 8 has an inferior level of site improvements when compared to the subject property. Comparable 8 is rectangular in shape which is similar when compared to the subject property. The site size is 1.80±acre (78.190±sf) which is a similar site size when compared to the subject’s site size. Comparable 8 is zoned C-G which has more flexibility than the O-T zoning of the subject therefore, we have ranked Comparable 8 superior in zoning. Due to superior frontage, access and zoning, Comparable 8 is superior when compared to the subject property. Overall, based upon the qualitative analysis and the relative comparison analysis presented the indicated price/sf extracted from this comparable provides a superior indication of the potential market value for the subject property. The qualitative adjustment grid to this point is presented following. Meridian City Council Meeting Agenda October 2, 2018 – Page 510 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 61 QUALITATIVE ADJUSTMENT GRID Comp 1 Comp 2 Comp 3 Comp 4 Comp 5 Comp 6 Comp 7 Comp 8 Common Name Meridian Road Parcel Main Street Retail Main Street Parcel Church Parcel Main Street Office Meridian Road Church Primary Health Parcel Maverick Parcel Indicated Sales Price/sf $16.06 $30.75 $29.00 $22.96 $18.04 $27.13 $18.44 $20.46 Sale Date Listing Listing (2018)(May-18)(Mar-18)(July-17)(Feb-16)(Aug-2015) Property Rights Conveyed Similar Similar Similar Similar Similar Similar Similar Similar Financing Terms Similar Similar Similar Similar Similar Similar Similar Similar Conditions of Sale Superior Superior Similar Similar Similar Similar Similar Similar Market Conditions (Time)Similar Similar Similar Similar Similar Similar Inferior Inferior Location Surrounding Uses Similar Similar Similar Similar Similar Similar Similar Similar Frontage/Access Superior Similar Similar Inferior Inferior Similar Superior Superior Physical Attributes Utility Availability Similar Similar Similar Similar Similar Similar Similar Similar Site Improvements Inferior Similar Inferior Inferior Inferior Similar Inferior Inferior Parcel Shape Similar Similar Similar Similar Similar Similar Similar Similar Site Size Similar Superior Superior Superior Superior Superior Superior Similar Zoning Superior Similar Similar Similar Superior Inferior Similar Superior Net Adjustments $16.06 $30.75 $29.00 $22.96 $18.04 $27.13 $18.44 $20.46 Lump Sum / Other -$ -$ -$ -$ -$ -$ -$ -$ Adjusted Price/sf $16.06 $30.75 $29.00 $22.96 $18.04 $27.13 $18.44 $20.46 Site Size (sf)34,282 12,197 8,276 8,712 15,246 9,583 26,572 78,190 Subtotal Adjusted Price/sf $16.06 $30.75 $29.00 $22.96 $18.04 $27.13 $18.44 $20.46 Comp 1 Comp 2 Comp 3 Comp 4 Comp 5 Comp 6 Comp 7 Comp 8 ADJUSTED PRICE/sf $16.06 $30.75 $29.00 $22.96 $18.04 $27.13 $18.44 $20.46 Overall Comparability Inferior Superior Superior Superior Inferior Superior Inferior Superior Mean:$22.85 $16.06 Low $30.75 High Median:$21.71 Range within one standard deviation of mean: Standard Deviation:$5.51 $17.34 to $28.37 The value indication for the subject ranges between $16.06/sf and $30.75/sf, with the mean and median of $22.85/sf and $21.71/sf. We have ranked the subject compared to the adjusted comparables in the proceeding table. A qualitative analysis summary table is provided below: Comparables Site Size Adjusted Price/sf Ranking Comp 2 12,197 $30.75 Superior Comp 3 8,276 $29.00 Superior Comp 6 9,583 $27.13 Superior Comp 4 8,712 $22.96 Superior Comp 8 78,190 $20.46 Superior Subject Site 46,609 - - -- - - - - - - - - - - Comp 7 26,572 $18.44 Inferior Comp 5 15,246 $18.04 Inferior Comp 1 34,282 $16.06 Inferior Qualitative Analysis Adjustment Summary Table Meridian City Council Meeting Agenda October 2, 2018 – Page 511 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 62 ANALYSIS In this instance the comparable sales presented establish general market parameters and are considered to provide a reliable indication of market value of the subject site. Primary emphasis has been placed on the value indication provided by Comparables 7 and 8 due to the similarity to the subject in regards to location, access, visibility, utility availability and site size. These two comparables further narrow the subject’s potential value indication between $18.44/sf and $20.46/sf. Due to the subject’s site size, locational attributes, visibility, proximity to other major commercial and residential developments and overall commercial appeal; we would anticipate a value towards the upper end of this range. CONCLUSIONS Broker Interviews In reconciling a final value estimate for the subject, we have interviewed a total of three real estate professionals active in the subject market. Below are the market value ranges for the subject property provided by market participants. The market value ranges indicated by market participants ranges between $15.00/sf and $25.00/sf. All three market participants have sold properties within the subject’s surrounding area. $/sf to $/sf Participant #1 $18.00 $23.00 Participant #2 $15.00 $18.00 Participant #3 $20.00 $25.00 Taking into consideration the comparables utilized conversations with real estate professionals active in the subject market, current market conditions, the subject’s location, site improvements, site size, access, and utility availability; a value of $20.00/sf or $992,000 (Rounded) is considered prudent. We must also deduct the developers estimated cost of $150,000 to demolish the existing office improvement to arrive at a land value “As though Vacant”. In conversations with the developer, Pacific Companies, in regards to the estimated cost of demolition; their estimate of $150,000 is based on their experience and expertise in redevelopment and the cost of demolition involved with a project of this nature. We have also contacted a local contractor to determine if this estimate is reasonable and were given an estimate of between $130,000 to $150,000 for the cost of demolition therefore; in this case we have made a deduction for the cost of demolition of $150,000 to arrive at a land value “As though Vacant”. The calculation is as follows; Meridian City Council Meeting Agenda October 2, 2018 – Page 512 of 580 SALES COMPARISON APPROACH This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 63 $/sf GBA Calculations Subject Size/sf $/sf Value Indication Subject Parcel 49,606 x $20.00 $992,120 Demolition Cost -$150,000 Total Value Indication "As though Vacant" 49,606 $16.98 $842,120 Based upon physical inspections of the subject property and the subsequent analyses undertaken; and subject to the Standard, Specific (and where applicable, the Extraordinary) Underlying Assumptions and Limiting Conditions set forth in the report, it is our opinion that as of September 23, 2018 the market value of the Fee Simple Estate, land only, “As though Vacant” was: MARKET VALUE OF THE SUBJECT SITE, “AS THOUGH VACANT” (1.07±ACRES): .... $842,000 Meridian City Council Meeting Agenda October 2, 2018 – Page 513 of 580 CERTIFICATE OF APPRAISAL This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 64 C ERTIFICATE OF A PPRAISAL We certify that, to the best of our knowledge and belief: 1. All statements contained in this appraisal report are believed to be true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, impartial, unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report, and we have no personal interest with respect to the parties involved. 4. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. Our compensation for completing this assignment is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan, and therefore our compensation is not contingent upon the closing of a loan. 7. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics of the Appraisal Institute, and the Uniform Standards of Professional Appraisal Practice. 8. The use of this report is subject to the requirements of the Appraisal Institute and the State of Idaho relating to review by its duly authorized representatives. 9. As of the date of this report, Sam Langston, has completed the requirements under the continuing education program of The Appraisal Institute. 10. Sam Langston has made a personal exterior inspection of the property that is the subject of this report. Barry Washburn has made a personal exterior inspection of the property that is the subject of this report. 11. Sam Langston has the necessary level of knowledge and experience to credibly estimate the value of the subject property, or has taken reasonable steps to achieve such competency and to provide a professional appraisal of the subject property, in accordance with the Uniform Standards of Professional Appraisal Practice. 12. Sam Langston is a designated member of the Appraisal Institute and has met the professional license/certification requirements for real estate appraisers practicing in the State of Idaho. He is a State Certified General Appraiser, and has been issued Idaho Certificate No. CGA-195. 13. In the interest of disclosure, Mr. Barry Washburn (Registered Trainee RT#4665) provided significant real property appraisal assistance in the data collection and compilation, report writing and conclusions contained herein. 14. We have not performed services, as an appraiser or in any other capacity, regarding the property that is the subject of this report with the three year period immediately preceding acceptance of this assignment. Meridian City Council Meeting Agenda October 2, 2018 – Page 514 of 580 CERTIFICATE OF APPRAISAL This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 65 15. No one, other than Barry Washburn, provided significant real property appraisal assistance to the persons signing this certification. EXTRAORDINARY ASSUMPTIONS & LIMITING CONDITIONS Site specifications were provided by the Ada County Assessor’s office. Should these representations be amended, or prove to be inaccurate, the value estimates are subject to revision. A Phase 1 Environmental Study has not been provided regarding the site. Upon physical inspection, no evidence of environmental hazards were apparent. The value estimate is predicated on the assumption that there is no such material on the property. Any such environmental risk discovered at a later data may require a revised estimate of value which may or may not be simply a reduction of the value by the estimated cost to cure the environmental condition. Properties known to have environmental risk may carry a stigma in the market place which also may or may not affect the value. We have not been provided with a preliminary title report for the subject property. No easements are known to exist with regard to the subject site, which would adversely affect the parcel. We express no opinion as the scope, applicability, enforceability or other aspect of any covenants or restrictions that may affect the property. Client is advised to seek the opinion of real estate counsel as to any real property covenants or restrictions. It is an extraordinary assumption of this appraisal that there are no easements, deeds, or restrictions that currently exist on the subject that would adversely impact the site. All statements of fact used in the report serving as the basis of the appraiser’s analyses, opinions, and conclusions, are considered to be true and correct to the best of the appraiser’s knowledge and belief. We shall have no responsibility for legal matters; questions of survey; legal description; opinion of title; soil or subsoil conditions; engineering; technical matters, etc. The aforementioned and other relevant issues will be developed fully in the body of the report to follow. A metes and bounds legal description has not been provided for the purpose of this report. It is an extraordinary assumption that the site sizes utilized in this report as reported by the Ada County Assessor’s office are accurate. Idaho is a non-disclosure state and recollection of details and anticipation often fade with time; as such it is not always possible to obtain exact details from a respective transaction. Meridian City Council Meeting Agenda October 2, 2018 – Page 515 of 580 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 5 1 6 o f 5 8 0 ADDENDA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 67 A DDENDA Meridian City Council Meeting Agenda October 2, 2018 – Page 517 of 580 ADDENDA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 68 U NDERLYING A SSUMPTIONS AND L IMITING C ONDITIONS FOR “SUMMARY” A PPRAISAL This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it might not include full discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. Following are standard Underlying Assumptions and Limiting Conditions pertaining to the appraisals produced by L ANGSTON & A SSOCIATES, I NC. Some of the clauses contained herein may not be relevant to a given appraisal problem, such as in the case of a Letter of Opinion, or other form of Limited Appraisal. However, their inclusion in this document does not diminish the relevance of other assumptions and conditions set forth herein. All statements of fact in the appraisal report which are used as the basis of the appraiser’s analyses, opinions and conclusions will be true and correct to the best of L ANGSTON & A SSOCIATES, I NC.'S knowledge and belief. L ANGSTON & A SSOCIATES, I NC. shall have no responsibility for legal matters; questions of survey; opinion of title; soil or subsoil conditions; engineering; technical matters; or hazardous waste substances such as asbestos, radon gas, toxic wastes, or any other substances which might present a health hazard. L ANGSTON & A SSOCIATES, I NC. does not have expertise to advise in any of the foregoing matters and can offer no guarantees regarding them. The appraisal will simply assume, unless otherwise stated in the report, that no problems exist in any of the areas mentioned, and is not valid or to be relied upon if that assumption is incorrect. By this notice, all persons and firms reviewing, utilizing or relying on this report in any manner bind themselves to accept these assumptions and limiting conditions. Do not use this report if you do not so accept. These conditions are a part of the appraisal report. They are a preface to any certification, definition, fact or analysis, and are intended to establish as a matter of record that the appraiser's function is to provide a present market value indication for the subject property based upon the appraiser's observations as to the subject property and real estate market. This appraisal report is an economic study to estimate value as defined in it. It is not an engineering, construction, legal or architectural study nor survey and expertise in these areas, among others, is not implied. The certification of this appraisal report is subject to the following assumptions and limiting conditions: Meridian City Council Meeting Agenda October 2, 2018 – Page 518 of 580 ADDENDA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 69 LIMIT OF LIABILITY The liability of L ANGSTON & A SSOCIATES, I NC. and affiliated independent contractors is limited to the client only. Further there is no accountability, obligation, or liability to any third party. If this report is placed in the hands of anyone other than the client, the client shall make such third party aware of all limiting conditions and assumptions of the assignment and related discussions. The appraiser is in no way responsible for any costs incurred to discover or correct any deficiencies of any type present in the property; physically, financially, and/or legally. In the case of limited partnerships or syndication offerings or stock offerings in real estate, client agrees in the case of lawsuit (brought by lender, partner or part owner in any form of ownership, tenant, or any other party), any and all awards, settlements of any type in such suit, regardless of outcome, that client will hold appraiser completely harmless in any such action. IDENTIFICATION OF THE PROPERTY Any legal description(s) shown herein are presumed to be correct, but have not been confirmed by a survey. The appraiser assumes no responsibility for such a survey, or for encroachments or overlapping that might be revealed thereby. The appraiser renders no opinion of a legal nature, such as to the ownership of the property or condition of title. The appraiser assumes the title to the property to be marketable, that the property is an unencumbered fee, and that the property does not exist in violation of any applicable codes, ordinances, statutes or any other governmental regulations. APPRAISAL DATA AND ANALYSES SUBMITTED The analysis and statements contained in the appraisal are statements of opinion only, and not necessarily the only indication of value or analysis that might be obtained on the subject property. Appraisal opinions by qualified appraisers differ. No warranty or guarantee, express or implied, is made by the appraiser indicating that his opinion represents the only opinion of dollar value which might be obtained by the client on the date of valuation. The appraiser, by rendering his appraisal report, is not offering legal advise or conclusions of law. The client is advised that legal matters concerning the property may have a direct bearing on the value of the property. If such legal matters are different than those assumed by the appraiser and set forth herein, the appraiser's value conclusion may be invalid. Client is advised to retain legal counsel to advise client regarding the effect, if any, of the assumptions, legal or otherwise, made by the appraiser and set forth in these contingent and limiting conditions. Meridian City Council Meeting Agenda October 2, 2018 – Page 519 of 580 ADDENDA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 70 UNAPPARENT CONDITIONS The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil or structures which would render it more or less valuable than otherwise comparable property. The appraiser assumes no responsibility for such conditions, or for engineering which might be required to discover such things. The appraiser assumes no responsibility for adverse drainage conditions. Only visual surface inspection of the property appraised has been made by the appraiser, unless otherwise instructed by the client. The appraiser assumes no liability for damages or losses sustained by the client for latent or non-apparent defects existing on, below, or above the property which may not readily be ascertainable by a visual surface inspection. Nothing in this report should be deemed a certification or guarantee as to the structural and/or mechanical (electrical, heating, air conditioning, and plumbing) soundness of the building(s) and the mechanical systems that relate to the functions and operations of the subject property. Rather, this appraisal assumes functions and operations are satisfactory, consistent with the age and condition of the subject building(s) and associated mechanical systems, unless specifically stated in the report. This report does not preclude or limit any party of interest from obtaining, at its own expense, architectural, engineering or contractor inspections report, certifications, assurances and/or guarantees, which might serve the purposes of technically ascertaining the structural and/or mechanical soundness of the subject property. All such reports received shall be made available to the appraiser. INFORMATION AND DATA The information and data supplied to the appraiser by others, and which have been considered in the valuation, are from sources believed to be reliable, but no further responsibility is assumed for its accuracy. USE OF APPRAISAL The appraisal report may not be used for any purpose except substantiation of the value estimated without written permission from the appraiser. All valuations in the report are applicable only under the stated program of highest and best use and are not necessarily applicable under other programs of use. The valuation of a component part of the property is applicable only as a part of the whole property. No separation may be made of any of the various valuation components without invalidating the results which would be derived by such a separation. Meridian City Council Meeting Agenda October 2, 2018 – Page 520 of 580 ADDENDA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 71 Possession of this report or any copy thereof does not carry with it the right of publication, nor may it be used for other than its intended use; the physical report (s) remain the property of the appraiser for the use of the client, the fee being for the analytical services only. One (or more) of the signatories of this appraisal report is a Member (or Candidate) of the American Institute of Real Estate Appraisers of the National Association of Realtors. The Bylaws and Regulations of the Institute require each member and Candidate to control the use and distribution of each appraisal report signed by such Member of Candidate. Therefore, except as hereinafter provided, the party for whom this appraisal report was prepared may distribute copies of this appraisal report, in its entirety, to such third parties as may be selected by the party for whom this appraisal report was prepared; however, selected portions of this appraisal report shall not be given to third parties without the prior written consent of the signatories of this appraisal report. Further, neither all nor any part of this appraisal report shall be disseminated to the general public by the use of advertising media, public relations media, news media, sales media or other media for public communications without the prior written consent of the signatories of this appraisal report. This appraisal report was obtained from L ANGSTON & A SSOCIATES, I NC., and consists of "trade secrets and commercial or financial information" which is privileged and confidential and exempted from disclosure under 5 U.S.C. 552 (B) (4). Please notify the signatories of the accompanying report of any request for reproduction of the report or any part thereof. SKETCHES AND MAPS The sketches included in the report are only for the purpose of aiding the reader in visualizing the property and are not based on surveys. Sizes and dimensions not shown should not be scaled from the sketches. COURT TESTIMONY Testimony or attendance in court by reason of the appraisal, with reference to the property in question, shall not be required of the appraisers herein named unless arrangements have been made prior to the completion and delivery of the report. Any such appearance and/or preparation for testimony will necessitate additional compensation than that which has been received for this appraisal report. Unless expressly provided for at some future time, the findings contained herein are limited to uses outlined in the "Purpose of the Appraisal" section of the report. Meridian City Council Meeting Agenda October 2, 2018 – Page 521 of 580 ADDENDA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 72 ECONOMICS The values ascribed in this report are based on the present purchasing power of the dollar and on the present economy. The value estimation herein is subject to an all cash purchase consistent with the definition of market value utilized in the report and does not reflect special or favorable financing in today's market unless specifically stated. The estimated market value is subject to change with market changes over time; value is highly related to exposure, time, promotional effort, terms, motivation, and conditions surrounding the offering. The value estimate considers the productivity and relative attractiveness of the property physically and economically in the marketplace. In cases of appraisals involving the capitalization of income benefits, the estimate of market value or investment value or value in use is a reflection of such benefits and the appraiser's interpretation of income and yields and other factors derived from general and specific client and market information. Such estimates are as of the date of the estimate of value; they are thus subject to change, as the market and value are naturally dynamic. The “estimate of market value” in the appraisal report is not based in whole or in part upon the race, color or natural origin of the present owners or occupants of the properties in the vicinity of the property appraised. The appraisal report and value estimate are subject to change if the physical or legal entity or financing are different than that envisioned in this report. ENVIRONMENTAL REQUIREMENTS Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such material on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea formaldehyde foam insulation, petroleum leakage, agricultural chemicals, PCBs, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the expressed assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert is this field, if desired. Meridian City Council Meeting Agenda October 2, 2018 – Page 522 of 580 ADDENDA This report is copyrighted. Any unauthorized use or Meridian City Hall, Meridian reproduction violates federal law and may result in civil LA No. 18.1250o litigation seeking monetary damages and/or injunctive relief. Page No. 73 INCOME PROPERTY APPRAISALS Responsible ownership and competent management are assumed. Data submitted to the appraiser regarding income and expenses is assumed to be accurate unless otherwise stated. This appraisal reflects a value based upon market considerations. It is not represented that the opinion as to value would allow for the replacement of the property in kind if it were destroyed. AMERICANS WITH DISABILITIES ACT The Americans with Disabilities Act (“ADA”) became effective January 26, 1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. Meridian City Council Meeting Agenda October 2, 2018 – Page 523 of 580 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 5 2 4 o f 5 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 5 2 5 o f 5 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 5 2 6 o f 5 8 0 210 WEST JEFFERSON STREET ⋅ BOISE, ID 83702 SAM LANGSTON - QUALIFICATIONS SAM LANGSTON, MAI L ANGSTON & A SSOCIATES, I NC. A R EAL E STATE S ERVICES C ORPORATION 210 W J EFFERSON S TREET ⋅ B OISE, ID 83702 PROFESSIONAL EXPERIENCE Langston & Associates, Inc. 2004 - Present Real Estate Services Corporation Boise, ID Principal: Offering valuation/evaluation, environmental, market research and analysis of commercial and residential properties. Served as President of the Southern Idaho Chapter of Appraisal Institute, 2005 – 2006. - www.slangston.com Langston - Williams, Inc. 1997 – 2004 Real Estate Services Corporation Boise, ID Principal: Offering valuation/evaluation, environmental, market research and analysis of commercial and residential properties. - www.langstonwilliams.com Single Point Solutions 1999 – 2006 GIS Software Corporation Boise, ID Principal: Offering Geospatial services tailored for the Real Estate Industry, including Title, Brokerage, and the Public Sector. SPS also provides Internet and Database Application Development incorporating GIS technology as well as client - side and server - side customized solutions including LandPoint™, LandQuery™ and Title Production Management (TPM™) software. - www.spsgis.com Janoush & Associates 1991 - 1997 A Real Estate Appraisal, Investment and Consulting Firm Boise, ID Associate Appraiser: Completed appraisals and consulting assignments for major in state and out of state financial institutions as well as assignments for the private and public sector. EDUCATION UNIVERSITY OF MISSISSIPPI August 1991 Bachelors in Business Administrations Oxford, MS Majored Real Estate and Finance University of Mississippi Principles of Real Estate University of Mississippi Real Estate Valuation and Appraisal University of Mississippi Real Estate Law August Society of Real Estate Appraisers An Introduction to Income Property Appraising, Course 201 Appraisal Institute Course 101, An Introduction to Appraising Real Property Appraisal Institute Course 1BA, Capitalization Theory & Techniques, Part A Appraisal Institute Course1BB, Capitalization Theory & Techniques, Part B Appraisal Institute Course SPP, Standards of Professional Practice, Part A Appraisal Institute Course SPP, Standards of Professional Practice, Part B Appraisal Institute Course 520, Highest & Best Use and Market Analysis Meridian City Council Meeting Agenda October 2, 2018 – Page 527 of 580 210 WEST JEFFERSON STREET ⋅ BOISE, ID 83702 SAM LANGSTON - QUALIFICATIONS Appraisal Institute Understanding & Reporting Limited Appraisals Appraisal Institute Course 540, Report Writing & Valuation Analysis Appraisal Institute Course 550, Advanced Applications Palmer Groth & Pietka 30 Specialized Appraisal Issues Appraisal Institute/Ted Whitmer The Comprehensive Appraisal Workshop Appraisal Institute/Ted Whitmer The Comprehensive Appraisal Workshop Appraisal Institute/Tom Boyle The Appraisal of Special Purpose Properties Appraisal Institute/Tom Boyle The Appraisal of Local Retail Properties Appraisal Institute State of the Valuation Profession Appraisal Institute Eminent Domain/Idaho Issues Appraisal Institute Standards of Professional Appraisal Practice, Part C Appraisal Institute Standards of Prof Practice, Part C Appraisal Institute State of the Valuation Profession Appraisal Institute Eminent Domain/Idaho Issues Appraisal Institute Intro to GIS Applications for Real Estate Appraisal Appraisal Institute Online Analyzing Operating Expenses Appraisal Institute Committee CE Credit – Chapter Level Appraisal Institute Eminent Domain & Inverse Condemnation Law Seminars International Eminent Domain & Inverse Condemnation Appraisal Institute/James Boykin Land Valuation Assignments Appraisal Institute Advanced Sales Comparison & Cost Approach Appraisal Institute Analyzing Operating Expenses Appraisal Institute Introduction to GIS Appraisal Institute National USPAP Update Course Appraisal Institute Committee CE Credit Appraisal Institute Advanced Income Capitalization Southern Idaho Chapter of AI Seminar Eminent Domain Past, Present & Future Appraisal Institute Evaluating Residential Construction Appraisal Institute Evaluating Commercial Construction Betterbricks Professional Training Green to Green Sustainable Development Appraisal Institute Appraisal of Local Retail Properties Appraisal Institute Special Purpose Properties CCIM Introduction to Commercial Investment Real Estate Analysis CCIM Financial Analysis for Commercial Investment Real Estate Appraisal Institute National USPAP Update Course Appraisal Institute National USPAP Equivalent Course Appraisal Institute Business Practices and Ethics Appraisal Institute Analyzing Distressed Real Estate Appraisal Institute Forum - Foreclosure, Short Sale, Auction Price = Market Value? Appraisal Institute Appraisal Curriculum Overview Appraisal Institute Uniform Appraisal Standards for Federal Land Acquisitions Appraisal Institute National USPAP Equivalent Course Appraisal Institute Supervising Appraisal Trainees Appraisal Institute Fundamentals of Separating Real Property, Personal Property Meridian City Council Meeting Agenda October 2, 2018 – Page 528 of 580 210 WEST JEFFERSON STREET ⋅ BOISE, ID 83702 SAM LANGSTON - QUALIFICATIONS REPRESENTATIVE CLIENTS Washington Trust Bank Bank of the Cascades Wells Fargo Zion’s First National Bank US Bank Idaho Independent Bank D.B. Fitzpatrick Idaho Central Credit Union Intermountain Community Bank Banner Bank Northwest Bank D. L. Evans Bank St. Luke's Colliers Bank of America Bank of the West Mountain West Bank Mountain Enterprises Selco Credit Union Home Federal Bank Idaho First Bank Key Bank Rock Canyon Bank Strategic Operations Umpqua Bank REPRESENTATIVE PROPERTIES & VALUE RANGES OF APPRAISALS PREFORMED Retail $200,000 - $20,000,000 Apartments $100,000 - $12,000,000 Office $100,000 - $16,000,000 Hostelry $500,000 - $5,000,000 Industrial $100,000 - $3,000,000 Farms/Ranches $250,000 - $5,000,000 Condemnation $5,000 - $500,000 Special Purpose $400,000 - $1,300,000 Subdivisions $150,000 - $7,000,000 Recreational $50,000 - $4,000,000 Meridian City Council Meeting Agenda October 2, 2018 – Page 529 of 580 210 WEST JEFFERSON STREET ⋅ BOISE, ID 83702 SAM LANGSTON - QUALIFICATIONS REFERENCES Mr. Dean Emanuels, MAI Washington Trust Bank 717 W Sprague Avenue Spokane, WA 99210 (509) 353-3854 Demanuels@watrust.com Ms. Jennifer Green Bank of the Cascades 888 SW Fifth Ave, Ste 1000 Portland, OR 97204 (503) 499-5920 Jgreen@botc.com Mr. Paul Dovenbarger, SLC Wells Fargo Bank - RETECHS 299 S. Main St, 6th Flr Salt Lake City, UT 84111 (801) 246-1651 Paul.a.dovenbarger@wellsfargo.com Mr. John Romney, MAI Zion’s First National Bank One South Main St, 8th Flr Salt Lake City, UT 84133-1109 (801) 844-7332 John.Romney@Zionsbank.com Mr. John Ingle U.S. Bank 555 SW Oak St, Plaza 4th Floor Portland, OR 97204 (503) 464-4592 John.ingle@usbank.com Ms. Susie O’Ban Idaho Independent Bank 401 W. Front St, Ste 200 Boise, ID 83702 (208) 947-5304 Susie.oban@iibk.net Mr. Tim Higginbotham Washington Trust Bank 717 W. Sprague Ave, 7th Flr Spokane, WA 99210 (509) 353-3854 Thigginbotham@watrust.com Mr. John N. Evans, MAI Intermountain Community Bank 5211 E. Sprague Ave. Spokane Valley, WA 99212 (509) 944-3974 John.evans@intermountainbank.com Meridian City Council Meeting Agenda October 2, 2018 – Page 530 of 580 Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 5 3 1 o f 5 8 0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 5 3 2 o f 5 8 0 MDC RFP OLD CITY HALL STATEMENT: Respondent accepts and agrees with all the terms and provisions of the RFP and any addendum(s) and specifically acknowledges receipt of the following addendum, if any, to the Request for Proposals which addendum have been considered by Respondent in submitting this proposal (if none, state “NONE”): Addendum No. 1 Addendum No. 2 Submitted by, RESPONDENT’S BUSINESS NAME (type or print) By: (signature in ink) Date: Name: (Print) Title: Bus. Address: Phone: Email: Note: If respondent is a corporation, give State of incorporation; if a partnership or joint venture, give full names of all partners or joint venturers. Respondent declares under penalty of perjury that the foregoing is true and correct X X NOVEMBREWHISKY PROPERTIES, LLC JOSHUA EVARTS JULY 25, 2018 MANAGING MEMBER 77 E IDAHO AVE MERIDIAN, ID 83642 208-631-9229 JOSHEVARTS@ME.COM DEV PARTNER - CALEB ROOPE, THE PACIFIC COMPANIES Meridian City Council Meeting Agenda October 2, 2018 – Page 533 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 1 Proposal Cover Sheet Meridian Development Corporation RFP Name of Entities Making the Proposal: The Pacific Companies & Novembrewhisky Properties, LLC Name and Title of Individual Authorized to Act on Behalf of the Individual/Entity and who is signing below: Joshua Evarts Managing Member, Novembrewhisky Properties, LLC Caleb Roope President, The Pacific Companies Our proposal relates to the following subject property or properties (Check those that apply): OLD MERIDIAN CITY HALL 33 E Idaho Ave, Meridian, ID 83642 By signing this Cover Sheet, I understand and agree on behalf of myself, if submitted by an individual, or on behalf of the company/corporation, if submitted by an entity, that this proposal is good for 90 days, that I/we will conduct any negotiations in good faith with MDC and that MDC has the complete discretion whether to select or reject a proposal and/or any alternatives contained therein and accept or reject any agreement prior to the full execution of an agreement resulting from this RFP. Name: Caleb Roope Joshua Evarts Title: President, Pacific Companies Managing Member, NWP, LLC Date: July 25, 2018 July 25, 2018 Signature: Meridian City Council Meeting Agenda October 2, 2018 – Page 534 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 2 July 25, 2018 Meridian Development Corp (MDC) Attn: Ashley Squyres 33 E Broadway Ave Meridian, Idaho 83642 208-477-1632 RE: RFP Response Ms. Squyres, Thank you for the opportunity to present the enclosed RFP response to MDC for the property located at 33 E Idaho Ave, Meridian, ID 83642. As MDC is aware, my wife and I have been working towards this response since 2013. Our journey began with the acquisition of the Heritage Building (77 E Idaho Ave) in 2013 and subsequent restorations and courting of successful, impact tenants over the past 5 years. In 2015, we acquired the Bank of Meridian building (140 E Idaho Ave) and partnered with MDC on its complete restoration. This project resulted in a rich historical asset for our downtown and an Orchid Award from the Idaho Historic Preservation Council in 2017. In 2016, we successfully responded to the RFP solicited by MDC for the development of both 703 and 713 Main Street. That award, and our existing Development Agreement, was the catalyst for the past 2 years of research, partnership building, and planning that has uniquely positioned our team to: • Present a development concept for our downtown that includes: o A mixed-use development project consisting of two buildings that are each four floors high o Total construction of 120,987 s.f. (15,700 s.f. of Retail/Office & 105,287 s.f. of Residential) at a projected investment of $20M o 103 Residential Apartments (55 1-Bedroom Units and 48 2-Bedroom Units) o A parking plan of 105 onsite parking stalls, and an additional 46 spaces optimized for use on Idaho Ave o A development team with the experience and resourcing needed to immediately begin the project and deliver success in less than 24 months with all requisite financing capacity secured Meridian City Council Meeting Agenda October 2, 2018 – Page 535 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 3 It is exciting for our entire team to respond to this RFP and make the case for what will be a ‘catalyst’ project in Downtown Meridian. We propose this project in alignment with Destination Downtown, the MDC Revitalization Plan and the Comprehensive Plan for the City of Meridian. With a shrinking amount of land in our downtown, the ONLY option for true renewal and growth is to go VERTICAL. Mixed use developments, that support ground floor retail and significant residential living on the upper floors, must be pursued to change the dynamics in our downtown as a destination and community for the kinds of businesses and residents that will drive future value for the entire downtown district. Our collective commitment has always been to complete transparency. We intend to present all our budgets (including projected fee) to the City of Meridian for this project. We will ensure the City of Meridian is compensated for a Fair Market Value of the proposed site being offered in this RFP. In a market of increasing construction costs and rapid growth, we want to ensure success for all parties invested in our collective efforts to prosper our City Core. Thank you for all your hard work in making this possible. We look forward to the continued journey! Cordially, Joshua Evarts, Managing Partner Novembrewhisky Properties, LLC 77 E Idaho Ave, Ste 300 Meridian, Idaho 83642 208-631-229 Meridian City Council Meeting Agenda October 2, 2018 – Page 536 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 4 TABLE OF CONTENTS PROJECT NARRATIVE 5 CONCEPT – SITE PLAN 8 PARKING PLAN 10 DEVELOPMENT SPECIFICS 11 SITE PLAN & ILLUSTRATIONS 13 INGRESS/EGRESS FOR VEHICLES AND PEDESTRIANS 13 FINANCIAL ANALYSIS 14 DEVELOPMENT COST SUMMARY 14 FINANCING PLAN 14 SOURCES AND USES TABLE 14 DEVELOPMENT TIMELINE 15 COMPARABLE PROJECTS 16 PACIFIC COMPANIES CURRENT PROJECTS 18 THE TEAM 25 EXHIBIT A - FINANCIAL PRO FORMA 26 EXHIBIT B - ENTERPRISE FINANCIAL OVERVIEW 27 Meridian City Council Meeting Agenda October 2, 2018 – Page 537 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 5 Project Narrative The vision for “Destination: Downtown” focuses on Meridian’s slogan of “Built for Business – Designed for Living”, embodying the community’s character as a sophisticated, family-friendly city in the heart of the Treasure Valley. As urban sprawl and economic development has exploded on Eagle, Overland, Chinden and Ten-Mile Roads, our downtown has lagged behind. We believe this is a direct result of a lack of residential density that would support the kind of 24-7 activity required for us to support mixed commercial activity and the introduction of new restaurants, businesses and specialty retail that will create economic growth in our downtown. This activity also promotes growth and continued economic benefit to existing downtown businesses in the City Core. However, any development or project in our City Core must maintain traditional architectural themes while infilling existing developments and maintaining the character of our downtown. In recognizing the size and complexity associated with the kind of project that needed to be delivered on this site, I brought the Pacific Companies in to lead our Team. With the completion of eight new multifamily housing developments in 2016, the Pacific Companies’ total assets are in excess of $1.39 billion. The company’s portfolio performed very well with overall occupancy of 97% and debt service coverage of 1.40. This made them the ideal choice to partner with for this project. Based on the Downtown Meridian Housing Study, published in 2014, “Downtown Meridian can support up to 488 multifamily and condominium residential units through 2025 (~40 units per year). The current occupancy rates for both types of housing are very high (above 94%) and there are few new projects in the pipeline that will change that occupancy rate significantly. Furthermore, historical and projected population and employment growth yield a continued demand for new housing.” This is consistent with a current existing housing project that the Pacific Companies is developing in Meridian (Prelude at Paramount). While completion is not scheduled until Fall of 2018, they have already secured a waiting list of 100 families and are fielding 60-75 calls per week. These data points support our view that a residential approach to this project is both prudent (fiscally) and strategic for urban renewal of our City Core. Our proposed project accomplishes an increase in downtown housing, while delivering more premium retail spaces that are built for economic growth. This development site encompasses the existing properties at 703 and 713 Main Street in Meridian (currently under a Development Agreement with Novembrewhisky Properties, LLC), and the offered 33 E Idaho Ave site. The project consists of two structure to be built at opposite site corners with requisite parking being programmed and developed in between. This supports the goal of developing a continuous urban edge and encouraging walkability in our City Core. Meridian City Council Meeting Agenda October 2, 2018 – Page 538 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 6 The elevation above is looking at the site from the corner of Main and Broadway. This corner represents the property currently under agreement with MDC and the building in the background would be developed on the City Hall site. The architectural strategy is to provide the visual bridge between the modern new City Hall to the south and the historic Heritage Building to the north. We accomplish this through the use of brick finishes and classic glazing, while offering a more modern corner feature to promote the visual entry into our downtown from the South that is visible from Main Street. Meridian City Council Meeting Agenda October 2, 2018 – Page 539 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 7 Our development team consists of Novembrewhisky Properties, LLC and the Pacific Companies. Their respective value additions and roles are described below: Novembrewhisky Properties, LLC The Pacific Companies Current owner of the Main and Broadway site and Heritage Building that comprises 50% of the existing corners on this development block A privately-held group of firms established to deliver all the real estate specialties including feasibility analysis, development, design, finance, construction, and asset management. Joshua Evarts (Managing Member) serves as the Vice Chairman of the Meridian Historic Preservation Commission (2 years’ experience) and runs three successful businesses based in Downtown Meridian. Responsible for architectural design inputs to maintain historic elements for this project A vertically integrated organization that allows ONE team to manage every aspect of this project; from initial feasibility analysis, to finished product, to ongoing management. Having all necessary disciplines under one roof, we’re able to move with knowledge and agility to create highly-valued outcomes for our stakeholders. Responsible for all related commercial leases and recruiting strategic business into our City Core Year-end portfolio leverage was 60%, which is low in comparison to our peers. As a continued hedge against unforeseen challenges, we again reported unrestricted liquidity in excess of $15 million and more than $75 million in property-level cash and reserves. Responsible for all communication with city partners, downtown business partners, media and prospective commercial leasees Meridian City Council Meeting Agenda October 2, 2018 – Page 540 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 8 Concept – Site Plan This entire block was surveyed by the Pacific Companies in the Fall of 2017 in preparation for this proposal. In conducting this survey, we were able to maximize the footprint of our proposed site plan, including structure, parking and easements. This site plan supports: • A mixed-use development project consisting of two buildings (A&B) that are each four floors high • Total construction of 120,987 s.f. (15,700 s.f. of Retail/Office & 105,287 s.f. of Residential) • 103 Residential Apartments (55 1-Bedroom Units and 48 2-Bedroom Units) • A parking plan of 105 onsite parking stalls, and an additional 46 spaces optimized for use on Idaho Ave (angled parking shown on the north side of the development) Existing easements to all four bordering streets will be maintained in this project to ensure access to all properties on the site. NOTE: Our team has been in contact with both First Interstate Bank (FIB) and the property owners (PO) of the building directly south of the Heritage Building (located in the NE corner of Meridian City Council Meeting Agenda October 2, 2018 – Page 541 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 9 the block). FIB is open to supporting this programming of parking that meets the collective need of the block. We are in ongoing discussions with the PO group to acquire their assets to add to this project. These discussions have become a challenge to a recent death of one of the owners. However, this will not deter us from our proposed project. If we are able to secure these properties prior to construction, we would add a third building (C) to the site plan as reflected below. This would add over 42,000 s.f. to the project and 16 more parking spaces. Meridian City Council Meeting Agenda October 2, 2018 – Page 542 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 10 Parking Plan One of the challenges in developing any downtown block is the existing programmed parking and the balance between building square footage and surface parking. We have a solid plan to program the parking needs as referenced in the Site Plan above. We believe that the parking programmed for is sufficient to meet the needs of all occupants and is a net increase to the site. In conversations with MDC, we are aware of efforts being made to develop a parking site on the UP property across from City Hall on Broadway Avenue. Our team is excited to be involved in these efforts to secure this additional asset in such close proximity to this development site. Meridian City Council Meeting Agenda October 2, 2018 – Page 543 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 11 Development Specifics Our project is designed specifically to address the goals of MDC and urban renewal in our City Core. We accomplish this as follow: MDC Goals Proposed Project Strengthening the economic base of the area and community and stimulating new commercial expansion, employment and economic growth. 15,700 sqft of leasable commercial space that is intimately aligned with the vision of Destination Meridian. Creation of the first mixed-use, high-density, residential living concept in downtown Meridian. Strengthening the tax base by encouraging private development and increasing the assessed values of properties within the district. A projected $20M valued physical property being added to the tax roll for the Ada County Assessor (when land values are added to the valuation) for the entire Site Plan. This translates into a substantial increase in property taxes being collected each year. Eliminating of obsolete building types and inadequate public improvements and facilities. All three existing buildings (on this Site Plan) have exhausted their useful life and must be torn down to accommodate this proposed project. This project will also include any requisite improvements to the existing public facilities. Promoting modern integrated development with appropriate setbacks, parking, and pedestrian and vehicle circulation. Our Site Plan provides sufficient parking to accommodate the proposed commercial parking requirements. Covered parking are included in the design plans for residential units. Providing unity and integrity of design in the district. The proposed design is a modern take on a classic brick construction. We will work closely with MDC during final plan creation to ensure unity. Promoting an improved environment for new commercial and residential developments. This project is a standard for all future downtown renewal projects to follow. Our residential concept provides the thought leadership needed to entice future developers. As referenced in the Site Plan, our project includes two buildings: Building A: Overall s.f. 40,832, 4 Floors, Retail/Commercial on the first floor (5,955 s.f.), 31 Residential Units Building B: Overall s.f. 80,155, 4 Floors, Retail/Commercial on the first floor (8,745 s.f.), 72 Residential Units Meridian City Council Meeting Agenda October 2, 2018 – Page 544 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 12 Building C (OPTION): Overall s.f. 29,796, 4 Floors, Retail/Commercial on the first & second floors (11,337 s.f.) 16 Residential Units Meridian City Council Meeting Agenda October 2, 2018 – Page 545 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 13 Site Plan & Illustrations These have been provided in the sections above. Ingress/Egress for Vehicles and Pedestrians These have been provided in the sections above. There are no material changes in existing ingress/egress for vehicles or pedestrians. Meridian City Council Meeting Agenda October 2, 2018 – Page 546 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 14 Financial Analysis Development Cost Summary We have attached (Exhibit A) a complete Financial Pro Forma for this project. The highlights are: 1. Our Team has valued the land at $12/s.f. for the Old City Hall site. This amounts to $565k paid to the City for this property 2. Our Team requests $460k in funding from MDC towards off-site work, utility relocation, clean-up costs and demo associated with the project. We expect the details of this reimbursement would be outlined in the Development Agreement (and would need to be merged with the existing Development Agreement for the Main & Broadway properties) 3. Total Construction Costs are estimated to be $20,032,441 4. Estimating $130,000 in Annual Property Taxes being generated by this project Financing Plan Pacific Companies’s liquidity and net worth are strong and continue their steady growth trend at over $15 million and $75 million, respectively. Our large portfolio and long-standing relationships with numerous lenders attract the most competitive financing terms available. Since 2010, TPC has guaranteed and repaid well in excess of $500 million in debt. TPC uses its own capital to fund the majority of its predevelopment expenses for its affordable housing pipeline. As of this writing, TPC has approximately $14 million of its own capital invested in predevelopment costs for projects that will begin construction over the next 36 months. TPC occasionally uses bank loans or loans from its private investment funds when early site acquisition or high up-front costs make this a preferential option. We expect to finance the project with conventional bank financing and a combination of sponsor and private equity, all of which would be fully committed before the start of construction. TPC has extensive experience with institutional financing that includes conventional loans, tax- exempt bonds, and low-income housing tax credits, and have raised over $200 million in private debt and equity capital since 2008. Due to our long-standing relationships and large portfolio, we attract competitive financing terms from lenders, investors, and a variety of local sources – including both public and private loans and grants. TPC has posted strong net income for many years, of which the income after tax has been reinvested in TPC’s pipeline of projects on an ongoing basis. The company maintains a significant cash position at all times as a hedge against unforeseen challenges. We have made an Enterprise Financial Overview available as Exhibit B to this proposal. Sources and Uses Table See Exhibit A Meridian City Council Meeting Agenda October 2, 2018 – Page 547 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 15 Development Timeline This preliminary schedule could be impacted by a number of factors, such as timing of the negotiation period, longer than expected design review period, or the ability to transfer the publicly-owned property. At this early stage, we must stress that this schedule is optimistic and that forces outside the control of the development team often impact the schedules of development projects of this scale. Proposed Development Schedule Action / Event Begin End City selects finalist and negotiation of Development Agreement Aug 2018 Sep 2018 Inspect and complete due diligence investigations of the site Sep 2018 Nov 2018 Receive entitlement approvals and acquire property Nov 2019 Feb 2019 Design documents and development Jan 2019 Mar 2019 Demolition of existing structures Mar 2019 Mar 2019 Prepare construction drawings and obtain building permit approvals Mar 2019 May 2019 Close financing Apr 2019 May 2019 Construction period May 2019 Nov 2020 Initial occupancy and lease-up Nov 2020 Feb 2021 Meridian City Council Meeting Agenda October 2, 2018 – Page 548 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 16 Comparable Projects Pacific Companies has produced more than 200 projects consisting of housing, schools, and commercial facilities over its 20 years, and has been recognized several times as a national, “Top 10” developer of affordable housing. Due to our long-standing relationships and large portfolio, we attract competitive financing terms from institutional and private lenders and investors. We maintain a significant cash position at all times as a hedge against unforeseen challenges and redirect most income to our pipeline of projects on an ongoing basis. In addition to bringing a strong resume of development experience, TPC is able to provide the full breadth of development roles in-house: design, development, construction, and ownership/ management. This level of vertical integration gives us the leverage to develop a more cost effective, higher quality, and energy efficient development. Whether our project team is largely comprised of our in-house teams or a variety of partners, our cross-disciplinary skills enhance outcomes. Below are some comparable projects. We are happy to provide additional POC information for these developments based on what aspect of the project MDC would like to inquire about. Project Name/Description Colonial House Oxnard, California Kymberly Horner, Economic Development Director, City of Oxnard (805) 385-7407 | kymberly.horner@oxnard.org Purpose: Mixed Use Residential Units: 44 Commerical Units: 7 commercial condominiums Square Feet: 160,000 (approx) Status: Completed 2014 Colonial House is a mixed-use housing community on N. Oxnard Boulevard (Pacific Coast Highway) near the Oxnard Transit Center. The project includes seven ground floor retail suites and secured podium parking in a California Coastal style. Meridian City Council Meeting Agenda October 2, 2018 – Page 549 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 17 Project Name/Description Eagle Urban Renewal District Projects Eagle, Idaho William Vaughan, Zoning Administrator, City of Eagle (208) 938-3854 x207 | wvaughn@cityofeagle.org Purpose: Mixed Use Units: See breakdown below Square Feet: See breakdown below Status: Under construction, much is complete • Eagle Lakes – Under construction o 250 market rate multifamily apartments o 30 single family homes o 40 townhomes o 15,000 sq. ft. retail/commercial o 35,000 sq. ft. office space • East End Riverside – Under construction o 94,000 sq. ft. retail/commercial o 23,000 sq. ft. office space • East End Marketplace – Under construction o 48 affordable senior apartments - Complete o 75,000 sq. ft. retail/commercial Meridian City Council Meeting Agenda October 2, 2018 – Page 550 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 18 Pacific Companies Current Projects Property Name City St Units Status Development Cost Shandon Park Apartments Rawlins WY 36 Stabilized $3,996,384 Connemara Laramie WY 48 Stabilized $7,419,936 Creekbridge Court Nampa ID 60 Stabilized $4,495,461 Wentworth Apartments Evanston WY 24 Stabilized $2,997,288 Mountainview Apartments Winnemucca NV 42 Stabilized $3,342,510 Stonecreek Apartments West Wendover NV 42 Stabilized $3,625,258 Meadowbrook Apartments Emmett ID 36 Stabilized $2,804,121 San Joaquin Vista Apartments Firebaugh CA 48 Stabilized $4,490,358 Summer Creek Place Oakley CA 80 Stabilized $10,490,256 Sunrise Vista Apartments Waterford CA 56 Stabilized $6,535,803 Meadow Vista Apartments Red Bluff CA 72 Stabilized $8,442,102 Summercreek Place Eureka CA 40 Stabilized $3,833,207 College Hills Phase I Riverton WY 48 Stabilized $7,419,936 Teton View Village Apartments Victor ID 32 Stabilized $2,828,205 The Courtyards at Ridgecrest Nampa ID 60 Stabilized $5,034,828 The Courtyards at Corvallis Corvallis MT 36 Stabilized $3,131,956 Ashton Place Caldwell ID 48 Stabilized $4,265,623 The Courtyards at Pahrump Pahrump NV 60 Stabilized $6,727,961 Creekside Court Apartments Sheridan WY 51 Stabilized $3,889,856 The Courtyards at Sheridan Sheridan WY 60 Stabilized $5,352,782 Palm Terrace Apartments Pahrump NV 64 Stabilized $4,344,796 The Courtyards at Ridgecrest II Nampa ID 54 Stabilized $4,903,627 Summercreek Village Apartments Ukiah CA 64 Stabilized $9,818,201 The Courtyards at Arcata Arcata CA 64 Stabilized $9,126,088 Snow King Apartments Jackson WY 24 Stabilized $4,218,119 Wind River Apartments Douglas WY 42 Stabilized $4,138,811 Carrington Pointe Apartments Rock Springs WY 60 Stabilized $6,317,003 The Foothills Apartments Meridian ID 54 Stabilized $5,114,141 Meadows Senior Village Fortuna CA 40 Stabilized $4,201,960 Meridian City Council Meeting Agenda October 2, 2018 – Page 551 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 19 Property Name City St Units Status Development Cost Park Creek Village Apartments Farmersville CA 48 Stabilized $7,179,081 Park Ridge Apartments Post Falls ID 54 Stabilized $5,197,301 Vista Montana Apartments Las Cruces NM 80 Stabilized $7,598,471 Lakeview Terrace Apartments Clearlake CA 60 Stabilized $9,553,338 College Hills Phase II Riverton WY 32 Stabilized $3,617,515 The Courtyards at Cypress Grove Oakley CA 96 Stabilized $29,596,715 Pinehurst at Flagstaff Flagstaff AZ 84 Stabilized $10,729,317 Aspen Village at Mammoth Creek Mammoth Lakes CA 48 Stabilized $15,071,479 Taylor Park Meadows Taylor AZ 42 Stabilized $5,450,928 Vista Ridge Apartments Red Bluff CA 56 Stabilized $11,108,932 Creekbridge Arboleda King City CA 32 Stabilized $2,800,000 Redwood Village Redway CA 20 Stabilized $4,585,701 Fortuna Family Apartments Fortuna CA 24 Stabilized $6,595,730 Quail Run at River's Edge Elko NV 60 Stabilized $8,352,505 Willow Creek Apartments Willow Creek CA 24 Stabilized $6,471,591 The Courtyards at Arcata II Arcata CA 36 Stabilized $9,705,423 Parkside Court Apartments Woodlake CA 24 Stabilized $5,710,316 The Buttes at Idaho Falls Idaho Falls ID 80 Stabilized $9,806,598 Henness Flats Truckee CA 92 Stabilized $27,631,249 Mammoth Lakes Family Apts II Mammoth Lakes CA 30 Stabilized $10,876,639 Sequoia Village at River's Edge Porterville CA 64 Stabilized $10,383,846 Willow Plaza Apartments Bishop CA 12 Stabilized $4,416,934 Cobre Village Globe AZ 64 Stabilized $9,839,426 Summit Crest Apartments Carson City NV 28 Stabilized $6,267,604 Salado Orchard Apartments Corning CA 48 Stabilized $10,577,301 Chico Courtyards Chico CA 76 Stabilized $18,510,123 Blue Oak Court Apartments Anderson CA 80 Stabilized $16,235,736 Frishman Hollow Apartments Truckee CA 32 Stabilized $14,493,837 Alicante Apartments Huron CA 81 Stabilized $15,773,133 Meridian City Council Meeting Agenda October 2, 2018 – Page 552 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 20 Property Name City St Units Status Development Cost Hillview Ridge Apartments Oroville CA 72 Stabilized $18,901,162 Gateway Village Apartments Farmersville CA 48 Stabilized $13,596,682 The Majestic Apartments Hayward CA 81 Stabilized $14,459,798 Southgate Apartments Carson City NV 148 Stabilized $17,497,845 Gateway Village Apartments II Farmersville CA 16 Stabilized $3,751,228 El Centro Senior Villas II El Centro CA 20 Stabilized $4,614,457 Montgomery Crossing Apartments Lemoore CA 57 Stabilized $15,063,079 Bakersfield Family Apartments Bakersfield CA 80 Stabilized $18,291,740 Springhill Gardens Grass Valley CA 121 Stabilized $15,688,704 Village Grove Apartments Farmersville CA 48 Stabilized $4,013,609 Riverbank Family Apartments Riverbank CA 65 Stabilized $18,094,546 Parkside at Sycamore West Sacramento CA 62 Stabilized $23,215,175 Madera Peak Vista Apartments Globe AZ 60 Stabilized $8,963,757 Mahogany Court Apartments Minden NV 21 Stabilized $5,426,540 Valley Gardens Armona CA 20 Stabilized $5,769,276 Euclid Village Apartments Dinuba CA 57 Stabilized $14,849,739 Palomar Court Farmersville CA 40 Stabilized $7,390,100 East Street Senior Apartments Redding CA 21 Stabilized $5,096,472 Paigewood Village Apartments Orland CA 73 Stabilized $19,562,530 Tierra Vista Apartments Hanford CA 49 Stabilized $11,911,438 Tresor Apartments Salinas CA 81 Stabilized $23,856,482 Orchard Village Apartments Winters CA 74 Stabilized $22,614,808 The Groves at Lindsay Lindsay CA 73 Stabilized $12,211,041 Seasons at Anderson Anderson CA 79 Stabilized $14,253,861 Rancho Hermosa Santa Maria CA 47 Stabilized $21,894,338 Pacifica Apartments Watsonville CA 20 Stabilized $6,615,143 Arvin Square Apartments Arvin CA 51 Stabilized $8,446,550 Altaville Apartments Angels Camp CA 50 Stabilized $6,803,035 Olivehurst Apartments Olivehurst CA 51 Stabilized $8,959,320 Meridian City Council Meeting Agenda October 2, 2018 – Page 553 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 21 Property Name City St Units Status Development Cost Rodeo Drive Meadows Victorville CA 48 Stabilized $12,305,013 Villa Siena Apartments Porterville CA 70 Stabilized $20,393,403 West Trail Apartments Tulare CA 49 Stabilized $13,771,092 Sycamore Family Apartments Arvin CA 49 Stabilized $13,659,954 Washington Court Apartments Gridley CA 57 Stabilized $13,077,531 Aster Place Apartments Eureka CA 40 Stabilized $9,259,090 Amanda Park Apartments Murrieta CA 397 Stabilized $46,955,515 Bidwell Park Apartments Chico CA 38 Stabilized $7,881,439 Hillview Ridge Apartments II Oroville CA 57 Stabilized $14,582,261 Waterford Gardens Apartments Waterford CA 51 Stabilized $9,564,479 Cinnamon Villas Lemoore CA 80 Stabilized $13,194,351 Avila Avenue Apartments Parlier CA 33 Stabilized $10,316,672 Ridgecrest Senior Apartments Ridgecrest CA 32 Stabilized $7,058,329 Terracina Oaks Apartments Greenfield CA 41 Stabilized $11,494,708 The Crossing at North Loop Antelope CA 112 Stabilized $13,188,567 Dolores Lia Apartments Millbrae CA 27 Stabilized $11,456,981 Arborpoint Apartments Madera CA 65 Stabilized $16,532,083 Woodbridge Apartments Merced CA 75 Stabilized $16,543,390 Riverbank Senior Apartments Riverbank CA 20 Stabilized $6,284,779 Paradise Arms Los Angeles CA 43 Stabilized $12,798,518 Cypress Court Lompoc CA 60 Stabilized $12,893,575 Plumas Family Apartments Yuba City CA 15 Stabilized $3,778,910 Sonoma Gardens Santa Rosa CA 60 Stabilized $12,015,926 Mayfair Court Apartments San Jose CA 93 Stabilized $39,855,003 Colonial House Oxnard CA 44 Stabilized $21,850,852 The Aspens Tulare CA 47 Stabilized $10,838,261 Bella Vista Lakeport CA 48 Stabilized $11,033,555 The Orchards on Newcastle Livingston CA 49 Stabilized $13,350,011 Valley Glen Apartments Dixon CA 59 Stabilized $18,474,103 The Aspens at South Lake South Lake Tahoe CA 48 Stabilized $16,549,568 Meridian City Council Meeting Agenda October 2, 2018 – Page 554 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 22 Property Name City St Units Status Development Cost The Grove Apartments Linda CA 49 Stabilized $11,094,173 King's Station Apartments King City CA 57 Stabilized $15,772,653 Williams Senior Apartments Williams CA 48 Stabilized $11,723,080 ILT Charter Student Housing Garland TX 40 Stabilized $7,805,000 Sycamore Family Apartments II Arvin CA 72 Stabilized $18,894,156 Dickinson Meadows Dickinson ND 112 Stabilized $20,679,536 Calden Court Apartments South Gate CA 216 Stabilized $75,101,459 Sun Ray Family Apartments Douglas AZ 57 Stabilized $11,067,215 PATH Villas at Del Rey Los Angeles CA 23 Stabilized $9,401,577 Avery Gardens Apartments Elk Grove CA 64 Stabilized $15,085,115 Icon on Rosecrans Hawthorne CA 127 Stabilized $48,642,276 Third Street Residences San Jose CA 37 Stabilized $13,402,139 Willow Springs Senior Willows CA 49 Stabilized $9,349,700 Harbour View Senior Richmond CA 62 Stabilized $16,920,419 The Village at Henderson Porterville CA 168 Sold $21,492,174 Magnolia Place Senior Apartments Greenfield CA 32 Stabilized $7,142,316 Sanger Crossing Sanger CA 45 Stabilized $9,340,959 6th Street Lofts Long Beach CA 30 Sold $6,569,000 Centennial Place Hanford CA 176 Stabilized $25,805,379 Newcomb Court Porterville CA 80 Stabilized $14,490,083 Avila Avenue Apartments II Parlier CA 24 Stabilized $6,124,043 Carlow Senior Apartments Rexburg ID 48 Stabilized $8,151,502 Parkside Apartments Post Falls ID 24 Stabilized $3,172,816 Casas de Esperanza Douglas AZ 50 Stabilized $8,464,699 Arroyo Del Camino Avenal CA 41 Stabilized $9,638,257 Kristen Court Live Oak CA 56 Stabilized $14,745,504 Terracina Oaks Apartments II Greenfield CA 48 Stabilized $11,699,090 Valle del Sol Coalinga CA 40 Stabilized $7,449,793 Belmont Family Exeter CA 25 Stabilized $6,130,561 Malan Street Brawley CA 41 Stabilized $11,533,855 Riverbank Central Riverbank CA 72 Stabilized $18,471,147 Meridian City Council Meeting Agenda October 2, 2018 – Page 555 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 23 Property Name City St Units Status Development Cost Vista Rose Senior Wasilla AK 42 Lease-Up $8,954,307 Alexander Station Gilroy CA 263 Construction $101,215,348 21 & 23 Nevin Richmond CA 289 Construction $66,239,744 Vista de Oro Hollister CA 80 Construction $28,737,000 Cherry Street Lofts Bridgeport CT 157 Construction $54,384,783 Gateway Station Oxnard CA 240 Construction $108,035,825 Kinsale Place Lewiston ID 36 Construction $7,125,847 Harvest Park Gilroy CA 98 Construction $43,783,392 Stoneman Pittsburg CA 230 Construction $98,623,194 Stony Creek II Williams CA 32 Construction $9,826,913 Middleton Place Huntington Park CA 20 Construction $9,348,939 Vista Rose Senior II Wasilla AK 42 Construction $7,621,333 Bow Street Apts I Elk Grove CA 50 Construction $15,575,796 Bow Street Apts II Elk Grove CA 48 Construction $11,551,898 PATH Eucalyptus Villas Inglewood CA 40 Construction $15,465,786 Healdsburg Glen Healdsburg CA 20 Construction $10,479,697 Brunswick Street Daly City CA 206 Construction $92,082,952 New Path Community Housing Boise ID 41 Construction $7,533,047 Cottonwood Meadows Eagle ID 48 Construction $9,305,277 Prelude at Paramount Meridian ID 272 Construction $43,387,000 Bella Terra Anchorage AK 32 Construction $5,500,000 Eagle Lakes Eagle ID 250 Construction $46,472,000 Napa Courtyards Napa CA 20 InDev $8,176,685 Adare Manor Boise ID 134 InDev $27,229,431 Las Brisas Caldwell ID 48 InDev $9,591,681 Kenolio Apartments Maui HI 186 InDev $85,449,680 Martin Street Lakeport CA 24 InDev $8,691,458 First Point I Santa Ana CA 346 InDev $153,172,622 First Point II Santa Ana CA 206 InDev $98,236,515 Villa Court Santa Ana CA 418 InDev $147,594,669 International Station Oakland CA 324 InDev $113,179,623 Meridian City Council Meeting Agenda October 2, 2018 – Page 556 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 24 Property Name City St Units Status Development Cost Parkside at Vast Oak Rohnert Park CA 218 InDev $81,955,117 Garden Brook Senior Village Garden Grove CA 400 InDev $140,128,598 Village at Burlingame Burlingame CA 132 InDev $84,361,190 Malan Street II Brawley CA 40 InDev $14,400,000 Magnolia Senior Apartments II Greenfield CA 32 InDev $8,300,000 Cinnamon Villas II Lemoore CA 28 InDev $5,700,000 Vine Creek Temecula CA 60 InDev $19,425,847 Parkway Apartments Folsom CA 72 InDev $20,000,000 Kristen Court II Live Oak CA 24 InDev $7,431,484 Arroyo Del Camino II Avenal CA 36 InDev $8,973,423 Bella Vista Phase I Anchorage AK 104 InDev $19,743,094 SUBTOTAL 13,945 $3,608,564,591 Meridian City Council Meeting Agenda October 2, 2018 – Page 557 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 25 The Team The key leadership for this project is as follows: Joshua Evarts Managing Member, Novembrewhisky Properties, LLC Responsible for architectural design inputs to maintain historic elements for this project. Responsible for all related commercial leases and recruiting strategic business into our City Core. Caleb Roope President and Chief Executive Officer, The Pacific Companies Mr. Roope leads both the development and construction divisions of TPC. He will provide financial analysis, represent TPC throughout design and construction, and oversee project execution. Melinda Rex Chief Operating Officer, The Pacific Companies Ms. Rex will be responsible for sourcing and closing all debt and equity financing for both the housing and commercial components. Chris Grant Project Manager, The Pacific Companies Mr. Grant will manage and coordinate the entitlement, building permit, and construction phases of the project. He will be the central point of coordination across city requirements, programmatic needs, and the construction team. Meridian City Council Meeting Agenda October 2, 2018 – Page 558 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 26 Exhibit A - Financial Pro Forma Meridian City Council Meeting Agenda October 2, 2018 – Page 559 of 580 208.461.3267 fax calebr@tpchousing.com The Pacific Companies 430 East State Street, Suite 100 Eagle, ID 83616 208.461.0022 x 3015 Caleb Roope Idaho & Main Mixed Use A 103-Unit Housing Development with Retail / Office Meridian, ID Financial Pro Forma Rev. 7/19/18 Prepared By: Meridian City Council Meeting Agenda October 2, 2018 – Page 560 of 580 Rev. 7/19/18 DEVELOPMENT BUDGET Idaho & Main Mixed Use Meridian, ID Project Cost Per Cost Per Depreciable Costs Unit Res. Sq. Ft. Basis Total Land Costs 565,000$ 5,485$ 4.67$ XXXXXXXXXX Total Acquisition Costs -$ -$ - $ -$ New Construction and/or Rehabilitation Off-Site Work / Utility Relocation 310,000$ 3,010$ 2.56$ 310,000$ Demolition Cost 150,000$ 1,456$ 1.24$ -$ On Site Work 1,030,000$ 10,000$ 8.51$ 1,030,000$ Structures 11,968,700$ 116,201$ 98.93$ 11,968,700$ General Requirements 403,761$ 3,920$ 3.34$ 403,761$ Contractor Overhead 269,174$ 2,613$ 2.22$ 269,174$ Contractor Profit 672,935$ 6,533$ 5.56$ 672,935$ Construction Contingency 900,000$ 8,738$ 7.44$ 900,000$ Total Construction Costs 15,704,570$ 152,472$ 129.80$ 15,554,570$ Financing Costs Lender Loan Interest 500,000$ 4,854$ 4.13$ 500,000$ Lender Loan Fee 87,000$ 845$ 0.72$ 87,000$ Lender Costs (Legal, Etc.)80,000$ 777$ 0.66$ 80,000$ FHA MIP -$ -$ - $ -$ FHA Application & Inspection Fee -$ -$ - $ -$ MAP Lender Financing Fee -$ -$ - $ XXXXXXXXXX Tax Credit Fees -$ -$ - $ XXXXXXXXXX Bond Counsel -$ -$ - $ XXXXXXXXXX Other Financing Costs -$ -$ - $ XXXXXXXXXX Total Financing Costs 667,000$ 6,476$ 5.51$ 667,000$ Soft Costs Architectural 300,000$ 2,913$ 2.48$ 300,000$ Engineering/Surveying/Environmental 120,000$ 1,165$ 0.99$ 120,000$ Taxes During Construction 80,000$ 777$ 0.66$ 80,000$ Insurance (Builder's Risk, GL)235,600$ 2,287$ 1.95$ 235,600$ Title & Recording 50,000$ 485$ 0.41$ 50,000$ Borrower Attorney 50,000$ 485$ 0.41$ 50,000$ Appraisal 10,000$ 97$ 0.08$ 10,000$ Local Tap, Building Permit, & Impact Fees 1,087,000$ 10,553$ 8.98$ 1,087,000$ Marketing 100,000$ 971$ 0.83$ XXXXXXXXXX Relocation Costs -$ -$ - $ XXXXXXXXXX Furnishings 40,000$ 388$ 0.33$ 40,000$ Accounting 10,000$ 97$ 0.08$ 10,000$ Market Study 10,000$ 97$ 0.08$ 10,000$ Soft Cost Contingency 50,000$ 485$ 0.41$ 50,000$ Developer Fee 365,000$ 3,544$ 3.02$ 365,000$ Consultant Fee -$ -$ - $ -$ Total Soft Costs 2,507,600$ 24,346$ 20.73$ 2,407,600$ Reserves Lease-Up Interest 250,000$ 2,427$ 2.07$ XXXXXXXXXX Operating Deficit Reserve (3 Months)338,271$ 3,284$ 2.80$ XXXXXXXXXX Total Reserve Costs 588,271$ 5,711$ 4.86$ XXXXXXXXXX Totals 20,032,441$ 194,490$ 165.58$ 18,629,170$ Meridian City Council Meeting Agenda October 2, 2018 – Page 561 of 580 Rev. 7/19/18 Sponsor Equity 7,482,441$ Sponsor Equity 7,482,441$ MDC Contribution 460,000$ Construction to Permanent Loan 11,600,000$ NOI During Stabilization 490,000$ MDC Contribution 460,000$ Other -$ NOI During Stabilization 490,000$ Other -$ Other -$ Other -$ Other -$ Deferred Costs -$ Other -$ Deferred Contractor Profit -$ Other -$ Deferred Developer Fee -$ Other -$ Construction Loan 11,600,000$ Other -$ Total Sources of Funds 20,032,441$ Total Sources of Funds 20,032,441$ Total Land Costs 565,000$ Total Land Costs 565,000$ Total Acquisition Costs -$ Total Acquisition Costs -$ New Construction and/or Rehabilitation 14,804,570$ New Construction and/or Rehabilitation 14,804,570$ Construction Contingency 900,000$ Construction Contingency 900,000$ Financing Costs 667,000$ Financing Costs 667,000$ Architecture & Engineering 420,000$ Architecture & Engineering 420,000$ Other Soft Costs 1,672,600$ Other Soft Costs 1,672,600$ Developer Fees 365,000$ Developer Fees 365,000$ Soft Cost Contingency 50,000$ Soft Cost Contingency 50,000$ Reserves 588,271$ Reserves 588,271$ Total Uses of Funds 20,032,441$ Total Uses of Funds 20,032,441$ Uses of Funds Uses of Funds SOURCES & USES Idaho & Main Mixed Use Meridian, ID CONSTRUCTION PHASE PERMANENT PHASE Sources of FundsSources of Funds Meridian City Council Meeting Agenda October 2, 2018 – Page 562 of 580 OPERATING & LOAN DETAILS Project: Idaho & Main Mixed Use Location: Meridian, ID Rev. 7/19/18 AMI Number Avg. Unit Gross Utility Net Monthly Annual Type Rent Level of Units Sq. Ft. Rent Allowance Rent Totals Totals 1BR/1BA 0% 0 0000 0 0 1BR/1BA 0% 0 0000 0 0 1BR/1BA 0% 0 0000 0 0 1BR/1BA Market 48 700 990 0 990 47,520 570,240 2BR/1BA 0%0 0000 0 0 2BR/1BA 0%0 0000 0 0 2BR/1BA 0%0 0000 0 0 2BR/1BA Market 54 900 1,160 0 1,160 62,640 751,680 3BR/2BA 0%0 0000 0 0 3BR/2BA 0%0 0000 0 0 3BR/2BA 0%0 0000 0 0 3BR/2BA Market 0 0000 0 0 4BR/2BA 0%0 0000 0 0 4BR/2BA 0%0 0000 0 0 4BR/2BA 0%0 0000 0 0 4BR/2BA Market 0 0000 0 0 2BR/1BA Manager's 10 0 0 00 0 Total Units & Sq. Ft.103 82,200 % of Sq. Ft. % of Units 110,160$ 1,321,920$ Common Area / Retail / Office 38,787 Affordable Affordable Total Project Sq. Ft.120,987 0.00% 0.97% Total Annual Rental Income 1,321,920$ Operating Deficit Guarantee 10% of Perm.1,160,000$ Other Income Year 1 Op. Exp.540,750$ Laundry, Tenant Charges, Etc. / Unit / Year 300$ 30,900$ Guarantee 1,160,000$ Retail / Office Space NNN In come (15,700 sf x $18) 282,600$ Total Annual Other Income 313,500$ Replacement Reserves Total Annual Potential Gross Income 1,635,420$ Standard/Unit 250$ Vacany & Collection Loss 7%(114,479)$ Other Min/Unit 500$ Reserve / Unit 250$ Annual Effective Gross Income 1,520,941$ Project Unit Mix Unit Type Number % of Total 1 Bdrm./1 Bath. 48 46.60% 2 Bdrm./1 Bath. 55 53.40% 3 Bdrm./2 Bath. 0 0.00% 4 Bdrm./2 Bath. 0 0.00% Totals 103 100.00% Meridian City Council Meeting Agenda October 2, 2018 – Page 563 of 580 OPERATING & LOAN DETAILS (continued) ANNUAL EXPENSES % of Annual % of Total EGI Operating Exp. Per Unit Total Real Estate Taxes & Special Assessments 8.56% 24.08% 1,264.00$ 130,200$ Other Taxes 0.11% 0.30% 16.00$ 1,600$ Insurance 1.35% 3.81% 200.00$ 20,600$ Licenses 0.02% 0.06% 3.00$ 350$ Fuel & Gas 0.09%0.25%13.00$ 1,300$ Electricity 1.42%4.00%210.00$ 21,600$ Water & Sewer 3.56%10.00%525.00$ 54,100$ Trash Removal 1.60%4.50%236.00$ 24,300$ Pest Control 0.10% 0.28% 15.00$ 1,500$ Building & Maintenance Repairs 2.85%8.00%420.00$ 43,300$ Building & Maintenance Supplies 1.42%4.00%210.00$ 21,600$ Supportive Services 0.00% 0.00% -$ -$ Annual Issuer & Trustee Fees 0.00% 0.00% -$ -$ Gardening & Landscaping 1.78%5.00%263.00$ 27,100$ Management Fee 4.00%8.93% 469.00$ 48,300$ On-Site Manager(s) 3.25% 9.14% 480.00$ 49,440$ Other Payroll 1.42%4.00%210.00$ 21,600$ Manager's Unit Expense 0.00% 0.00% -$ -$ Cleaning Supplies 0.36%1.00%53.00$ 5,500$ Benefits 0.13% 0.37% 19.00$ 2,000$ Payroll Taxes & Work Comp 1.07% 3.01% 158.00$ 16,300$ Advertising 0.36%1.00%53.00$ 5,500$ Telephone 0.10% 0.28% 15.00$ 1,500$ Legal & Accounting 0.39% 1.11% 58.00$ 6,000$ Operating Reserves 0.00% 0.00% -$ -$ Office Supplies & Expense 0.10% 0.28% 15.00$ 1,500$ Miscellaneous Administrative 0.64% 1.84% 95.00$ 9,810$ Replacement Reserves 1.69% 4.76% 250.00$ 25,750$ Annual Expenses - Per Unit & Total 5,250$ 540,750$ Annual Net Operating Income - Per Unit & Total 9,516$ 980,191$ PERMANENT FIRST MORTGAGE ANALYSIS LTV Restricted Loan Amounts DSC Ratio Restricted Loan Amounts Cap Rate 5.500% 6.000% 6.500%** **Fixed Loan Loan-To-Value Restriction 80% 80% 80%** **Amount Debt Service Coverage 0.98 1.07 1.16 1.25 1.20 1.21 Loan Amount 14,257,324$ 13,069,213$ 12,063,889$ 11,197,585$ 11,664,151$ 11,600,000$ Constant ** ** **0.070029 0.070029 0.070029 Interest Rate 5.750%5.750% 5.750% 5.750% 5.750% 5.750% Amortization Period in Years 30 30 30 30 30 30 Annual Debt Service 998,422$ 915,221$ 844,819$ 784,153$ 816,826$ 812,333$ Annual Cash Flow (18,231)$ 64,970$ 135,372$ 196,038$ 163,365$ 167,858$ Loan Selection x Meridian City Council Meeting Agenda October 2, 2018 – Page 564 of 580 Idaho & Main Mixed Use Meridian, ID Rev. 7/19/18 Multi-Year Stabilized Operating Pro-Forma Net Rent / No. of Annual Year Year Year Year Year RENTAL INCOME % AMI Unit - Year 1 Units Increase 123 4 5 1BR/1BA 0%0 0 2.5%- - - - - 1BR/1BA 0%0 0 2.5%- - - - - 1BR/1BA 0%0 0 2.5%- - - - - 1BR/1BA Market 990 48 2.5% 570,240 584,496 599,108 614,086 629,438 2BR/1BA 0%0 0 2.5%- - - - - 2BR/1BA 0%0 0 2.5%- - - - - 2BR/1BA 0%0 0 2.5%- - - - - 2BR/1BA Market 1,160 54 2.5% 751,680 770,472 789,734 809,477 829,714 3BR/2BA 0%0 0 2.5%- - - - - 3BR/2BA 0%0 0 2.5%- - - - - 3BR/2BA 0%0 0 2.5%- - - - - 3BR/2BA Market 0 0 2.5%- - - - - 4BR/2BA 0%0 0 2.5%- - - - - 4BR/2BA 0%0 0 2.5%- - - - - 4BR/2BA 0%0 0 2.5%- - - - - 4BR/2BA Market 0 0 2.5%- - - - - 2BR/1BA Manager's 0 1 2.5%- - - - - TOTAL RENTAL INCOME 103 1,321,920 1,354,968 1,388,842 1,423,563 1,459,152 OTHER INCOME Units Incr./Yr. Year-1 Year-2 Year-3 Year-4 Year-5 Laundry, Tenant Charges, Etc. / Unit / Year 103 2.5%30,900 31,673 32,464 33,276 34,108 Retail / Office Space NNN Income (15,700 sf x $18)103 2.5% 282,600 289,665 296,907 304,329 311,938 TOTAL OTHER INCOME 313,500 321,338 329,371 337,605 346,045 TOTAL INCOME 1,635,420 1,676,306 1,718,213 1,761,168 1,805,198 Less Vacancy Allowance 7% (114,479) (117,341) (120,275) (123,282) (126,364) GROSS INCOME 1,520,941 1,558,965 1,597,938 1,637,886 1,678,834 OPERATING EXPENSES Per Unit - Yr. 1 %EGI Incr./Yr. Year-1 Year-2 Year-3 Year-4 Year-5 Real Estate Taxes & Special Assessments 1,264$ 8.6%2.0%130,200 132,804 135,460 138,169 140,933 Other Taxes 16$ 0.1%3.5%1,600 1,656 1,714 1,774 1,836 Insurance 200$ 1.4% 3.5% 20,600 21,321 22,067 22,840 23,639 Licenses 3$ 0.0% 3.5%350 362 375 388 402 Fuel & Gas 13$ 0.1% 3.5% 1,300 1,346 1,393 1,441 1,492 Electricity 210$ 1.4% 3.5% 21,600 22,356 23,138 23,948 24,786 Water & Sewer 525$ 3.6% 3.5% 54,100 55,994 57,953 59,982 62,081 Trash Removal 236$ 1.6% 3.5% 24,300 25,151 26,031 26,942 27,885 Pest Control 15$ 0.1% 3.5% 1,500 1,553 1,607 1,663 1,721 Building & Maintenance Repairs 420$ 2.8% 3.5% 43,300 44,816 46,384 48,007 49,688 Building & Maintenance Supplies 210$ 1.4% 3.5% 21,600 22,356 23,138 23,948 24,786 Supportive Services -$ 0.0% 3.5%- - - - - Annual Issuer & Trustee Fees -$ 0.0% 3.5%- - - - - Gardening & Landscaping 263$ 1.8% 3.5% 27,100 28,049 29,030 30,046 31,098 Management Fee 469$ 3.2% 3.5% 48,300 49,991 51,740 53,551 55,425 On-Site Manager(s)480$ 3.3% 3.5% 49,440 51,170 52,961 54,815 56,734 Other Payroll 210$ 1.4% 3.5% 21,600 22,356 23,138 23,948 24,786 Manager's Unit Expense -$ 0.0% 3.5%- - - - - Cleaning Supplies 53$ 0.4% 3.5% 5,500 5,693 5,892 6,098 6,311 Benefits 19$ 0.1% 3.5% 2,000 2,070 2,142 2,217 2,295 Payroll Taxes & Work Comp 158$ 1.1% 3.5% 16,300 16,871 17,461 18,072 18,705 Advertising 53$ 0.4% 3.5% 5,500 5,693 5,892 6,098 6,311 Telephone 15$ 0.1% 3.5% 1,500 1,553 1,607 1,663 1,721 Legal & Accounting 58$ 0.4% 3.5% 6,000 6,210 6,427 6,652 6,885 Office Supplies & Expense 15$ 0.1% 3.5% 1,500 1,553 1,607 1,663 1,721 Miscellaneous Administrative 95$ 0.6% 3.5% 9,810 10,153 10,509 10,877 11,257 TOTAL OPERATING EXPENSES 5,000$ 515,000 531,072 547,667 564,804 582,500 Replacement Reserves 250$ 0.0%25,750 25,750 25,750 25,750 25,750 Operating Reserves -$ 0.0%- - - - - TOTAL EXPENSES & RESERVES 5,250$ 540,750 556,822 573,417 590,554 608,250 CASH FLOW AVAILABLE FOR DEBT SERVICE 980,191 1,002,143 1,024,521 1,047,333 1,070,584 DEBT SERVICE & OTHER DISTRIBUTIONS Loan Amount Year-1 Year-2 Year-3 Year-4 Year-5 Construction to Permanent Loan Hard 11,600,000$ 812,333 812,333 812,333 812,333 812,333 Other Soft -$ - - - - - Other Soft -$ - - - - - Other Soft -$ - - - - - Other Soft -$ - - - - - Other Soft -$ - - - - - Other Soft -$ - - - - - Other Soft -$ - - - - - ANNUAL NET CASH FLOW 167,858 189,809 212,187 234,999 258,251 Debt Service Coverage Ratio on Hard Debt 1.21 1.23 1.26 1.29 1.32 Meridian City Council Meeting Agenda October 2, 2018 – Page 565 of 580 Idaho & Main Mixed Use Meridian, ID Multi-Year Stabilized Operating Pro-Forma Net Rent / No. of Annual RENTAL INCOME % AMI Unit - Year 1 Units Increase 1BR/1BA 0%0 0 2.5% 1BR/1BA 0%0 0 2.5% 1BR/1BA 0%0 0 2.5% 1BR/1BA Market 990 48 2.5% 2BR/1BA 0%0 0 2.5% 2BR/1BA 0%0 0 2.5% 2BR/1BA 0%0 0 2.5% 2BR/1BA Market 1,160 54 2.5% 3BR/2BA 0%0 0 2.5% 3BR/2BA 0%0 0 2.5% 3BR/2BA 0%0 0 2.5% 3BR/2BA Market 0 0 2.5% 4BR/2BA 0%0 0 2.5% 4BR/2BA 0%0 0 2.5% 4BR/2BA 0%0 0 2.5% 4BR/2BA Market 0 0 2.5% 2BR/1BA Manager's 0 1 2.5% TOTAL RENTAL INCOME 103 OTHER INCOME Units Incr./Yr. Laundry, Tenant Charges, Etc. / Unit / Year 103 2.5% Retail / Office Space NNN Income (15,700 sf x $18)103 2.5% TOTAL OTHER INCOME TOTAL INCOME Less Vacancy Allowance 7% GROSS INCOME OPERATING EXPENSES Per Unit - Yr. 1 %EGI Incr./Yr. Real Estate Taxes & Special Assessments 1,264$ 8.6%2.0% Other Taxes 16$ 0.1%3.5% Insurance 200$ 1.4% 3.5% Licenses 3$ 0.0% 3.5% Fuel & Gas 13$ 0.1% 3.5% Electricity 210$ 1.4% 3.5% Water & Sewer 525$ 3.6% 3.5% Trash Removal 236$ 1.6% 3.5% Pest Control 15$ 0.1% 3.5% Building & Maintenance Repairs 420$ 2.8% 3.5% Building & Maintenance Supplies 210$ 1.4% 3.5% Supportive Services -$ 0.0% 3.5% Annual Issuer & Trustee Fees -$ 0.0% 3.5% Gardening & Landscaping 263$ 1.8% 3.5% Management Fee 469$ 3.2% 3.5% On-Site Manager(s)480$ 3.3% 3.5% Other Payroll 210$ 1.4% 3.5% Manager's Unit Expense -$ 0.0% 3.5% Cleaning Supplies 53$ 0.4% 3.5% Benefits 19$ 0.1% 3.5% Payroll Taxes & Work Comp 158$ 1.1% 3.5% Advertising 53$ 0.4% 3.5% Telephone 15$ 0.1% 3.5% Legal & Accounting 58$ 0.4% 3.5% Office Supplies & Expense 15$ 0.1% 3.5% Miscellaneous Administrative 95$ 0.6% 3.5% TOTAL OPERATING EXPENSES 5,000$ Replacement Reserves 250$ 0.0% Operating Reserves -$ 0.0% TOTAL EXPENSES & RESERVES 5,250$ CASH FLOW AVAILABLE FOR DEBT SERVICE DEBT SERVICE & OTHER DISTRIBUTIONS Loan Amount Construction to Permanent Loan Hard 11,600,000$ Other Soft -$ Other Soft -$ Other Soft -$ Other Soft -$ Other Soft -$ Other Soft -$ Other Soft -$ ANNUAL NET CASH FLOW Debt Service Coverage Ratio on Hard Debt Year Year Year Year Year 6789 10 - - - - - - - - - - - - - - - 645,174 661,304 677,836 694,782 712,152 - - - - - - - - - - - - - - - 850,457 871,718 893,511 915,849 938,745 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,495,631 1,533,022 1,571,347 1,610,631 1,650,897 Year-6 Year-7 Year-8 Year-9 Year-10 34,961 35,835 36,730 37,649 38,590 319,736 327,729 335,923 344,321 352,929 354,696 363,564 372,653 381,969 391,519 1,850,328 1,896,586 1,944,000 1,992,600 2,042,415 (129,523) (132,761) (136,080) (139,482) (142,969) 1,720,805 1,763,825 1,807,920 1,853,118 1,899,446 Year-6 Year-7 Year-8 Year-9 Year-10 143,751 146,626 149,559 152,550 155,601 1,900 1,967 2,036 2,107 2,181 24,466 25,323 26,209 27,126 28,076 416 430 445 461 477 1,544 1,598 1,654 1,712 1,772 25,654 26,552 27,481 28,443 29,439 64,254 66,503 68,830 71,239 73,733 28,861 29,871 30,916 31,998 33,118 1,782 1,844 1,908 1,975 2,044 51,427 53,227 55,090 57,018 59,013 25,654 26,552 27,481 28,443 29,439 - - - - - - - - - - 32,186 33,313 34,479 35,686 36,935 57,365 59,373 61,451 63,602 65,828 58,719 60,774 62,901 65,103 67,382 25,654 26,552 27,481 28,443 29,439 - - - - - 6,532 6,761 6,998 7,242 7,496 2,375 2,459 2,545 2,634 2,726 19,359 20,037 20,738 21,464 22,215 6,532 6,761 6,998 7,242 7,496 1,782 1,844 1,908 1,975 2,044 7,126 7,376 7,634 7,901 8,177 1,782 1,844 1,908 1,975 2,044 11,651 12,059 12,481 12,918 13,370 600,773 619,644 639,132 659,258 680,044 25,750 25,750 25,750 25,750 25,750 - - - - - 626,523 645,394 664,882 685,008 705,794 1,094,282 1,118,431 1,143,039 1,168,110 1,193,653 Year-6 Year-7 Year-8 Year-9 Year-10 812,333 812,333 812,333 812,333 812,333 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 281,948 306,098 330,705 355,777 381,319 1.35 1.38 1.41 1.44 1.47 Meridian City Council Meeting Agenda October 2, 2018 – Page 566 of 580 Idaho & Main Mixed Use Meridian, ID Multi-Year Stabilized Operating Pro-Forma Net Rent / No. of Annual RENTAL INCOME % AMI Unit - Year 1 Units Increase 1BR/1BA 0%0 0 2.5% 1BR/1BA 0%0 0 2.5% 1BR/1BA 0%0 0 2.5% 1BR/1BA Market 990 48 2.5% 2BR/1BA 0%0 0 2.5% 2BR/1BA 0%0 0 2.5% 2BR/1BA 0%0 0 2.5% 2BR/1BA Market 1,160 54 2.5% 3BR/2BA 0%0 0 2.5% 3BR/2BA 0%0 0 2.5% 3BR/2BA 0%0 0 2.5% 3BR/2BA Market 0 0 2.5% 4BR/2BA 0%0 0 2.5% 4BR/2BA 0%0 0 2.5% 4BR/2BA 0%0 0 2.5% 4BR/2BA Market 0 0 2.5% 2BR/1BA Manager's 0 1 2.5% TOTAL RENTAL INCOME 103 OTHER INCOME Units Incr./Yr. Laundry, Tenant Charges, Etc. / Unit / Year 103 2.5% Retail / Office Space NNN Income (15,700 sf x $18)103 2.5% TOTAL OTHER INCOME TOTAL INCOME Less Vacancy Allowance 7% GROSS INCOME OPERATING EXPENSES Per Unit - Yr. 1 %EGI Incr./Yr. Real Estate Taxes & Special Assessments 1,264$ 8.6%2.0% Other Taxes 16$ 0.1%3.5% Insurance 200$ 1.4% 3.5% Licenses 3$ 0.0% 3.5% Fuel & Gas 13$ 0.1% 3.5% Electricity 210$ 1.4% 3.5% Water & Sewer 525$ 3.6% 3.5% Trash Removal 236$ 1.6% 3.5% Pest Control 15$ 0.1% 3.5% Building & Maintenance Repairs 420$ 2.8% 3.5% Building & Maintenance Supplies 210$ 1.4% 3.5% Supportive Services -$ 0.0% 3.5% Annual Issuer & Trustee Fees -$ 0.0% 3.5% Gardening & Landscaping 263$ 1.8% 3.5% Management Fee 469$ 3.2% 3.5% On-Site Manager(s)480$ 3.3% 3.5% Other Payroll 210$ 1.4% 3.5% Manager's Unit Expense -$ 0.0% 3.5% Cleaning Supplies 53$ 0.4% 3.5% Benefits 19$ 0.1% 3.5% Payroll Taxes & Work Comp 158$ 1.1% 3.5% Advertising 53$ 0.4% 3.5% Telephone 15$ 0.1% 3.5% Legal & Accounting 58$ 0.4% 3.5% Office Supplies & Expense 15$ 0.1% 3.5% Miscellaneous Administrative 95$ 0.6% 3.5% TOTAL OPERATING EXPENSES 5,000$ Replacement Reserves 250$ 0.0% Operating Reserves -$ 0.0% TOTAL EXPENSES & RESERVES 5,250$ CASH FLOW AVAILABLE FOR DEBT SERVICE DEBT SERVICE & OTHER DISTRIBUTIONS Loan Amount Construction to Permanent Loan Hard 11,600,000$ Other Soft -$ Other Soft -$ Other Soft -$ Other Soft -$ Other Soft -$ Other Soft -$ Other Soft -$ ANNUAL NET CASH FLOW Debt Service Coverage Ratio on Hard Debt Year Year Year Year Year 11 12 13 14 15 - - - - - - - - - - - - - - - 729,955 748,204 766,909 786,082 805,734 - - - - - - - - - - - - - - - 962,214 986,269 1,010,926 1,036,199 1,062,104 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1,692,169 1,734,474 1,777,835 1,822,281 1,867,838 Year-11 Year-12 Year-13 Year-14 Year-15 39,555 40,543 41,557 42,596 43,661 361,752 370,796 380,066 389,567 399,306 401,307 411,339 421,623 432,163 442,967 2,093,476 2,145,813 2,199,458 2,254,445 2,310,806 (146,543) (150,207) (153,962) (157,811) (161,756) 1,946,933 1,995,606 2,045,496 2,096,634 2,149,050 Year-11 Year-12 Year-13 Year-14 Year-15 158,713 161,887 165,125 168,428 171,796 2,257 2,336 2,418 2,502 2,590 29,058 30,075 31,128 32,217 33,345 494 511 529 547 567 1,834 1,898 1,964 2,033 2,104 30,469 31,535 32,639 33,781 34,964 76,313 78,984 81,749 84,610 87,571 34,278 35,477 36,719 38,004 39,334 2,116 2,190 2,267 2,346 2,428 61,079 63,217 65,429 67,719 70,089 30,469 31,535 32,639 33,781 34,964 - - - - - - - - - - 38,227 39,565 40,950 42,383 43,867 68,132 70,517 72,985 75,539 78,183 69,740 72,181 74,707 77,322 80,028 30,469 31,535 32,639 33,781 34,964 - - - - - 7,758 8,030 8,311 8,602 8,903 2,821 2,920 3,022 3,128 3,237 22,993 23,798 24,630 25,492 26,385 7,758 8,030 8,311 8,602 8,903 2,116 2,190 2,267 2,346 2,428 8,464 8,760 9,066 9,384 9,712 2,116 2,190 2,267 2,346 2,428 13,838 14,322 14,824 15,342 15,879 701,511 723,684 746,584 770,238 794,670 25,750 25,750 25,750 25,750 25,750 - - - - - 727,261 749,434 772,334 795,988 820,420 1,219,671 1,246,172 1,273,162 1,300,646 1,328,630 Year-11 Year-12 Year-13 Year-14 Year-15 812,333 812,333 812,333 812,333 812,333 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 407,338 433,839 460,828 488,312 516,296 1.50 1.53 1.57 1.60 1.64 Meridian City Council Meeting Agenda October 2, 2018 – Page 567 of 580 OLD CITY HALL RFP RESPONSE – 7/25/2018 27 Exhibit B - Enterprise Financial Overview Meridian City Council Meeting Agenda October 2, 2018 – Page 568 of 580 Enterprise Financial Overview Message from the CEO With the completion of eight new multifamily housing developments in 2016, TPC’s total assets grew to over $1.39 billion. The company’s portfolio performed very well with overall occupancy of 97% and debt service coverage of 1.40. Year -end portfolio leverage was 60%, which is low in comparison to our peers. As a continued hedge against unforeseen challenges, we again reported unrestricted liquidity in excess of $10 million and more than $50 million in property -level cash and reserves. In 2016, TPC posted strong net income of $18.6 million due in large part to the benefits of vertical integration. This diversity of revenues provides a broad and stable base for our enterprise as a whole. We very much look forward to launching our 2017 projects which include fourteen affordable housing communities, one public school campus, and two market -rate multifamily developments, largely concentrated in California. Caleb Roope President and CEO Creating healthy environments to live and learn since 1998 Consolidated Statement of Financial Position 2016 2015 ASSETS Cash 16,374,659$ 12,975,484$ Cash - Project Level 12,193,234 12,378,191 Short Term Investments 12,790,420 9,623,541 Receivables/Other 6,251,962 6,469,006 Construction Contracts Receivable 5,168,186 8,693,578 Costs & Profits in Excess of Billings 38,643 17,147 Development in Progress 13,757,175 13,060,078 Investments - Fixed Income 8,037,880 7,985,304 Reserves 37,947,920 33,716,220 Fixed Assets 1,272,954,941 1,200,839,875 Other Long Term Assets 4,299,757 14,317,568 TOTAL ASSETS 1,389,814,777$ 1,320,075,992$ LIABILITIES Total Short Term Liabilities 10,510,392$ 9,443,079$ GP Advances/GC Contracts Payable 74,649,807 67,657,129 Accrued Partnership Fees 2,840,234 3,230,494 Financing Liabilities 715,482,917 684,735,272 Other Long Term Liabilities 7,318,806 18,007,314 TOTAL LIABILITIES 810,802,156$ 783,073,288$ EQUITY TPC Controlling Interest 149,684,386$ 138,306,569$ Non-Controlling Interest 429,328,235 398,696,135 TOTAL EQUITY 579,012,621$ 537,002,704$ TOTAL LIABILITIES AND EQUITY 1,389,814,777$ 1,320,075,992$ Meridian City Council Meeting Agenda October 2, 2018 – Page 569 of 580 Caleb Roope President / CEO 208-908-4865 calebr@tpchousing.com Mindy Rex COO 208-577-2195 mindyr@tpchousing.com Additional information is available upon request from the contacts below. 430 E. State Street, Ste. 100 | Eagle, ID 83616 www.tpchousing.com Consolidated Income Statement 2016 2015 REVENUES Construction Income 90,940,481$ 86,282,420$ Development Income 5,927,777 7,583,867 Asset Portfolio Income 67,486,895 59,999,719 Architecture Income 911,646 798,618 Project Refunds 549,783 333,667 Interest Income 276,172 50,954 Net Portfolio Insurance Program Income (402,049) (37,717) Miscellaneous Income 5,656,896 2,719,221 TOTAL REVENUES 171,347,601$ 157,730,749$ COSTS OF GOODS SOLD Direct & Indirect Construction Expenses 85,208,898$ 81,528,524$ TOTAL COSTS OF GOODS SOLD 85,208,898$ 81,528,524$ GROSS PROFIT 86,138,703$ 76,202,225$ OPERATING EXPENSES Asset Portfolio Operating Expenses 42,563,439$ 35,497,798$ Salaries & Wages 2,190,955 1,860,194 Office Expenses 995,119 1,233,140 Professional Fees 946,153 979,435 Expensed Project Development Costs 453,824 120,526 Other Operating Expenses 338,780 370,571 TOTAL OPERATING EXPENSES 47,488,270$ 40,061,664$ NON OPERATING EXPENSES Financing Costs 18,041,822$ 19,556,685$ Partnership Fees 2,043,728 1,724,863 Other Non Operating Expenses (13,357) 73,329 TOTAL NON OPERATING EXPENSES 20,072,193$ 21,354,877$ NET INCOME*18,578,240$ 14,785,684$ *(Before Depreciation/Amortization) Meridian City Council Meeting Agenda October 2, 2018 – Page 570 of 580 0 " z < 0 "w , z A Conceptual Design for a Meridian Mixed-Use I "===IDtj�9 B Overall Area: 80,155 s.f # Floors: 4 Office/ Retail: 9,745 s.f. I 20 Stalls I E IDAHO AVE . -----� □ �-----------P L ___ 7 ,------------, ,-------_j I '----' '----' --� I I 84 New Stalls I : I I I ------------1 -------------'--------------� (E) First Interstate Bank ''i/ .. ;:/ ---- E. BROADWAY AVE Downtown Development 13 December 2017 \\ :1,1 --�I □ I I I I I I I I -�: I 7 Covered Parking -1:::::-_ I I I I I (E) Heritage Building -�P'�---Cc�=:����;--- 1 21 New Stalls I A Overall Area: 40,832 s.f # Floors: 4 Retail/ Restaurant: 5,955 s.f. o-aN'� .�--�rij .,----- �-J ---· � SITE PLAN -OPTION 1 . ;�, ,: 7 ti □]"\\�'i\ �----------------------------------------------------------------i11 \�,.� @ ©I �I /] 1.J I 1@ ·�@ �1,,) (E) First Interstate Bank ----- _ _J:'.".:'.�·--·- Res. Floors: 2, 3 & 4 B 1 Bedroom: 42 2 Bedroom: 30 @ Covered Parking © ' I \'�'.:c� (E) Heritage Building -----11�� ---· A Res. Floors: 2,3 & 4 1 Bedroom: 13 2 Bedroom: 18 z < , z � UPPER FLOORS-OPTION 1 . ;�, ,: LINDGREN:LABRIE A R C H TECTURE COMPANIES Meridian City Council Meeting Agenda October 2, 2018 – Page 571 of 580 OPTION 1 MAIN & BROADWAY COMPANIES A Conceptual Design for a Meridian Mixed-Use Downtown Development 13 December 2017 OPTION 2 LINDGREN:LABRIE ARCHITECTURE M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 , 2 0 1 8 – P a g e 5 7 2 o f 5 8 0 City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 9 G Project File Number: Item Title: Ordinance 18-1792 Ordinance 18-1792: An Ordinance Authorizing The Conveyance Of Certain City Owned Real Property To The Meridian Development Corporation Located At 33 E. Idaho Avenue (Commonly Referred To As "Old City Hall") And Legally Described As Lots 21, 22, 23, 24, 25, 26, 28, 29, 30, 31 And 32 Of Block 2, Meridian Townsite In The City Of Meridian, Ada County, Idaho; Authorizing The Mayor And City Clerk To Execute And Attest On Behalf Of The City Of Meridian The Deed And Other Documents Necessary To Complete The Transaction; Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. Meeting Notes: u� pPPROV�D I TEM SHEET C ouncil Agenda I tem - 8.G. Presenter: Estimated Time f or P resentation: Title of I tem - Ordinance 18-1792: An Ordinance Authorizing T he C onveyance Of Certain C ity Owned Real P roperty To T he M eridian Development Corporation L ocated At 33 E. Idaho Avenue (Commonly Referred To As “Old C ity Hall”) And L egally D escribed As L ots 21, 22, 23, 24, 25, 26, 28, 29, 30, 31 And 32 O f B lock 2, M eridian Townsite In T he C ity Of M eridian, Ada C ounty, Idaho; Authorizing T he M ayor And C ity C lerk To Execute And Attest On Behalf Of T he City Of M eridian T he D eed And Other D ocuments Necessary To C omplete T he T ransaction; Providing F or A Waiver Of T he Reading Rules; And P roviding An E ffective D ate. O rd inance fo r C ity C o uncil cons ideratio n after P ublic Hearing o n this matter. S ec tion 2 need s to be filled -in with the s ale pric e as d etermined by the C ity C ounc il. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance for D isposition of O ld City Hall Ordinance 9/27/2018 S ummary Ordinance 10/1/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 9/27/2018 - 12:27 P M L egal.B aird, Ted Approved 9/27/2018 - 4:07 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 573 of 580 CITY OF MERIDIAN ORDINANCE NO. 18-1792 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY TO THE MERIDIAN DEVELOPMENT CORPORATION LOCATED AT 33 E. IDAHO AVENUE (COMMONLY REFERRED TO AS "OLD CITY HALL") AND LEGALLY DESCRIBED AS LOTS 21,229 239 249 259 269 289 299 309 31 AND 32 OF BLOCK 2, MERIDIAN TOWNSITE IN THE CITY OF MERIDIAN, ADA COUNTY, IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code 50-1401, the City Council has statutory authority to sell, exchange, or convey any real property owned by the city which is underutilized or which is not used for city public purposes; and, WHEREAS, when it is determined by the City Council to be in the City's best interest, the Council may by Ordinance duly enacted, authorize the transfer or conveyance of the real property to any tax supported governmental entity with or without compensation; and, WHEREAS, the proposed transaction would convey certain real property to the Meridian Development Corporation for purposes in furtherance of its mission to stimulate and expand Downtown Meridian into a thriving area that provides opportunities in which to live, work, and play; and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on October 2, 2018 and at the conclusion of said hearing, the City Council moved to approve the conveyance, subject to certain terms and conditions, and directed staff to bring forth this Ordinance authorizing the conveyance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a public hearing on the proposed conveyance was held at the October 2, 2018 meeting of the Meridian City Council. Section 2. That the City Council determined after the public hearing that the proposed conveyance is in the City's best interest and that the property should be transferred to the Meridian Develo ment Corporation in exchange for compensation in the amount of $ and other terms and conditions contained in the ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 1 of 2 Agreement for Purchase and Sale of Real Property to be entered into by the parties. Section 3. That the Mayor and City Clerk shall be authorized to execute and attest the Agreement for Purchase and Sale of Real Property, a standard form warranty deed, and any other documents necessary to complete the conveyance authorized by this Ordinance. Section 4. 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 2nd day of October, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this 2nd day of October, 2018. CITY OF MERIDIAN Mayor Tameerd ATTEST- �o Au�usr a�- C.Ja oles, C't Clerk z �'`'�''t - o 1910 >_ W r C'�tiTR�PSJ FR of the "T ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 2 of 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18-1792 An Ordinance Authorizing The Conveyance Of Certain City Owned Real Property To The Meridian Development Corporation Located At 33 E. Idaho Avenue (Commonly Referred To As "Old City Hall") And Legally Described As Lots 21, 22, 23, 24, 25, 26, 28, 29, 30, 31 And 32 Of Block 2, Meridian Townsite In The City Of Meridian, Ada County, Idaho; Authorizing The Mayor And City Clerk To Execute And Attest On Behalf Of The City Of Meridian The Deed And Other Documents Necessary To Complete The Transaction; Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and pub*ation. AU CGtof Merin v Mayor and City Council By: C.Jay Coles, City Clerk 11 ED G UST � O 0 ('itr of iviAN IDAHO } w A-1 SEAQ First Reading: �� r �5 g FR of th T'RE Adopted after fir t reading by suspension of the Rule wed 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. 18-1792 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. 18-1-7 � of the Cit of Meridian Idaho and has found the same to City > be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50- 901A (3). DATED this L— day of October, 2018. William. L.M. Nary City Attorney ORDINANCE SUMMARY FOR THE CONVEYANCE OF REAL PROPERTY TO THE MERIDIAN DEVELOPMENT CORPORATION FOR PROPERTY LOCATED AT 33 E. IDAHO STREET, REFERRED TO AS OLD CITY HALL City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 9 H Project File Number: Police Department Budget Amendment Police Department Budget Amendment for K-9 Training Not to Exceed $10,000 (Net Zero) Meeting Notes: u�' APFROIto''' I TEM SHEET C ouncil Agenda I tem - 8.H. Presenter: L t. C aldwell / L t. S tokes Estimated Time f or P resentation: 5 Title of I tem - Police Department: Budget Amendment for K-9 T raining Not to Exceed $10,000 (Net Zero) Police Department - K -9 B udget A mendment. R equesting spending authority for K-9 Training and Equipment. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate B udget A mendment K-9 Training Cover Memo 9/28/2018 RE V I E WE RS : Department Reviewer Action D ate P olice Coles, C.J ay Approved 9/28/2018 - 2:22 P M Meridian City Council Meeting Agenda October 2, 2018 – Page 577 of 580 C� O (D _a N D -n N O V O W Q (D D (D Q 3 (D O 3 (D ,- r -, m 0 r -r (D O 0 0 0 co 0 O -h T N O v�o cQ (D 3 0 I Q- 3 3 cD D 0 -1 I3 I� v co D m CL m 0 r+ I1 Y rf L5a D O O O O O O O O O n un cn un un (-n un cn to De-�-F N N N N N O � N N kQ N � rpt O N N N N N O 0 N N N N N N F" rD a) N F" I-' F-' F� N F' N z O F -I N N N. 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C (D 3 O i1 �i r J _ `-- ° D D - d V, O 3Z' a {D a ° w w CLD fl ° Z)D a ' ao T a �D rt I'D (D ` J n M � a M ,21 o 'M o- m 3 M 7 A D 3 n * �0 _ c LU n a a O n n Ot m r D N I'D D E2 1 r n rD is D ,�, N Z✓ ° o (M B O r•* Z D. 0 �i rD a fl7 0 O n Kl d p, M rD o � D fD 7• (D° on m7 CL CL y v cu Ili Q Z �. �Q O N O N O OD O O L 0 CD 1. l..L DO :3 n N O �-0 W Q D rn3 V 3 n O M, ik City Council Meeting Regular Meeting Agenda Meeting Date: October 2, 2018 Agenda Item Number: 11 Project File Number: Item Title: Future Meeting Topics Meeting Notes: