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2019-06-11 Work Session CITY COUNCIL AMENDED WORK SESSION AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, June 11, 2019 at 4:30 PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Treg Bernt X Genesis Milam Luke Cavener X Mayor Tammy de Weerd 2. Adoption of Agenda – Adopted as Presented 3. Consent Agenda [Action Item] - Approved A. Approve Minutes of May 28, 2019 City Council Special Meeting B. Approve Minutes of June 4, 2019 City Council Work Session C. Approve Minutes of June 4, 2019 City Council Regular Meeting D. Final Plat for Edgehill No. 2 (H-2019-0063) by T rilogy Development, LLC., Located at 1405 W. Victory Rd. E. Final Order for Lost Rapids (H-2019-0056) by GFI - Meridian Investments II, LLC, Located at the SW corner of W. Chinden Blvd./SH-20/26 and N. Ten Mile Rd. F. Final Order for The Keep Subdivision (H-2019-0053) by Jarron Langston, Located at the SW corner of S. Eagle Rd. and E. Lake Hazel Rd. G. Findings of Fact, Conclusions of Law for Bainbridge Southeast (H- 2019-0042) by Brighton Investments, LLC., Located on the West side of N. Ten Mile Rd. 1/2 mile South of W. Chinden Blvd./SH-20/26 H. Findings of Fact, Conclusions of Law for Wagner Farms (H-2019- 0035) by PD Larson & Co., Located at 3240 W. Chinden Blvd. I. Modified Development Agreement for L&G Murgoitio, LLC (Owner/Developer) for Timber Creek Recycling (H-2018-0042), Located at 6575 S. Locust Grove Rd. J. Addendum to Development Agreement for Avebury Subdivision MDA (H-2018-0141) with AD800 LLC (Owner/Developer) Located on the North side of E. Pine Ave., West of N. Locust Grove Rd. K. Approval of Construction Contract to McLeran Well Drilling, LLC for the “Well 20b Assessment & Rehabilitation” Project for a Not- To-Exceed amount of $68,129.00. L. Resolution No. 19-2145 : A Resolution Vacating T he Public Utilities And Drainage Easement Located On The North And East Boundaries Of Lot 3, Block 1 And The South And East Boundaries Of Lot 2, Block 1 Of Renewal Place Subdivision As C reated By Plat Note No. 7 On Sheet 1 Of 3 To The Official Plat Thereof, Recorded In Book 106, Pages 14631-14633 Records Of Ada County, Idaho. Said Easement Being The Exterior 10 Feet Along The South Boundary Of Said Lot 2, The East Boundary Of Said L ots 2 And 3 And The North Boundary Of Said Lot 3 Located At 703 And 713 N. Main Street, Meridian, Idaho; And Providing An Effective Date. M. Resolution No. 19-2146: A Resolution Accepting the 2019-2021 Traffic Box Art Image Repository N. Resolution No. 19-2147: A Resolution Declaring Intent to Convey Certain Real Property to Ada County Highway District O. AP Invoices for Payment - 05/31/19 - $122,544.90 P. AP Invoices for Payment - 06/06/19 - $1,000,619.92 Q. AP Invoices for Payment - 06/12/19 - $509,032.99 4. Community Items / Presentations A. COMPASS: Communities in Motion 2040 2.0 Presentation 5. Action Items A. Parks and Recreation Department: FY2019 Net-Zero Budget Amendment for Volunteer Ambassador Utility Vehicle Batteries (Action Item) - Approved 6. Department / Commission Reports A. The Compliance Engine, Update on Proposed Fees, Contract, and Next Steps – Scheduled for Public Hearing on June 25, 2019 7. Executive Session per Idaho State Code 74-206 to consider labor contract matters authorized under section 74-206A (1)(j) Into Executive Session: 5:06 pm Out of Executive Session : 5:35 pm Meeting Adjourned at 5:35 pm Meridian City Council Work Session June 11, 2019. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, June 11, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Ty Palmer, Genesis Milam, Anne Little Roberts and Treg Bernt. Members Absent: Luke Cavener. Also present: Chris Johnson, Bill Nary, Colin Moss, Berle Stokes, 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 ______Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: I will start this afternoon's City Council work agenda and I will start with roll call attendance, Mr. Clerk. Item 2: Adoption of Agenda De Weerd: Item No. 2 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we adopt the agenda as published. Milam: Second. De Weerd: I have a motion and a second to adopt the agenda. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 3: Consent Agenda [Action Item] A. Approve Minutes of May 28, 2019 City Council Special Meeting B. Approve Minutes of June 4, 2019 City Council Work Session Meridian City Council Meeting Agenda June 18, 2019 – Page 35 of 186 Meridian City Council Work Session June 11, 2019 Page 2 of 12 C. Approve Minutes of June 4, 2019 City Council Regular Meeting D. Final Plat for Edgehill No. 2 (H-2019-0063) by Trilogy Development, LLC., Located at 1405 W. Victory Rd. E. Final Order for Lost Rapids (H-2019-0056) by GFI - Meridian Investments II, LLC, Located at the SW corner of W. Chinden Blvd./SH-20/26 and N. Ten Mile Rd. F. Final Order for The Keep Subdivision (H-2019-0053) by Jarron Langston, Located at the SW corner of S. Eagle Rd. and E. Lake Hazel Rd. G. Findings of Fact, Conclusions of Law for Bainbridge Southeast (H2019-0042) by Brighton Investments, LLC., Located on the West side of N. Ten Mile Rd. 1/2 mile South of W. Chinden Blvd./SH-20/26 H. Findings of Fact, Conclusions of Law for Wagner Farms (H- 2019-0035) by PD Larson & Co., Located at 3240 W. Chinden Blvd. I. Modified Development Agreement for L&G Murgoitio, LLC (Owner/Developer) for Timber Creek Recycling (H-2018-0042), Located at 6575 S. Locust Grove Rd. J. Addendum to Development Agreement for Avebury Subdivision MDA (H-2018-0141) with AD800 LLC (Owner/Developer) Located on the North side of E. Pine Ave., West of N. Locust Grove Rd. K. Approval of Construction Contract to McLeran Well Drilling, LLC, for the “Well 20b Assessment & Rehabilitation” Project for a Not-To-Exceed amount of $68,129.00. L. Resolution No. 19-2145 : A Resolution Vacating The Public Utilities And Drainage Easement Located On The North And East Boundaries Of Lot 3, Block 1 And The South And East Boundaries Of Lot 2, Block 1 Of Renewal Place Subdivision As Created By Plat Note No. 7 On Sheet 1 Of 3 To The Official Plat Thereof, Recorded In Book 106, Pages 14631-14633 Records Of Ada County, Idaho. Said Easement Being The Exterior 10 Feet Along The South Boundary Of Said Lot 2, The East Boundary Of Said Lots 2 And 3 And The North Boundary Of Said Lot 3 Located At 703 And 713 N. Main Street, Meridian, Date. Meridian City Council Meeting Agenda June 18, 2019 – Page 36 of 186 Meridian City Council Work Session June 11, 2019 Page 3 of 12 M. Resolution No. 19-2146: A Resolution Accepting the 2019-2021 Traffic Box Art Image Repository N. Resolution No. 19-2147: A Resolution Declaring Intent to Convey Certain Real Property to Ada County Highway District O. AP Invoices for Payment - 05/31/19 - $122,544.90 P. AP Invoices for Payment - 06/06/19 - $1,000,619.92 Q. AP Invoices for Payment - 06/12/19 - $509,032.99 De Weerd: Item 3 is our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There were no changes, so I move we approve the Consent Agenda as published, for the Mayor to sign and Clerk to attest. Milam: 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. Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Community Items / Presentations A. COMPASS: Communities in Motion 2040 2.0 Presentation De Weerd: Item 4 is our community presentations and 4-A is under COMPASS. We have a presentation on Communities In Motion 204 right? Itkonen: I will talk about that a little bit more, why that is there. Madam Mayor, Mr. President, Members of the Council, my name is Liisa Itkonen. I'm a principal planner with COMPASS and I am here today to talk to you about the regional long-range transportation plan for Ada and Canyon counties and I will very briefly talk about, first, what COMPASS is and what it does and, then, I will get into the growth in Meridian and what that means Meridian City Council Meeting Agenda June 18, 2019 – Page 37 of 186 Meridian City Council Work Session June 11, 2019 Page 4 of 12 -- that and the regional growth for the regional long-range transportation plan, which is the Communities In Motion 2040 2.0. So, starting with what COMPASS is, it is a forum for regional collaboration in southwest Idaho to help maintain a healthy and economically vibrant region that will offer people choices on where and how they live, work, play and travel and really that is the key COMPASS role is to provide that forum for our member agencies, as well as other stakeholders and the public and this is also our vision statement. So, as the long name of COMPASS or the Community Planning Association of Southwest Idaho says, we are an association of cities, counties, highway districts and other agencies to plan for the future of Ada and Canyon counties and the City of Meridian is a member and we have a board of directors that provides the policy direction and you are represented on that board by Mayor de Weerd, Charlie Rountree and Council Member Bernt and COMPASS fulfills that mission by these four regional roles. So, we plan -- and I will talk a little bit more about that in a second. We implement, which means that we secure funding for projects to be completed in the region and so we go after different kinds of grants, we program projects and so on, to really assure that we can fulfill the regional goals. We also provide technical expertise as in we are the regional source for data and expertise, especially in geographic information systems, also photography type of things. We also are the expert for -- and the resource for travel modeling and demographics data and those kinds of things. And, then, that facilitation role. As I mentioned, we bring together member agencies to work together collaboratively for the region, as a region, but we also, then, provide that forum for the public to provide input and feedback into that regional process and the decision making. So, that's part of an important -- important part of what we do. So, get into that planning role. Again, especially from my perspective, that's the most important thing that we do, because the -- one of the key products of COMPASS is this regional long-range transportation plan and the current plan is called Communities In Motion 2040 2.0. This is a plan that needs to look out at least 20 years into the future and we update it every four years. It is a federal requirement that we do this and the 2.0 came in because this is truly an update to the previous plan, which was Communities In Motion 2040. So, it maintains the same horizon year of 2040, the same growth forecast, same goals, the same growth for that vision, but we updated several elements of that and I will discuss them a little bit later. So, this is now a completely online document for the first time ever. We have always had documents online, but this is now everything online. The only printed thing about that is the summary brochure that you received and this link to the website where you can get to this plan is also on that brochure. So, you can get there from -- from that. So, the -- the purpose of this plan is to look at that horizon year and plan for a transportation system to be ready for the growth that we are forecasting by then. In this case for 2040 the growth forecast is just over a million people in the two counties, almost half a million jobs, and back in 2012 we developed a vision for what that growth would look like. Regionally -- so, this shows you both for the region, as well as for Meridian what that growth has been and you can see that since 1990 we have experienced some pretty significant growth in -- in Meridian in -- in particular. There are now over 100,000 more people in Meridian than there were in 1990 and, as I said, the growth forecast for 2040 for the two counties is just over a million people and about 167,000 of those will be in Meridian. So, what this means, then, is this is the forecasted household growth in Meridian specifically and the green areas show areas of low growth and the red areas are the high growth areas and where Meridian City Council Meeting Agenda June 18, 2019 – Page 38 of 186 Meridian City Council Work Session June 11, 2019 Page 5 of 12 we particularly expect to see growth is in the northwest or the Fields area and along State Highway 16. Also along Pine and Locust Grove, as well as in Southeast Meridian and around the Ten Mile interchange and COMPASS staff and Meridian planning staff work very closely on developing these forecasts and starting this fall COMPASS, with member agencies and other stakeholders, will be developing the forecast for 2050 for the next long range plan. And we will be considering demographic, technologic and market changes to anticipate the growth in the region and see how that might be different from what we have looked at in 2012. So, as I said, the -- this is a regional transportation plan and the purpose of this really is to prepare for that growth and make sure that we have a transportation system that is ready for that and can accommodate what's coming. So, in this plan we looked at the transportation system in terms of four components. So, roadways, public transportation, freight and bicycle and pedestrian networks and I will very briefly just give you an idea of what are the kinds of things that we looked at in each of these. Again, you have a lot more information online if you're interested in looking at specifically any of these and you can go in there and peruse that. So, this is an example of what we looked in the -- for the roadways. So, we always -- this is kind of one of the staples of -- of our data in looking at congestion. This shows 2017 peak hour congestion by direction and the dashed circle there kind of gives you an idea of how to orient yourself to -- about Meridian and you see from this that, one, Eagle Road is bad pretty much all the time. It's congested. As is US 20-26 or Chinden. Also you see that there are segments of I-84, especially in Canyon county, that is -- has been a real bottleneck in there. So, this is the kind of information that we take to start identifying what those future transportation needs are and -- and we looked at public transportation and, again, the purpose of this one really was to look at what are -- what kinds of options could we have for the future, so that people could do something other than get into their personal car and try to get somewhere. So, this is a conceptual map of the 2040 Treasure Valley transportation system. That would include fixed guideway. Fixed guideway here means rail or something in a dedicated right of way, such as the bus Rapid Transit, so -- but, essentially, some -- anything that would move kind of on its own right way and would not be impeded by other traffic and what you see in here is that -- so, there would be one along State Street that would be a bus Rapid Transit and there has been a lot of work already done on this one. The planning for this is probably the furthest in the region and, then, we have a couple of options here, either the rail line, which is the cut off -- the cut off here it's kind of a little wonky here and this is the main line or some other alignment close to it, such as Fairview-Cherry that would reach all the way from Nampa-Caldwell into Boise and these are the kind of -- these -- this fixed guideway is something that we will be looking at in the next couple of years to try to really narrow that down and identify what that should be -- could be, so that we could move forward with the planning work there. And, then, on the freight side we conducted several studies to learn more about what we currently have, where is the freight and what it's doing and this is a map of where we currently are in 2017, have freight -- essentially trucks and it's not the planning map, it doesn't show -- it doesn't say that this is where the truck should be, it shows you where they are and what you can see there is the -- I-84 and many of the state highways are really the key freight corridors in the region. There is a lot of truck movement there. And, then, in yellow -- so, that's the light blue lines there. And, then, in yellow you have those regional connectors that are really critical in connecting those freight generating Meridian City Council Meeting Agenda June 18, 2019 – Page 39 of 186 Meridian City Council Work Session June 11, 2019 Page 6 of 12 businesses and areas to the interstate. So, a lot of the traffic -- truck traffic in -- in this area really moves around the interstate and it's interesting that we don't have a whole lot of truck traffic that just moves through. Most everybody -- the trucks that are in the area have some business in the area. So, there is some reason for them to be here. They don't typically just drive through from Salt Lake to Portland or Seattle. So, that was kind of an interesting finding. And, then, on the bicycle and pedestrian planning, this is a map of a proposed Treasure Valley Regional bikeway and pathway system that if built would have about 90 percent of -- about 90 percent -- 90 percent of jobs and over 90 percent of households within a mile of one of these pathways. The green ones are there show -- the ones that already exist. There is about 90 miles worth of those and, then, there is another 300 miles that have been identified that would be part of that regional network. We are also working on a rail -- rail -- rail with trails study to develop a conceptual design and cost estimate for what a trail along the rail -- the cut off would -- would be like and how much it would cost to be ready for the day when Union Pacific wants to negotiate and deal with it. So, as we identify these transportation system needs and different kinds of projects of what would be needed by 2040 for the system to work better, we also focused on maintenance. So, we wouldn't just want to be building new stuff, because we also want to maintain what we already have and the COMPASS board provided that direction early on already in Communities In Motion 2040 and, then, carried it forward, that the available federal funding will be focused on maintaining -- maintaining the existing system and, then, in this plan we will, then, strategically address regional priorities as additional funding becomes available and this is, essentially, different categories of projects that are funded in the plan. So, maintenance is the -- the biggest portion in there, but also there is projects for roadway expansion, public transportation, bridges, safety projects, intelligent transportation systems, which are signals and those kinds of technology -- technological things and, then, bicycle-pedestrian projects. Also some studies -- special projects, as well as travel demand management, which is van pools and rideshare and in the plan we have identified funding for 600 -- 6.4 billion dollars out to 2040. So, this is the funding that we are forecasting that we will have available by 2040 and 4.9 billion dollars of that is going to maintenance, traffic operations, other kinds of things. These other the nonexpansion types of projects. And, then, 1.5 billion is for capital projects or capital expansion types of projects. This map shows the funding roadway improvements and I would like to draw your attention here to US 20-26, Chinden, and the fat blue lines here. These are the funded projects to expand -- change into six lanes and, then, there is the four lane -- that's the four lanes expansion that's funded here in the middle, because when we go to the next one which shows the unfunded priorities, you see the fat yellow line here, which is on US 20-26 or Chinden, showing the rest of it to be expanded to six lanes. But this middle part currently is unfunded. So, as you saw from the -- you didn't see it yet. So, we had 6.4 billion dollars worth of funding. We have over 11 billion dollars worth of needs. So, we ended up with quite a bit of unfunded projects and needs and so I'm showing -- this is the unfunded roadway priorities. Also here you see State Highway 16. The construction of it is unfunded. There is funding for update of the environmental study, as well as 90 million dollars for right of way purchase, but this construction is currently unfunded and once these unfunded -- or these -- yes, unfunded needs were identified, we, then, prioritize them. We, as in the COMPASS board, prioritize them in three different categories. We have state system projects, local projects and Meridian City Council Meeting Agenda June 18, 2019 – Page 40 of 186 Meridian City Council Work Session June 11, 2019 Page 7 of 12 public transportation projects. With the idea that generally these have a separate funding source, as well as different implementing agencies and here you see that for the state system completing I-84 in Canyon county is still the number one priority, getting that done. But, then, the number two there is that US 20-26 or Chinden, that six lane construction, the middle part there in the yellow and there is overall nine projects on this list. There is also the Linder Road overpass here -- is one of those unfunded projects included on the list. And, then, on the local system, the number one priority here was -- is Franklin Road widening from Star to Black Cat and overall there is 17 projects on that list. And, then, on the public transportation side the number one there is to get to that State Street high capacity corridor and actually start implementing that. But, then, following that one there is Valley Connect 2.0, which is starting to implement that intermediate system and enhanced services according to that one. But we also have still maintenance needs that are not funded. So, there is a pretty significant deferred maintenance need, over 600 million dollars worth for local roads in Ada and Canyon counties, as well as, then, over 170 million dollars for public transportation. So, that's been the summary of the funding situation here. Like I said, we have 6.4 billion dollars worth of funding 11.8 billion dollars worth of needs, which leaves us with a significant shortfall, about 235 million dollars per year from 2018 to 2040 and kind of the bottom line from here -- what this means for all of us in the -- in the region living here is that, essentially, travel times will increase, some more than others, but a lot of this has to do with the growth. When we keep growing at the pace for that we have and we end up with over a million people, it will just take longer to get to places, because there is just plain more of us and, like I said earlier in -- at the beginning, one of the roles that we have is the implementation role and so we will continue to seek funding for those unfunded projects. We will work with other agencies toward the goals that have been identified in the plan and, then, track progress. So, that's the performance based planning part of it. We have performance measures that we are tracking and publishing the report card every other year. So, the next one is coming up the summer of 2020 and we are also, then, starting on the next update. So, the COMPASS board just adopted this current plan in -- in December, but the next one is due by December of 2022 and so we have been preparing a work plan for that one and that plan, then, we will start addressing a little bit different future kind of where we will be scoping to see what are some of the regional trends that will affect the way that we -- we will be growing and -- and developing. So, in summary, Communities In Motion 2040 2.0 is -- it's a regional transportation plan for Ada and Canyon counties and it plans for a -- an integrated transportation system. We do have a funding shortfall and it's all online and you have a brochure that you can get some of the key information from there, as well as, then, the link to get to that document and with that I will answer any questions that you have. De Weerd: Thank you, Liisa. Council, any questions? That's a lot of information. We appreciate you joining us and thank you very much. Itkonen: Thank you. Item 5: Action Items Meridian City Council Meeting Agenda June 18, 2019 – Page 41 of 186 Meridian City Council Work Session June 11, 2019 Page 8 of 12 A. Parks and Recreation Department: FY2019 Net-Zero Budget Amendment for Volunteer Ambassador Utility Vehicle Batteries Action Item) De Weerd: Okay. Under Item 5, Action Items, we have our Parks and Recreation Department. Welcome, Colin. Moss: Good evening -- or afternoon, Madam Mayor, Members of the Council. I'm here to present this net zero budget. Our volunteer ambassador vehicle, the egg as we lovingly know it as, needed new batteries this year and our volunteer coordinator Bob Hatch did a great job soliciting donations and Idaho Power stepped up and donated the 1,400 dollars for us to purchase new batteries for that vehicle. So, last week on Wednesday we had a check presentation ceremony at Kleiner Park, got some good publicity out of it. The batteries are in the egg and we have received the -- we have received the check, so we are requesting to have that 1,400 dollars added to our equipment and maintenance budget. So, I will stand for questions. De Weerd: Thank you, Colin. Any questions from Council? You're a talkative bunch this afternoon. Do I have a motion? Moss: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move we approve the net zero budget amendment for the Parks and Rec Department for fiscal year 2019 in the amount of 1,400 dollars. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll. Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Department / Commission Reports A. The Compliance Engine, Update on Proposed Fees, Contract, and Next Steps Meridian City Council Meeting Agenda June 18, 2019 – Page 42 of 186 Meridian City Council Work Session June 11, 2019 Page 9 of 12 De Weerd: Item 6 under Department Reports, Item A is the compliance engine update on proposed fees, contracts, and next steps. Bongiorno: Right here. Madam Mayor and City Council, at your direction the last time that we talked about the compliance engine, the direction was to go to the Finance -- work with the Finance Department on the potential of the partial fee recovery that the compliance engine would be bringing. Originally I brought it to you just as a contract amendment and between Finance, in talking with them, and what state law is, this would be considered a fee. So, what we have done is Todd Lavoie in Finance looked through the document. In that memo that you have in front of you on the back side it says that Finance has worked with myself to determine that the 1,305 is an acceptable rate of revenue to collect. They understand that it's not going to be a full cost recovery and they also acknowledge that it will generate about 29,000 in revenue more than we were collecting before, which was zero. So, all the information is in the memo on the -- the fee that we are now proposing and so what I would like is to go ahead and advertise this for the next couple weeks and, then, come back for a public hearing on -- I believe it's June 25th to have it out in the public. So, with that I will answer any additional questions. De Weerd: Thank you, Joe. Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I know that we talked about it, Joe, and I appreciate you bringing back the numbers on the partial recovery. But has it been discussed doing a full recovery model and so our fee would be like, what, 43 dollars or something. Bongiorno: Right. Milam: So, the taxpayers aren't carrying the burden of this service that they are not using. Bongiorno: So, to -- to do the full cost recovery, like we said, we are trying to -- the consistency thing that we are trying to do in the valley, so all -- all the other fire departments, besides Nampa, Caldwell, are doing the 30 dollar fee. So, we are trying to keep it consistent. I failed to mention that Council Member Cavener asked me to meet with our Council liaison to discuss future cost recovery items and so we actually had that meeting on Monday, just to talk about fees and cost recovery and stuff like that. So, I have opened that dialogue with our Council liaison, so we are looking in the future of how we can do some more cost recovery in the future. But at this point the -- working with Todd and we just felt that the 30 dollars was an appropriate fee to be charging to match what's going on in the valley. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council Meeting Agenda June 18, 2019 – Page 43 of 186 Meridian City Council Work Session June 11, 2019 Page 10 of 12 Little Roberts: Madam Mayor. Joe, you might want to go into -- one of the things we talked about was the impact on staff, because right now with the 30 dollar fee it's all maintained by someone else and should we change how we do it, then, right now we really don't have anyone -- correct me if I'm wrong -- to -- to manage what could potentially be other cost recoveries will cost us more at this point. Bongiorno: That's correct. Madam Mayor and Council Member Little Roberts, that is -- that is a concern that -- that we have is right now to manage this process it's taking roughly ten hours a week of my time to manage the compliance engine. So, again, the -- the goal with the fee cost recovery part of it was to help offset the salary of the next inspector that we have coming on board -- hopefully in October of next year. For the 2021 budget year we have another inspector and that inspector will take over that work that I'm doing to free me up for the more other busy things that we -- that we do in the Fire Department. So, we have looked at the cost recovery part, as Council Member Little Roberts mentioned, part of the problem is -- is it's -- you have to have manpower and staff to do the billing, do the -- maintain the paperwork, do all of that and at this point where we sit right now we just don't have the manpower to implement a full schedule of fees, like -- I will use our neighbor to the east -- Boise fire does. They have a full list of fees that they charge, but they also have six or seven staff -- admin staff. They have eight fire inspectors. So, they have way more people than we do to manage it and so managing it's the hardest part. De Weerd: Thank you, Joe. Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If I could, because your memo mentions it, the Idaho Fire Protection Forum group you presented to -- Bongiorno: Yes. Borton: -- you gathered great feedback and made changes to some of the reporting that's required. So, give us kind of a quick snapshot on what good feedback and changes were made. Bongiorno: So, what -- when we met with the Idaho Fire Protection Forum, Chief Gervais and I did our presentation to them and, then, the feedback we got was, well, if you're going to increase the fee we get it, we understand why, but can we merge some of the required inspections that are required to be submitted to the compliance engine? So, for example, instead of doing a -- if it's a five year inspection and an annual inspection, that's considered two separate inspections. If they are both done the same year, could they just submitted it as one inspection. So, we -- we -- I think we took about four different scenarios and we created a new inspection where it's a combination. So, to lessen the -- the fee or the impact on them, we combined them to lower the amount of money that Meridian City Council Meeting Agenda June 18, 2019 – Page 44 of 186 Meridian City Council Work Session June 11, 2019 Page 11 of 12 would be required from them to collect from their client. So, that's just one example of what we have done. And, then, also with like hood cleanings, they can submit the hood cleanings annually and, then, we can just go back and review to make sure that the -- the mid year one was done as well, instead of having to do it twice a year or for some restaurants that do -- like our barbecue places, you know, they are required to be inspected monthly. So, we worked with the vendors to merge some stuff together to lessen the impact on their -- their clients. Borton: All right. Thank you. De Weerd: Thank you. Any other questions? So, the next steps is to bring this back to a public hearing. First publish it, the public hearing for June 25th. Bongiorno: That's -- that's what I'm asking for, yes. De Weerd: Okay. So, Council, you want this to move forward to the public hearing process. I don't need a motion. Very good. Thank you. De Weerd: Item 7 is an Executive Session. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we go into Executive Session pursuant to Idaho State Code 74- 206(a)(1)(j). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. (EXECUTIVE SESSION: 5:06 p.m. to 5:35 p.m.) De Weerd: I would entertain a motion come out of Executive Session. Milam: So moved. Borton: Second. Meridian City Council Meeting Agenda June 18, 2019 – Page 45 of 186 Meridian City Council Work Session June 11, 2019 Page 12 of 12 De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we adjourn. Borton: Second that motion. De Weerd: Well, I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:35 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TArDE VVEERD DATE APPROVED ORATED A(/GCi ATTEST: Gose s ,�2 4/0"', CHRIS�HNS -'CITY L-ERK";. tHv ­ SEAL 2T� `\A1�,V RofMe 7RFn�\ E IDIZtIAN*,----- CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 3 A Project File Name/Number: Item Title: Approve Minutes of May 28, 2019 City Council Special Meeting Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.A . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approve M inutes of M ay 28, 2019 City Council Special M eeting AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 6/3/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 3 of 396 Meridian City Council Special Meeting May 28, 2019 The Meridian City Council special meeting was called to order at 5:02 pm on Tuesday, May 28, 2019 by Mayor, Tammy de Weerd. Members Present: Anne Little Roberts, Ty Palmer, Treg Bernt, Genesis Milam, Luke Cavener, Joe Borton and Mayor de Weerd Staff Present: Chis Johnson and Bill Nary Item 1. Roll-call Attendance: X Anne Little Roberts X Joe Borton X Ty Palmer X Treg Bernt __X__ Genesis Milam __X__ Luke Cavener X M a y o r T a m m y d e W e e r d Item 2. Adoption of the Agenda: Borton: I move we Adopt the Agenda Cavener: Second De Weerd: It has been moved and second to Adopt the Agenda as published. All those in favor. ALL AYES MOTION CARRIED Item 3. Executive Session Executive Session per Idaho State Code 74-206(1)(a) To Consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of the individual are to be evaluated in order to fill a particular vacancy or need, (1)(c): To acquire an interest in real property which is not owned by a public agency, (1)(d): To Consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code, (1)(f): To Communicate with legal counsel for the Public Agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated, and (1)(j): To Consider labor contract matters authorized under section 74- 206A(1)(a) and (b). Meridian City Council Meeting Agenda June 11, 2019 – Page 4 of 396 Borton: I move we go into Executive Session as per Idaho State Code 74- 206(1)(a), (1)(c), (1)(d),(1)(f), (1)(j) and 74-206A(1)(a) and (b). Cavener: Second. De Weerd: It has been moved and seconded to go into Executive Session. All those in favor ALL AYES MOTION CARRIED. Into Executive Session at 5:02 pm Out of Executive Session at 6:01 pm Borton: I move we adjourn the Executive Session. Cavener: Second. De Weerd: It has been moved and seconded to come out of Executive Session. All those in favor ALL AYES MOTION CARRIED. Borton: Move to adjourn. Cavener: Second. De Weerd: A motion and a second to adjourn. All in favor ALL AYES MOTION CARRIED. MEETING ADJOURNED AT 6:01 pm (AUDIO ON FILE OF THESE PROCEEDINGS) APPROVED: — IEC) AUGvs Tammy de oma° z 01y,>r w �EI IDAN''— IOAHO ATTEST: — r, ��a .. C Jon Ci �. , C�E IDIANIZC--DAHO CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 3 6 Project File Name/Number: Item Title: Approve Minutes of June 4, 2019 City Council Work Session Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 3.B . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approve M inutes of J une 4, 2019 City Council Work S ession AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 6/6/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 7 of 396 Meridian City Council Work Session June 4, 2019 Page 19 of 19 Borton: Move we adjourn. Milam: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:23 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) YOR TAMMY DE WEERD �SOAUI UST DATE APPROVED Uft the CIDIAN*,----,- ��((,IZ�J CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 3 C Project File Name/Number: Item Title: Approve Minutes of June 4, 2019 City Council Regular Meeting Meeting Notes: F1 I TEM SHEET C ouncil Agenda I tem - 3.C. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approve M inutes of J une 4, 2019 City Council Regular M eeting AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 6/7/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 27 of 396 Meridian City Council June 4, 2019 Page 35 of 35 De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:42 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAMMY DE WEERD o�° ucusT, DATE APPROVED o� 'moo ATTEST: CHRIS JOHNSONWCI of the T (���EIDIZ IAN?- 0 I DAH CITY COUNCIL WORK SESSION AGENDA June 11., 2019 Agenda Item Number: 3 D Project File Name/Number: H-2019-0063 Item Title: Final Plat for Edgehill No. 2 by Trilogy Development,, LLC.,, Located at 1405 W. Victory Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.D. Presenter: Estimated Time f or P resentation: 0 Title of I tem - F inal P lat for E dgehill No. 2 (H-2019-0063) by T rilogy D evelopment, L L C., L ocated at 1405 W. Victory Rd. C lick Here for A pplication Materials AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 6/7/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 63 of 396 Page 1 HEARING DATE: 6/11/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0063 Edgehill Subdivision No. 2 LOCATION: 1405 W. Victory Rd., in the NW ¼ of Section 25, T.3., R.1W. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 83 building lots and 5 common lots on 25.57 acres of land in the R-4 zoning district. II. APPLICANT INFORMATION A. Applicant: Shawn Brownlee, Trilogy Development, Inc. – 9839 W. Cable Car St., Ste. 101, Boise, ID 83709 B. Owner: Corey Barton – 1977 E. Overland Rd., Meridian, ID 83642 C. Representative: Summer Hirschfield, J-U-B Engineers, Inc. – 250 S. Beechwood Ave., Ste. 201, Boise, ID 83709 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots and common area is the same as shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. A segment of the City’s multi-use pathway system is proposed across the southwest corner of this site along with internal micro-pathways as amenities. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda June 11, 2019 – Page 64 of 396 Page 2 The City Council approved a waiver for the segment of the Sundall Lateral that crosses this site to remain open and not be piped or otherwise covered due to its large capacity in accord with UDC 11- 3A-6A.3. Note: There was a discrepancy in the building lot count for Phase 1 on the application; there were actually 33 building lots approved with that phase, not 34. Lot 11, Block 2 was initially proposed to be a building lot and then was changed to a common lot. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. V. EXHIBITS A. Preliminary Plat (date: 11/5/2015) & Landscape Plan Meridian City Council Meeting Agenda June 11, 2019 – Page 65 of 396 Page 3 Meridian City Council Meeting Agenda June 11, 2019 – Page 66 of 396 Page 4 B. Final Plat (date: 4/19/2019) Meridian City Council Meeting Agenda June 11, 2019 – Page 67 of 396 Page 5 C. Landscape Plan (dated: 12/11/18) Meridian City Council Meeting Agenda June 11, 2019 – Page 68 of 396 Page 6 Meridian City Council Meeting Agenda June 11, 2019 – Page 69 of 396 Page 7 Meridian City Council Meeting Agenda June 11, 2019 – Page 70 of 396 Page 8 D. Overall Open Space Exhibit VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2015-0005, Development Agreement #2016-113890). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Engineer’s signature on the previous phase final plat, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by J-U-B Engineering stamped on 4/19/2019 by Timothy Harrigan, included in Section VII.B shall be revised as follows: Plat Notes (Sheet 11): a. Note #2: Include Lot 26, Block 4 as a common lot. b. Note #5: “. . .without prior approval from the health authority and the City of Meridian.” Meridian City Council Meeting Agenda June 11, 2019 – Page 71 of 396 Page 9 c. Note #9: Include recorded instrument number for ACHD license agreement. d. Note #10 Replace “????(DATE)” and “??? DEPTH” with the appropriate text. e. Add Note: “Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owners association.” Easement Notes (Sheet 11):` f. Note #6: Include recorded instrument number for existing ACHD right -of-way. g. Note #7: Include recorded instrument number for existing ACHD sidewalk easements. Reference Documents (sheet 11): h. Complete information for Surveys and Deeds or delete if not applicable. Face of the Plat: i. Complete the Book and Page information for Edgehill Subdivision No. 1. 5. The landscape plan prepared by Jensen Belts, dated 5/13/19, needs to be revised as follows: a. Depict a minimum of one (1) tree per 100 linear feet of pathway within the 5 feet adjacent to the pathway in Lot 9, Block 6 as set forth in UDC 11-3B-12C. If Williams Pipeline will not allow landscaping within their easement, provide additional width outside of the easement for landscaping. b. A 10-foot wide compacted gravel shoulder meeting the construction standards of ACHD and landscaping (lawn or other vegetative groundcover) is required to be provided along S. Linder Road and W. Victory Road if the unimproved right -of-way is 10 feet or greater from edge of pavement to edge of sidewalk or property line in accord with UDC 11-3B- 7C.5. A license agreement will be required with ACHD for any improvements within the right-of-way. c. Include mitigation calculations on the plan (Sheet L6) in the amount of 53 extra trees at 2” caliper each totaling 106 caliper inches as proposed by the Applicant in accord with the standards listed in UDC 11-3B-10C.5. 6. Future homes constructed in this development shall substantially comply with the conceptual elevations approved with H-2015-0005 included in the Development Agreement. 7. The rear and/or sides of structures on lots that face S. Linder Rd. and W. Victory Rd. (i.e. Lots 22-29, Block 2 and Lots 1-8, Block 6 shall incorporate articulation through changes in material, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 8. A 14-foot wide recreational pathway easement is required to be provided within the Williams pipeline easement for the multi-use pathway. The applicant shall coordinate with Kim Warren, Park’s Department (208-888-3579), on the location of the easement. The easement should be submitted to the Park’s Department for approval by the City Council and subsequent recordation, prior to signature on the final plat by the City Engineer. 9. An encroachment permit is required for any development/improvements within the Williams pipeline easement. All development shall comply with the Williams Gas Pipeline Developers’ Handbook. 10. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. Meridian City Council Meeting Agenda June 11, 2019 – Page 72 of 396 Page 10 B. Public Works Site Specific Conditions: 1. The street lighting plan submitted with the application appears to comply with Meridian City Standards based on a preliminary review. 2. 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. Meridian City Code requires that if a surface or well source is not available, a single-point connection to the culinary water system shall be required. However, at this time the Boise Project Board of Control/ New York Canal Company do not allow these connections. The City of Meridian and the Boise Project/New York Canal, have been in discussions regarding the City’s single point connection requirements. The irrigators understand the need, and have so far been favorable to working out a solution. Since we don’t yet have a final agreement, the applicant shall be required to install the necessary piping for a single point connection (sans backflow prevention) with the construction of the second phase of the subdivision. This will help easily facilitate the connection when/if we get to an agreement with the irrigators. If and when 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. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Meridian City Council Meeting Agenda June 11, 2019 – Page 73 of 396 Page 11 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 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 Meridian City Council Meeting Agenda June 11, 2019 – Page 74 of 396 Page 12 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. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda June 11, 2019 – Page 75 of 396 C�E/rDA IIZ,*-- HO CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 3 E Project File Name/Number: H-2019-0056 Item Title: Final Order for Lost Rapids By GFI — Meridian Investments II, LLC., Located at the SW Corner of W. Chinden Blvd./SH]-20/26 and N. Ten Mile Rd Meeting Notes: r I TEM SHEET C ouncil Agenda I tem - 3.E . Presenter: Estimated Time f or P resentation: 0 Title of I tem - F inal Order for L ost Rapids (H-2019-0056) by G F I - M eridian Investments I I, L L C , L ocated at the S W cor ner of W. Chinden Blvd./S H-20/26 and N. Ten M ile Rd. AT TAC HM E NT S: Description Type Upload D ate O rder Findings/Orders 5/29/2019 E xhibit A E xhibit 5/29/2019 E xhibit B E xhibit 5/29/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 76 of 396 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOST RAPIDS SUBDIVISION H-2019-0056 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 28, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 14 BUILDING LOTS, 1 COMMON LOT AND 1 OTHER LOT ON 36.2 ACRES OF LAND IN THE C-G AND R-40 ZONING DISTRICTS FOR LOST RAPIDS SUBDIVISION BY: GFI – MERIDIAN INVESTMENTS II, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0056 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on May 28, 2019 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING LOST RAPIDS SUBDIVISION, SITUATED IN A PORTION OF THE NORTHEAST ¼ OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: Meridian City Council Meeting Agenda June 11, 2019 – Page 77 of 396 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOST RAPIDS SUBDIVISION H-2019-0056 Page 2 of 3 4/22/2019, by KELLY KEHRER, PLS, SHEET 1 OF 6,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated May 28, 2019, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Kirsti Grabo, KM Engineering, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at Meridian City Council Meeting Agenda June 11, 2019 – Page 78 of 396 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 7 � -ill day of �une, , 2019. By: Tammy de Weerd PEDAU Mayor, City of Meridian Attest: o� = c��ly w „r IDIS IANC' ; IDAHO hri hnson SEAL City Clerk ��tirFp _ ^Slj Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Ckm Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOST RAPIDS SUBDIVISION H-2019-0056 Page 3 of 3 - (i-20�q Page 1 HEARING DATE: 5/28/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0056 Lost Rapids LOCATION: Southwest corner of N. Ten Mile Rd. and W. Chinden Blvd./SH-20/26, in the NE ¼ of Section 27, T.4N., R.1W. I. PROJECT DESCRIPTION Final Plat consisting of 13 building lots, 1 residential building lot, 1 common lot and 1 other lot on 36.2 acres of land in the C-G and R-40 zoning districts for Lost Rapids Subdivision. II.APPLICANT INFORMATION A. Applicant: GFI – Meridian Investments II, LLC – 74 East 500 South, Ste. 200, Bountiful, UT 84010 B. Owners: Costco Wholesale Corporation – 999 Lake Dr., Issaquah, WA 98027 GFI - Meridian Investments II, LLC – 74 East 500 South, Ste. 200, Bountiful, UT 84010 C. Representative: Kelly Kehrer, KM Engineering, LLP – 9233 W. State St., Boise, ID 83714 III.STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the final plat depicts the same number of building lots as shown on the approved preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. All development shall comply with the dimensional standards listed in UDC Table 11-2B-3 for the C- G zoning district in effect at the time of development. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT EXHIBIT A Meridian City Council Meeting Agenda June 11, 2019 – Page 80 of 396 Page 2 IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat (date: 1/12/2018) Meridian City Council Meeting Agenda June 11, 2019 – Page 81 of 396 Page 3 B. Final Plat (date: 4/22/2019) Meridian City Council Meeting Agenda June 11, 2019 – Page 82 of 396 Page 4 C. Landscape Plan (dated: 2/28/19) Meridian City Council Meeting Agenda June 11, 2019 – Page 83 of 396 Page 5 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2018-0004, Development Agreement #2018-07970 (GFI) and #2018-069276 (Costco)]. 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council approval of the preliminary plat (on or before 4/24/2021), or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering stamped on 4/22/2019 by Kelly Kehrer, shall be revised as follows: a. Note #11: Include recorded instrument number. b. Note #12: “. . . easement over drive aisles and parking areas . . .” c. There are two (2) note #15’s on Sheet 4 – the second note #15 should be #16. d. Sheet 1: Include instrument number for right-of-way dedication. e. Sheets 2 and 3: Include recorded instrument numbers for ACHD and City of Meridian easements. f. Depict the street buffer within the residential (R-40 zoned) portion of the development within a common lot maintained by the homeowner’s association in accord with UDC 11-3B-7C.2. 5. The landscape plan prepared by KM Engineering, dated 2/28/19, shall be revised as follows: a. All internal landscaping and the site plan should be shown in a lighter line type; only street buffer improvements should be shown in a dark line type. 6. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the multi-use pathway along W. Chinden Blvd./SH-20/26 prior to City Engineer signature on the final plat; coordinate the details of the easement with Kim Warren, Park’s Department. 7. Up to two (2) building permits for the Costco Wholesale and associated fuel sales facility structures are allowed to be issued on the subject property prior to recordation of the plat. 8. A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division and approved prior to application for building permits. 9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement(s) does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Streetlights for this development will be installed with the ACHD project for Ten Mile Rd. and ITD project for Chinden Blvd. Meridian City Council Meeting Agenda June 11, 2019 – Page 84 of 396 Page 6 2. On Sheet C3.0 of the development plans - Ensure sewer service, serving Lot 9 and immediately upstream of SSMH 5, meets the minimum horizontal separation requirements from proposed SSMH. Sheet C3.0 - Extend 8-inch SS main "to and through", i.e. extend SS main west from SSMH 7 to the property line. Sheet C3.2 - Ensure sewer service, serving Lot 3 and immediately upstream of SSMH 2, meets the minimum horizontal separation requirements from proposed SSMH. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. Meridian City Council Meeting Agenda June 11, 2019 – Page 85 of 396 Page 7 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 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. Meridian City Council Meeting Agenda June 11, 2019 – Page 86 of 396 Page 8 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 avail able, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda June 11, 2019 – Page 87 of 396 From:Kirsti Grabo To:Sonya Allen Cc:Kelly Kehrer; Donna Wilson Subject:RE: Lost Rapids - FP H-2019-0056 Staff Report for May 28th Council Mtg Date:Thursday, May 23, 2019 3:33:47 PM Attachments:image006.png Hi Sonya – We have finished our review of the staff report with our clients and are in agreement with the conditions. Please let us know if you have questions or need anything further. Thanks, Kirsti From: Sonya Allen <sallen@meridiancity.org> Sent: Thursday, May 23, 2019 3:28 PM To: Kirsti Grabo <KGrabo@kmengllp.com> Cc: Kelly Kehrer <Kelly@kmengllp.com>; Donna Wilson <DWilson@kmengllp.com> Subject: RE: Lost Rapids - FP H-2019-0056 Staff Report for May 28th Council Mtg Thanks Kirsti, I forwarded your request to the Clerk. From: Kirsti Grabo <KGrabo@kmengllp.com> Sent: Thursday, May 23, 2019 3:01 PM To: Sonya Allen <sallen@meridiancity.org> Cc: Kelly Kehrer <Kelly@kmengllp.com>; Donna Wilson <DWilson@kmengllp.com> Subject: RE: Lost Rapids - FP H-2019-0056 Staff Report for May 28th Council Mtg Hi Sonya – The team is still reviewing the staff report, but we would like to be placed on consent agenda. We believe we are fine with the conditions, but with the limited time to review, we can’t be 100% certain. Please go ahead and place us on consent agenda for next Tuesday’s meeting and we’ll touch base if any issues arise that will result in pulling us from consent and placing us on the regular agenda. As soon as I get the official “ok” from the rest of the team, I’ll make sure you have it in writing. Thanks! Kirsti From: Sonya Allen <sallen@meridiancity.org> Sent: Thursday, May 23, 2019 11:59 AM To: Kirsti Grabo <KGrabo@kmengllp.com> Cc: Kelly Kehrer <Kelly@kmengllp.com> EXHIBIT B Meridian City Council Meeting Agenda June 11, 2019 – Page 88 of 396 Subject: RE: Lost Rapids - FP H-2019-0056 Staff Report for May 28th Council Mtg From: Sonya Allen Sent: Thursday, May 23, 2019 11:58 AM To: Kelly Kehrer (kelly@kmengllp.com) <kelly@kmengllp.com> Subject: Lost Rapids - FP H-2019-0056 Staff Report for May 28th Council Mtg Attached is the staff report for the proposed final plat for Lost Rapids Subdivision. This item is scheduled to be on the Council agenda on May 28th. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Kelly - Please submit any written response you may have to the staff report to the City Clerk’s office (cityclerk@meridiancity.org) and me as soon as possible. If you’re in agreement with the staff report and send me a response to that effect before 3:00 pm (which doesn’t give you a lot of time, sorry) we can put it on the consent agenda; otherwise, it will be on the regular agenda. Thanks, Sonya Allen | Associate Planner City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 | Fax: 208-489-0578   Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,  in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting Agenda June 11, 2019 – Page 89 of 396 EIDIAN,+-- DAHJ CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 3 F Project File Name/Number: H-2019-0053 Item Title: Final Order for The Keep Subdivision By Jarron Langston, Located at the SW corner of S. Eagle Rd. and E. Lake Hazel Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.F. Presenter: Estimated Time f or P resentation: 0 Title of I tem - F inal Order for T he Keep S ubdivision (H-2019-0053) by J arron L angston, L ocated at the S W corner of S . E agle Rd. and E . L ake Hazel Rd. AT TAC HM E NT S: Description Type Upload D ate O rder Findings/Orders 5/29/2019 E xhibit A E xhibit 5/29/2019 E xhibit B E xhibit 5/29/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 90 of 396 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KEEP SUBDIVISION (H-2019-0053) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 28, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 59 BUILDING LOTS 7 COMMON LOTS ON 53.48 ACRES OF LAND IN THE R-2 ZONING DISTRICT FOR KEEP SUBDIVISION BY: JARRON LANGSTON APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0053 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on May 28, 2019 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING KEEP SUBDIVISION, LOCATED IN THE NE ¼ OF SECTION 5, T.2N., R.1E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: 2/4/19, by LAWRENCE H. KOERNER, PLS, SHEET 1 OF 6,” is conditionally approved subject to those Meridian City Council Meeting Agenda June 11, 2019 – Page 91 of 396 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KEEP SUBDIVISION (H-2019-0053) Page 2 of 3 conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated May 28, 2019, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Jarron Langston, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Meridian City Council Meeting Agenda June 11, 2019 – Page 92 of 396 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the � 1-0 day of Junes , 2019. By: Tammy de Weerd Wojeo AUGUST Mayor, City of Meridian 7 Attest: Q° V 0 Z City Com►'`g�I IV 0 is JoC' o( n y� SEAL 1. -1 ' ity Clerk °Fti \�'' TFthe TR% / Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: �Q Dated: to-11-2.ot q ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KEEP SUBDIVISION (H-2019-0053) Page 3 of 3 EXHIBIT A Page 1 HEARING DATE: 5/28/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0053 Keep Subdivision LOCATION: Southwest corner of S. Eagle Rd. and E. Lake Hazel Rd., in the NE ¼ of Section 5, T.2N., R.1E. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 59 building lots and 7 common lots on 53.48 acres of land in the R-2 zoning district. II. APPLICANT INFORMATION A. Applicant: Jarron Langston – 9563 W. Harness Dr., Boise, ID 83709 B. Owner: Jack Hammond, JHP 2 Inc. – 3728 E. Vantage Pointe, Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. There is one fewer building lot in Block 2 depicted on the final plat than on the approved preliminary plat. Because the number of buildable lots is fewer and the common area is the same as shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat as required. Amenities are proposed as follows: a tot lot with children’s play equipment, a 16’ x 16’ gazebo, enclosed bicycle storage, micro-pathways and 5% additional open space. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda June 11, 2019 – Page 94 of 396 Page 2 IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. V. EXHIBITS A. Preliminary Plat (date: 3/28/2018) Meridian City Council Meeting Agenda June 11, 2019 – Page 95 of 396 Page 3 B. Final Plat (date: 2/4/2019) Meridian City Council Meeting Agenda June 11, 2019 – Page 96 of 396 Page 4 Meridian City Council Meeting Agenda June 11, 2019 – Page 97 of 396 Page 5 C. Landscape Plan (dated: 5/23/19) Meridian City Council Meeting Agenda June 11, 2019 – Page 98 of 396 Page 6 Meridian City Council Meeting Agenda June 11, 2019 – Page 99 of 396 Page 7 Meridian City Council Meeting Agenda June 11, 2019 – Page 100 of 396 Page 8 Meridian City Council Meeting Agenda June 11, 2019 – Page 101 of 396 Page 9 Meridian City Council Meeting Agenda June 11, 2019 – Page 102 of 396 Page 10 D. Amenity Details Meridian City Council Meeting Agenda June 11, 2019 – Page 103 of 396 Page 11 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0043, Development Agreement #2019-031102). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of City Council approval of the preliminary plat (by August 7, 2020), or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Compass Land Surveying stamped on 2/4/2019 by Lawrence H. Koerner, included in Section VII.B shall be revised as follows: a. Correct plat title as follows, “Plat of Keep Subdivision” b. Add note: “Direct lot access to E. Lake Hazel Rd. and S. Eagle Rd. is prohibited”. c. Note #3: Include recorded instrument number. d. Note #6: Change “resubmission” to “re-subdivision” if appropriate. e. Change “W.” Lake Hazel Rd. to “E.” Lake Hazel Rd. f. The street frontage of Lot 4, Block 1 shall be widened to a minimum of 80 feet as set forth in UDC Table 11-2A-4. g. Lots 22, 24-25, Block 2 are restricted to one street access on one frontage, designated by a note on the final plat. h. Include recorded instrument numbers in the Legend on Sheets 1-3. i. There are two different symbols for “Area of Right-of-Way Dedication” noted in the Legend; the symbol depicted on the plat on Sheet 1 along E. Lake Hazel Rd. is different from the symbol depicted on Sheets 2 and 3 for the same area – revise/delete accordingly. j. Include a note for the temporary turnaround easement on Lot 16, Block 1 to terminate at such time as E. Wickham St. is extended to the west and the turnaround is no longer needed. k. Include a note stating that Lots 22-24, Block 3 shall only take access from S. Rosings Pl.; access via E. Bingley Dr. is prohibited. 5. The landscape plan prepared by Stack Rock Group, dated 2/5/19, needs to be revised as follows: a. Include street buffer widths for S. Eagle Rd. and E. Lake Hazel Rd. in calculations table that comply with the standards listed in UDC Table 11-2A-4. b. Change “W.” Lake Hazel Rd. to “E.” Lake Hazel Rd. c. In the Plant Schedule, include caliper size for Crimson King Maple (minimum 2” caliper). d. Depict fencing along the rear of building lots along the Farr Lateral and adjacent to internal common lots in accord with the standards listed in UDC 11-3A-7A.7. 6. The Developer is responsible for constructing a fence to distinguish common from private areas along the rear of building lots abutting the Farr Lateral on Lot 1, Block 3. Meridian City Council Meeting Agenda June 11, 2019 – Page 104 of 396 Page 12 7. A 16’ x 16’ gazebo, children’s play structure, and enclosed bicycle storage shall be provided as amenities for this development. 8. Future homes constructed in this development shall substantially comply with the conceptual elevations approved with H-2018-0043 included in the Development Agreement. 9. The rear and/or sides of structures on lots that face S. Lake Hazel Rd. and S. Eagle Rd. (i.e. Lots 2-6 and 8-12, Block 1; Lots 30-32, Block 2; and Lot 3, Block 3) 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 streets. Single-story structures are exempt from this requirement. 10. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works 1. Site Specific Conditions: 1.1 Please address and incorporate the following street light concerns into the street light plans developed for this project: a. Reserve and utilize correct/current streetlight numbers. b. Six (6) Type 1 streetlights 30' in Height with an 8' mast arm are required on Lake Hazel Road. 30' high davit poles may be used on Lake Hazel to avoid conflicts with overhead power lines. c. Six (6) type 1 streetlights 30' in height with an 8' mast arm are required on Eagle Road Frontage. Two lights on the northern portion and four on the southern. d. All type 1 lights are required to be metered. 2. General Conditions: 2.1 Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 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. 2.3 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. 2.4 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. Meridian City Council Meeting Agenda June 11, 2019 – Page 105 of 396 Page 13 2.5 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. 2.6 The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.7 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.8 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. 2.9 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. 2.10 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. 2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.13 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.15 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. 2.16 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. 2.17 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. Meridian City Council Meeting Agenda June 11, 2019 – Page 106 of 396 Page 14 2.18 Street light plan requirements are listed in section 6-7 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. 2.19 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. 2.20 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.21 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. 2.22 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. 2.23 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. 2.24 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 addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda June 11, 2019 – Page 107 of 396 From:Sonya Allen To:"Jarron Langston" Subject:RE: Keep Sub FP Staff Report REVISED Date:Tuesday, May 28, 2019 9:33:59 AM The code (11-2A-3B.1) states properties with street frontages on cul-de-sacs or at approximately a 90 degree angle shall be a minimum of 30’ measured as a chord measurement. It’s not a cul-de-sac or a 90; I thought you could get another 10’+ from Lot 3 since it’s on a curve and meets the aforementioned requirement for reduced frontage. From: Jarron Langston <jarronlangston@gmail.com> Sent: Friday, May 24, 2019 5:23 PM To: Meridian City Clerk <MeridianCityClerk@meridiancity.org>; Sonya Allen <sallen@meridiancity.org> Subject: Re: Keep Sub FP Staff Report REVISED Sonya, Tried calling but got your Vm. My engineer just called and re-read the conditions and On the Condition 4 f. With the 80’ of frontage on that curve we asked Josh Specifically and he told us it would be the same frontage requirement as in a culdesac or knuckle of 30’. Can you look into this again? The current frontage should meet the requirement. Thanks and Enjoy the Long Weekend! Jarron On Fri, May 24, 2019 at 1:02 PM Jarron Langston <jarronlangston@gmail.com> wrote: City Clerk of Meridian, Good afternoon! We are in agreement with the conditions of approval contained in the staff report attached. Please let me know if you need anything else from me or our team? Thank you Sonya for your work in getting this done! Jarron Langston Commercial Leasing and Development BOISE, IDAHO C: 208-724-6239 jarronlangston@gmail.com Check out Boise!!! EXHIBIT B Meridian City Council Meeting Agenda June 11, 2019 – Page 108 of 396 https://youtu.be/XRhGeau8RlE https://youtu.be/ykdPMjEXx5s City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-888-4433 www.meridiancity.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. -- Jarron Langston Commercial Leasing and Development Commercial Real Estate BOISE, IDAHO C: 208-724-6239 jarronlangston@gmail.com Check out Boise!!! https://youtu.be/XRhGeau8RlE
 https://youtu.be/ykdPMjEXx5s Meridian City Council Meeting Agenda June 11, 2019 – Page 109 of 396 EIDIANDAHO .,*-- CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 3 G Project File Name/Number: H-2019-0042 Item Title: Findings of Fact, Conclusions of Law for Bainbridge Southeast By Brighton Investments. LLC. Located on the West Side of N. Ten Mile Rd. 1/2 mile South of W. Chinden Blvd./SH-20-26. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.G. Presenter: Estimated Time f or P resentation: 0 Title of I tem - F indings of F act, C onclusions of L aw for Bainbridge S outheast (H-2019-0042) by B righton Investments, L L C ., L ocated on the West side of N. Ten M ile Rd. 1/2 mile S outh of W. C hinden B lvd./S H-20/26 AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 5/29/2019 E xhibit A E xhibit 5/29/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 110 of 396 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0042 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Preliminary Plat Consisting of 21 Building Lots and 7 Common Lots on 5.25 Acres of Land in the R-8 Zoning District for Bainbridge Southeast Subdivision, by Brighton Investments, LLC. Case No(s). H-2019-0042 For the City Council Hearing Date of: May 28, 2019 (Findings on June 11, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 28, 2019, 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 June 11, 2019 – Page 111 of 396 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0042 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 28, 2019, 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 preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 28, 2019, 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). 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 May 28, 2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 112 of 396 By action of the City Council at its regular meeting held on the day of %1 j jYjP-, , 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED \ COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED_ kyn COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy de Weer �P -i ED AUGC, t Attest: Qa , o� w = Cily of � E IDIANf=--1 IOAHO on A Je ty Clerk y�F SEAL 4 Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By;C h"iUDated: CO Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0042 - 3 - L�Ui n bridge �,vtkkhe�.�} EXHIBIT A Page 1 HEARING DATE: May 28, 2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0042 Bainbridge Southeast LOCATION: West side of N. Ten Mile Rd., approximately ½ mile south of W. Chinden Blvd./SH 20-26 I. PROJECT DESCRIPTION Preliminary plat consisting of 21 building lots and 7 common lots on 5.25 acres of land in the R-8 zoning district for Bainbridge Southeast Subdivision. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 5.25 Future Land Use Designation MDR (3-8 units/acre) Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Single-family residential (SFR) Current Zoning R-8 Proposed Zoning NA Lots (# and type; bldg/common) 21 building/7 common Phasing plan (# of phases) 1 Number of Residential Units (type of units) 21 SFR units Density (gross & net) 4.0 gross/6.84 net Open Space (acres, total [%] / buffer / qualified) 0.60 of an acre (11.43%) Amenities None in this phase Meridian City Council Meeting Agenda June 11, 2019 – Page 114 of 396 Page 2 Physical Features (waterways, hazards, flood plain, hillside) NA Neighborhood meeting date; # of attendees: January 16, 2018; 11 attendees History (previous approvals) AZ-05-001 (DA #109061598); PP-05-002; CUP-05-002 (PD); PP-13-011; H-2016-0115 (MI- McMullen Lateral easement) Meridian City Council Meeting Agenda June 11, 2019 – Page 115 of 396 Page 3 B. Community Metrics Description Details Page Ada County Highway District  Staff report (yes/no) No  Requires ACHD Commission Action (yes/no) No Fire Service  Distance to Fire Station 2.1 miles from Fire Station #2  Fire Response Time 4 minutes under ideal conditions  Resource Reliability 81% from Fire Station #2 – does not meet the target goal of 85% or greater  Risk Identification 1 – Current resources would be adequate to supply service to this project  Accessibility Project does not meet all required access, road widths and turnarounds; a turnaround is required that meets those in Appendix D of the 2015 IFC; the knuckle is too small to be used as a turnaround, a minimum radius of 48’ is needed  Special/resource needs An aerial device is not required; the closest truck company is 13 minutes travel time (under ideal conditions) – Fire Dept. can’t meet this need in the required timeframe if a truck company is required (this fire station is 6.1 miles away); in the event of a structure fire, an additional truck company will be required.  Water Supply Requires 1,000 gallons per minute for 1 hour Wastewater  Distance to Sewer Services 0  Sewer Shed North Black Cat Trunkshed  Estimated Project Sewer ERU’s See application information  WRRF Declining Balance 13.66  Project Consistent with WW Master Plan/Facility Plan Yes  Impacts/Concerns No concerns, flows already committed. Water  Distance to Water Services 0-feet  Pressure Zone 1  Estimated Project Water ERU’s See application information  Water Quality No concerns  Project Consistent with Water Master Plan Yes  Impacts/Concerns Bainbridge No. 9 infrastructure must be complete and accepted to enable service to this development. Meridian City Council Meeting Agenda June 11, 2019 – Page 116 of 396 Page 4 C. Project Maps III. APPLICANT INFORMATION A. Applicant: Brighton Investments, LLC – 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713 B. Owner: Same as Applicant C. Representative: Mike Wardle, Brighton Corporation – 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda June 11, 2019 – Page 117 of 396 Page 5 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 4/14/2019 5/10/2019 Radius notification mailed to properties within 300 feet 4/9/2019 5/7/2019 Public hearing notice sign posted on site 4/18/2019 5/18/2019 Nextdoor posting 4/9/2019 5/7/2019 V. STAFF ANALYSIS Comprehensive Plan (https://www.meridiancity.org/compplan): This property is designated Medium Density Residential (MDR) on the City’s Future Land Use Map (FLUM) contained in the Comprehensive Plan. The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 units per acre. Single-family residential detached homes are proposed at a gross density of 4.0 units/acre consistent with the MDR designation. A. PRELIMINARY PLAT The proposed preliminary plat consists of 21 building lots and 7 common lots on 5.25 acres of land in the R-8 zoning district for Bainbridge Southeast Subdivision. This subdivision will be included in the Homeowner’s Association for the larger Bainbridge Subdivision and will have access to the same common areas and site amenities. The subject property was previously part of the preliminary plat (PP-13-011) for Bainbridge Subdivision and was to be the final phase of development. The reason for submittal of a new preliminary plat is that the number of buildable lots proposed in this phase, in additional to those in previous phases, would have exceeded the total number approved with the preliminary plat making the final plat not in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C. See the Applicant’s narrative for more information. Existing Structures/Site Improvements: There are no existing structures on this site. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 district. Phasing Plan: The subdivision is proposed to develop in one (1) phase. Access (UDC 11-3A-3, 11-3H-4): Access is proposed for the development via internal local streets to be constructed with Phase 9 of Bainbridge Subdivision. A public stub street is proposed to the adjacent 2.5 acre parcel to the north (Parcel #S0427142323) for future extension and access for that parcel. No access is proposed via N. Ten Mile Rd. Staff recommends the right-of-way for N. Fairborn Ave. is shifted to the east so that it touches Parcel #S0427142323 in a width adequate for the construction of a public street; or, right-of-way is dedicated for a stub street to the out-parcel. This is necessary because Meridian City Council Meeting Agenda June 11, 2019 – Page 118 of 396 Page 6 without a public street connection to Fairborn for the out-parcel, the cul-de-sac length will exceed the maximum of 450’ allowed by UDC 11-6C-3B-4. Parking (UDC 11-3C): Off-street parking is required to be provided for single-family detached dwellings as set forth in UDC Table 11-3C-6. Pathways (UDC 11-3A-8): No pathways are proposed with this development. Sidewalks (UDC 11-3A-17): Sidewalks are required to be constructed adjacent to all public streets as set forth in UDC 11-3A- 17. Detached sidewalks are proposed throughout the development in accord with UDC standards except for along S. Double Eagle Ln., the stub street to the north where attached sidewalks are proposed. Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11 -3A- 17E. Eight-foot wide parkways are proposed as shown on the landscape plan in accord with UDC standards. Class II trees are proposed within the parkways in accord with UDC standards. Landscaping (UDC 11-3B): Street buffer landscaping is required to be provided as set forth in UDC Table 11-2A-6 for the R-8 district in accord with the standards listed in UDC 11-3B-7C. A 35-foot wide buffer is required along N. Ten Mile Rd., an arterial street and entryway corridor; a street buffer in excess of UDC standards is proposed. Qualified Open Space (UDC 11-3G): A minimum of 10% (or 0.53 of an acre) qualified open space is required to be provided for the single-family residential portion of the development based on 5.25 acres of land per the standards listed in UDC 11-3G-3B. A qualified open space exhibit was submitted as shown in Section VII.C that depicts 0.60 of an acre (or 11.43%) of qualified open space in excess of UDC standards consisting of parkways along all internal local streets, except for along S. Double Eagle Ln., and common area in excess of 50’ x 100’ in area. Qualified Site Amenities (UDC 11-3G): A minimum of one (1) qualified site amenity is required to be provided for the development based on 5.25 acres of land per the standards listed in UDC 11-3G-3C. The Applicant is not proposing any amenities with this subdivision but requests that the second community pool and playground that was constructed in Phase 9, directly to the west of this site, be allowed to count toward the amenity required with this subdivision. Because this project will be included in the Bainbridge HOA and additional site amenities above the minimum required were provided in Bainbridge Subdivision, Staff is amenable to the Applicant’s request. Waterways (UDC 11-3A-6): No waterways cross this site. Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. Fencing is not depicted on the landscape plan. Meridian City Council Meeting Agenda June 11, 2019 – Page 119 of 396 Page 7 The developer is required to construct fencing abutting pathways and common open space lots in residential areas to distinguish common from private areas; therefore, the landscape plan should depict fencing accordingly. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII.B below for Public Works comments/conditions. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for each lot within the development. A 20-foot wide gravity irrigation easement is depicted on the plat along the southern boundary of the site. This is for the over-flow coming out of Hero’s Park that conveys irrigation water through and to the Bainbridge property. The Applicant has a water right that is delivered through this overflow and is combined with the McMullen and Harrell Laterals to provide the irrigation water for Bainbridge. The Applicant received Council approval in 2016 for the McMullen Lateral to be located within adjacent building lots rather than in a common lot (H-2016-0115). Staff recommends that approval be honored with this preliminary plat without further application. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the proposed single-family dwellings as shown in Section VII.D, consistent with those constructed in previous phases of Bainbridge Subdivision. VI. DECISION A. Staff: Staff recommends approval of the proposed Preliminary Plat per the conditions included in Section VIII in accord with the Findings in Section IX. B. The Meridian Planning & Zoning Commission heard these items on May 2, 2019. At the public hearing, the Commission moved to recommend approval of the subject PP request. 1. Summary of Commission public hearing: a. In favor: Mike Wardle, Brighton Corporation b. In opposition: None c. Commenting: None d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by Commission: a. The provision of a site amenity in the common area near the cul-de-sac. 4. Commission change(s) to Staff recommendation: a. Add a requirement for the provision of a site amenity such as a bench/seating area in the common area on Lot 10, Block 32 (see condition #A.2c in Section VIII). Meridian City Council Meeting Agenda June 11, 2019 – Page 120 of 396 Page 8 5. Outstanding issue(s) for City Council: a. Applicant requests approval of a waiver to UDC 11-3A-6D to allow an existing 20-foot wide irrigation easement along the southern boundary of the site to be located within adjacent building lots as previously approved with the preliminary plat for Bainbridge Subdivision (H-2016-0115). C. The Meridian City Council heard these items on May 28, 2019. At the public hearing, the Council moved to approve the subject PP request. 1. Summary of the City Council public hearing: a. In favor: Jon Wardle, Brighton Corporation b. In opposition: None c. Commenting: None d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Joe Bongiorno 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by City Council: a. The request for a waiver to UDC 11-3A-6D to be allowed to include an existing 20’ wide irrigation easement along the southern boundary of the site within adjacent building lots rather than in a separate common lot; b. Discussion pertaining to the best way to let future homeowner’s know there is an irrigation easement on their property when a waiver to UDC 11-3A-6D is approved and inclusion of such information in the application for the request. 4. City Council change(s) to Commission recommendation: a. City Council approved the Applicant’s request for a waiver to UDC 11-3A-6D. Meridian City Council Meeting Agenda June 11, 2019 – Page 121 of 396 Page 9 VII. EXHIBITS A. Preliminary Plat (dated: 3/15/19 5/7/19) REVISED B. Landscape Plan (date: 5/17/2019) REVISED Meridian City Council Meeting Agenda June 11, 2019 – Page 122 of 396 Page 10 Meridian City Council Meeting Agenda June 11, 2019 – Page 123 of 396 Page 11 C. Qualified Open Space Exhibit (dated: 3/27/19 5/22/19) REVISED Meridian City Council Meeting Agenda June 11, 2019 – Page 124 of 396 Page 12 D. Conceptual Building Elevations: Meridian City Council Meeting Agenda June 11, 2019 – Page 125 of 396 Page 13 Meridian City Council Meeting Agenda June 11, 2019 – Page 126 of 396 Page 14 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. The preliminary plat included in Section VII.A, shall be revised as follows: a. Shift the right-of-way for N. Fairborn Ave. to the east across Lot 13, Block 30 so that it touches Parcel #S0427142323 in a width adequate for the construction of a public street; or, dedicate right-of-way for a stub street to the out-parcel. 2. The landscape plan included in Section VII.B shall be revised as follows: a. Depict fencing on building lots adjacent to common open space lots to distinguish common from private areas as set forth in UDC 11-3A-7A.7. b. Reconfigure the lot/right-of-way configuration per condition #1a above. c. Depict a site amenity such as a bench/seating area in the common area on Lot 10, Block 32. City Council approved a waiver to UDC 11-3A-6D to allow the existing 20-foot wide irrigation easement along the southern boundary of the site to be located within adjacent building lots rather than in a separate common lot. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 Applicant shall be required to enter into a Future Installation Agreement and fund one Type 1 streetlights on Ten Mile Road. Contact the Meridian Transportation and Utility Coordinator for more information. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of 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 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide 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 Meridian City Council Meeting Agenda June 11, 2019 – Page 127 of 396 Page 15 note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 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. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any 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. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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 June 11, 2019 – Page 128 of 396 Page 16 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. 2.19 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. 2.20 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. 2.21 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. 2.22 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. 2.23 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. C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/165008/Page1.aspx D. POLICE DEPARTMENT No comments were received E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) No comments were received F. SETTLER’S IRRIGATION DISTRICT http://weblink.meridiancity.org/weblink8/0/doc/165339/Page1.aspx http://weblink.meridiancity.org/WebLink8/PDF/v0ytj055glm4vgynydegsxy1/50/Settlers%20- %20Bainbridge%20Southeast.pdf Meridian City Council Meeting Agenda June 11, 2019 – Page 129 of 396 Page 17 G. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/165348/Page1.aspx H. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=165007&dbid=0 I. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/164960/Page1.aspx J. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=167949&dbid=0 IX. FINDINGS Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City’s CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Meridian City Council Meeting Agenda June 11, 2019 – Page 130 of 396 CE IDIANIZC-- � J CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 3 H Project File Name/Number: H-2019-0035 Item Title: Findings of Fact, Conclusions of Law for Wagner Farms By PD Larson & Co., Located at 3240 W. Chinden Blvd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.H. Presenter: Estimated Time f or P resentation: 0 Title of I tem - F indings of F act, C onclusions of L aw for Wagner Farms (H-2019-0035) by P D L arson & Co., Located at 3240 W. Chinden Blvd. AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 5/31/2019 E xhibit A E xhibit 5/31/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 131 of 396 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0035 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Comprehensive Plan Map Amendment to change the land use designation from Low Density Residential to Commercial, and Annexation and Zoning from the RUT zoning district to a C-C (Community Business) zoning district on 2.46 acres of land for the future addition of a convenience store and fuel sales facility to an existing farmers market, by PD Larson & Co. Case No(s). H-2019-0035 For the City Council Hearing Date of: May 28, 2019 (Findings on June 11, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 28, 2019, 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 Meridian City Council Meeting Agenda June 11, 2019 – Page 132 of 396 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0035 - 2 - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 28, 2019, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a comprehensive plan map amendment, and annexation and zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 28, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 28, 2019. Meridian City Council Meeting Agenda June 11, 2019 – Page 133 of 396 By action of the City Council at its regular meeting held on the 2019. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Tammy de Weerd Q�RATEU AUc(i Attest: 4 s C vor W C-�►'[ E jDIgIV� p�Hp Chris SO �^ SEAL 0" day of !one, , VOTED_ Ave V OTED� VOTED A, VOTED VOTED N� Q VOTED �P V OTED__\— Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By; OWADated: (.p City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0035 -3 - WOT)er FArmg EXHIBIT A Page 1 HEARING DATE: 5/28/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0035 Wagner Farms LOCATION: 3240 W. Chinden Blvd., in the SE ¼ of the SE ¼ of Section 22, Township 4N., Range 1W. I. PROJECT DESCRIPTION An amendment to the Comprehensive Plan Future Land Use Map to change the land use designation on 2.46 acres of land from Low Density Residential to Commercial; and Annexation and zoning of 2.46 acres of land from the RUT (Rural to Urban Transition) zoning district to a C-C (Community Business) zoning district for the future addition of a convenience store and fuel sales facility to the existing farmers market. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 2.46 Future Land Use Designation Low Density Residential (LDR) Existing Land Use Produce market (Wagner Farms) Proposed Land Use(s) Expansion of produce market and convenience store with fuel sales facility Current Zoning RUT Proposed Zoning C-C Neighborhood meeting date; # of attendees: 8/1/2018; 19 attendees History (previous approvals) N/A Meridian City Council Meeting Agenda June 11, 2019 – Page 135 of 396 EXHIBIT A Page 2 B. Community Metrics Description Details Page Ada County Highway District  Staff report (yes/no) Not in ACHD ROW; no comment  Requires ACHD Commission Action (yes/no) Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Access proposed via W. Chinden Blvd. (State Hwy) Traffic Level of Service Existing Arterial Sidewalks / Buffers No existing sidewalk; applicant proposes to install a 10-foot multi-use pathway along W. Chinden Blvd. Fire Service  Distance to Fire Station +/- 1.3 miles from Fire Station No. 5  Fire Response Time 3 minutes (under ideal conditions)  Resource Reliability 77% (does not meet target goal of 85% or greater)  Risk Identification 3=commercial  Accessibility Project meets all required road widths and turnarounds.  Special/resource needs Project will not require an aerial device. In the event of a hazmat event, mutual aid will be required.  Water Supply 1500 gal./minute for 2 hours required  Other Resources Police Service  Distance to Police Station 7.5 miles  Police Response Time 6 minutes (2 minutes higher than average response time in Meridian)  Calls for Service Between 1/1/2018-12/31/2018 PD responded to 100 calls for service within a mile of the proposed development.  % of calls for service split by priority See PD comments in Section VIII. D  Accessibility No issues with proposed access.  Specialty/resource needs None  Crimes 20  Crashes 9  Other Reports The applicant shall make every attempt to mitigate sound, odor, light trespass and litter to surrounding neighborhoods. MPD would like to see pathway/sidewalks to connect with surrounding neighborhoods and SpurWing Golf Course. Wastewater  Distance to Sewer Services 0-feet  Sewer Shed North Black Cat Trunkshed  Estimated Project Sewer ERU’s See Application Information  WRRF Declining Balance 13.66  Project Consistent with WW Master Plan/Facility Plan Yes  Impacts/Concerns Water  Impacts/Concerns This proposed development is within Suez Water’s service area. Meridian City Council Meeting Agenda June 11, 2019 – Page 136 of 396 EXHIBIT A Page 3 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant: PD Larson & Co. 855 S. Calhoun Place Star, ID 83669 B. Owner: Rod and Debra Wagner 3240 W. Chinden Blvd. Meridian, ID 83646 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda June 11, 2019 – Page 137 of 396 EXHIBIT A Page 4 C. Representative: Becky McKay Engineering Solutions, LLP. 1029 N. Rosario St. #100 Meridian, ID 83642 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 4/12/2019 5/10/2019 Radius notification mailed to properties within 300 feet 4/9/2019 5/7/2019 Radius notification published on 4/18/2019 5/18/2019 Nextdoor posting 4/9/2019 5/7/2019 V. STAFF ANALYSIS The applicant requests a Comprehensive Plan Map Amendment (CPAM) to change the land use designation on 2.46 acres of land from Low Density Residential (LDR) to Commercial; and, Annexation & Zoning of 2.46 acres of land from RUT to the C-C zoning district. The proposed annexation area is contiguous to City annexed property to the south and east, and is within the Area of City Impact Boundary. A legal description for the annexation area is included in Section VII.A. 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 Section VIII. A. Future Land Use Map Designation (CPAM) (https://www.meridiancity.org/compplan) Current Land Use Designation: Low Density Residential (LDR) – LDR designated areas allow for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three (3) dwelling units or less per acre. The site is currently zoned RUT in Ada County and operates as the Wagner Farms produce market. Proposed Land Use Designation: Commercial - The intent of the commercial designation is to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. The applicant is proposing a comprehensive plan map amendment to change the land use designation from LDR to Commercial to allow for an expansion of the existing produce market use and the construction of a convenience store and fuel sales facility. Wagner Farms has been in operation since 1982 and has been a well-utilized and valued market throughout its existence. The surrounding area has grown considerably since its establishment and the market has become even more of a neighborhood amenity to many of the residents in the area. Recognizing the growth in the area, the Wagners had planned to sell the property and were inundated with requests from customers and residents in the area to keep their business open. The Meridian City Council Meeting Agenda June 11, 2019 – Page 138 of 396 EXHIBIT A Page 5 Wagners decided to stay at their current location and wish to expand in a manner that will not only be consistent with the history of the area but will complement the current character of the area. Further, an expansion of the site will support Comprehensive Plan Goal 3.05.02, “Maintain integrity of neighborhoods to preserve values and ambiance of areas”. Wagner Farms has been a staple in the area and will continue to be such with the proposed expansion. The proposed facility will continue to serve surrounding residential neighborhoods and will provide a variety of fresh and local food items as well as the opportunity to fuel vehicles when needed. There is resounding support from the surrounding community for the subject application, over 450 residents in the area signed a petition in support of the proposed expansion. Staff is of the opinion that the requested annexation with the C-C zoning district and proposed development is consistent with the proposed Commercial FLUM designation for this site and is appropriate for this site. The proposed development supports various Comprehensive Plan goals, will maintain historic character to preserve a part of Meridian’s roots, and is widely supported by the surrounding community. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan):  “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking and biking distance of residential dwellings.” (2.01.01C) Provision of services within walking and biking distance of several neighborhoods north of W. Chinden Blvd. will allow residents to access food and necessary items without requiring use of a vehicle. Added pedestrian micropathways, as recommended by staff, will increase the walkability of surrounding communities with the proposed development.  “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) Services to this area are available and can be reasonably provided since the MFD and MPD are already servicing the area.  “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 proposed development includes pedestrian connectivity along W. Chinden Blvd. in accord with the Pathways Master Plan, however, an opportunity to connect surrounding residences and the golf course to the east is possible. Additional micropathways to the east and west would increase pedestrian connection and would aid in creating a neighborhood amenity, making it even more consistent with City Code.  “Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (e.g., landscaping, fences, etc.) (3.05.02A) The applicant has made a concerted effort to maintain the “farm feel” of the original Wagner Farms property through the design of the building, landscaping and planned operations. Additionally, in an effort to maintain compatibility with surrounding uses, the applicant is working with the resident to the north of the subject site to install fencing to mitigate any impact accompanying the planned expansion.  “Provide housing options close to employment and shopping centers.” (3.07.02D) This site is intended to be utilized as a neighborhood market and convenience store for surrounding neighborhoods and the adjacent golf course. Since the site is adjacent to W. Chinden Blvd. and the entrance will align with the Ten Mile Rd. intersection improvements, it will provide a convenient option for commuters to stop in and purchase ite ms on their way to Meridian City Council Meeting Agenda June 11, 2019 – Page 139 of 396 EXHIBIT A Page 6 and from work. The expansion of Wagner Farms may also provide additional employment and shopping opportunities to surrounding residents and could alleviate the necessity to drive a vehicle to find such services. C. Existing Structures/Site Improvements: The site has been utilized as a produce market with associated out-buildings since 1982; there are also two (2) existing residences on the site. The applicant is proposing to remove the existing homes and produce barn to accommodate the proposed convenience store and produce market. D. Proposed Use Analysis: The proposed produce market and convenience store are classified as a “retail store” and the fuel center a “Fuel Sales Facility” in accord with UDC 11-1A-1. If the CPAM request is approved, all aforementioned uses are listed as principal permitted uses in the C-C district per UDC Table 11- 2B-2. Hours of operation within the C-C zoning district are 6 AM-11 PM; the applicant is proposing to operate the market, convenience store and fuel facility within those hours of operation, fuel pumps will not be operable outside of business hours. E. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the specific use standards listed in UDC 11-4-3-20, Fuel Sales Facility. A. General standards: 1. When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy more than twenty five percent (25%) of the subject property. The proposed fuel sales facility will not encompass more than 25% of the overall site. The applicant has also integrated fuel pump canopies into the design of the building and relocated pumps to the east of the site to mitigate any related noise or visual nuisance to surrounding neighbors. 2. The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20'). The applicant’s design is in compliance with this requirement; height and dimensions shall be further specified with the CZC and DES application. 3. Vehicle stacking lanes shall be available on the property but outside the fueling areas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right- of-way by patrons. Such stacking lanes shall be separate from areas required for access and parking. The stacking lanes shall not be located within ten feet (10') of any abutting residential districts. Vehicle stacking lanes have been provided approximately 120-feet from the access point to W. Chinden Blvd. A 29-foot drive aisle has been provided to the east of fuel pumps to allow traffic to bypass fuel pumps if occupied. Staff recommends the applicant consider installing wayfinding and directional signage to increase effective circulation and to alleviate potential stacking and obstruction of the main entrance. 4. If the use is unattended, the standards in accord with section 11-3A-16 of this title shall also apply. The use will not be operational outside of normal business hours (6 AM-11 PM), so will not be unattended. F. Dimensional Standards (UDC 11-2): This development is subject to the C-C zoning district dimensional standards in UDC Table 11- 2B-3. The applicant is proposing a 25-foot landscape buffer to the adjacent residential use to the Meridian City Council Meeting Agenda June 11, 2019 – Page 140 of 396 EXHIBIT A Page 7 north and is coordinating with the homeowner to install a wall to further mitigate related noise and/or light. G. Access (UDC 11-3A-3, 11-3H-4): The subject site currently has two (2) access points to W. Chinden Blvd./SH-20/26; the applicant is proposing to close the westerly access point to provide one (1) access to the site. The applicant coordinated with ITD in realigning the easterly access point when the Ten Mile Rd. intersection improvements and signal were installed to align with the future outside turn lane at Ten Mile Rd. Part of the proposed access is to be constructed on the adjacent property to the east. The applicant shall submit written documentation from the adjacent property owner stating agreement to allow construction of the driveway as shown. H. Parking (UDC 11-3C): Off-street parking is required to be provided on the site in accord with the standards listed in UDC 11-3C-6B per the dimensions shown in Table 11-3C-5. In commercial districts, a minimum of one (1) vehicle space is required for every 500 square feet of gross floor area. Bicycle parking is also required to be provided at one space for every 25 proposed vehicle spaces in accord with the standards listed in UDC 11-3C-5C. Based on the overall square footage of the structures proposed (i.e. 12,459 square feet), a minimum of 25 vehicle spaces and one (1) bicycle parking spaces are required to be provided. A total of 61 vehicle spaces are proposed in excess of UDC standards. The site plan does not include bicycle parking and shall be modified to comply with the aforementioned standards with CZC and DES application submittal. I. Pathways ( UDC 11-3A-8): A segment of the City’s multi-use pathway system (sidewalk) exists along the southern boundary of this site adjacent to W. Chinden Blvd. in accord with the Pathways Master Plan. A detached 10-foot wide multi-use pathway within a public use easement and pedestrian lighting and landscaping is required to be provided within the street buffer along W. Chinden Blvd. in accord with the standards listed in UDC 11-3H-4C.3. The applicant has located the 10-foot multi- use pathway at the northern part of the required 30-foot ITD easement. The proposed landscape plan is deficient one (1) perimeter tree along W. Chinden Blvd., the landscape plan submitted with the CZC and DES application shall be modified to comply with the aforementioned standards. In accord with Comprehensive Plan Action Item #3.07.02C and in an effort to increase pedestrian connectivity to the adjacent subdivisions to the west and to the SpurWing golf course to the east, staff recommends the applicant provide two (2) additional micropathways. Meridian City Council Meeting Agenda June 11, 2019 – Page 141 of 396 EXHIBIT A Page 8 J. Landscaping (UDC 11-3B): Landscaping is required to be provided with development in accord with the standards listed in UDC 11-3B. Street buffers are required to be provided along all streets as set forth in UDC Table 11-2B-3 and landscaped per the standards listed in UDC 11-3B-7C. A 35-foot wide street buffer is required along both US 20-26/W. Chinden Blvd. an entryway corridors. The applicant has provided a 38- foot landscape buffer including the City’s 10-foot multi-use pathway. Per UDC-3B-7C-3.b, the applicant shall provide one (1) tree per 35 linear feet; the proposed landscape plan is short one (1) tree along the southern perimeter of the site. The landscape plan shall be modified to reflect these standards. A 25-foot wide buffer to residential uses is required to be provided with development on the C-C zoned properties in accord with the standards listed in UDC 11-3B-9C. The concept plan depicts a buffer with landscaping between the subject site and the residential use to the north of the site. The applicant is working with the property owner to the north to determine height and location of fencing to further buffer the commercial use. The buffers should facilitate pedestrian access from the residential to the commercial development in accord with UDC 11-3B-9C.3. Parking lot landscaping will be required internally within the site in accord with the standards listed in UDC 11-3B-8C with development. The front plant islands flanking the pathway to the front entrance shall be revised to a minimum 50 square feet and landscaped with one (1) tree in accord with UDC 11-3B-8C-2.a or an alternative compliance request shall be submitted with CZC and DES application. The current site plan depicts the removal of existing trees from the subject site. The submitted site plan does include information regarding mitigation, however, if the applicant has not already done so, they shall contact Elroy Huff, City Arborist, at 888-3579 to confirm mitigation requirements prior to removal of any trees on the site. K. Fencing (UDC 11-3A-6, 11-3A-7): A 6- or 8-foot tall masonry screen wall is proposed along the north boundary adjacent to the residential use. The applicant is currently working with the property owner to the north to determine placement, height and material to be used. A detail of proposed masonry wall along with placement shall be submitted with the CZC and DES application. L. Utilities (UDC 11-3A-21): Connection to City sewer services is required. Suez Water will supply water. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII-B Below for Public Works comments/conditions. M. Pressurized Irrigation (11-3A-15) An underground pressurized irrigation system is required to be provided within the development as set forth in UDC 11-3A-15. Meridian City Council Meeting Agenda June 11, 2019 – Page 142 of 396 EXHIBIT A Page 9 N. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. O. Structure and Design Standards (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the produce market and convenience store as shown in Section VII.B. The proposed building is approximately 12,459 square-feet, proposed materials and architectural character is intended to reflect the “country barn” feel of the original building and site. Final design of the structure shall be consistent with the design standards listed in the Architectural Standards Manual for commercial districts. Parking lots for properties greater than 2 acres in size should not have more than 50% of the total off-street parking area for the site located between the building façade and the abutting streets; as an alternative, the parking area should be screened by berms, landscaping, walls, architectural elements or a combination of these elements to produce an appropriate buffer adjacent to public spaces and roadways as set forth in UDC 11-3A-19B.3. Slightly more than 50% of required on- site parking is located between the building and W. Chinden Blvd. However, the applicant is proposing to install trees, shrubs and vegetative groundcover within a 38-foot landscape buffer to mitigate the expanse of paved area. Traffic calming measures should be provided where vehicle circulation is directed in front of the building entries and around the east part of the site where fuel pumps are proposed to be located. A continuous internal pedestrian walkway that is a minimum of 5 feet in width is required to be provided from the perimeter sidewalk to the main building entrance(s) and be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. P. Certificate of Zoning Compliance and Design Review A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of a building permit application. Plans submitted with these applications should comply with UDC standards and the design standards in the Architectural Standards Manual. VI. DECISION A. Staff: The legal description submitted with the annexation application shows the boundaries of the property contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The proposed development supports goals within the Comprehensive Plan, is widely supported by the surrounding community, and by maintaining its original historic character will preserve the ambience and character of the area. If approved, the proposed facility will continue to serve surrounding residential neighborhoods by providing fresh fruit, vegetables and other products and services within walking distance. For these reasons, staff recommends approval of the proposed CPAM and AZ applications with the requirement of a Development Agreement per the provisions in Section VII. Meridian City Council Meeting Agenda June 11, 2019 – Page 143 of 396 EXHIBIT A Page 10 B. The Meridian Planning & Zoning Commission heard these items on May 2, 2019. At the public hearing, the Commission moved to recommend approval of the subject CPAM and AZ requests. 1. Summary of Commission public hearing: a. In favor: Becky McKay, Applicant’s Representative; Mike Wardle, Brighton Corporation b. In opposition: Denise LaFever, (in opposition to amount of traffic and change of FLUM outside of Comp. Plan update, not project in general); c. Commenting: Becky McKay, Applicant’s Representative; Mike Wardle, Brighton Corporation; Denise LaFever; d. Written testimony: None e. Staff presenting application: Stephanie Leonard f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. Deceleration lane and future expansion of Chinden Blvd. with Costco development; b. Change from low density residential to commercial land use outside of current Comprehensive Plan update; 3. Key issue(s) of discussion by Commission: a. Deceleration lane, ITD requirements, amount of anticipated traffic; b. Micropathway requirement and pedestrian connectivity to the east and west; 4. Commission change(s) to Staff recommendation: a. Modify condition 8.c. to strike the requirement to extend a micropathway to the east. 5. Outstanding issue(s) for City Council: a. None C. The Meridian City Council heard these items on May 28, 2019. At the public hearing, the Council moved to approve the subject CPAM and AZ requests. 1. Summary of the City Council public hearing: a. In favor: Becky McKay, Applicant’s Representative; b. In opposition: Denise LaFever (in opposition to fuel pumps); c. Commenting: Becky McKay, Applicant’s Representative; Denise LaFever; d. Written testimony: None e. Staff presenting application: Stephanie Leonard f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. Inclusion of fuel pumps in project, associated noise and traffic; 3. Key issue(s) of discussion by City Council: a. Ten-foot multi-use pathway and ITD easement; b. Number and location of fuel pumps; 4. City Council change(s) to Commission recommendation: a. None Meridian City Council Meeting Agenda June 11, 2019 – Page 144 of 396 EXHIBIT A Page 11 VII. EXHIBITS A. Existing and Proposed Future Land Use Map Designation Meridian City Council Meeting Agenda June 11, 2019 – Page 145 of 396 EXHIBIT A Page 12 B. Annexation and Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda June 11, 2019 – Page 146 of 396 EXHIBIT A Page 13 Meridian City Council Meeting Agenda June 11, 2019 – Page 147 of 396 EXHIBIT A Page 14 C. Site/Landscape Plan (date: 2/13/2019) Meridian City Council Meeting Agenda June 11, 2019 – Page 148 of 396 EXHIBIT A Page 15 D. Building Elevations Meridian City Council Meeting Agenda June 11, 2019 – Page 149 of 396 EXHIBIT A Page 16 Meridian City Council Meeting Agenda June 11, 2019 – Page 150 of 396 EXHIBIT A Page 17 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. A CZC and DES application will not be accepted until the DA has been 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 Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: 1. Future development of this site shall be generally consistent with the concept plan and building elevations included in Section VII and the provisions contained herein. 2. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 3. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for approval of all future buildings/uses on the site, prior to applying for a building permit. 4. The applicant shall comply with the Fuel Sales Facility standards set forth in UDC 11-4- 3-20. 5. The existing homes and produce barn shall be removed upon development of the site. 6. Business hours of operation in the C-C zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours of operation may be requested through a conditional use permit as set forth in UDC 11-2B-3A.4. 7. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 8. The site/landscape plan submitted with the CZC and DES application shall include the following: a. The applicant shall install wayfinding and directional signage to increase effective circulation and to alleviate potential stacking and obstruction of the main entrance. b. Depict masonry fencing and location proposed along northern boundary adjacent to the residential use. c. Depict micropathways connecting to the west and east. Submit a revised concept plan with CZC and DES application. d. Add one (1) tree within the street landscape buffer adjacent to W. Chinden Blvd. e. Modify site plan to include 1 bike parking space for every 25 vehicle parking spaces. Meridian City Council Meeting Agenda June 11, 2019 – Page 151 of 396 EXHIBIT A Page 18 f. Modify the front planter islands along the pathway to the front entrance to a minimum 50 square feet and landscape with one (1) tree in accord with UDC 11- 3B-8C-2a or submit a request for alternative compliance with the CZC and DES application. g. Provide written documentation regarding construction of the eastern portion of the driveway with the CZC and DES application. h. The applicant shall confirm mitigation requirements with Elroy Huff, the City Arborist prior to removal of any existing trees. 9. The applicant shall submit written documentation from the adjacent property owner stating agreement to allow construction of the driveway as shown. 10. Prior to Certificate of Occupancy, the applicant shall submit a public access easement for a multi-use pathway connecting east-west across the project site, north of the SH 20/26 right-of-way, to the Planning Division for Council approval and subsequent recordation. The easement 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. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 Applicant shall be required to connect to the existing sanitary sewer system. 1.3 Suez Water will be providing water service to the proposed site. 2 General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of 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 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. 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 be dedicated using the City of Meridian’s standard forms. 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. All easements must be submitted, reviewed, and approved prior to development plan approval. Meridian City Council Meeting Agenda June 11, 2019 – Page 152 of 396 EXHIBIT A Page 19 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. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any 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. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District prior to applying for building permits. 2.10 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.11 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. 2.12 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. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.17 The 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. Meridian City Council Meeting Agenda June 11, 2019 – Page 153 of 396 EXHIBIT A Page 20 2.18 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. 2.19 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. 2.20 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/164169/Page1.aspx D. POLICE DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/165239/Page1.aspx E. PARKS AND RECREATION DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/165533/Page1.aspx F. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/161948/Page1.aspx Meridian City Council Meeting Agenda June 11, 2019 – Page 154 of 396 EXHIBIT A Page 21 IX. FINDINGS A. Comprehensive Plan Map Amendment Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. City Council finds that the proposed changes to the Future Land Use Map are consistent with elements of the Comprehensive Plan as detailed in Section VI above. b. The proposed amendment provides an improved guide to future growth and development of the city. City Council finds that the proposal to modify the Future Land Use Map to allow for commercial uses on this site will be compatible with existing uses in the area and will provide services to surrounding residential uses as W. Chinden Blvd. is expanded and the area continues to grow. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. City Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. City Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. City Council finds the proposed amendment will be compatible with adjacent existing and future residential and commercial uses. f. The proposed amendment will not burden existing and planned service capabilities. City Council finds that the proposed amendment will not burden existing and planned service capabilities in this area of the city. Sewer and water services exist and will be extended to this property. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. City Council finds the proposed commercial use of this property is consistent with the proposed map amendment, will not significantly impact existing and future development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections V and VI and the subject findings above, City Council finds that the proposed amendment is in the best interest of the City if the applicant enters into a development agreement to allow for the proposed zoning and future commercial use of the property. Meridian City Council Meeting Agenda June 11, 2019 – Page 155 of 396 EXHIBIT A Page 22 B. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall,at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to annex and develop the subject 2.46 acre property with C-C zoning consistent with the Commercial designation. (See section V above for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds the proposed map amendment and development complies with the purpose statement of the commercial districts in that it will provide for a neighborhood serving commercial use consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed commercial use should be compatible with adjacent existing and future residential uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and City services are available to be provided to this development. Additionally, the Meridian Fire and Police Departments currently serve this area. 5. The annexation (as applicable) is in the best interest of city. City Council finds the proposed annexation is in the best interest of the City with the conditions in Section VIII of this report. Meridian City Council Meeting Agenda June 11, 2019 – Page 156 of 396 CjEQ/IDIZIAN?- CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 3 I Project File Name/Number: H-2019-0042 Item Title: Modified Development Agreement Timber Creek Recycling For L&G Murgoitio, LLC (Owner/ Developer) for Timber Creek Recycling. Located at 6575 S. Locust Grove Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.I . Presenter: S onya Allen Estimated Time f or P resentation: 0 Title of I tem - M odified Development Agreement for L &G M urgoitio, L L C (O wner/D eveloper) for T imber C reek Recycling (H-2018-0042), L ocated at 6575 S . Locust Grove Rd. Modified Development A greement between the C ity of Meridian and L &G Murgoitio, L L C for Timber C reek Recycling AT TAC HM E NT S: Description Type Upload D ate Modif ied D A - L &G Murgoitio, L L C Cover Memo 6/6/2019 E xhibit A - L egal D escription E xhibit 6/5/2019 E xhibit B E xhibit 6/5/2019 E xhibit C E xhibit 6/5/2019 E xhbiit D E xhibit 6/5/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 157 of 396 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 5 8 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 5 9 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 6 0 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 6 1 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 6 2 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 6 3 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 6 4 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 6 5 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 6 6 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 6 7 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 6 8 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 6 9 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 7 0 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 7 1 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 7 2 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 7 3 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 7 4 o f 3 9 6 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 J u n e 1 1 , 2 0 1 9 – P a g e 1 7 5 o f 3 9 6 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. Date: Date: l0 ^ � �- 2o1 OWNER/DEVELOPER: L & G Murgoitio, LLC CITY OF MERIDIAN: By: Mayor Tammy De Weerd Rp,TED AUG ATTEST: Qo CIO/� r E ' IDIAN*--- I NO City SEAL 1P� MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2018-0042 - Page 19 STATE OF IDAHO ) ss. County of Ada ) �QFl On this G-{ day of , 2019 before me a Notary Public in and for said State, personally appeared L_i h Q 0 known or identified to me to be the manager or a member of L & G Murgoitio, LL'C-, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �`\\0111II uY////,/ `A, MSI O%VO ii o�NOT-Ry��2 "IJBLIG ��i '•.49951,..•' � � �` OF STATE OF IDAHO ) ss. County of Ada ) Notary Pul 1 or I ' Residing at G My commission expires On this t \-�l day of �U Qe , 2019, before me, a Notary Public, personally appeared Tammy De Weerd and C hri 5 :Tohmon known or identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY COMMISSION #67390 Notary Public or Idaho, NOTARY PUBLIC Residing at STATE OF IDAHO My commission expires 3 - 23 -2b2 Z MY COMMISSION EXPIRES 3128/22 MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2018-0042 - Page 20 EXHIBIT A ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO L & G MURGOITIO, LLC - PARCEL NO. 1 A parcel located in the E Y of the SE X of Section 6, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE % of the SEX, from which an aluminum cap monument marking the northeasterly corner of the SE X of said Section 6 bears N 004'44" W a distance of 2655.72 feet; Thence N 8921'59" W along the southerly boundary of said E % of the SE X a distance of 1323.88 feet to the southwesterly corner of said E X of the SE X; Thence N 002'17" W along the westerly boundary of said E % of the SE X a distance of 2655.45 feet to the northwesterly corner of said E % of the SE X; Thence S 8922'37" E a distance of 1321.98 feet to an aluminum cap monument marking the northeasterly corner of said E % of the SE %; Thence S 0°0444" E along the easterly boundary of said E % of the SE X a distance of 2655.72 feet to the POINT OF BEGINNING. This parcel contains 80.64 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Meridian City Council Meeting Agenda June 11, 2019 – Page 178 of 396 EXHIBIT A ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO L & G MURGOITIO, LLC — PARCEL 2 A parcel located in the NE % of Section 5, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the northwesterly corner of said NE %, from which a 5/8 inch diameter iron pin marking the southwesterly corner of said NE % bears S 001'18" W a distance of 2674.72 feet; Thence S 001'19" W along the westerly boundary of said NE % a distance of 1854.47 feet to a 5/8 inch diameter iron pin; Thence leaving said westerly boundary S 7830'02" E a distance of 191.66 feet to a 5/8 inch diameter iron pin; Thence N 43000'20" E a distance of 108.41 feet to a 5/ 8 inch diameter iron pin; Thence N 68036'37" E a distance of 694.84 feet to a 5/ 8 inch diameter iron pin; Thence S 4602'31" E a distance of 379.56 feet to a 5/8 inch diameter iron pin; Thence S 6459'20" E a distance of 64.46 feet to a 5/8 inch diameter iron pin; Thence N 022'35" W a distance of 32.24 feet to a point on the centerline of the Farr Lateral; Thence along said centerline the following described courses: Thence N 49°5959" W a distance of 27.38 feet to a point; Thence N 22°30'26" W a distance of 1518.71 feet to a point; Thence N 2512'16" W a distance of 135.17 feet to a point; Thence a distance of 153.61 feet along the arc of a 200.00 foot radius curve left, said curve having a central angle of 4400'19" and a long chord bearing N 47012'25" W a distance of 149.86 feet to a point; Page 1 of 2 Meridian City Council Meeting Agenda June 11, 2019 – Page 179 of 396 Thence N 69°12'35" W a distance of 194.76 feet to a point; Thence leaving said centerline N 000'01" E a distance of 104.32 feet to a 5/8 inch diameter iron pin on the northerly boundary of said NW %; Thence N 89°56'47" W along said northerly boundary a distance of 287.51 feet to the POINT OF BEGINNING. This parcel contains 32.22 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated October 13, 2015 Page 2 of 2 Meridian City Council Meeting Agenda June 11, 2019 – Page 180 of 396 EXHIBIT A SKETCH TO ACCOMPANY ANNEXA TION DESCRIPTION FOR THE CITY OF MERIDIAN L OCA TED IN THE E 1/2 OF THE SE 1/4 OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO CE 1/16 1/4 S 89 22'37" E 1321.98' Q SCALE: l`--400' C7 h VLBcGMURGOIT/O, LLC PARCEL 1 N h h N N SE 1/16 S 1/16 N O o O O Z COLUMBIA ROAD 6 5 E 1/16 N 89 21 '59" W 1323.88' 7 8 LA Np POINT OF BEGINNING ONPL G\ST ER G o -c a 5082 CIVIL SURVEY CONSULTANTS, INC. Io/Il f-o 2893 SOUTH MERIDIAN ROAD r£OF P FNHK. MERIDIAN, IDAHO 83642 BENNE 208)888-4312 Meridian City Council Meeting Agenda June 11, 2019 – Page 181 of 396 EXHIBIT A SKETCH TO ACCOMPANY ANNEXA TION DESCRIPTION FOR THE CITY OF MERIDIAN L OCA TED IN THE NE 1/4 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 1/4 N 89 5647" W POINT OF 287.51 ' • 1110 E 1/16 BEGINNING SCALE- I" JOO' oL&G MURGOIT/O, LLC N N o ^ PARCEL 2 0 L NPL LAND ms G\ST,FR G k oma. 5082 0, "r£ of oP Al s \ lFNN K. BENNE 69. 84 N 68.36,3 0"' + \ L-5 L-4 C, • V N LINE DATA ro LINE BEARING DISTANCE L-1 S 78'30'02" E 191.66' CIVIL SURVEY CONSULTANTS, INC. L-2 N 43'0020" E 108.41' C 1/4 • 2893 SOUTH MERIDIAN ROAD L-3 S 645920" E 64.46' L-4 N 0'2235" W 32.24' MERIDIAN, IDAHO 83642 L-5 N 49'5959" W 27.38' 208)888-4312 L-6 N 25'12'16" W 135. 17' L-7 N 69'1235" W 1 194.76' L-8 N 0'00'01 " E I 104.32' CURVE DATA CURVE DELTA RADIUS ARC TANGENT CHORD CHORD BRNG. C-1 44'0019" 1 200.00 1 153.61 80.82 149.86 N 47'1225" WMeridian City Council Meeting Agenda June 11, 2019 – Page 182 of 396 CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER – FILE NO(S). H-2018-0042 - 1 - CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for Timber Creek Recycling to Add a Commercial Composting Component to Current Business Operations on the Site, by Michael Murgoitio. Case No(s). H-2018-0042 For the City Council Hearing Dates of: June 5 and 19, July 17, September 18, November 7 and 20, 2018 (Findings of Fact and Conclusions of Law adopted on December 4, 2018; modified Findings of Fact and Conclusions of Law adopted on March 19, 2019) A. Findings of Fact 1. Hearing Facts: a. Following proper notice, on July 17, and September 18, 2018, the Meridian City Council held a public hearing on a request to modify the development agreement. Following the public hearing, giving consideration to public testimony, the Staff’s recommended denial of the application, and the record before it, the Council approved the request with one change to the provisions proposed by the Applicant (to section 6.8.2, Development of Adjacent Property, changing “grinding machine” to “processing area”) (see Exhibit A, Memorandum and Proposed Amended Development Agreement for the hearing date of September 18, 2018, incorporated by reference). b. Prior to the conclusion of the hearing on September 18, 2018, the Meridian City Council requested another public hearing be scheduled for Staff to prepare proposed conditions of approval and to allow Staff, the Applicant, and the public the opportunity to review and comment upon them. c. Following proper notice, on November 7 and 20, 2018, the Meridian City Council held a public hearing for the sole purpose of reviewing and considering Staff conditions of approval see Exhibit B, Memorandum and Staff recommended added/modified DA provisions for the hearing date of November 7, 2018, incorporated by reference). d. At the conclusion of the November 20, 2018 hearing, the Meridian City Council voted to close the public hearing and continue the matter to December 4, 2018, for the sole purpose of allowing the Meridian City Council to make sure the language of the conditions of approval as discussed during the public hearing were clear and understandable and met the Council’s intent. e. Following proper notice, on December 4, 2018, having heard public testimony and giving due consideration to the record before it, the Meridian City Council approved the Development Agreement Modification Provisions as presented and the Findings of Fact, Conclusions of Law for Timber Creek Recycling H-2018-0042 (see Exhibit C, Findings of Fact, Conclusions Meridian City Council Meeting Agenda March 19, 2019 – Page 418 of 652 EXHIBIT B Meridian City Council Meeting Agenda June 11, 2019 – Page 183 of 396 CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER – FILE NO(S). H-2018-0042 - 2 - of Law and Decision & Order and Development Agreement Modification Provisions for the hearing date of December 4, 2018, incorporated by reference). f. On December 18, 2018, pursuant to MCC 1-7-10, two Requests for Reconsideration were timely filed: (1) Request for Reconsideration by attorney Joshua Leonard on behalf of clients; and (2) Request for Reconsideration by attorney Mark Perison on behalf of clients. g. Following proper notice, on February 5, 2019, the Meridian City Council held a hearing on the two Requests for Reconsideration and ordered the Findings to be modified by Staff and scheduled for final review by City Council at a future date. h. Following proper notice, on March 19, 2019, the Meridian City Council reviewed and approved the Modified Findings of Fact, Conclusions of Law for Timber Creek Recycling H- 2018-0042 as presented. 2. Process Facts: a. The City Council finds that the parties have fully complied with all applicable notice and hearing provisions. b. A public hearing is required before the City Council on this matter, pursuant to UDC section 11-5B-3(F) and Idaho Code section 67-6511A. c. Newspaper notifications published on: May 18, June 1, August 31, and October 26, 2018 d. Radius notices mailed to properties within 1,000 feet on: May 10 and 25, August 24, and October 19, 2018 e. Next Door published on: May 11 and 29, August 28, and October 23, 2018 f. Applicant posted notice on site by: July 6, and October 29, 2018 3. Application and Property Facts: a. Site Address/Location: The site is located at 7695 S. Locust Grove Road, in the southeast ¼ of Section 6, Township 2N., Range 1E. b. Existing Land Use(s): An agricultural based wood, grass, leaves, and sheetrock, recycling business currently operates on this property in the R-4 zoning district; on-site recycled processed materials are applied to the farming and dairy operations on the property and/or sold wholesale as identified in the DA, as identified in the original development agreement DA”) as approved by the City of Meridian on January 26, 2016 and recorded on January 27, 2016, (see Exhibit D, January 26, 2016 DA, incorporated by reference). c. Character of Surrounding Area and Adjacent Land Use and Zoning: The properties around this site consist of rural residential and agricultural land zoned R-4 in the City, and RUT & RR in Ada County. d. History of Previous Actions: This property was annexed in 2015 as part of the South Meridian annexation application (H-2015-0019). The January 26, 2016 DA was required as a provision of annexation, recorded as Instrument No. 2016-007075. At the time of annexation, Meridian City Council Meeting Agenda March 19, 2019 – Page 419 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 184 of 396 CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER – FILE NO(S). H-2018-0042 - 3 - the Applicant was operating a recycling business on this site in Ada County; the existing use was allowed to continue with annexation into the City under the terms described in the January 26, 2016 DA. No change in the uses specified in the DA are allowed without modification of the agreement (see Exhibit D, Section 4.2). e. Summary of MDA Request (H-2018-0042): To add a commercial composting component to Timber Creek Recycling’s current recycling business by adding food waste and garden waste to its allowed uses: recycled materials on site; marketing and sale of processed recycling materials, including by not limited to mulch, compost, bark, playground chips, sand, and stone; setting hours of operation, and other conditions relating to noise, odor, and dust abatement, landscaping, limiting truck deliveries and processing activities. f. Conditions of Approval: See Exhibit C, Development Agreement Modification Provisions for the hearing date of December 4, 2018, incorporated by reference. g. The Modified Development Agreement (see Exhibit E) incorporates all conditions of approval of MDA request H-2018-0042, and shall replace the January 26, 2016 DA in its entirety. h. Owner: L & G Murgoitio LLC 6575 S. Locust Grove Rd. Meridian, ID 83642 i. Applicant: Michael Murgoitio 2623 S. Hillis Place Meridian, ID 83642 j. Representative: Same as Applicant B. Conclusions of Law 1. The City of Meridian exercises herein 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. This approval is subject to compliance with all provisions of the modified development agreement, which are incorporated herein by reference. The conditions in the modified development agreement are concluded to be reasonable and the applicant shall meet such requirements as specific conditions of approval. 4. Neither Idaho Code section 67-6511A, nor UDC section 11-5B-3(F) require specific findings of fact in order to permit modification of a development agreement; rather, these provisions require compliance with notice and hearing provisions. Meridian City Council Meeting Agenda March 19, 2019 – Page 420 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 185 of 396 CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER – FILE NO(S). H-2018-0042 - 4 - 5. A development agreement is a voluntary contract between two parties. The City is specifically authorized by Idaho Code § 67-6511A to enter into, and modify, development agreements. C. Decision and Order: Pursuant to the City Council’s authority as provided in Idaho Code section 67- 6511A and UDC section 11-5B-3(F), and based upon the above Modified Findings of Fact and Conclusions of Law which are herein adopted, it is hereby ordered that the request for a modification to the January 26, 2016 DA is hereby approved. D. Notice of Applicable Time Limits: When approved, the modified development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the City Council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. 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. Meridian City Council Meeting Agenda March 19, 2019 – Page 421 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 186 of 396 By action of the City Council at its regular meeting held on the day of 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED \ f COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED YC4 COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Zy,c Tam;my d O QORATEDq o M E I# 04 14N SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: j IM-IQW Dated: City Clerk's Office CITY OF MERIDIAN MODIFIED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER — FILE NO(S). H-2018-0042 - 5 - Meridian City Council Meeting Agenda June 11, 2019 – Page 187 of 396 September 11, 2018 MEMORANDUM TO: Mayor and City Council CC: City Clerk, City Attorney FROM: Bill Parsons, Planning Supervisor RE: Timber Creek Recycling Update (H-2018-0042) September 18th, City Council Meeting On July 17th, City Council continued the Timber Creek Recycling development agreement modification MDA) application. The purpose of the continuance was to allow the applicant time to further refine their request based on items that were discussed during the public hearing. A comprehensive list of the items discussed was to be incorporated into a modified strike-through and underline format of the original development agreement for Council’s consideration. Items to be addressed are as follows: 1. Increase in the number of vehicle trips, specifically truck traffic; 2. Removal of the retail component (This was an item discussed during the hearing however; the applicant has included a request to keep the retail component with further parameters on the use); 3. Limit the size of the facility to a 39 acre site; 4. Limit the hours of operation; 5. Secure approvals from DEQ, CDHD and the applicable Irrigation District; 6. Submit a revised concept plan detailing the operations of the site which is incorporated into the amended development agreement; 7. Submit sound study, odor plan and fire/emergency plan; 8. Define term limits of the recycling use; 9. Further define the type of materials that are being exported, stored and composted on the site and stating the intended uses of said materials; and 10. Minimize impacts to adjacent neighbors (e.g. installation of mufflers on specific equipment, installation of landscaping, restricting the height of the stored materials and monitoring complaints associated with the recycling activities). Meridian City Council Meeting Agenda September 18, 2018 – Page 308 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 423 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 188 of 396 On September 6, 2018, a revised amended development agreement was submitted for Council and the public to review as part of the public record. Because of the controversy surrounding this project, the City also sent notices to the property owners within 1000 feet of the property and those property owners that testified during the public hearing. This same list was sent to the applicant to use to schedule the neighborhood meeting so the applicant could discuss the proposed changes. Per the applicant’s representative, a new neighborhood meeting was held on September 5, 2018 and some minor revisions were incorporated in the draft document as a result of that meeting. In summary, staff believes the applicant has adequately captured the items that were discussed at the public hearing in the revised document. Although the applicant has further defined the operational characteristics if the use is to expand and proposed additional mitigating measures, staff still has concerns with the expansion of the recycling facility (industrial nature of the use) in a residential district. Therefore, staff recommends the Council deny the request for the reasons as previously stated in the staff report for the hearing date of July 17, 2018. Meridian City Council Meeting Agenda September 18, 2018 – Page 309 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 424 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 189 of 396 AMENDED DEVELOPMENT AGREEMENT -1 55663.0002.10635510.1 55663.0002.11338988.1 AMENDED DEVELOPMENT AGREEMENT PARTIES: 1.City of Meridian 2.L & G Murgoitio, LLC THIS AMENDED DEVELOPMENT AGREEMENT (this “Agreement”), is made and entered into this______ day of ______________,2018, by and between the City of Meridian, a municipal corporation of the State of Idaho, hereafter called “City”, and L&G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called “Owner/ Developer.” 1.RECITALS: 1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit “A”, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the “Property”; and 1.2 WHEREAS, Timber Creek Recycling, LLC (“ Timber Creek”) has operated, does operate, and will operate a processing facility on the Property;and 1.3 1.2WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A- 2(E)provides that said written commitments may be modified with the permission of the governing board;and 1.5 1.3WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code UDC”), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property (“Application”)requesting a designation of Medium-Low Density Residential District (R-4 District) under the UDC and generally describing how the Property will be used, developed and what improvements will be made; and 1.6 WHEREAS, the City and the Owner/Developer negotiated terms and conditions into that certain Development Agreement, dated January 26, Meridian City Council Meeting Agenda September 18, 2018 – Page 333 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 425 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 190 of 396 AMENDED DEVELOPMENT AGREEMENT -2 55663.0002.10635510.1 55663.0002.11338988.1 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho (“Original Agreement”); and 1.5 WHEREAS, this Agreement was negotiated and signed prior to any public hearings, but the final approval of the Agreement was subsequent to the annexation process and public hearings and final approval of the Application; and 1.7 1.6WHEREAS, the City and the Owner/Developer have attempted to negotiate terms and conditions into this Agreement to amend the Original Agreement to clarify the uses permitted under the Original Agreement, to allow for the continued use of the Property in the same manner and fashion that existed at the time of annexation until such time as and described the permitted future uses of the Property is developed or re- developed; and 1.8 1.7WHEREAS, the City and the Owner/Developer agree to negotiate in good faith and seek resolution to any conditions or circumstances that exist at the time of annexation that are still necessary to continue the same use or manner of the Property until development or re-development and were not included in this Agreementexisted at the time the Original Agreement and this Agreement were approved and executed that are necessary for the continued and future use of the Property; and 1.9 1.8WHEREAS, the Owner/Developer, the City, Timber Creek, and others made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to thecurrent and proposed uses of the Property and how the Property may be developed, if any,at this time or in the future; and 1.9 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the Property held before the Planning &Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City’s planning jurisdiction; and 1.10 WHEREAS, the Meridian City Council, on the ____ day of ___________, 20___2018, approved certain Findings of Fact and Conclusions of Law and Decision and Order (“Findings”), which have been incorporated into this Agreement and attached as Exhibit “B”and have been accepted by Owner/Developer and Timber Creek; and 1.11 WHEREAS, the Findings require the Owner/Developer to enter into this Agreement before the City Council takes final action on annexation and zoning designation; and Meridian City Council Meeting Agenda September 18, 2018 – Page 334 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 426 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 191 of 396 AMENDED DEVELOPMENT AGREEMENT -3 55663.0002.10635510.1 55663.0002.11338988.1 1.12 WHEREAS, the Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily; and 1.13 WHEREAS, the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property after annexation and future development of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in the UDC. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2.INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3.DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L &G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s) of the Property. 3.3 SITE/PROPERTY: means and refers to that certain parcel(s) of property located in the County of Ada, City of Meridian as described in Exhibit A”describing the parcels to be re-zoned R-4 (Medium-Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. Meridian City Council Meeting Agenda September 18, 2018 – Page 335 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 427 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 192 of 396 AMENDED DEVELOPMENT AGREEMENT -4 55663.0002.10635510.1 55663.0002.11338988.1 3.4 DEVELOPMENT/REDEVELOPMENT:means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additional or different demand and/or need for public facilities or services after annexation, except as otherwise permitted herein. Notwithstanding the foregoing, the construction of structures necessary for Timber Creek to continue its operation on the Property, now or in the future, shall not constitute development or redevelopment of the Property. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 4.USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property after annexation shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City’s Zoning Ordinance codified in the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Any existing and future written agreements for the collection, disposal, or maintaining of solid waste in pursuance of an agreement with the City’s solid waste franchisee may remain until such time that the Property is developed in the future.. 4.4 Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future. The Property maintains a livestock business and operation. All existing uses and operation on the Property relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future. . 4.5 The Property will have an exemption to Meridian City Code 6-3-10, Firearms; Dischargeable Instruments,until such time that the Property is developed in the future. 4.6 Any use constituting an “agricultural operation”, as defined in Idaho Code 22-4502 until such time the Property is developed in the future. 4.7 Currently stored or maintained on the Property: farm equipment, vehicles registered and unregistered), and excess organic and/or inorganic material necessary for the agricultural operation of the propertyProperty. Such items may include but not be limited to weed spray, gasoline, diesel, Meridian City Council Meeting Agenda September 18, 2018 – Page 336 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 428 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 193 of 396 AMENDED DEVELOPMENT AGREEMENT -5 55663.0002.10635510.1 55663.0002.11338988.1 wood, compost, fertilizers and the like in quantities not usually found in urban residential properties. Such storage may remain in the current condition at the time of annexation the adoption of this Agreement until such time that the Property develops in the future. future.. 4.8 Operate Timber Creek Recycling on the Property portion of the Property Recycling Property”)outlined on the site plan (“Site Plan”) attached hereto as Exhibit “C”and incorporated herein, as is currently conducted or may be conducted in the future, whether under the name of Timber Creek Recycling or another name or entity. The following outlines the primary activities, but not all activities, related to the operation or future operation of Timber Creek Recycling on the Property: 5. Operation of Timber Creek Recycling . As set forth in Section 4.8 of this Agreement, Timber Creek is specifically permitted to continue operation s on the Recycling Property. The following outlines the primary activities, but not all activities, related to Timber Creek’s operation or proposed operation on the Recycling Property: 5.1 Delivery of Recycled Materials. Timber Creek Recycling receives or may receive the following materials (collectively “Recycled Materials”)for Recycling Activities (defined below): 5.1.1 Wood. Wood is and will be delivered to the Recycling Property from the Ada County Landfill , Republic Services and other sources. 5.1.2 Grass. Grass clipping clippings are and will be delivered to the Recycling Property from Republic Services and other sources of grass clippings. Leaves. Leaves are and will be delivered to the Property from the Ada County Landfill and other sources of leaves. 5.1.3 Leaves. Leaves are and will be delivered to the Recycling Property from the Ada County Landfill and other sources. 5.1.4 Sheetrock.Sheetrock and/or gypsum is and will be delivered to the Recycling Property from Republic Services and other sources of sheetrock. 5.1.5 Food Waste. Food waste will be delivered to the Recycling Property from Republic Services and other sources. 5.1.6 Garden Waste.Food Garden waste will be delivered to the Recycling Property from Republic Services and other sourcesand other sources. Bio Solids. Bio solids will be delivered to the (f) Property from and other sources. Meridian City Council Meeting Agenda September 18, 2018 – Page 337 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 429 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 194 of 396 AMENDED DEVELOPMENT AGREEMENT -6 55663.0002.10635510.1 55663.0002.11338988.1 Demolition Debris. Demolition debris will be (g) delivered to the Property from and other sources. 5.1.7 Other Materials. Owner/Developer Timber Creek is allowed to accept other materials to recycle which are of the same category as the materials identified in Sections 4.8.1(a) 5. 1.1 through 4.8.1(g) 5. 1.6 or are intended for agricultural uses . 5.2 Recycling Activities. Owner/Developer Timber Creek is entitled to accept, process, utilize and sell the Recycled Materials on the Recycling Property (“Recycling Activities”). For purposes of clarity, but not limitation, the following are examples of the Recycling Activities which are permitted on the Recycling Property: Wood. Wood is ground, screened and stored on the (a) Property until used for bedding. Grass. Grass is utilized as feed for livestock, as a (b) soil amendment, and for other agricultural use on the Property. Leaves. Leaves are processed and used on the (c) Property as soil amendment. Prior to processing, the leaves are store in piles on the Property. Owner /Developer will comply with requirements from the Idaho Department of Environmental Quality, if any, in preventing substantial numbers of leaves from being blown off of the Property. Sheetrock. Sheetrock is ground with wood and (d) stored on the Property until used for bedding or soil amendment. Composting. Owner/Developer may utilize any or (e) all of the Recycling Materials for a commercial composting operation on the Property.In the composing process, Owner/Developer may utilize any equipment necessary for the composing process. Other Activities. Owner/Developer may engage in (f) other activities relating to the operation of Timber Creek Recycling and utilize any or all of the Recycling Materials as deemed appropriate by Owner/Developer, provided, however, that all any such use shall be in accordance with applicable laws and regulations. Said other activities include, but are not limit to: Meridian City Council Meeting Agenda September 18, 2018 – Page 338 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 430 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 195 of 396 AMENDED DEVELOPMENT AGREEMENT -7 55663.0002.10635510.1 55663.0002.11338988.1 5.2.1 Grinding. Grinding of any Recycled Materials and the use of The Recycling Materials may be ground and transported from the Recycling Property for animal bedding, soil amendment, other agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties.In the grinding process, Timber Creek may use loaders and excavators and other necessary equipment to perform such grinding;. 5.2.2 Screeningb.Screening. Screening .The Recycling Materials, before and after processing, may be screened. Screening of any Recycled Materials may including the use of conveyors, trommels, hopper boxes, air systems, loaders and another other equipment necessary to screen the Recycled Materials; c.Windrowing. Windrowing Recycled Materials and the use of windrow turns and other equipment necessary to windrow the Recycled Materials; d.Crushing. Crushing asphalt and concrete, including the use of a crusher and other equipment necessary to crush asphalt and concrete; and 5.2.3 Feed. The Recycling Materials may be processed and transported from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on the Recycling Property or to third parties. 5.2.4 Composting. The Recycling Materials may be composted on the Recycling Property and transported from the Recycling Property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. 5.2.5 Storing of Recycling Materials. The Recycled Materials, both before and after processing, may be stored on the Recycling Property and on the balance of the Property. e.MiscellaneousMiscellaneous. Engaging . Engage in any the following as part of the Recycling Activities: loading and unloading of trucks; use of watering truckson the Recycling Property and as part of the Recycling Activities; use of loaders, graders, tractors (with implements), fork lifts, and other heavy equipment, Recycling Activities and preparation and maintenance of the Recycling Property for the Recycling Activities; erection and use of a weather station; modification of the Recycling Property for the Recycling Activities, including leaching ponds and berms; use of air compressors, generators, tarps for covering of Recycling Materials, and bagging systems. Other Materials. Owner/Developer will process and utilize any additional recyclable materials on the Property in a reasonable manner. Meridian City Council Meeting Agenda September 18, 2018 – Page 339 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 431 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 196 of 396 AMENDED DEVELOPMENT AGREEMENT -8 55663.0002.10635510.1 55663.0002.11338988.1 5.2.7 Other Activities. Timber Creek may engage in other activities relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as deemed appropriate by Timber Creek, provided, however, that any such use shall be in accordance with applicable laws and regulations governing such activities. 5.3 Related Activities. In addition to the Recycling Activities, Owner/Developer Timber Creek may engage in uses on the Recycling Property that are related to, support,or are in furtherance of the Recycling Activities (“Related Activities”). For purposes of clarity, but not limitation, the following are examples of the Related Activities: 5.3.1 (a)Truck Parking. Owner/Developer Timber Creek may park trucks used for delivery, removal and/or processing of Recycled Materials on the Recycling Property. 5.3.2 Equipment. Owner/Developer Timber Creek may place, operated, maintain, repair, relocate and remove any equipment, fixtures and personal prope rty onto and from the Recycling Property in order to engage in the Recycling Activities. 5.3.3 Compliance with DEQ, Department of Agriculture and Central District Health Department. Timber Creek may take any action to : Comply with conditions imposed on it by the Department (a) of Environmental Quality, the Department of Agriculture or the Central District Health Department relating to the Recycling Materials or the Recycling Activities ; Comply with the rules and regulations relating to the (b) Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by the Department of Environmental Quality, the Department of Agriculture or theCentral District Health Department ; and Cure or correct deficiencies or issues identified by the (c) Department of Environmental Quality, the Department of Agriculture or the Central District Health Department . 5.3.4 Marking Marketing and Sale of Processed Recycling (c) Materials. Owner/Developer Timber Creek may market and sale processed Recycling Materials in accordance with applicable laws and regulations. . Processed Recycling Materials include, but are not limited to, mulch, compost, bark, playground chips, sand,stone, concrete, asphalt, etc.etc. 5.4 Retail Sales. Within the area on the Site Plan marked “Retail Sale” Retail Area”),Timber Creek may sell processed Recycling Materials to the public. Timber Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the Meridian City Council Meeting Agenda September 18, 2018 – Page 340 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 432 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 197 of 396 AMENDED DEVELOPMENT AGREEMENT -9 55663.0002.10635510.1 55663.0002.11338988.1 portion of the Recycling Property where active Recycling Activities occur. Retail sales in the Retail Area are restricted as follows: 5.4.1 Hours of Operation. The Retail Area will not be open to the public for the purchase of Recycling Materials outside of the following hours: April –October:(a) a.Monday –Saturday: 8:00 a.m. to 6:00 p.m. b.Sundays: Closed November –March:(b) a.Monday –Saturday: 9:00 a.m. to 4:00 p.m. b.Sundays: Closed 5.4.2 Vehicle Limitation. The following vehicles will be prohibited from accessing the Retail Property for the purchase of processed Recycling Materials: Commercial vehicles, as defined in Idaho Code §49 - 123(d).(a) Vehicles with more than two (2) axels; provided,however, (b) that a trailer pulled by a two (2) axel vehicle does not count towards the axel count. 5.4.3 Limitation on Sales. Timber Creek may only sell the following in the Retail Area: a) processed Recycling Materials; b) landscaping materials, including but not limited to, mulch, compost, bark, playground chips , and other products typically sold at a nursery, excepting trees and shrubs; and c) products and materials to permit Timber Creek to provide engineered soil to customers, including but not limited to gypsum, sulfur and nitrogen. 5.5 Recycling Activities Structures. Timber Creek may construct, relocate or install the following : a) a scale house with approximate dimensions of forty five feet by fifteen feet (45’x15’); b) a restroom with approximate dimensions of twenty feet by eight feet 20’x8’) with a septic system until sewer is available at the Recycling Property at which time the restroom will connect to the sewer line; c) a storage shed with approximate dimension of forty feet by eight feet (40’x8’); and d) a barbwire fence on the south east corner of the Property to connect the existing fencing. The construction, relocation or installation of the above identified structures shall not constitute “development” as defined in Section 3.4. 6.Conditions and Limitations to Operation of Timber Creek Recycling . To mitigate or ameliorate any adverse effects from Timber Creek’s operation on the Property, Timber Creek shall comply with the following conditions on its operation: Meridian City Council Meeting Agenda September 18, 2018 – Page 341 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 433 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 198 of 396 AMENDED DEVELOPMENT AGREEMENT -10 55663.0002.10635510.1 55663.0002.11338988.1 6.1 Extent of Operations on Property. Timber Creek’s Recycling Activities shall be limited to the Recycling Property; provided, however, that Timber Creek may store and use processed Recycling Materialson the balance of the Property . 6.2 Composting.Composting on the Recycling Property shall be conducted in accordance with applicable law, rules and regulations. Prior to composting in quantities which would require approval as a Tier 2 composting facility, Timber Creek shall satisfy all requirements imposed on Tier 2 composting facilities by the Idaho Department of Environmental Quality (“DEQ”). Timber Creek shall provide proof of satisfaction of DEQ’s requirements to the City prior to composting as a Tier 2 composting facility. In connection with the Tier 2 designation process and operating as a Tier 2 facility,Timber Creek shall: 6.2.1 Odor Management. Adopt an odor management plan as part of the Tier 2 approval process that satisfies DEQ. Upon being designated as a Tier 2 composting facility, Timber Creek will provide a copy of the odor management plan approved by DEQ to the City. 6.2.2 Compliance with DEQ and Central District Health . Comply with all requirements of DEQ and the Central District Health Department (“CDHD”) as part of the Tier 2 approval process. Following approval as a Tier 2 facility, Timber Creek shall cooperate with DEQ and CDHD and permit monitoring of the composting operation and to resolve any compliance issues. 6.3 Noise Mitigation. Timber Creek shall do or adopt the following to mitigate the noise generated from Timber Creek’s Recycling Activities: 6.3.1 Mufflers. Timber Creek will acquire and install a Harco 2286RSL 10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the horizontal grinder and a muffler of similar quality and characteristics on the tub grinder . Timber Creek shall provide notice to the City upon the installation of the mufflers. 6.3.2 Landscaping. Timber Creek will install trees and other landscaping features on the Recycling Property, as is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities . Said landscaping will be installed within one (1)year from the date of this Agreement. Timber Creek shall provide notice to the City when the landscaping set forth on the Site Plan has been installed. 6.3.3 Hours of Operation. Recycling Activities on the Property will be limited to the following: Monday –Friday: 7:00 a.m. to6:00 p.m.(a) Saturday: 8:00 a.m. to6:00 p.m.(b) Meridian City Council Meeting Agenda September 18, 2018 – Page 342 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 434 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 199 of 396 AMENDED DEVELOPMENT AGREEMENT -11 55663.0002.10635510.1 55663.0002.11338988.1 6.4 Visual Impact. To minimize any visual impact caused by the Recycling Materials or the Recycling Activities, Timber Creek will: 6.4.1 Landscaping. Timber Creek will comply with the requirements of Section 6.3.2; 6.4.2 Height of Recycling Materials. Timber Creek will keep the height of piles of Recycling Materials at the greater of : a) twenty-five (25) feet,and b) the height permitted by the Meridian Fire Department under applicable code, regulations and rules. 6.5 Dust Abatement.Timber Creek Recycling will take commercially reasonable steps to abate the dust caused by the Recycling Activities as follows: 6.5.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek t o minimize dust caused by Recycling Activities. 6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. 6.5.4 Spray Hoses.Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 6.6 Traffic for Recycling Materials. Traffic to the Recycling Property is regulated as follows: 4.8.4 Traffic to Property. The following traffic to and from the Property is hereby permitted and shall not constitute a nuisance: Delivery of Recycled Materials . Delivery of (a) Recycled Materials to the Property may be made by consumer trucks, garbage trucks, semi -trailer trucks, and any other similarly sized trucks. The number of deliveries, on a daily basis, is capped at the number reasonably necessary for Timber Creek Recycling to satisfy its contracts and obligations for the acceptance of the Recycled Materials Meridian City Council Meeting Agenda September 18, 2018 – Page 343 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 435 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 200 of 396 AMENDED DEVELOPMENT AGREEMENT -12 55663.0002.10635510.1 55663.0002.11338988.1 Recycling Activities. Traffic to permit Timber (b) Creek Recycling to adequately Recycling Activities. All traffic to permit Timber Creek to perform the Recycling Activities, including , but not limited to, traffic for delivery of Recycling Materials, any safety programs, fire prevention, odor management, and composingcomposting, grinding and screening operations Removal of Compost / Other Products is (c) expressly permitted, except as limited by this Section 6.6, and shall not constitute a nuisance. 6.6.2 Compliance with Ada County Highway District . All traffic to the Recycling Property shall comply with Ada County Highway District rules and regulations. Owner/Developer may remove as much compost or other products or byproducts of the Recycling Activities or Related Activities as is necessary to maintain the Property, comply with applicable laws and ordinances, and satisfy Timber Creek Recycling’s contracts and obligations relating to the Recycled Materials. Owner/Developer may remove the compost or other products or byproducts of the Recycling Activities by truck or any other means deemed appropriate or necessary, and in sufficient number so as to meet the above mentioned obligations. Other Traffic to Property. All other traffic to the (d) Property necessary for the operation of Timber Creek Recycling, including, but not limited to the sale of compost and other products sold by Timber Creek Recycling. 6.6.3 Truck Limitation. No more than fifty-six (56) Truckloads of Recycling Materials will be delivered to the Recycling Property per day. For purposes of this Agreement, “Truckload” shall mean any truck or vehicle carrying ten (10) or more cubic yards of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of clarification, the following do not qualify as a Truckloads: Vehicular traffic associated with the agricultural use of the (a) Property such as delivery of feed , livestock, equipment and fertilizer or the removal of crops, livestock, equipment, feed, waste or fertilizer; Vehicles to and from the Retail Area;(b) Vehicular traffic to and from the Property not carrying (c) Recycling Materials;and Meridian City Council Meeting Agenda September 18, 2018 – Page 344 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 436 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 201 of 396 AMENDED DEVELOPMENT AGREEMENT -13 55663.0002.10635510.1 55663.0002.11338988.1 Vehicular traffic from the Property delivering Recycling (d) Materials for agricultural uses. 6.7 Agency Requirements/Recommendations . Timber Creek shall comply with the following requirements and recommendations from the following agencies: 6.7.1 Fire. Emergency Plan. Timber Creek shall prepare and deliver (a) a emergency plan to the Meridian Fire Code Official. Timber Creek shall notify the City upon approval of the emergency plan. Process Hazard Analysis. Timber Creek shall prepare a (b) process hazard analysis which satisfies the requirements of the International Fire Code, Section 5001.3.3.11 - 17 (2015) and deliver to the Meridian Fire Code Official , if required by the Meridian Fire Code Official. 6.7.2 Irrigation. Obtain approval from the applicable irrigation district for any use of or encroachment on the easement(s) surrounding the canals bordering the Recycling Property. If any such approval is required, Timber Creek shall provide evidence of said approval to the City. 6.7.3 Land Development Services. As long as Timber Creek is engaged in Recycling Activities, the Recycling Property shall be open to inspection for compliance with this Agreement by the Land Development Services, upon advance notice. 6.7.4 Complaints. Timber Creek will set up a telephone line, email account, or other means of communication for neighbors to be able to submit comments and complaints to Timber Creek relating to the Recycling Activities. 6.8 Termination of Recycling OperationsActivities. The above listed recycling activities Recycling Activities on the Recycling Property will cease, unless permitted in the UDC,upon the earliest of the following to occur: 6.8.1 Conveyance to Third Party(a). Upon the conveyance of the Recycling Property to a third party; provided, however, that the conveyance of the Recycling Property: 1) via intestacy or other estate planning devise or instrument; 2) to an immediate family member of any member of the Owner/Developer or Timber Creek; or 3) to an affiliated entity, will not trigger the elimination of the uses permitted in this Section 4.8.3Recycling Activities. For purposes of this Section 4.8.3, an “affiliated entity”is an entity: (a) which is a successor to Owner/Developer or Timber Creek by either merger or consolidation or pursuant to sale of all or substantially all of Owner/Developer’s or Timber Creek’s assets or membership Meridian City Council Meeting Agenda September 18, 2018 – Page 345 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 437 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 202 of 396 AMENDED DEVELOPMENT AGREEMENT -14 55663.0002.10635510.1 55663.0002.11338988.1 interests, or (b) an entity controlled by, or under common control with, or controlling Owner/Developer; or 6.8.2 Development of Adjacent Property. Within thirty (30) days of the latter of: i) written notice that the City of Meridian granting has granted a Certificate of Occupancy to any new residential or commercial development within 1000 feet of the grinding machine located on the Recycling Property, as approximately depicted on the attached Exhibit C; or ii)notice of the granting of a Certificate of Occupancy to any “C”,being delivered to Timber Creek. For purposes of this Section 6.8.2, a “new residential or commercial development ” shall mean real property which has: Been annexed into the City;(a) Zoned either with a commercial designation or a residential (b) designation of R-4 or denser; Has been subdivided in accordance with Meridian City (c) Code, excepting however any real property subdivided by a short plat under Meridian City Code 11 -6B-6; and Receives water and sewer services from the City.(d) within 1000 feet of the grinding machine located on the Property being delivered to Owner/Developer.4.9Construction or completion of two sheds on the Property to replace a shed which burned down in 2015. The approximate dimensions of the sheds are eighty feet by twenty feet (80’x20’) for a scale for the Recycling Activities and sixty feet by one hundred twenty feet 70’x160’). Both building will have a restroom. Construction has commenced on these sheds or will commence within one year of annexation. The construction of the sheds shall not constitute development” as defined in Section 3.4. In no event will the issuance of a Certificate of Occupancy for any structure existing (b) as of the date of this Agreement,as may be expanded, modified or altered, or for any new accessory building,within 1000 feet of the grinding machine on the Recycling Property trigger Timber Creek’s obligation to cease operations under this Section 6.8.2. 6.9 Sunset on Composting . Timber Creek’s use of the Recycling Property for composting, as permitted under this Agreement, shall be reviewed by the City in 2030 . As part of the review, City shall: a) consider the development of the property surrounding the Recycling Property, the benefits derived by the community by the compos ting,and Timber Creek’s compliance with this Agreement; and b) hold a public hearing, with notice as required by the UDC, and permit the public to provide input on whether to continue to permit composting on the Recycling Property. The City shall determine whether to permit Timber Creek to continue composting on the Recycling Property for another period of ten (10) years under the Meridian City Council Meeting Agenda September 18, 2018 – Page 346 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 438 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 203 of 396 AMENDED DEVELOPMENT AGREEMENT -15 55663.0002.10635510.1 55663.0002.11338988.1 terms of this Agreement, permit composting with revised conditions, or terminate Timber Creek’s composting on the Recycling Property (unless permitted under the UDC). 6.10 Tolling of Deadlines. In the event the approval of this Agreement is challenged, contested or appealed, in any manner, the deadlines imposed on Timber Creek under this Section 6 shall be tolled until all challenges, contents and appeals have been completely and finally resolved. 7. 5.CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 7.1 5.1Owner/Developer shall develop the Property in accordance with the following special conditions: 7.1.1 5. 1.1Future Except as otherwise provided in this Agreement, future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. 7.1.2 5. 1.2Future Except as otherwise provided in this Agreement, future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-5, unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation. 7.1.3 5. 1.3Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City. 7.1.4 5. 1.4Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 8.COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN: 8.1 6.1The City intends to extend the sewer and water infrastructure (“Utility Extension”) which will benefit the Property, the City, and other adjacent and adjoining properties. The City will endeavor to design the Utility Extension in a manner consistent with the City’s Sewer Master Plan including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the city designs the Utility Extension. In furtherance of this objective,the Utility Extension will include, but is not limited to, the extension of: Meridian City Council Meeting Agenda September 18, 2018 – Page 347 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 439 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 204 of 396 AMENDED DEVELOPMENT AGREEMENT -16 55663.0002.10635510.1 55663.0002.11338988.1 Water Mains; and(a) Sewer Mains; and(b) Trunk Lines.(c) A complete description of the Utility Extension is set forth in Exhibit “C”, incorporated by reference to this Agreement. 8.2 6.2The City shall be expending funds to plan, design, and construct the Utility Extension described in 6.1 over the course of time. The City anticipates completion of the initial phase of the Utility Extension in or about Meridian Road/State Highway 69 within approximately two (2) years from the date of the publication of the annexation ordinance for the Property and the completion of the Utility Extension in or about Linder Road and Victory Road in approximately four (4) years from the date of the publication of the annexation ordinance for the Property. The above described timelines for completion of the Utility Extension are subjec t to the following conditions: Acts of God; or(a) Denial of the Application by the City or any other (b) governmental agency with authority to approve or deny the Application or Utility Extension ; or Any legal challenge to the annexation of the Property that (c) causes the delay of the annexation approval; or The inability of the City to acquire all the needed target (d) properties necessary to allow for the necessary expenditure of the Utility Extension; or Economic limitations, as prescribed by law; or(e) Permitting limitations or denials; or(f) The inability to acquire the necessary easements for the (g) Utility Extension; or Geology and/or geography of the area; or(h) Weather conditions that may cause delay; or(i) Unavailability or delay of materials for the Utility (j) Extension; or Meridian City Council Meeting Agenda September 18, 2018 – Page 348 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 440 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 205 of 396 AMENDED DEVELOPMENT AGREEMENT -17 55663.0002.10635510.1 55663.0002.11338988.1 Review or delay by other agencies needed for approvals of (k) the Application or Utility Extension; or Labor disputes, strikes, work stoppages; or (l) Limitations by other governmental, semi - governmental, or (m) private industry restrictions unanticipated at the time of execution of this Agreement; or Any and all contingencies, whether anticipated or not,that (n) are beyond the control of the City. 8.3 6.3In the event the City reasonably determines that it cannot complete the Utility Extension within the timeframes set forth above in Section 8.2 due to the occurrence of any of the conditions set forth in Sections (a)to (n), the Owner/Developer or the City may terminate this Agreement upon compliance with the requirements of the UDC, 8.4 6.4This Agreement is part of an application for the simultaneous annexation of numerous parcels. This Agreement shall be null and void if the annexation of the Property or any other of the parcels to be simultaneous annexation is not approved. 9.DEFAULT/CONSENT TO DE - ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 9.1 Acts of Default. In the event either party fails to faithfully comply with all of the terms and conditions included in this Agreement, this Agreement may be terminated by the Owner / Developer or the City upon compliance with the requirements of this Agreement and in a manner prescribed by law or ordinance. 9.2 Notice and Cure Period . In the event of any alleged default or failure to perform any obligation under this Agreement, the non-defaulting party shall give the alleged defaulting party written notice thereof. The party given notice of failure shall have a period of thirty (30) days after such notice is given within which to cure such default, which period shall be extended to the extent reasonably necessary to complete such cure so long as the cure was commenced within thirty (30) days after such notice is given and thereafter prosecuted with due diligence. 9.3 Remedies. 9.3.1 Remedies Against the Owner/Developer. In the event of default by Owner/Developer that is not cured after notice as described in Section Meridian City Council Meeting Agenda September 18, 2018 – Page 349 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 441 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 206 of 396 AMENDED DEVELOPMENT AGREEMENT -18 55663.0002.10635510.1 55663.0002.11338988.1 9.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon the City’s compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by the City. The sole remedy for enforcement of this Agreement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained within this Agreement or to de-annex the Property. 9.3.2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 7.2,the City shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City’s compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all rights to contest whether a default has occurred. 9.4 Delay. In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 9.5 Waiver. A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions. 10.INSPECTION: Following the development of the Property, Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property,as required by City ordinance or policy, notify the City Engineer and request the City Engineer’s inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 11.REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense,either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of Meridian City Council Meeting Agenda September 18, 2018 – Page 350 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 442 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 207 of 396 AMENDED DEVELOPMENT AGREEMENT -19 55663.0002.10635510.1 55663.0002.11338988.1 the ordinance annexing and re-zoning the Property. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement, at its cost and expense. 10.ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12.SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements, which the Owner/Developer agrees to provide, if required by the City. 13.CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 14.ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement,and the Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions contained in the Findings, this Agreement, and the ordinances of the City. 15.NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY:City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to:City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER:L & G Murgoitio, LLC 6575 S. Locust Grove Road Meridian, Idaho 83642 15.1 14.1A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. Meridian City Council Meeting Agenda September 18, 2018 – Page 351 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 443 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 208 of 396 AMENDED DEVELOPMENT AGREEMENT -20 55663.0002.10635510.1 55663.0002.11338988.1 16.ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney’s fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17.TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18.BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties’ respective heirs, successors, assigns and personal representatives, including City’s corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 19.INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20.DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 21.FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 20.1No condition governing the uses and/or conditions governing re- zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with Meridian City Council Meeting Agenda September 18, 2018 – Page 352 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 444 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 209 of 396 AMENDED DEVELOPMENT AGREEMENT -21 55663.0002.10635510.1 55663.0002.11338988.1 the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22.EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt an ordinance in connection with the annexation and zoning of the Property and execution by the Mayor and City Clerk. SIGNATURES ON FOLLOWING PAGE] Meridian City Council Meeting Agenda September 18, 2018 – Page 353 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 445 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 210 of 396 AMENDED DEVELOPMENT AGREEMENT -22 55663.0002.10635510.1 55663.0002.11338988.1 IN WITNESS WHEREOF,the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L & G Murgoitio, LLC Date: __________________________By: Name: Title: CITY OF MERIDIAN: Date: __________________________By: Mayor Tammy De Weerd ATTEST: Jaycee L. Holman, City Clerk Meridian City Council Meeting Agenda September 18, 2018 – Page 354 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 446 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 211 of 396 AMENDED DEVELOPMENT AGREEMENT -23 55663.0002.10635510.1 55663.0002.11338988.1 STATE OF IDAHO ) ss. County of Ada ) On this _____ day of FebruarySeptember, 2018, before me, a Notary Public in and for said State, personally appeared , known or identified to me to be the manager or a member of L & G Murgoitio, LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires STATE OF IDAHO ) ss. County of Ada ) On this _____ day of ______________, 2018, before me, a Notary Public, personally appeared Tammy De Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively,of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires Meridian City Council Meeting Agenda September 18, 2018 – Page 355 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 447 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 212 of 396 AMENDED DEVELOPMENT AGREEMENT -24 55663.0002.10635510.1 55663.0002.11338988.1 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Meridian City Council Meeting Agenda September 18, 2018 – Page 356 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 448 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 213 of 396 AMENDED DEVELOPMENT AGREEMENT -25 55663.0002.10635510.1 55663.0002.11338988.1 EXHIBITB COPY OF FINDINGSOF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER Meridian City Council Meeting Agenda September 18, 2018 – Page 357 of385MeridianCityCouncilMeeting Agenda March 19, 2019 – Page 449 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 214 of 396 Meridian City Council Meeting Agenda March 19, 2019 – Page 450 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 215 of 396 Meridian City Council Meeting Agenda March 19, 2019 – Page 451 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 216 of 396 Meridian City Council Meeting Agenda March 19, 2019 – Page 452 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 217 of 396 Meridian City Council Meeting Agenda March 19, 2019 – Page 453 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 218 of 396 Meridian City Council Meeting Agenda March 19, 2019 – Page 454 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 219 of 396 MeridianCityCouncilMeetingAgendaOctober162018Page393of419 EXHIBIT B Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 455 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 220 of 396 Staff recommended added/modified DA provisions: 1. Modify provision #4.8 (pg. 5) as follows, “Operate Timber Creek Recycling on the portion of the Property (“Recycling Property”) outlined on the site plan (“Site Plan”) attached hereto as Exhibit C” and incorporated herein, as is currently conducted or may be conducted in the future, whether under the name of Timber Creek Recycling or another name or entity, for a maximum period of ten (10) years from the date of Council approval of the amended signed DA, after which all uses associated with the facility shall cease and all materials, equipment, structures, site modifications, etc. associated with the use shall be removed and the site reclaimed to its former agricultural use/condition. 2. Modify provision #5.2.2, Screening (pg. 7), as follows, “The Recycling Materials, before and after processing, may be screened. Screening of any Recycled Materials may including the use of conveyors, trommels, hopper boxes, air systems, loaders and another other equipment necessary to screen the Recycled Materials Property shall be screened sufficient to block the view of the processing facility, including materials stored on the site, from S. Locust Grove Rd. and W. Columbia Rd. prior to commencement of the proposed expanded use; the buffer area shall result in a barrier that allows trees to touch at the time of tree maturity and contain a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover;” 3. Modify provision #5.2.4, Composting, as follows: “The Recycling Materials may be composted on the Recycling Property and transported from the Recycling property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10.” 4. Modify provision #5.2.5, Storing of Recycling Materials, as follows: “The Recycled Materials, both before and after processing, may be stored on the Recycling Property and on the balance of the Property. The facility and all associated grounds shall be maintained in an orderly manner to keep them from becoming a public nuisance as defined in Meridian City Code (MCC) 4-2-1; procedures and penalties for general nuisances are listed in MCC 4-2-4.” 5. Modify provision #5.3.3, Compliance with all federal, state, and locate entities with jurisdiction, including, but not limited to, DEQ Department of Environmental Quality, Department of Agriculture, and Central District Health Department, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, the, and the Idaho Department of Water Resources,. Timber Creek may shall take any action to: a) Comply with conditions imposed on it by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities; b) Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction; and c) Cure or correct deficiencies or issues identified by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction. EXHIBIT B Meridian City Council Meeting Agenda October 16, 2018 – Page 394 of 419 EXHIBIT B Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 456 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 221 of 396 6. Modify provision #6.3.2 Landscaping as follows, “Timber Creek will install trees and other landscaping features on the Recycling Property, as is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities. Said landscaping will shall be installed within one (1) year from the date of this Agreement prior to commencement of the proposed expanded use. Timber Creek shall provide notice to the City when the landscaping set forth on the Site Plan as required in provision #5.2.2 Screening has been installed.” 7. Modify provision #6.5 Dust Abatement, as follows: “Timber Creek Recycling will take commercially reasonable steps to abate the dust caused by the Recycling Activities as follow: All driveways into and through the facility, and any open area with a driving surface shall be surfaced improved with a dustless material including but not limited to, vegetation, asphaltic pavement, rock, concrete, pavers, bricks or recycled asphalt (i.e. asphalt grindings) in accord with UDC 11- 3C-5B.1. 6.5.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materialsto minimize dust caused by the Recycling Activities. 6.5.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 8. Delete provision #6.9 Sunset on Composting: “Timber Creek’s use of the Recycling Property for composting, as permitted under this Agreement, shall be reviewed by the City in 2030. As part of the review, City shall: a) consider the development of the property surrounding he Recycling Property, the benefits derived by the community by the composting, and Timber Creek’s compliance with this Agreement; and b) hold a public hearing, with notice as required by the UDC, and permit the public to provide input on whether to continue to permit compositing on the Recycling Property. The City shall determine whether to permit Timber Creek to continue composting on the Recycling Property for another period of ten (10) years under the terms of this Agreement, permit composting with revised conditions, or terminate Timber Creek’s composting on the Recycling Property (unless permitted under the UDC). See recommended changes to provision #4.8. 9. Add provision: “The leaching pond(s) and any other open water pond(s) on the site shall have recirculated water and be maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8.” 10. Add provision: “All mechanical equipment and operations, power-driven processing equipment and operations, shipping and delivery areas, and other outdoor activity on Property shall be located at least 300 feet from abutting residential districts.” 11. Add provision: “Solid waste shall not be accumulated on Property or upon any street adjacent to Property so as to cause or create a public nuisance from offensive odor, atmosphere or harboring of vectors. Waste shall be managed and maintained in such a manner that it will not be blown, washed or carried to adjacent properties as set forth in Meridian City Code 4-1-10.” Meridian City Council Meeting Agenda October 16, 2018 – Page 395 of 419 EXHIBIT B Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 457 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 222 of 396 12. Add provision: “Burning, incinerating, burying, or any other manner disposing of solid waste or recyclable materials is prohibited on Property as set forth in Meridian City Code 4-1-10.” 13. Add provision: “Timber Creek Recycling shall adhere to all applicable federal, state and local laws and regulations that govern the collection, transporting and disposal of the recyclable material(s) being collected.” NOTE: Prior to Council approval of a signed amended DA for this property, the Applicant shall complete the following: 1) Submit a copy of the Odor Management Plan approved by DEQ referenced in Section 6. 2.1 for inclusion as an exhibit in the DA; and 2) Submit a landscape plan the demonstrates compliance with the screening requirements noted in provision #5.2.2 that has been approved by Staff for inclusion as an exhibit in the DA. Meridian City Council Meeting Agenda October 16, 2018 – Page 396 of 419 EXHIBIT B Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 458 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 223 of 396 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for Timber Creek Recycling to Add a Commercial Composting Component to Current Business Operations on the Site, by Michael Murgoitio. Case No(s). H-2018-0042 For the City Council Hearing Dates of: June 5 and 19, July 17, September 18, November 7 and 20, 2018 (Findings on December 4, 2018) A. Findings of Fact 1. Hearing Facts: Following proper notice, on September 18 and November 7, 2018, the Meridian City Council held a public hearing on a request tomodify the development agreement. Following the public hearing, the Council approved the request with only one change to the provisions proposed by the applicant (to section 6.8.2, Development of Adjacent Property, changing grinding machine” to “processing area”). 2. Process Facts: a. The City Council finds that the parties have fully complied with all applicable notice and hearing provisions. b. A public hearing is required before the City Council on this matter, pursuant to UDC section 11-5B-3(F) and Idaho Code section 67-6511A. c. Newspaper notifications published on: May 18, June 1, August 31, and October 26, 2018 d. Radius notices mailed to properties within 1,000 feet on: May 10 and 25, August 24, and October 19, 2018 Note: Because the Director deemed the proposed use to be heavy industrial and because of the potential impact on adjacent residential properties, radius notices were sent to property owners within 1,000 feet of the external property boundaries instead of the typical 300 feet in accord with UDC 11-5A-5E.2c. e. Next Door published on: May 11 and 29, August 28, and October 23, 2018 f. Applicant posted notice on site by: July 6, and October 29, 2018 3. Application and Property Facts: a. Site Address/Location: The site is located at 7695 S. Locust Grove Road, in the southeast ¼ of Section 6, Township 2N., Range 1E. b. Existing Land Use(s): An agricultural based wood, grass, leaves, sheetrock, food waste, and Meridian City Council Meeting Agenda December 4, 2018 – Page 350 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 459 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 224 of 396 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 2 - garden waste recycling business, as identified in the Original Development Agreement as approved by the City of Meridian on January 26, 2016 and recorded on January 27, 2016, currently operates on this property in the R-4 zoning district. c. Character of Surrounding Area and Adjacent Land Use and Zoning: The properties around this site consist of rural residential and agricultural land zoned R-4 in the City, and RUT & RR in Ada County. d. History of Previous Actions: This property was annexed in 2015 as part of the South Meridian annexation application (H-2015-0019). A development agreement (DA) was required as a provision of annexation, recorded as Instrument No. 2016-007075. At the time of annexation, the Applicant was operating a recycling business on this site in Ada County; the existing use was allowed to continue with annexation into the City under the terms described in the DA – no change in the uses specified in the DA are allowed without modification of the agreement. e. Owner: L & G Murgoitio LLC 6575 S. Locust Grove Rd. Meridian, ID 83642 f. Applicant: Michael Murgoitio 2623 S. Hillis Place Meridian, ID 83642 g. Representative: Same as Applicant B. Conclusions of Law 1. The City of Meridian exercises herein 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. This approval is subject to compliance with all provisions of the modified development agreement, which are incorporated herein by reference. The conditions in the modified development agreement are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. 4. Neither Idaho Code section 67-6511A, nor UDC section 11-5B-3(F) require specific findings of fact in order to permit modification of a development agreement; rather, these provisions require compliance with notice and hearing provisions. 5. A development agreement is a voluntary contract between two parties. The City is specifically authorized by Idaho Code § 67-6511A to enter into, and modify, development agreements. Meridian City Council Meeting Agenda December 4, 2018 – Page 351 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 460 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 225 of 396 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 3 - C. Decision and Order: Pursuant to the City Council’s authority as provided in Idaho Code section 67- 6511A, nor UDC section 11-5B-3(F) and based upon the above Findings of Fact which are herein adopted, it is hereby ordered that the applicant’s request for a modification to the existing development agreement is hereby approved. (See attached Development Agreement Modification Provisions). D. Notice of Applicable Time Limits: When approved, the modified 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 priorto signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. 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. Meridian City Council Meeting Agenda December 4, 2018 – Page 352 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 461 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 226 of 396 By action of the City Council at its regular meeting held on the day of ()P -CP -M bEK-- 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 COUNCIL MEMBER GENESIS MILAM VOTED Yt MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Tam de Weerd Attest: C y Cole City Clerk 0 of w C -/V[ E ..iDIAN!--- IDAHO z SEAL Zr_ 1P Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C)0w 5W rU/ -i Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 4 - EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 462 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 227 of 396 DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS Timber Creek Recycling MDA H-2018-0042 Staff recommended added/modified DA provisions: 1. Modify provision #4.8 (pg. 5) as follows, “Operate Timber Creek Recycling on the portion of the Property (“Recycling Property”) outlined on the site plan (“Site Plan”) attached hereto as Exhibit C” and incorporated herein, as is currently conducted or may be conducted in the future, whether under the name of Timber Creek Recycling or another name or entity, for a maximum period of ten (10) years from the date of the City Council approvals of the amended signed DAAgreement. Upon the expiration of the ten (10) year period, all Recycling Activities (as defined below in Section 5.2) and the activity shall cease; provided, however, that Timber Creek may submit an application. If the applicant requests to the City Council to review the activityRecycling Activities and determine whether to permit Timber Creek to continue the Recycling Activities. before the ten (10) year time period for renewal for an additional time period as determined by the City Council at that time. Timber Creek shall submit theThe request for a review shall be no later than one (1) year priorto the expiration of the ten (10) year period use. Upon review, tThe City Council canmay, at the City Council’s sole discretion: a) elect to grant or refuse to grant additional time to Timber Creek to conduct the Recycling Activities on the Recycling Property past the initial ten (10) year period; and b) should additional time be granted, require more or different conditions on the Recycling Activitiesat their discretion, if they allow the activity to continue. If the City Council does not elect to grant Timber Creek additional time to conduct Recycling Activities on the Recycling Property extend the use beyond the initial ten (10) year time period then, at their the City Council’s direction and by the date as determined by themthe City Council, after which all the Recycling Activities uses associated with the facility shall cease at a date to be determined and all materials, equipment, structures, site modifications, etc. associated with the use Recycling Activity shall be removed and the site Recycling Property reclaimed to its former agricultural use/condition. . In the event the City Council grants Timber Creek additional time to conduct the Recycling Activities after the initial ten (10) year period, If the time period is extended to a future date certain then the City Council may review the activityRecycling Activities upon the expiration of the additional time in accordance with the foregoing procedures, conditions and timelines. on or about that date certain and consider an additional extension with the same or modified conditions to the Agreement. 2. Modify provision #5.2.2, Screening (pg. 7), as follows, “The Recycling Materials, before and after processing, may be screened. Screening of any Recycled Materials may including the use of conveyors, trommels, hopper boxes, air systems, loaders and another other equipment necessary to screen the Recycled Materials. 3.2. Modify provision #5.2.4, Composting, as follows: “The Recycling Materials may be composted on the Recycling Property and transported from the Recycling property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10. In addition to the remedies available through the enforcement of this Agreement the City may seek enforcement through abatement by civil action or code enforcement.” 4.3. Modify provision #5.2.5, Storing of Recycling Materials, as follows: “The Recycled Materials, both before and after processing, may shall be stored on the Recycling Property and after processing may be used on the balance of the Property. The facility and all associated grounds shall be maintained in an orderly manner to keep them from becoming a public nuisance as Meridian City Council Meeting Agenda December 4, 2018 – Page 354 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 463 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 228 of 396 DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS Timber Creek Recycling MDA H-2018-0042 defined in Meridian City Code (MCC) 4-2-1; procedures and penalties for general nuisances are listed in MCC 4-2-4. In addition to the remedies available through the enforcement of this Agreement the City may seek enforcement through abatement by civil action or code enforcement” 5.4. Modify provision #5.3.3, Compliance with all federal, state, and locate local entities with jurisdiction, including, but not limited to, DEQ Department of Environmental Quality, Department of Agriculture, and Central District Health Department, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, the, and the Idaho Department of Water Resources,. The City may consider a finding by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. Timber Creek may shall take any action to: a) Comply with conditions imposed on it by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities; b) Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction; and c) Cure or correct deficiencies or issues identified by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction. 6.5. Modify provision #6.3.2 Landscaping as follows, “Timber Creek will install trees and other landscaping features on the Recycling Property in a manner as prescribed in MCC 11-3H-4D, as is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities. Said landscaping will shall be installed within one (1) year from the date of this Agreement prior to commencement of Tier 2 composting provided that the pilot programs for obtaining Tier 2 designation, as required by DEQ, may occur prior to the installation of the landscaping or berms as shown on the site plan. Timber Creek shall provide notice to the City when the landscaping set forth on the Site Planin this Modified Agreement as required in provision #5.2.2 Screening has been installed.” 7.6. Modify provision #6.5 Dust Abatement, as follows: “Timber Creek Recycling will take commercially reasonable steps to abate the dust caused by the Recycling Activities as follow: All driveways into and through the facility, and any open area with a driving surface shall be surfaced improved with a dustless material including but not limited to, vegetation, asphaltic pavement, rock, concrete, pavers, bricks or recycled asphalt (i.e. asphalt grindings) in accord with UDC 11- 3C-5B.1. 6.5.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. Meridian City Council Meeting Agenda December 4, 2018 – Page 355 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 464 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 229 of 396 DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS Timber Creek Recycling MDA H-2018-0042 6.5.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 6.5.6 Dustless Material. Surface the entrance to the Recycling Property and Retail Area with a dustless material, including those materials set forth in Meridian City Code 11-3C-5B-1. 8.7. Delete provision #6.9 Sunset on Composting: “Timber Creek’s use of the Recycling Property for composting, as permitted under this Agreement, shall be reviewed by the City in 2030. As part of the review, City shall: a) consider the development of the property surrounding he Recycling Property, the benefits derived by the community by the composting, and Timber Creek’s compliance with this Agreement; and b) hold a public hearing, with notice as required by the UDC, and permit the public to provide input on whether to continue to permit compositing on the Recycling Property. The City shall determine whether to permit Timber Creek to continue composting on the Recycling Property for another period of ten (10) years under the terms of this Agreement, permit composting with revised conditions, or terminate Timber Creek’s composting on the Recycling Property (unless permitted under the UDC). See recommended changes to provision #4.8. 9.8. Add provision: “The leaching pond(s), if applicable and, and any other open water pond(s) for run off or drainage on the site Recycling Property shall be treated and maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8.” 10.9. Add provision: “All mechanical equipment, (excluding all private or commercial vehicles) and operations, power-driven processing equipment and operations on the Recycling Property shall be located at least 300 feet from abutting residential districts. All shipping and delivery areas, storage, and other outdoor activity on Recycling Property shall be located at least 300 feet from abutting residential districts within the City of Meridian.” 11. Add provision: “Solid waste shall not be accumulated on Property or upon any street adjacent to Property so as to cause or create a public nuisance from offensive odor, atmosphere or harboring of vectors. Waste shall be managed and maintained in such a manner that it will not be blown, washed or carried to adjacent properties as set forth in Meridian City Code 4-1-10.” 10. Add provision: “Burning, Burning or incinerating, ,burying, or any other manner to disposing dispose of solid waste or recyclable materials is prohibited on Property. as set forth in Meridian City Code 4-1-10.” 11. The ApplicantTimber Creek shall provide a detailed site plan, as an Exhibit “B” of this Agreement, to the City which: a) defines the Property; b) defines the Recycling Property ing the area of the recycled property area; c) defines the portion of the Property intended to be used for agricultural purposes or non-Recycling Activities; and d) identifies the general location of the equipment to used for the Recycling Activities. The Recycling Property shall not , the location of the recycling equipment, the farming property, and the remainder of the property related to this Development Agreement. The Recycle property shall not exceed the identified thirty-six (36) acres in total. 12. Add provision: “Timber Creek Recycling shall adhere to all applicable federal, state and local laws and regulations that govern the collection, transporting and disposal of the recyclable material(s) being collected.” Meridian City Council Meeting Agenda December 4, 2018 – Page 356 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 465 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 230 of 396 DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS Timber Creek Recycling MDA H-2018-0042 NOTE: Prior to Council approval of a signed amended DA for this property, the Applicant shall complete the following: 1) Submit a copy of the Odor Management Plan approved by DEQ referenced in Section 6.2.1 for inclusion as an exhibit in the DA; and 2) Submit a landscape plan the demonstrates compliance with the screening requirements noted in provision #5.2.2 that has been approved by Staff for inclusion as an exhibit in the DA. Meridian City Council Meeting Agenda December 4, 2018 – Page 357 of 445 EXHIBIT C Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 466 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 231 of 396 ADA COUNTY RECORDER Christopher D. Rich 2016_007075 BOISE IDAHO Pgs=69 BONNIE 01127/2016 11:26 AM MERIDIAN CITY NO FEE II'IIIIIIII'I' III'IIIIIII)III 11 1111 1111111111 00188018201600070750690696 DEVELOPMENT AGREEMENT PARTIES: 1.City of Meridian 2. L & G Murgoitio, LLC THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this a(o day of 20by and between the City of Meridian, a municipal corporation of the State of Idand, hereafter called "City", and L&G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called "Owner/ Developer." 1. RECITALS: 1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the "Property"; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property ("Application") requesting a designation of Medium-Low Density Residential District (R-4 District) under the UDC and generally describing how the Property will be used, developed and what improvements will be made; and 1.5 WHEREAS, this Agreement was negotiated and signed prior to any public hearings, but the final approval of the Agreement was subsequent to the annexation process and public hearings and final approval of the Application; and 1.6 WHEREAS, the City and the Owner/Developer have attempted to negotiate terms and conditions into this Agreement to allow for the continued use of the Property in the same manner and fashion that existed at the time of annexation until such time as the Property is developed or re-developed; and DEVELOPMENT AGREEMENT - 1 02872.0008 7528498 4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 467 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 232 of 396 1.7 WHEREAS, the City and the Owner/Developer agree to negotiate in good faith and seek resolution to any conditions or circumstances that exist at the time of annexation that are still necessary to continue the same use or manner of the Property until development or re -development and were not included in this Agreement; and 1.8 WHEREAS, the Owner/Developer, the City, and others made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to the current uses of the Property and how the Property may be developed, if any, at this time or in the future; and 1.9 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City's planning jurisdiction; and 1.10 WHEREAS, the Meridian City Council, on the h J day of 2011 O , approved certain Findings of Fact and Conclusions of Law an Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B" and have been accepted by Owner/Developer; and 1.11 WHEREAS, the Findings require the Owner/Developer to enter into this Agreement before the City Council takes final action on annexation and zoning designation; and 1.12 WHEREAS, the Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily; and 1.13 WHEREAS, the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property after annexation and future development of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in the UDC. DEVELOPMENT AGREEMENT - 2 02872.0008. 7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 468 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 233 of 396 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s) of the Property. 3.3 SITE/PROPERTY: means and refers to that certain parcel(s) of property located in the County of Ada, City of Meridian as described in Exhibit A" describing the parcels to be re -zoned R-4 (Medium -Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additional or different demand and/or need for public facilities or services after annexation. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 4. USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property after annexation shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City's Zoning Ordinance codified in the UDC. DEVELOPMENT AGREEMENT - 3 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 469 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 234 of 396 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Any existing written agreements for the collection, disposal, or maintaining of solid waste in pursuance of an agreement with the City's solid waste franchisee may remain until such time that the Property is developed in the future.. 4.4 Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future. The Property maintains a livestock business and operation. All existing uses and operation on the Property relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future. . 4.5 The Property will have an exemption to Meridian City Code 6-3-10, Firearms; Dischargeable Instruments, until such time that the Property is developed in the future. 4.6 Any use constituting an "agricultural operation", as defined in Idaho Code 22-4502 until such time the Property is developed in the future. 4.7 Currently stored or maintained on the Property: farm equipment, vehicles registered and unregistered), and excess organic and/or inorganic material necessary for the agricultural operation of the property. Such items may include but not be limited to weed spray, gasoline, diesel, wood, compost, fertilizers and the like in quantities not usually found in urban residential properties. Such storage may remain in the current condition at the time of annexation until such time that the Property develops in the future. future.. 4.8 Operate Timber Creek Recycling on the Property as is currently conducted or may be conducted in the future. The following outlines the primary activities, but not all activities, related to the operation of Timber Creek Recycling on the Property: 4.8.1 Recycled Materials. Timber Creek Recycling receives the following materials (collectively "Recycled Materials"): a) Wood. Wood is delivered to the Property from the Ada County Landfill and Republic Services. Owner/Developer is allowed to have up to twenty (20) truckloads of wood delivered to the Property daily. b) Grass. Grass clipping are delivered to the Property from Republic Services. Owner/Developer is allowed to have up DEVELOPMENT AGREEMENT - 4 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 470 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 235 of 396 to five (5) truckloads of grass clippings delivered to the Property daily. c) Leaves. Leaves are delivered to the Property from the Ada County Landfill. Owner/Developer is allowed to have up to ten (10) truckloads of leaves delivered to the Property daily. d) Sheetrock. Sheetrock is delivered to the Property from Republic Services. Owner/Developer is allowed to have up to five (5) truckloads of sheetrock delivered to the Property daily. e) Other Materials. Owner/Developer is allowed to accept other materials to recycle which are of the same category as the materials identified in Sections 4.8.1(a) through4.8.1(d) or are intended for agricultural uses. Owner/Developer will be allowed a reasonable number of truckloads of these other materials per day, but in no event to increase the existing number of truckloads per day by forty percent 40%) for each new material. 4.8.2 Recycling Activities. Owner/Developer is entitled to continue to accept, process and utilize the Recycled Materials as is currently done on the Property. For purposes of clarity, but not limitation, the following are the primary uses of the Recycled Materials: a) Wood. Wood is ground, screened and stored on the Property until used for bedding. Excess ground wood may be sold following Owner/Developer's current business model and operations (wholesale without advertising signage) unless Owner/Developer complies with the applicable provisions of the Meridian City Code. Owner/Developer is not limited to the number of truckloads of ground wood from the Property per day. b) Grass. Grass is utilized as feed for livestock, as a soil amendment, and for other agricultural use on the Property. c) Leaves. Leaves are processed and used on the Property as soil amendment. Prior to processing, the leaves are store in piles on the Property. Owner/Developer will comply with requirements from the Idaho Department of Environmental Quality, if any, in preventing substantial numbers of leaves from being blown offof the Property. DEVELOPMENT AGREEMENT - 5 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 471 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 236 of 396 d) Sheetrock. Sheetrock is ground with wood and stored on the Property until used for bedding or soil amendment. e) Other Materials. Owner/Developer will process and utilize any additional recyclable materials on the Property in a reasonable manner, 4.8.3 Termination of Recycling Operations. The above listed recycling activities on the Property will cease, unless permitted in the UDC: a) Upon the conveyance of the Property to a third party; provided, however, that the conveyance of the Property: 1) via intestacy or other estate planning devise or instrument; 2) to an immediate family member of any member of the Owner/Developer; or 3) to an affiliated entity, will not trigger the elimination of the uses permitted in this Section 4.8. 3. For purposes of this Section 4.8. 3, an "affiliated entity" is an entity: (a) which is a successor to Owner/Developer by either merger or consolidation or pursuant to sale of all or substantially all of Owner/Developer's assets or membership interests, or (b) an entity controlled by, or under common control with, or controlling Owner/Developer; or b) Within thirty (30) days of the latter of: i) the City of Meridian granting a Certificate of Occupancy to any residential or commercial development within 1000 feet of the grinding machine located on the Property, as approximately depicted on the attached Exhibit C; or ii) notice of the granting of a Certificate of Occupancy being delivered to Owner/Developer. 4.9 Construction or completion of two sheds on the Property to replace a shed which burned down in 2015. The approximate dimensions of the sheds are eighty feet by eighty feet (80'x80') and sixty feet by one hundred twenty feet (70'x160'). Construction has commenced on these sheds or will commence within one year of annexation. The construction of the sheds shall not constitute " development" as defined in Section 3.4. 5. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: DEVELOPMENT AGREEMENT - 6 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 472 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 237 of 396 5. 1.1 Future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. 5.1.2 Future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-5, unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation. 5.1.3 Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City. 5.1.4 Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 6. COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN: 6.1 The City intends to extend the sewer and water infrastructure ("Utility Extension") which will benefit the Property, the City, and other adjacent and adjoining properties. The City will endeavor to design the Utility Extension in a manner consistent with the City's Sewer Master Plan including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the city designs the Utility Extension. In furtherance of this objective, the Utility Extension will include, but is not limited to, the extension of: a) Water Mains; and b) Sewer Mains; and c) Trunk Lines. A complete description of the Utility Extension is set forth in Exhibit "C", incorporated by reference to this Agreement. 6.2 The City shall be expending funds to plan, design, and construct the Utility Extension described in 6.1 over the course of time. The City anticipates completion of the initial phase of the Utility Extension in or about Meridian Road/State Highway 69 within approximately two (2) years from the date of the publication of the annexation ordinance for the Property and the completion of the Utility Extension in or about Linder DEVELOPMENT AGREEMENT - 7 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 473 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 238 of 396 Road and Victory Road in approximately four (4) years from the date of the publication of the annexation ordinance for the Property. The above described timelines for completion of the Utility Extension are subject to the following conditions: a) Acts of God; or b) Denial of the Application by the City or any other governmental agency with authority to approve or deny the Application or Utility Extension; or c) Any legal challenge to the annexation of the Property that causes the delay of the annexation approval; or d) The inability of the City to acquire all the needed target properties necessary to allow for the necessary expenditure of the Utility Extension; or e) Economic limitations, as prescribed by law; or f) Permitting limitations or denials; or g) The inability to acquire the necessary easements for the Utility Extension; or h) Geology and/or geography of the area; or i) Weather conditions that may cause delay; or j) Unavailability or delay of materials for the Utility Extension; or k) Review or delay by other agencies needed for approvals of the Application or Utility Extension; or 1) Labor disputes, strikes, work stoppages; or m) Limitations by other governmental, semi -governmental, or private industry restrictions unanticipated at the time of execution of this Agreement; or n) Any and all contingencies, whether anticipated or not, that are beyond the control of the City. 6.3 In the event the City reasonably determines that it cannot complete the Utility Extension within the timeframes set forth above in Section 6.2 due DEVELOPMENT AGREEMENT - 8 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 474 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 239 of 396 to the occurrence of any of the conditions set forth in Sections 6.2(a) to 6.2(n), the Owner/Developer or the City may terminate this Agreement upon compliance with the requirements of the UDC, 6.4 This Agreement is part of an application for the simultaneous annexation of numerous parcels. This Agreement shall be null and void if the annexation of the Property or any other of the parcels to be simultaneous annexation is not approved. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event either party fails to faithfully comply with all of the terms and conditions included in this Agreement, this Agreement may be terminated by the Owner/Developer or the City upon compliance with the requirements of this Agreement and in a manner prescribed by law or ordinance. 7.2 Notice and Cure Period. In the event of any alleged default or failure to perform any obligation under this Agreement, the non -defaulting party shall give the alleged defaulting party written notice thereof. The party given notice of failure shall have a period of thirty (30) days after such notice is given within which to cure such default, which period shall be extended to the extent reasonably necessary to complete such cure so long as the cure was commenced within thirty (30) days after such notice is given and thereafter prosecuted with due diligence. 7.3 Remedies. 7.3.1 Remedies Against the Owner/Developer. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon the City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by the City. The sole remedy for enforcement of this Agreement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained within this Agreement or to de -annex the Property. DEVELOPMENT AGREEMENT - 9 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 475 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 240 of 396 7.3.2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 7.2, the City shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all rights to contest whether a default has occurred. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Following the development of the Property, Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property, as required by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense, either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the ordinance annexing and re -zoning the Property. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement, at its cost and expense. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements, which the Owner/Developer agrees to provide, if required by the City. DEVELOPMENT AGREEMENT - 10 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 476 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 241 of 396 12. CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement, and the Property shall be subject to de -annexation if the Owner/Developer shall not meet the conditions contained in the Findings, this Agreement, and the ordinances of the City. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: L & G Murgoitio, LLC 6575 S. Locust Grove Road Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This DEVELOPMENT AGREEMENT - 11 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 477 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 242 of 396 Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt an ordinance in connection with the annexation and zoning of the Property and execution by the Mayor and City Clerk. SIGNATURES ON FOLLOWING PAGE] DEVELOPMENT AGREEMENT - 12 02872.0008.7528498.4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 478 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 243 of 396 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L & urgoitio, LLC 7r.e41-4 7/ B B IJ%i12Date: Name: Title: me v -' CITY OF MERIDIAN: Date: 11 Zco frb By: Mayor Tier De Weers ATTEST: 41110 I J/-- Jaycee L. a lman, City Clerk at DEVELOPMENT AGREEMENT - 13 02872 0008 7528498 4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 479 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 244 of 396 STATE OF IDAHO ss. County of Ada On this 1E1/46 day of August, 2015, before me, A(,!CA1i`k-1C1c rc_ ,-- a Notary Public in and for said State, personally appeared ba..r J - U. 1/V1 u f u( ` known or identified to me to be the manager or a member of L & G Murgoiti6, LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ALliatu gliu2A4:(,) Notary Publ' for Idaho Residing at I SQ 1 o My commission expires STATE OF IDAHO ss. County of Ada On this R(O day of \\p.m..ko. ,-.2{3-1-5, before me, a Notary Public, personally appeared Tammy De Weerd and Jaycee L olman, known or identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ca ,% JO •'51111111..• '• Notar_Pub is orr • Residing at k o x' J AIMS)/My commission expires \\a r) LI , coo O 474`OF IDS'.•' DEVELOPMENT AGREEMENT - 14 02872 0008 7528498 4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 480 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 245 of 396 EXHIBIT A ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO L & G MURGOITIO, LLC - PARCEL NO. 1 A parcel located in the E Y of the SE X of Section 6, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE % of the SEX, from which an aluminum cap monument marking the northeasterly corner of the SE X of said Section 6 bears N 004'44" W a distance of 2655.72 feet; Thence N 8921'59" W along the southerly boundary of said E % of the SE X a distance of 1323.88 feet to the southwesterly corner of said E X of the SE X; Thence N 002'17" W along the westerly boundary of said E % of the SE X a distance of 2655.45 feet to the northwesterly corner of said E % of the SE X; Thence S 8922'37" E a distance of 1321.98 feet to an aluminum cap monument marking the northeasterly corner of said E % of the SE %; Thence S 0°0444" E along the easterly boundary of said E % of the SE X a distance of 2655.72 feet to the POINT OF BEGINNING. This parcel contains 80.64 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 481 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 246 of 396 EXHIBIT A ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO L & G MURGOITIO, LLC — PARCEL 2 A parcel located in the NE % of Section 5, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the northwesterly corner of said NE %, from which a 5/8 inch diameter iron pin marking the southwesterly corner of said NE % bears S 001'18" W a distance of 2674.72 feet; Thence S 001'19" W along the westerly boundary of said NE % a distance of 1854.47 feet to a 5/8 inch diameter iron pin; Thence leaving said westerly boundary S 7830'02" E a distance of 191.66 feet to a 5/8 inch diameter iron pin; Thence N 43000'20" E a distance of 108.41 feet to a 5/ 8 inch diameter iron pin; Thence N 68036'37" E a distance of 694.84 feet to a 5/ 8 inch diameter iron pin; Thence S 4602'31" E a distance of 379.56 feet to a 5/8 inch diameter iron pin; Thence S 6459'20" E a distance of 64.46 feet to a 5/8 inch diameter iron pin; Thence N 022'35" W a distance of 32.24 feet to a point on the centerline of the Farr Lateral; Thence along said centerline the following described courses: Thence N 49°5959" W a distance of 27.38 feet to a point; Thence N 22°30'26" W a distance of 1518.71 feet to a point; Thence N 2512'16" W a distance of 135.17 feet to a point; Thence a distance of 153.61 feet along the arc of a 200.00 foot radius curve left, said curve having a central angle of 4400'19" and a long chord bearing N 47012'25" W a distance of 149.86 feet to a point; Page 1 of 2 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 482 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 247 of 396 Thence N 69°12'35" W a distance of 194.76 feet to a point; Thence leaving said centerline N 000'01" E a distance of 104.32 feet to a 5/8 inch diameter iron pin on the northerly boundary of said NW %; Thence N 89°56'47" W along said northerly boundary a distance of 287.51 feet to the POINT OF BEGINNING. This parcel contains 32.22 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated October 13, 2015 Page 2 of 2 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 483 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 248 of 396 EXHIBIT A SKETCH TO ACCOMPANY ANNEXA TION DESCRIPTION FOR THE CITY OF MERIDIAN L OCA TED IN THE E 1/2 OF THE SE 1/4 OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO CE 1/16 1/4 S 89 22'37" E 1321.98' Q SCALE: l`--400' C7 h VLBcGMURGOIT/O, LLC PARCEL 1 N h h N N SE 1/16 S 1/16 N O o O O Z COLUMBIA ROAD 6 5 E 1/16 N 89 21 '59" W 1323.88' 7 8 LA Np POINT OF BEGINNING ONPL G\ST ER G o -c a 5082 CIVIL SURVEY CONSULTANTS, INC. Io/Il f-o 2893 SOUTH MERIDIAN ROAD r£OF P FNHK. MERIDIAN, IDAHO 83642 BENNE 208)888-4312 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 484 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 249 of 396 EXHIBIT A SKETCH TO ACCOMPANY ANNEXA TION DESCRIPTION FOR THE CITY OF MERIDIAN L OCA TED IN THE NE 1/4 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 1/4 N 89 5647" W POINT OF 287.51 ' • 1110 E 1/16 BEGINNING SCALE- I" JOO' oL&G MURGOIT/O, LLC N N o ^ PARCEL 2 0 L NPL LAND ms G\ST,FR G k oma. 5082 0, "r£ of oP Al s \ lFNN K. BENNE 69. 84 N 68.36, 3 0"' + \ L-5 L-4 C, • V N LINE DATA ro LINE BEARING DISTANCE L-1 S 78'30'02" E 191.66' CIVIL SURVEY CONSULTANTS, INC. L-2 N 43'0020" E 108.41' C 1/4 • 2893 SOUTH MERIDIAN ROAD L-3 S 645920" E 64.46' L-4 N 0'2235" W 32.24' MERIDIAN, IDAHO 83642 L-5 N 49'5959" W 27.38' 208)888-4312 L-6 N 25'12'16" W 135. 17' L-7 N 69'1235" W 1 194.76' L-8 N 0'00'01 " E I 104.32' CURVE DATA CURVE DELTA RADIUS ARC TANGENT CHORD CHORD BRNG. C-1 44'0019" 1 200.00 1 153.61 80.82 149.86 N 47'1225" W EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 485 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 250 of 396 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 486 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 251 of 396 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C WEgIDIANI", In the Matter of the Request for Annexation of Approximately 1322.14 Acres from RUT in Ada County to the R-4 (Medium Low-density Residential) (1241.10 Acres), R-8 (Medium Density Residential) (10.37 Acres), R-15 (Medium High-density Residential) (30.10 Acres) and C -G General Retail and Service) (40.57 Acres) zoning districts, for South Meridian, by City of Meridian Planning Division. Case No(s). H-2015-0019 For the City Council Hearing Date of. December 15, 2015 (Findings on January 5, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. § 67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0019 1- EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 487 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 252 of 396 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Agency Comments all in the attached Staff Report for the hearing date of December 15, 2015, incorporated by reference. These 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 is hereby approved per the Agency Comments in the attached Staff Report for the hearing date of December 15, 2015, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis I . The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of December 15, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015- 0019 2- EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 488 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 253 of 396 By action of the City Council at its regular meeting held on theday of , 2016. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED j COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED_ COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD - VOTED TIE BREAKER) G¢ Qo' CUD ar my de Weerd Attest: " City of aw tiP e Ho a , Clerk re: rne s Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: Dated: / Z' City C erk's Of Ic CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0019 3- EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 489 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 254 of 396 EXHIBIT A STAFF REPORT w T Hearing Date: December 15, 2015 L, 1 I-- TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: South Meridian — H-2015-0019 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The City of Meridian Planning Division, with consent from all of the subject property owners, has applied for annexation of approximately 1322.14 acres of land from the RUT zoning district in Ada County to the R-4 (Medium -low density residential) (1241.10 acres); R-8 (Medium -density residential) (10.37 acres); R-15 (Medium high-density residential) (30.10 acres) and C -G (General retail and service) (40.57 acres) zoning districts. IL SUMMARY RECOMMENDATION Staff recommends approval of the proposed annexation (AZ) application in accord with the agency and department comments in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard this item on November 19. 2015. At the Dublic hearing. the Commission voted to recommend aDDroval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Planning Division (Caleb Hood). Mari Taysom. Robin Willeman. Brian White(neutral); Carl and Bonnie Reiterman, Susan Blomberg, Kurin Ramis and Cynthia Davis ii. In opposition: Ronald Galloway iii. Commenting: Kent Mills, Gary Hanson (opposition), Jay Christensen, Dave Taysom, Gordon Hamilton and Aaron Raay iv. Written testimony: None v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. District boundaries between the established Fire Districts, the Kuna School District and West Ada School District and how/if those are affected with the proposed annexation boundary. ii. Future development of the City park site. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian Citv Council heard this item on December 15. 2015. At the public hearing. the ncil approved the subject AZ r South Meridian AZ — H-2015-0019 PAGE- 1 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 490 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 255 of 396 EXHIBIT A a. Summary of City Council Public Hearing: i In favor: Planning Division (Caleb Hoodl jj. In opposition: None iii. Commenting: Kent Brown iv. Written testimony: None Y, Staff presenting application: Caleb Hood vi. Other staff commenting on application: Warren Stewart and Bill Nary b. Key Issues of Discussion by Council: L Execution of sewer easements on private properties that are within the first phase utility extension. ii. The language of the default clause in the development agreement and how that affects the annexation of subject properties if the public infrastructure is not extended within established tjme perjods. iii. Ability to rezone some of the subject properties in the future. jv. Using the Comprehensive Plan to inform residents of the future development potential f the properties requesting annexation. r,, 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-2015- 0019, as presented in the staff report for the hearing date of December 15, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0019, as presented during the hearing on December 15, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject properties are generally located along W. Amity Road, east of S. Linder Road, west of S. Eagle Road and north of E. Columbia Road in Section 25, Township 3 North, Range 1 West; Section 36, Township 3 North, Range 1 West; Section 1, Township 2 North, Range 1 West; Section 6, Township 2 North, Range 1 East; Section 31, Township 3 North, Range 1 East; Section 32, Township 3 North, Range 1 East and Section 5, Township 2 North, Range 1 East. B. Owner(s): The proposed annexation is comprised of 42 parcels owned by 22 different property owners. Please see application for a list of all property owners. C. Applicant: Caleb Hood, Planning Division Manager City of Meridian Planning Division 33 E. Broadway Avenue Meridian, Idaho 83642 South Meridian AZ — H-2015-0019 PAGE 2 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 491 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 256 of 396 EXHIBIT A D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an annexation. 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: November 2, and November 16, 2015 (Commission); November 23, and December 7, 2015 (Council) C. Radius notices mailed to properties within 300 feet on: October 22, 2015 (Commission); November 20, 2015 (Council) D. The properties were posted on: November 6, 2015 (Commission); December 2, 2015 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject properties are generally rural residential in nature. Some are developed with residences or are being farmed; several of the properties have commercial/industrial type uses operating from them. All properties are currently zoned RUT Ada County. B. History of Previous Actions: NA C. Utilities: There are two phases in which the infrastructure will be extended. The first phase anticipates completion of the infrastructure in or about Meridian Road within two years of annexation. The second phase envisions infrastructure in or about Linder Road and Victory Road within four years of annexation. These commitments are memorialized in the development agreements signed by the property owners. D. Physical Features: Canals/Ditches Irrigation: The Rawson Canal, Farr Lateral, Calkins Lateral, Carlson Lateral, Beckdolt Lateral, McBirney Lateral and various other irrigation ditches transverse the subject properties. Hazards: A 75 -foot easement for the Williams -Northwest Pipeline Corporation transverses through a portion of the properties west of S. Meridian Road proposed for annexation. The Northwest Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. Those properties impacted by the easement must adhere to the standards in the developer handbook provided by the gas company. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS There are 1,322 acres on 42 parcels included with the annexation request. While a majority of the properties are planned for residential, there are seven (7) distinct land use designations shown on the Future Land Use Map. The subject properties have the following land use designations: 1) "Low Density Residential" (LDR) - The LDR designation properties are envisioned to develop with single family homes on large lots at anticipated densities of 3 dwelling units or less per acre. 2) "Medium Density Residential" (MDR) - The MDR designation also envisions single family homes on smaller lots at anticipated densities of 3 to 8 dwelling units per acre. South Meridian AZ — H-2015-0019 PAGE 3 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 492 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 257 of 396 EXHIBIT A 3) "Medium High Density Residential" (MHDR) - The MHDR designation envisions residential developments consisting of townhomes, condominiums, and apartments at anticipated densities of 8 to 15 dwelling units per acre. 4) "Mixed-use Community (MU -C) and Mixed-use Regional" (MU -R) - In the broader content of these mixed use areas, the Comprehensive Plan envisions these areas to develop, including but not limited to, the following characteristics: Residential densities at a minimum of 6 dwelling units to the acre; Where feasible higher density along SH 69 to serve employment destination centers; A conceptual site plan; Provide community serving facilities such as hospitals, schools, parks, public safety facilities and churches; Provide some form of common, usable area, such as a plaza or green space; Landscape buffering between commercial and existing low or medium density residential; Three different types of land uses and; Be accessible to neighborhoods by both vehicles and pedestrians. Provide street sections consistent with the Ada County Highway District's Master Street Map. 5) "Mixed-use Non-residential" (MU -NR) — The MU -NR designation envisions areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned/or existing uses in these areas. Sample uses include a mix of employment, professional offices, warehousing, flex buildings and storage uses.. 6) "Civic" — The purpose of this designation is to preserve and protect existing and municipal, state and federal lands for area residents and visitors. Sample uses include parks, sites for public utilities and public schools. The City, at the request/consent of the property owners, is proposing to annex approximately 1,322 acres of land with the R-4, R-8, R-1 5 and C -G zoning districts. It is envisioned that some of the subject properties will seek re -zoning consistent with the Future Land Use Map (FLUM) designations in the future. At this time, no development is proposed with the subject annexation request and therefore a vast majority of the property (1,241 acres) is proposed to be annexed as R-4. All of the subject property owners have signed a Development Agreement (DA) that will be executed if the subject annexation is approved. Within each DA is a requirement that any proposed development plan be reviewed and approved as an amendment to the executed Development Agreement. Upon development/re-development of all these properties in the future, adherence to the characteristics of their respective land use designation described above will be required. Staff also finds the following generally Comprehensive Plan policies to be applicable to this application (staff analysis in italics): Coordinate with public works, police, parks and fire departments on proposed annexation and development requests and the impact on services." (3.04.01 H) With the accompanying annexation application, the applicable City departments provided input and comments on the subject annexation and the impacts to their departments/services. See Exhibit B). 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." (3.07.01 E) South Meridian AZ — H-2015-0019 PAGE 4 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 493 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 258 of 396 EXHIBIT A Much of this area is rural in nature. A majority of the properties contained within the annexation boundary are designated for residential uses and will be zoned with a residential zone. Under the R-4, R-8 and R-15 zoning districts a mix of residential housing is allowed in these districts that should provide additional housing choices in the area, when development is proposed in the future. 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) No permits are requested and none are being approved with this application. As mentioned above, this is not the final approval for any of the subject properties; urban service availability will be evaluated when development is proposed. As part of the subject application, the City ofMeridian is proposing to extend sewer service into this area, to just south ofAmity Road at Meridian Road. Water, fire, police, parks and other urban services will be evaluated for each property when development is proposed. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties." (3.03.020) Future development of these properties will be required to comply with the City's subdivision standards in UDC 11-6C-3 and ACHD's Master Street Map and street section standards to provide an appropriate street network for this area ofMeridian. Implement the City's Pathways Master Plan." (5.03.01A) The Comprehensive Plan depicts a 10foot pathway through numerous properties in this area. When future development is proposed, the developer will be required to construct segments of the]Ofoot wide multi -use pathway in accord with the City's Master Pathways Plan. Compose and implement standards and mitigation measures for development near the northwest Pipeline and the liquefied natural gas tank in northwest Meridian." (6.05.01I) A portion ofproperties south ofMeridian Road are impacted by a 75 foot wide Williams - Northwest pipeline easement. Staff will transmit applications to the gas company when future developments) come forward. Any improvements and construction within the easement area will require the review and approval of the gas company prior to the commencement of any construction. Require adequate fees from new development to fund expansion of services." (6.02.01C) With any future development of the subject properties, the developer will be required to pay impact fees to the City (fire, police and/or parks) and ACHD (traffic) to help fund the expansion of City services and future road improvements. Enforce City Codes." (3.05.02D) Future development of these properties will be required to comply with all City codes in effect at the time of application submittal. For the above stated reasons, staff finds the proposed annexation complies, and is not in conflict with, the policies, goals and objectives of the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential and Commercial Districts: 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 South Meridian AZ — H-2015-0019 PAGE 5 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 494 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 259 of 396 EXHIBIT A distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Large-scale and a broad mix of retail, office, service and light industrial uses are allowed in the C -G zoning district in close proximity and/or access to interstate or arterial intersections. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 and UDC 11-213-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4, R-8, R- 15 and C -G zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: All future development on any property subject to this annexation should be consistent with the dimensional standards listed in UDC Table 11 -2A-5, UDC 11-2A-6, UDC 11-2A-7 and UDC 11-2B-3 for the R-4, R-8, R-15 and C -G zoning districts. D. Subdivision Design and Improvement Standards: Any development proposed for the vacant properties in the future must comply with the subdivision design standards outlined in UDC 11- 6C-3. E. Landscaping (UDC 11-3B) and open space/amenity standards (UDC l 1-3G) will apply to any future proposed development. F. Future development of the proposed C -G zoned property must comply with the design standards in effect at the time of application submittal. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation and Zoning: The City of Meridian (City), in association with the subject property owners, is proposing to annex 1322.14 acres of land contiguous with the City corporate boundaries and within Meridian's Area of City Impact (AOCI). The subject annexation meets the eligibility requirements for a Category A annexation classification as set forth in Idaho Code §50-222; the subject annexation is being processed in accord with State Code. The proposed annexation is comprised of multiple properties owned by multiple parties. Each property owner has submitted consent to annex form. These written consent to annex forms have been recorded. These property owners desire to annex so their respective properties can be developed to urban densities at some time in the near future. However, no development is proposed at this time. As noted above in the Comprehensive Plan section, multiple land use designations exist on the subject properties. The proposed zoning designations for the area are as follows: R-4 ( 1241.10 acres); R-8 (10.37 acres); R-15 (30.10 acres) and C -G (40.57 acres). Staff believes the requested zones are generally consistent with the Future Land Use Map designations noted in Section XIII above. The legal descriptions submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Pursuant to Idaho Code §67-6511 A, the City may require a development agreement (DA) in conjunction with an annexation. In order to ensure the subject properties develop consistent with the policies and codes of the City, staff recommends a DA as a provision of annexation. South Meridian AZ — H-2015-0019 PAGE 6 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 495 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 260 of 396 EXHIBIT A Over the past year, City Staff has worked with the subject property owners to develop an annexation plan. As mentioned previously, each of the property owners has submitted a signed consent to annex form and development agreements that address current uses and future development of their properties. Each development agreement is customized for the owner and parcel. Some provisions within the development agreements vest owners with land uses and/or operations that are not typically allowed within City limits. For example, some of the properties currently have livestock. In these situations, the development agreement allows that use to continue until development occurs. Further, typically with annexation, existing structures are required to hook-up to services and switch to the City's solid waste schedule. However, in this case, existing structures will not be close enough to hook-up and changing solid waste at this time did not make sense; these and other City Code provisions will be enforced when development occurs. Essentially, the agreements allow the current land uses and operations to continue until development is proposed within the City. Part of the annexation plan involved an active role by the Public Works Department to ensure extension of City utilities, specifically sewer and water. There are a couple of different sewer sheds in this area. Sewer trunks currently existing in Meridian Road near the Victory Road intersection and in Linder Road near the Ridenbaugh Canal (see attached South Meridian Conceptual Plan). Within each Development Agreement is a section titled "Commitments and Conditions by the City of Meridian". This section outlines the advancement of sewer and water infrastructure for the benefit of the subject properties. This section explains the City's role in planning, designing and construction of infrastructure over time. There are two phases in which the infrastructure will be installed. The first phase anticipates completion of the infrastructure in or about Meridian Road within two years of annexation. The second phase envisions infrastructure in or about Linder Road and Victory Road within four years of annexation. NOTE: These extensions of utilities are not comprehensive and will not allow all of the subject properties to develop immediately after installation. Additional extension of these utilities is needed in the future. It is envisioned that the additional extension of these utilities be done by/with developers in the future. The future development of these properties will have to adhere to the characteristics of their underlying land uses and all City of Meridian ordinances in effect at the time of development, including any necessary utility extensions. A more thorough review of development and utility plans will occur once development is proposed for the subject properties. Staff finds annexation of the subject properties are necessary to assure the orderly development of the City and recommends approval of the proposed annexation request in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Maps 2. Future Land Use Map 3. Exhibit Map of Annexation Boundary 4. South Meridian Conceptual Plan B. Agency and Department Comments C. Legal Descriptions and Exhibit Maps D. Required Findings from Unified Development Code South Meridian AZ — H-2015-0019 PAGE 7 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 496 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 261 of 396 EXHIBIT A A. Drawings 1. Vicinity Map South Meridian AZ—H-2015-0019 PAGE 8 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 497 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 262 of 396 EXHIBIT A 2. Future Land Use Map South Meridian AZ — H-2015-0019 PAGE 9 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 498 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 263 of 396 EXHTBTT A 3, Exhibit Map of Annexation Boundary EXHIBIT F SIM 7 CH TOACCOMPANY2VNINGDESCRIP77ONS FOR THE CITY OFMERDhWL0 4TEDIN SEC77CWS SAND B, 70WNSHIP2 N0 77Y,, RANGE 1 EAST, SEC77ON 1, TOWNSHIP2NORM, RANGE 1 WEST, SECTIONS 31 AND 32, 7VWNSHIP3 NOR 7H- ,, RANGE 1 EAST, SEC77OMS25AND 36, TOWNSHIP3NORTH,, RANGE 1 WEST, BOISEMERIDIAN, ADA COUNTY, IDAHO LEGEND 4 7 tia RON L• 77+ r d 1 i'p 4 . ti o , r4wM o a s•oc o y4, South Meridian AZ — H-2015-0019 PAGE 10 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 499 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 264 of 396 4. South Meridian Conceptual Flan W 1''i Feet I EXHIBIT A M E 13U. 17Y7 ishgrsriiJtY`i y • i Legend _ +'r AlfTlfr K Arrityd F Sting Sewer ` 1 r r Future Phase 1 Sevres \ Future Phase 2 Sewer 4 1 Phase 1 Area P Phasa 2 Area Kuna CIty Limits rw MaridianCity rnite o Df ti rT r UY c4 MsddlRn uukas no reprarwnebm w wnr7rRies, ecTressed or InlPlied as ffl tho aca-raCV. Camplatanetz, timdr- Q rights to usa If ihis Hwmudm, City of Memlian shall rd bts faUo far nwcraecles wm1 uw. Fubura phase sewer lamrinn€ wa pnmllzsd ead wl>jad to grudRQWn. South Meridian Conceptual Flan hfa m -p is ma* Flom dr#a ospYnahled byAl. C..*Ada CsuntY!OWO tent be Ilabrefbr nacaaapes wmisuse of this trop, hops bsiving this flis" mer may be photampled trimly liorever, use In sryrnlg Gdf*'M r0gsresthe wriltenpermissim ofAda County. C44{ ;P ri gmtat111111 I CJ 4A South Meridian AZ — H-2015-0019 PAGE 11 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 500 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 265 of 396 EXHIBIT A B. AGENCY AND DEPARTMENT COMMENTS 1. PLANNING DIVISION 1.1 Annexation - Comments 1. 1.1 All property owners shall execute a development agreement with the City of Meridian prior to annexation into the City. 1. 1.2 Any development of land containing the 75 -foot wide gas line easement must comply with the Northwest Pipeline Development Guidelines. An encroachment permit is required for any improvements proposed within the pipeline easement. 1.1.3 Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. 1.1.4 Any future development shall comply with all bulk, use, and development standards of the R-4, R-8, R-15 and C -G zoning districts listed in Title 11, Chapter 2. 2. PUBLIC WORKS DEPARTMENT 2.1 As part of the annexation plan, the Public Works Department was actively involved to ensure extension of City utilities, specifically sewer and water. Within each Development Agreement is a section titled "Commitments and Conditions by the City of Meridian" as follows: The first phase anticipates completion of the infrastructure in or about Meridian Road within two years of annexation and; The second phase envisions infrastructure in or about Linder Road and Victory Road within four years of annexation. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on the subject application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on the subject application. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on the subject application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Comments have not yet been received from ACHD on this application. South Meridian AZ — H-2015-0019 PAGE 12 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 501 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 266 of 396 C. Legal Description and Exhibit Maps EXHIBIT A EXHIBIT A ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO A parcel located in the W % and the NE X of Section 5, Township 2 North, Range 1 East, Boise Meridian, Section 6, Township 2 North, Range 1 East, Boise Meridian,. the NE Y of Section 1, Township 2 North, Range 1 West, Boise Meridian, the E % and the NE Y. of the NW'/. of Section 36, Township 3 North, Range 1 West, Boise Meridian, the SE % of the SW X of Section 25, Township 3 North Range 1 West, Boise Meridian, Section 31, Township 3 North, flange 1 East, Boise Meridian, and the SW Y. of Section 32, Township 3 North, Range 1 East, Boise Meridian, AdaCounty, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said Section 6; Thence N 89°21'59" W along the southerly boundary of said Section 6 a distance of 2647.76 feet to an aluminum cap monument marking the southwesterly corner of the SE % of said Section 6; Thence N G'00'10" E along the westerly boundary of said SE l a distance of 1327.59 feet to the southeasterly corner of the NE Y4 of the SW 34 of said Section 6; Thence N 89°17"26" W along the southerly boundary of said NE J of the SW Y. a distance of 1331.53 feet to a 5/ 8 inch diameter iron pin marking the southwesterly corner of said NE Y of the SW Y4; Thence N 0"27' 37" E along the westerly boundary of said NE'/ of the SW ! a distance of 1325. 33 feet to a brass cap monument marking the northwesterly corner of said NE Y, of the 5W'/; Thence S 8923'05" E along the northerly boundary of said NE Ya of the SW % a distance of 1320.92 feet to a 5/ 8 inch diameter iron pin marking the southwesterly corner of the SW "/ of the NE Y4 of said Section 6; Thence N 0'00'19" E along the westerly boundary of said SW'/. of the NE X a distance of 1324.27 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said SW % of the NE %; Thence S 89°27'40" E along the northerly boundary of said SW Y4 of the NE % a distance of 1321.03 feet to a 5/8 inch diameter iron pin marking the northeasterly corner of said 5W Y4 of the NE %; Thence S 0'02' 48" E along the easterly boundary of said SW J of the NE'/ a distance of 626.48 feet to a point on the centerline of the Rawson Canal; Thence along said centerline the following described courses: Page 1 of 12 South Meridian AZ —H-2015-0019 PAGE 13 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 502 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 267 of 396 EXHIBIT A Thence 5 68`21'07" W a distance of 83.05 feet to a point; Thence S 58917'20" W a distance of 78.37 feet to a point; Thence 5 45*03'54" W a d istance of 112.64 feet to a point; Thence S 24"12'25" W a distance of 318.61 feet to a point; Thence 5 7'46'16" W a distance of 61.54 feet to a point; Thence S 12°36'26" E a distance of 60.29 feet to a point; Thence S 30'39'02" E a distance of 415.51 feet to a point; Thence 5 19`39'30" E a distance of 279.77 feet to a point; Thence 5 29' 39'25" E a distance of 59.76 feet to a point; Thence 5 41' 56'40" E a distance of 62.27 feet to a point; Thence 5 52°05' 27" E a distance of 62,16 feet to a point on the westerly boundary of the NE N of the SE'! of said Section 6; Thence leaving said centerline N 0'£12'17" W along said westerly boundary a distance of 631.35 feet to the southwesterly corner of the 5E'/. of the NE Y4 of said Section 6; Thence N 0"02'08" W along the westerly of said SE Y of the NE X a distance of 699.75 feet to a point on the centerline of the Rawson Canal; Thence along said centerline the following described courses: Thence leaving said westerly boundary N 78° 25' 56" E a distance of 172.22 feet to a point; Thence N 5455'21" E a distance of 85. 30 feet to a point; Thence N 31" 51'13" E a distance of 102.72 feet to a point; Thence N 10"25'11" E a distance of 390.20 feet to a point; Thence N 5`26' 51" W a distance of 113.22 feet to a point; Page 2 of 12 South Meridian AZ —H-2015-0019 PAGE 14 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 503 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 268 of 396 EXHIBIT A Thence N 18' 56" 19" W a distance of 293.97 feet to a point; Thence N 32"08'37" W a distance of 102.04 feet to a point; Thence N 61°32'56" W a distance of 114.87 feet to a point; Thence N 74'58'41" W a distance of 54.41 feet to a point; Thence leaving said centerline N 0"02' 08" W a distance of 862..34 feet to a 5/ 8 inch diameter iron pin on the southerly boundary of the SE X. of said Section 31; Thence N 89" 42'18" W along the southerly boundary of said SE X a distance of 1370-03 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of said 5E/; Thence N 0"16'58" E along the westerly boundary of said 5E'/s a distance of 2684.95 feet to a stone marking the southeasterly comer of the NW % of said Section 31;. Thence S 89"57'01" W along the southerly boundary of said NW Y. a distance of 1645.37 feet to a point; Thence leaving said southerly boundary N 5°34'57" W a distance a distance of 142.10; Thence N 40"14' 52" W a distance of 207.58 feet to a point; Thence S 89`57'03" W a distance of 711.02 feet to a point on the westerly houndary of said NW l; Thence S 037'40" W along said westerly boundary a distance of 300.02 feet to brass cap monument marking the northwesterly corner of Government Lot 3 of said Section 31; Thence S 0°05' 05" E along the westerly boundary of said Government Lot 3 a distance of 1334,93 feet to the southwesterly corner of said Government Lot 3; Thence S 89`53' 05" E along the southerly boundary of said Government Lot 3 a distance of 1191.13 feet to a stone monument marking the northwesterly corner of the SE Y. of the SW Y. of said Section 31; Thence S 0"02'00" E along the westerly corner of said 5E'/. of the SW X a distance of 1338.69 feet to a 5/8 inch diameter iron pan marking the northwesterly corner of the E % of the NLN Y. of said Section 6; Page 3of12 South Meridian AZ —H-2015-0019 PAGE 15 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 504 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 269 of 396 EXHIBIT A Thence S 0°26'46" W along the westerly boundary of said EY, of the NW 'Y a distance of 2645.45 feet to a brass cap monument marking the southeasterly corner of Government Lot 5 of said Section 6; Thence N 89"23' 05" W along the southerly boundary of said Government Lot 5 a distance of 1208.74 feet to an aluminum cap monument marking the southwesterly corner of said Government Lot 5; Thence N 0"51'13" E along the westerly boundary of said Government Lot 5 a distance of 368.45 feet to a point; Thence leaving said westerly boundary N 89"50'22" E a distance of 205.00 feet to a '/2 inch diameter iron pin; Thence S O'51'13" W a distance of 50.00 feet to a h inch diameter iron pin; Thence N 89`50' 22" E a distance of 190.40 feet to a Y2 inch diameter iron pin; Thence N 0'51'13" E a distance of 150.00 feet to a Y2. inch diameter iron pin; Thence S 89°50' 22" W a distance of 395.40 feet to a point on the westerly boundary of said Government Lot 5; Thence N 051'13" E along said westerly boundary a distance of 687.31 feet to a point on the centerline of the Meridian Canal; Thence along said centerline the following described courses: Thence leaving said westerly boundary 5 80"55'41" W a distance of 359.01 feet to a point; Thence S 65`13'12" W a distance of 115.62 feet to a point; Thence 5 55`17'04" W a distance of 137.84 feet to a point; Thence N 50' 45'40" W a distance of 111.90 feet to a point; Thence N 23'19' 53" W a distance of 105.88 feet to a point; Thence N 60°00'15" W a distance of 247.58 feet to a point; Thence leaving said centerline N 052'35" E a distance of 75.58 feet to a 518 inch diameter iron pin on the southerly boundary of Government Lot 1 of said Section 1; Page 4 of 12 South Meridian AZ —H-2015-0019 PAGE 16 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 505 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 270 of 396 EXHIBIT A Thence 5 88"49' 30" E along said southerly boundary a distance of 262.38 feet to a 5j8 inch diameter iron pin marking the southwesterly corner of Lot 2 of STUCKER SUBDIVISION as shown in Book 62 of Plats at Page 6134 in the office of the Recorder, Ada County, Idaho; Thence leaving said southerly boundary N 0°53' 24" E along the westerly boundary of said Lot 2 a distance of 131$.34 feet to a point on the northerly boundary of the NE'/ of said Section 1; Thence N 89°03' 22" W along said northerly boundary a distance of 69992 feet to a point on the extension of the easterly boundary of Lot 4 of LAKE HAZEL ESTATES as shown in Book 29 of Plats at Page 18010 in said office of the Recorder; Thence leaving said northerly boundary 5 0°53'24" W along said easterly boundary distance of 657.80 feet to a Yx inch diameter iron pin marking the southeasterly corner of said Lot 4; Thence N 88'56' 24" W along the southerly boundary of Lots 3 and 4 of said LAKE HAZEL ESTATES a distance of 639.64 feet to a% inch diameter iron pin marking the southwesterly corner of said Lot 3; Thence 5 0°54'08" W along the easterly boundary of Lots 6 and 7 of said LAKE HAZEL SUBDIVISION a distance of 656.46 feet to a Yz inch diameter iron pin marking the southeasterly corner of said Lot 7; Thence N 88°49'40" W along the southerly boundary of said Lot 7 a distance of 664.77 feet to a Ys inch diameter iron pin markingthe southwesterly corner of said Lot 7; Thence N 0'54'50" E along the westerly boundary of said Lots 6 and 7 a distance of 655.56 feet to a Y2 inch diameter iron pin marking the northwesterly corner of said Lot 6; Thence S 88°56' 24" E along the northerly boundary of said Lot 6 a distance of 332.02 feet to a inch diameter iron pin marking the southwesterly corner of Lot 2 of said LAKE HAZEL ESTATES; Thence N 0'55' 56" E along the westerly boundary of said Lot 2 a distance of 655.83 feet to a point on the southerly boundary of said E l of Section 36; Thence N 89"03'22" W along said southerly boundary a distance of 332.23 feet to an aluminum cap marking the southwesterly corner of said E %; Thence N 0"26'40" E along the westerly boundary of said E Y2 a distance of 2655.41 feet to a 5j8 inch diameter iron pin marking the northwesterly corner of the SE % of said Section 36; Thence continuing along said westerly boundary N 4"33' 10" E a distance of 1327.40 feet to the southeasterly corner of said NE Y. of the NW Y/ of said Section 36,- Page 6; Page 5 of 12 South Meridian AZ —H-2015-0019 PAGE 17 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 506 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 271 of 396 EXHIBIT A Thence N 89' 28'43" W along the southerly boundary of said NEY4 of the NW !I a distance of 1327.20 feet to the southwesterly corner of said NE Y. of the NW'/; Thence N 0'37'46" E along the westerly boundary of said N E 1. of the NW ti a distance of 1325.97 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of said 5E Y of the SW'/. of Section 25; Thence N 0"29'29" E along the westerly boundary of said SE Y of the SW y a distance of 1325.12 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said SE'/ of the SW 35; Thence S 89°29'35" E along the northerly boundary of said SE Y of the SW J a distance of 644.67 feet to a 5/ 8 inch diameter iron pin; Thence leaving said northerly boundary 5 0°27'31" W a distance of 1324.59 feet to a 5/8 inch diameter iron pin on the southerly boundary of said SE'/. of the SW %; Thence along said southerly boundary 5 89°32' 25" E a distance of 680.00 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said E'/x of Section 36; Thence S 89'04'32" E along said northerly boundary a distance of 490.39 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary 5 45'31' 22" E a distance of 45874 feet to a 5j8 inch diameter iron pin; Thence 5 26` 33'24" E a distance of 417.44 feet to a point on the centerline of the Belle Sub Lateral; Thence along said centerline the following described courses: Thence S 33°50'24" W a distance of 339.76 feet to a point; Thence 5 16°42'19" E a distance of 363.90 feet to a point on the northerly boundary of the 5W l of the NE % of said Section 36; Thence leaving said centerline 5 89°11'57" E along said northerly boundary a distance of 377.58 feet to a X inch diameter iron pin marking the northwesterly corner of the SE'/ of the NE/; Thence S 89'14'22" E along the northerly boundary of said SE % ofthe NE Y. a distance of 1317.70 feet to the northeasterly corner of said SE Y. of the NE Y; Page 6 of 1.2 South Meridian AZ —H-2015-0019 PAGE 18 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 507 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 272 of 396 EXHIBIT A Thence N 89°38'52" E along the southerly boundary of Government Lot 1 of said Section 31 a distance of 1184.16 feet to a h inch diameter iron pin marking the southeasterly corner of said Government Lot 1; Thence N 0"25'13" E along the easterly boundary of said Government Lot 1 a distance of 207.00 feet to a'/2 inch diameter iron pin; Thence leaving said easterly boundary 5 89'38'52" W a distance of 1183.41 feet to a point on the westerly boundary of said Government Lot 1; Thence N 0°37'40" E along said westerly boundary a distance of 252.22 feet to a point; Thence leaving said westerly boundary S 88"46'29" E a distance of 390.26 feet to a 5/ 8 inch diameter iron pin; Thence S 58'38'40" W a distance of 156.34 feet to a 5/8 inch diameter iron pin; Thence S3'07'10" W a distance of 55. 30 feet to a 5/8 inch diameter iron pin; Thence S 85°18'50" E a distance of 314.35 feet to a 5/8 inch diameter iron pin; Thence N 16'Or40" E a distance of 43.80 feet to a 5/8 inch diameter iron pin; Thence N 38'55'20" w a distance of 147"07 feet to a 5/8 Inch diameter iron pin; Thence N 8°13'20" W a distance of 160.89 feet to a 5/ 8 inch diameter iron pin; Thence S 8922'20" E a distance of 872.30 feet to a 5/8 inch diameter iron pin; Thence S 0'39'17" E a distance of 329.29 feet to a 5/8 inch diameter iron pin; Thence N 81° 55'47" E a distance of 357.37 feet to a point on the centerline of the Farr Lateral; Thence along said centerline the following described courses: Thence a distance of 63. 26 feet along the arc of a 70.00 foot radius non -tangent curve left, said curve having a radius point hearing S 85"10'59" E, a central angle of 51`46'49" and a hang chord bearing S 21' 04' 23" E a distance of 61.13 feet to a point; Thence 5 46°57'48" E a distance of 46.18 feet to a point; Thence S 54' 23'15" E a distance of 180.96 feet to a point; Rage 7 of 12 South Meridian AZ —H-2015-0019 PAGE 19 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 508 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 273 of 396 EXHIBIT A Thence a distance of 164.83 feet along the arc of a 600.00 foot radius curve left, said curve having a central angle of 15°44'26" and a long chord bearing S 62"15'28" E a distance of 164.32 feet to a point; Thence 5 70' 07' 17" E a distance of 122.26 feet to a point; Thence 5 62"03' 10" E a distance of 207.12 feet to a paint; Thence 5 64"59' 29" E a distance of 336.28 feet to a point; Thence S 6714'26" E a distance of 111.90 feet to a point; Thence 5 72' 17'51" E a distance of 84.37 feet to a point; Thence S 78' 54' 10" E a distance of 438.92 feet to a point, Thence 5 75' 55'22" E a distance of 104,15 feet to a point; Thence 5 61°21'23" E a distance of 31.75 feet to a point; Thence 546"09'59" E a distance of 190.04 feet to a point; Thence S 55°48'28" E a distance of 41.26 feet to a point,- Thence oint; Thence 5 62'37' 18!' E a distance of 333.06 feet to a point; Thence 5 49'07' 12" E a distance of 153.12 feet to a point; Thence S 4733'37" E a distance of 227.03 feet to a point; Thence S 54' 34'22" E a distance of 101.94 feet to a point; Thence 5 59°52''59" E a dicta nce of 9 2. 18 feet to a point] Thence S 65`32`49" E a distance of 520.78 feet to a point on the northerly boundary of the 5E % of said Section 31; Thence N 89°57'44" E along said northerly boundary a distance of 323.17 feet to an aluminum cap monument marking the northeasterly corner of said 5E Y; Thence 5 0`32'18" E along the easterly boundary of said 5E A a distance of 226.51 feet to a point on the centerline of the Farr Lateral; Page a of 12 South Meridian AZ —H-2015-0019 PAGE 20 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 509 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 274 of 396 EXHIBIT A Thence leaving said easterly boundary S39'43'28!' E a distance of 61.71 feet to a point; Thence S 51°12'28" E a distance of 444.04 feet to a point; Thence S 60'36'06" E a distance of 272.66 feetto a point; Thence S 86`04'27" E a distance of 206.22 feetto a point; Thence 5 73°45'49" E a distance of 301.51 feet to a point; Thence S 4315'49" E a distance of 313.74 feet to a point; Thence S 29"41'09" E a distance of 37.13 feet to a point on the easterly boundary of the W 3i of the SW X of said Section 32; Thence leaving said centerline 5 0"08'21" E along said easterly boundary a distance of 179.59 feet to point on the centerline of said Farr Lateral; Thence along said centerline the following described courses: Thence leaving said easterly boundary a distance of 35.65 feet along the arc of a 124.67 foot radius non -tangent curve right, said curve having a radius point bearing N 45'03'58" W, a central angle of 16°22' 56" and a long chord bearing S 53'07'30" W a distance of 35.52 feet to a point; Thence S 61'18'58" W a distance of 91.61 feet to a point; Thence a distance of 111.33 feet along the arc of a 200.40 foot radius curve right, said curve having a central angle of 31" 53' 35" and a long chord bearing S 77" 15' 45" W a distance of 109.90 feet to a point; Thence N 86°47'27"'W a distance of 364.60 feet to a point; Thence S 83'47'10" W a distance of 30.79 feet to a point; Thence S 69°57' 49" W a distance of 131.39 feet to a point; Thence a distance of 183.61 feet along the arc of a 130.00 foot radius curve left, said curve having a central angle of BW55'30" and a long chord bearing 5 29'30'04" W a distance of 168.73 feet to a point; Page 9 of 32 South Meridian AZ —H-2015-0019 PAGE 21 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 510 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 275 of 396 EXHIBIT A i hence a aistance or 131.s6 Leet along the arc or a lr,u.UU toot raoius curve cert, Baia curve having a central angle of 47°02'46" and a long chord bearing 5 34'29'04" E a distance of 127.72 feet to a point; Thence S 58°00'27" E a distance of 221.94 feet to a point; Thence 5 69°55'41" E a distance of 512.76 feet to a point on the easterly boundary of said W X of the SW % of said Section 32; Thence leaving said centerline 5 0°04'53" E along said easterly boundary a distance of 409.85 feet to a 12 inch diameter iron pin marking the northwesterly corner of the E % of the NW % of said Section 5; Thence S 89'58'21" E along the northerly boundary of said E Y of the NW % a distance of 983.44 feet to a point; Thence leaving said northerly boundary S 0'02'19" W a distance of 500.00 feet to a point Thence 5 89°58' 21" E a distance of 348.63 feet to a point on the easterly boundary of said E Y of the NW 3:; Thence N 0` 01' 18" E along said easterly boundary a distance of Soo.00 feet to a brass cap monument marking the northwesterly corner of said NE % of Section 5; Thence 5 89"5547" E along the northerly boundary of said NE 1/. a distance of 287.51 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary S 0'00'01" W a distance of 104.32 feet to a point on the centerline of said Farr Lateral; Thence along said centerline the following described courses: Thence S 69"12' 35" E a distance of 194.76 feet to a point; Thence a distance of 153.61 feet along the arc of a 200.00 foot radius curve right, said curve having a central angle 44"{}6'19" and a long chord bearing S 47°12'25" E a distance of 149.86 feet to a point; Thence S 25"12'16" E a distance of 135.17 feet to a point; Thence S 22"30'26" E a distance of 1518.71 feet to a point; Page 10 of 12 South Meridian AZ —H-2015-0019 PAGE 22 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 511 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 276 of 396 EXHIBIT A Thence S 49°59'59" E a distance of 27.38 feet to a point; Thence leaving said centerline 5 0°22'35" E a distance of 32.24 feet to a paint; Thence N 64'59' 20" W a distance of 64.46 feet to a 5/8 inch diameter iron pin; Thence N 46`02' 31" W a distance of 379.56 feet to a 5/8 inch diameter iron pin; Thence S 6836'37" W a distance of 694.84 feet to a 518 inch diameter iron pin; Thence 5 43°00'20" W a distance of 108.41 feet to a 5/8 inch diameter iron pin; Thence N 78"30`02" W a distance of 191.66 feet to a 518 inch diameter iron pin on the easterly boundary of said W'h of Section 5; Thence 5 0°01' 18" W along said easterly boundary a distance of 820.26 feet to a 5/8 inch diameter iron pin marking the southeasterly corner of the NW '% of said Section 5; Thence leaving said easterly boundary N 89' 52' 52" W along the southerly boundary of said NW '/a a distance of 2659.19 feet to an aluminum cap monument marking the northwesterly corner of the SW X of said Section 5; Thence 5 0"04'44" E along the westerly boundary of said 5W Ya a distance of 1782.39 feet to a point on the extension of the northeasterly boundary of Lot 4 of LAREDO ESTATES as shown in Book 58 of Plats at Page 5500 in said office of the Recorder, said boundary also being the centerline of the Rawson Canal; Thence along said northeasterly boundary and centerline the following described courses: Thence S 51°21'41" E a distance of 214.44 feet to a point; Thence S 59°23'41" E a distance of 474.00 feet to a point; Thence 5 87°28'41" E a distance of 78.00 feet to a paint; Thence S 4857'41" E a distance of 738.75 feet to a point on the south erty boundary of said W % of Section 5; Thence leaving said northeasterly boundary and centerline S 8932'37" W along said southerly boundary a distance of 1209.45 feet to the POINT OF BEGINNING. This parcel contains 1,322.14 acres. Page 11 of 12 South Meridian AZ —H-2015-0019 PAGE 23 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 512 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 277 of 396 EXHIBIT A NOTe: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K, Bennett, PLS Civil Survey Consultants, Incorporated October 13, 2015 Rage 12 of 12 South Meridian AZ —H-2015-0019 PAGE 24 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 513 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 278 of 396 EXHTBTT A EXHIBIT B SKETCH TO A CCOMPANYANNEXA TION DESCRIPTION SKETCH r0ACCOMPANYZOI hW DESCRF770AV FOR THE CITY OF MERIDIAN LOCA TED IN SECTIONS 5AND 6, 70WNSHIP2 NORTH, R4NGE 1 EAST, SECTION 1, TOWNSHIP 2 NORTH, RANGE 1 WEST, FC7XW 5AND 8, TOWNSHIP2NOR7H, RANGE f EAST, SECTIONS 31 AND 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, SECTIONS 25AND 36, TOWNSHIP 3 NORTH, R4NGE f WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO SECT"MS 31 AAD 32, 7VWNSH1P3AVRTH, RANGE f EAST, NO SC4L-1 BOISEM ERIDWN. AOA COL#RY,104HO LEGEND f f/ / NOT INCLUDED IN ANNEXATION f; u45, j ANNEXA7i0N w 3 BOUNDARY o ` 1 t South Meridian AZ — H-2015- 0019 PAGE 25 EXHIBIT F SKETCH r0ACCOMPANYZOI hW DESCRF770AV FOR 7HECITY OFMERID64NLOC47ED IN FC7XW 5AND 8, TOWNSHIP2NOR7H, RANGE f EAST, SEC77C)N 1, TORNSHIP2NO47hl, RANGE 1 WEST, SECT"MS 31 AAD 32, 7VWNSH1P3AVRTH, RANGE f EAST, SEC770NS25AND34 7Z7WVSHIP3A(0R77j RANGE' f WEST, BOISEM ERIDWN. AOA COL#RY,104HO nro seaL w 3 o ` 1 t LEGEND ?l Ti_f ar R-4 ZONING R-8 ZONING R-15 ZONING O—G ZONING v jY NOT A PART r. South Meridian AZ — H-2015- 0019 PAGE 25 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 514 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 279 of 396 EXHIBIT A EXHIBIT A ZONING DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO R-4 ZONING A parcel located in the W % and the NE 1 of Section 5, Township 2 North, Range 1 East, Boise Meridian, Section 6, Township 2 North, Range 1 East, Braise Meridian, the NE "fa of Section 1, Township 2 North, Range 1 West, Boise Meridian, the E % and the NE % of the NW Y of Section 36, Township 3 North, Range 1 West, Boise Meridian, the 5E J of the SW "/ of Section 25, Township 3 North Range 1 West, Boise Meridian, Section 31, Township 3 North, Range 1 East, Boise Meridian, and the 5W A of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said Section 6; Thence N 89"21'59" W along the southerly boundary of said Section 6 a distance of 2647.76 feet to an aluminum cap monument marking the southwesterly corner of the SE % of said Section 6; Thence N 0°00'10" E along the westerly boundary of said 5E % a distance of 1327.59 feet to the southeasterly corner of the NE Y. of the 5W Y< of said Section 6,- ThenceThence N 89°17'26" W along the southerly boundary of said NE % of the SW A a distance of 1331.53 feet to a 518 inch diameter iron pin marking the southwester#y corner of said NE % of the SW'/; Thence N 027'37" E along the westerly boundary of said NE % of the SW 1 a distance of 1375.33 feet to a brass cap monument marking the northwesterly corner of said NE %; of the SW'/.; Thence S ST23'05" E along the northerly boundary of said NE'/ of the SW "/a a distance of 1320.92 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of the SW Y. of the NE V. of said Section 6; Thence N 0°00`19" E along the westerly boundary of said SW "/. of the NE Y. a distance of 1324.27 feet to a 5/8 inch diameter iron pin m arking the northwesterly corner of said 5W Y of the NE Y; Thence S 89°27'40" E along the northerly boundary of said SW'/ of the NE Y. a distance of 1321.03 feet to a 5/8 inch diameter iron pin m arking the northeasterly corner of said SW Ys of the N E "!; Thence S 0' 02' 08" E along the easterly boundary of said SW N of the NE Y a distance of 626.48 feet to a point on the centerline of the Rawson Canal; Page 1 of 11 South Meridian AZ —H-2015-0019 PAGE 26 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 515 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 280 of 396 EXHIBIT A Thence along said centerline the following described courses: Thence S 81'13'00" W a distance of 77.54 feet to a point; Thence S 68'21'07" W a distance of 83.05 feet to a point; Thence S 5817'20" W a distance of 78.37 feet to a point; Thence S 45°03'54" W a distance of 112.64 feet to a point; Thence 5 24°12' 25" W a distance of 318.61 feet to a point; Thence 5 7`06'16" W a distance of 61.54 feet to a point; Thence S 12°36°26" E a distance of 60.29 feet to a point; Thence S 30' 39'02" E a distance of 415.51 feet to a point; Thence S 1939'30" E a distance of 279.77 feet to a point; Thence S 29' 39'25" E a distance of 59.76 feet to a point; Thence S 41°56'40" E a distance of 62.27 feet to a paint; Thence S 52" 05' 27" E a distance of 62.16 feet to a point on the westerly boundary of the NE A of the SE's of said Section 6; Thence leaving said centerline N 0"02' 17" W along said westerly boundary a distance of 1631.35 feet to the southwesterly corner of the SE Y of the NE % of said Section 6; Thence N 0°02'08" W along the westerly of said SE'/ of the NE Y. a distance of 699.75 feet to a point on the centerline of the Rawson Canal; Thence along said centerline the following described courses: Thence leaving said westerly boundary N 78"25' 56" E a distance of 172.22 feet to a point; Thence N 54"55' 21" E a distance of 85. 30 feet to a point; Thence N 31° 51'13" E a distance of 102.72 feet to a point; Thence N 1025'11" E a distance of 390.20 feet to a point; Page 2 of 11 South Meridian AZ —H-2015-0019 PAGE 27 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 516 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 281 of 396 EXHIBIT A Thence N 5'26'51"W a distance of 113.22 feet to a point; Thence N 18°56'19" W a distance of 293.97 feet to a point; Thence N 32"08'37" W a distance of 102.04 feet to a point; Thence N 61"32'56" W a distance of 114.87 feet to a point; Thence N 74`58'41" W a distance of 54.41 feet to a point; Thence leaving said centerline N 0°02'08" W a distance of 862.84 feet to a 5/8 inch diameter iron pin on the southerly boundary of the SE % of said Section 31; Thence N 89°42'18" W along the southerly boundary of said 5E l a distance of 1370.03 feet to a 5/ 8 inch diameter iron pin marking the southwesterly corner of said SE Y; Thence N 0°16'58" E along the westerly boundary of said SE 'A a distance of 2684.95 feet to a stone marking the southeasterly corner of the NW f of said Section 31; Thence 5 89" 57'01" W along the southerly boundary of said NW X a distance of 1645.37 feet to a point; Thence leaving said southerly boundary N 5`34' 57" W a distance a distance of 142.10; Thence N 4014'52" W a distance of 207.58 feet to a point; Thence S 89'57'03" W a distance of 711.02 feet to a point on the westerly boundary of said NW 14; Thence 5 0`37'40" W along said westerly boundary a ,distance of 300.02 feet to brass cap monument marking the northwesterly corner of Government Lot 3 of said Section 31; Thence $ 0°05'05" E along the westerly boundary of said Government Lot 3 a distance of 1334.93 feet to the southwesterly corner of said Government Lot 3; Thence 5 89°53' 05" E along the southerly boundary of said Government Lot 3 a distance of 1191.13 feet to a stone monument marking the northwesterly corner of the 5E f of the SW % of said Section 31; Thence S 0902'00" E along the westerly corner of said SE Y4 of the 5W % a distance of 1338.69 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of the E N of the NW % of said Section 6; Page 3 of 11 South Meridian AZ —H-2015-0019 PAGE 28 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 517 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 282 of 396 EXHIBIT A Thence 5 0' 26'46" W along the westerly boundary of said E % of the NW Y. a distance of 2648.45 feet to a brass cap monument marking the southeasterly corner of Government Lot 5 of said Section 6; Thence N 89°23'05" W along the southerly boundary of said Government Lot 5 a distance of 1208.74 feet to an aluminum cap monument marking the southwesterly corner of said Government Lot 5; Thence N 0"51'13" E along the westerly boundary of said Government Lot 5 a distance of 368.45 feet to a point; Thence leaving said westerly boundary N 89'50'22" E a distance of 205.00 feet to a Y2 inch diameter iron pin; Thence S 0"51'13" W a distance of 50,00 feet to a' inch diameter iron pin; Thence N 89"50'22" E a distance of 190.40 feet to a'' inch diameter iron pin; Thence N 0°51'13" E a distance of 150.00 feet to a Ya inch diameter iron pin; Thence S 89'50'22" W a distance of 395.40 feet to a point on the westerly boundary of said Government Lot 5; Thence N 0'51'13" E along said westerly boundary a distance of 687.31 feet to a point on the centerline of the Meridian Canal; Thence along said centerline the following described courses: Thence leaving said westerly boundary S 80"55'41" W a distance of 359.01 feet to a point; Thence S 65'13'12" W a distance of 115.62 feet to a point; Thence 5 55'17'04" W a distance of 137.84 feet to a point; Thence N 50"45'40" W a distance of 111.90 feet #a a point; Thence N 23"19'53" W a distance of 105.88 feet to a point; Thence N 60"00'15" W a distance of 247.58 feet to a paint; Thence leaving said centerline N 0`52'35" E a distance of 75.68 feet to a 5/8 inch diameter iron pin on the southerly boundary of Government Lot 1 of said Section 1; Page 4 of 11 South Meridian AZ —H-2015-0019 PAGE 29 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 518 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 283 of 396 EXHIBIT A Thence S 8849'30" E along said southerly boundary a distance of 262.38 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of Lot 2 of STUCKER SUBDIVISION as shown in Book 62 of Plats at Page 6134 in the office of the Recorder, Ada County, Idaho; Thence leaving said southerly boundary N 0"53`24" E along the westerly boundary of said Lot 2 a distance of 1318.34 feet to a point on the northerly boundary of the NEN of said Section 1; Thence 5 8903'22" E along said northerly boundary a distance of 654.08 feet to an aluminum cap marking the northeasterly corner of said NE %; Thence N 0' 05'05" W along the easterly boundary of the S Yz of the SE Y4 of said Section 36 distance of 1334.93 feet to the northeasterly corner of said 5 Y, of the SE %; Thence N 89°12'33" W along the northerly boundary of said S M of the SE % a distance of 2645.62 feet to the northwesterly corner of said S'/ of the SE %; Thence N 0°26'40" E along the westerly boundary of the NW Y. of the SE % a distance of 1327.71 feet to a 5/8 Inch diameter iron pin marking the southwesterly corner of the SW'/ of the NE'J of said Section 36; Thence N 0"33'10" E along the westerly boundary of said SWY4 of the NE'%a a distance of 1327.40 feet to the southeasterly corner of said NE % of the NWIA of said Section 36;. Thence N 89`28' 43" W along the southerly boundary of said NE Y. of the NWA a distance of 1.327.20 feet to the southwesterly corner of said NE Y. of the NW Y; Thence N 0' 37'46" E along the westerly boundary of said NE % of the NW % a distance of 1325.97 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of said SE % of the SW of Section 25; Thence N 0°29`29" E along the westerly boundary of said SE Y. of the SW Y. a distance of 1325. 12 feet to a 5/ 8 inch diameter iron pin marking the northwesterly corner of said SE K of the SW %; Thence S 89'29' 35" E alongthe northerly boundary of said 5E Y. of the SW Y a distance of 644.67 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary 5 0`27'31" W a distance of 1324.59 feet to a 5/8 Inch diameter iron pin on the southerly boundary of said SE Y of the SW i.; Thence along said southerly boundary S 89'32'25" E a distance of 680.00 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said E Y: of Section 36; Page 5 of 11 South Meridian AZ —H-2015-0019 PAGE 30 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 519 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 284 of 396 EXHIBIT A Thence S 89°04' 32" E along said northerly boundary a distance of 490.39 feet to a 5/ 8 inch diameter iron pin; Thence leaving said northerly boundary S 45"31'22" E a distance of 458.74 feet to a 5/8 inch diameter iron pin; Thence S 26`3324" E a distance of 417.44 feet to a point on the centerline of the Belle Sub Laterai; Thence along said centerline the following described courses: Thence S 33°50'24" W a distance of 339.76 Feet to a point; Thence S 16°42'19" E a distance of 363.90 feet to a point on the northerly boundary of the 5W Y. of the NE Y of said Section 36; Thence leaving said centerline S 89"11'57" E along said northerly boundary a distance of 377.58 feet to a'/ inch diameter iron pin marking the northwesterly corner of the SE Y of the NE 1/4; Thence 5 8914'22" E along the northerly boundary of said SE % of the NE l a distance of 1317.70 feet to the northeasterly corner of said SE'/ of the NE Y4; Thence N 89`38'52" E along the southerly boundary of Government Lot 1 of said Section 31 a distance of 1184.15 feet to a % inch diameter iron pin marking the southeasterly corner of said Government Lest 1; Thence N 0°25'13" E along the easterly boundary of said Government Lot 1 a distance of 207.00 feet to a % inch diameter iron pin; Thence leaving said easterly boundary S 89"38'52" W a distance of 1183.41 feet to a point on the westerly boundary of said Government Lot 1; Thence N 0"37'40" E along said westerly boundary a distance of 252,22 feet to a point; Thence leaving said westerly boundary 5 88"45'29" E a distance of 390.26 feet to a 5/8 inch diameter iron pin; Thence S 58"38`44" W a distance of 166,34 feet to a 5/8 inch diameter iron pin; Thence S 3"07'14" W a distance of 55.30 feet to a 5/8 inch diameter iron pin; Thence S 85'"18'50" E a distance of 314.35 feet to a 5/8 inch diameter iron pin; Page 6 of 11 South Meridian AZ —H-2015-0019 PAGE 31 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 520 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 285 of 396 EXHIBIT A Thence N 16°07'40" E a distance of 43.80 feet to a 5/8 inch diameter iron pin; Thence N 38"55'20" W a distance of 147.07 feet to a 18 inch diameter iron pin; Thence N 8'13'20" W a distance of 160.89 feet to a 5/8 inch diameter iron pin; Thence S 89'22' 20" E a distance of 872.30 feet to a 5/ 8 inch diameter iron pin; Thence S 0`39'17" E a distance of 329.29 feet to a 5/8 inch diameter iron pin; Thence N 81°55' 47" E a distance of 357.37 feet to a point on the centerline of the Farr Lateral; Thence along said centerline the fallowing described courses: Thence a distance of 63.25 feet along the arc of a 70. 00 foot radius non -tangent curve left, said curve having a radius point bearing S 85"10'S9" E, a central angle of 51'4649" and a long chord bearing S 21°04`23" E a distance of 61.13 feet to a point; Thence S 46°57'48" E a distance of 46.18 feet to a point; Thence S 5423'15" E a distance of 180.96 feet to a point; Thence a distance of 164.83 feet along the arc of a 600.00 foot radius curve left, said curve having a central angle of 15°44'26" and a long chord bearing S 62"15'28" E a distance of 164.32 feet to a point; Thence S 70'07'17" E a distance of 122.26 feet to a point; Thence S 62'03'10" E a distance of 207.12 feet to a paint; Thence S 64°59'29" E a distance of 336.28 feet to a point; Thence S 67°14' 26" E a distance of 111. 90 feet to a point; Thence S 72"17'51" E a distance of 84.37 feet to a point;. Thence S 7S'54'10" E a distance of 438.92 feet to a point; Thence 5 75"55'22" E a distance of 1£14.15 feet to a point; Thence S 61°21' 23" E a distance of 3175 feet to a point; Thence S 46`09' 59" E a distance of 190.04 feet to a point; Page 7 of 11 South Meridian AZ —H-2015-0019 PAGE 32 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 521 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 286 of 396 EXHIBIT A Thence S 55°4$' 28" E a distance of 41.26 feet to a point; Thence S 62"37'18" E a distance of 333.06 feet to a point; Thence S 49°07'12" E a distance of 153.12 feet to a point,, Thence S 47°33'37" E a distance of 227.03 feet to a point; Thence S 54°34'22" E a distance of 101.94 feet to a point; Thence S 59°52'59" E a distance of 92.18 feet to a point; Thence S 65`32'49" E a distance of 520.78 feet to a point on the northerly boundary of the SE / of said Section 31; Thence N 89'57'44' E along said northerly boundary a distance of 323.17 feet to an aluminum cap monument marking the northeasterly corner of said SE's; Thence 5 0"32'18" E along the easterly boundary of said SE 1/4 a distance of 226.51 feet to a point on the centerline of the Farr Lateral; Thence along said centerline the following described courses: Thence leaving said easterly boundary 5 38'43'28" E a distance of 61.71 feet to a point; Thence 5 51°12'28" E a distance of 444.04 feet to a point; Thence S 60°36'06" E a distance of 272.66 feetto a point;. Thence S 86°04'27" E a distance of 206.22 feet to a point; Thence 5 73"45'09" E a distance of 301.51 feet to a point; Thence S 4315'49" E a distance of 313.74 feet to a point; Thence 5 29°01'09" E a distance of 37.13 feet to a point on the easterly boundary of the W M of the SW Y of said Section 32; Thence leaving said centerline S 0'08'21" E along said easterly boundary a distance of 179.59 feet to point on the centerline of said Farr Lateral; Thence along said centerline the following described courses: Page 8 of 11 South Meridian AZ —H-2015-0019 PAGE 33 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 522 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 287 of 396 EXHIBIT A Thence leavings aid easterly boundary a distance of 35.65 feet along the arc of a 124.67 foot radius non -tangent curve right, said curve hawing a radius point bearing N 45°03' 58" W, a central angle of 16"22' 56" and a long chord bearing 5 53'07'30" W a distance of 35.52 feet to a point; Thence S 61"18'58" W a distance of 91.61 feet to a point; Thence a distance of 111.33 feet along the arc of a 200.00 foot radius curve right, said curve having a central angle of 31®53'35" and a long chord bearing S 7715'45" W a distance of 109.90 feet to a point; Thence N 86'47'27" W a distance of 364.60 feet to a point; Thence 5 83°47'10" W a distance of 30.79 feet to a point; Thence S 69"57'49" W a distance of 131.39 feet to a point; Thence a distance of 183.61 feet along the arc of a 130.00 foot radius curve left, said curve having a central angle of 8{7`55'30" and a long chord bearing S 2930'04" W a distance of 168.73 feet to a point; Thence 5 10' 57'41" E a distance of 410.17 feet to a % inch diameter iron pin; Thence a distance of 131.35 feet along the arc of a 160.00 foot radius curve left, said curve having a central angle of 47"02'46" and a long chord bearing S 34`29'04" E a distance of 127. 72 feet to a point; Thence 5 58°00'27" E a distance of 221.94 feet to a point; Thence S 69"55'41" E a distance of 512.76 feet to a point on the easterly boundary of said W % of the SW 9A of said Section 32; Thence leaving said centerline S 0'09'53" E along said easterly boundary a distance of 409.85 feet to a % inch diameter iron pin marking the northwesterly corner of the E % of the NW Y of said Section 5; Thence 5 89'58' 21" E along the northerly boundary of said E M of the N1N'A a distance of 983.44 feet to a point; Thence leaving said northerly boundary S 0°02'19" W a distance of 500.00 feet to a point; Thence S 89'58'21" E a distance of 348.63 feet to a point on the easterly boundary of said E Y2 of the NW %a; Page 9 of 11 South Meridian AZ —H-2015-0019 PAGE 34 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 523 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 288 of 396 EXHIBIT A Thence N 003'18" E along said easterly boundary a distance of 500.00 feet to a brass cap monument marking the northwesterly corner of said NE N of Section 5; Thence 5 89`56'47" E along the northerly boundary of said NE Y. a distance of 287. 51 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary S 0`00'01" W a distance of 104.32 feet to a point on the centerline of said Farr Lateral; Thence along said centerline the fallowing described courses! Thence S 69'12'35" E a distance of 194.76 feet to a point; Thence a distance of 153.61 feet along the arc of a 200.00 foot radius curve right, said curve having a central angle 44x00' 19" and along chord bearing S47'12'25" E a distance of 149.86 feet to a point; Thence 5 25' 12' 16" E a distance of 135.17 feet to a point; Thence 5 22"30'26" E a distance of 1518.71 feet to a point; Thence S 49°59'59" E a distance of 27.38 feet to a point; Thence leaving said centerline S 0"22'35" E a distance of 32.24 feet to a point; Thence N 64"59' 20" W a distance of 64.46 feet to a 5/8 inch diameter iron pin; Thence N 46'02'31" W a distance of 379.56 feet to a 5/8 inch diameter iron pin; Thence 5 68'36'37" W a distance of 694.84 feet to a 5/8 inch diameter iron pin; Thence S 43'0()'20" WW a distance of 108.41 feet to a 5/8 inch diameter iron pin; Thence N 78"30' 02" W a distance of 141.66 feet to a 5/8 inch diameter iron pin on the easterly boundary of said W 36 of Section 5; Thence 5 0' 01'18" W along said easterly boundary a distance of 820.26 feet to a 5/ 8 inch diameter iron pin marking the southeasterly corner of the NW '/ of said Section 5; Thence leaving said easterly boundary N 89`52'52" W along the southerly boundary of said NW Y a distance of 2659.19 feet to an aluminum cap monument marking the northwesterly corner of the SW % of said Section 5; Page 10 of 11 South Meridian AZ —H-2015-0019 PAGE 35 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 524 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 289 of 396 EXHIBIT A Thence 5 0"0444" E along the westerly boundary of said SW'' a distance of 1782.39 feet to a point on the extension of the northeasterly boundary of Lot 4 of LAREDO ESTATES as shown in Book 58 of Plats at Page 5500 in said office of the Recorder, said boundary also being the centerline of the Rawson Canal; Thence along said northeasterly boundary and centerline the following described courses: Thence 5 51"21'41" E a distance of 214.44 feet to a point; Thence S 59°23'41" E a distance of 474.00 feetto a point; Thence 5 97°28'41" E a distance of 78.00 feet to a point; Thence 5 48'57'41" E a distance of 738.75 feet to a point on the southerly boundary sof said W h of Section 5; Thence leaving said northeasterly boundary and centerline 5 89°32'37" W along said southerly boundary a distance of 1209.45 feet to the POINT OF BEGINNING. This parcel contains 1,215.44 acres. NOTE., This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated October 13, 2015 Page 11 of 11 sun VA I- 5082 l9f l5, K. South Meridian AZ —H-2015-0019 PAGE 36 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 525 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 290 of 396 EXHIBIT A EXHIBIT B ZONING DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO R-4 2ONING A parcel located in Government Lot 2 of Section 1, Township 2 North, Range 1 West, Boise Meridian, including all of Lots 2, 3, 4, 6 and 7 of LAKE HAZEL ESTATES as shown in Book 29 of Plats at Page 1800 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the northwesterly corner of said Government Lot 2, from which an aluminum cap monument marking the northeasterly corner of said Section 1 bears N 89"(}3'22" W a distance of 2 658. 00 feet; Thence S 89°03'22" E along the northerly boundary of said Government Lot 2 a distance of 332.23 feet to the POINT OF BEGINNING; Thence continuing $ 89'03'22" E a distance of 971.77 feet to a point on the extension of the easterly boundary of said Lot 4; Thence leaving said northerly boundary S 0"53'2.4" W along said easterly boundary a distance of 657.80 feet to the southeasterly corner of said Lot 4; Thence N 88"56'24" W along the southerly boundary of said Lots 3 and 4 a distance of 634.64 feet to the northwesterly corner of said Lot 6; Thence S 0"54'08" W along the easterly boundary of said Lots 6 and 7 a distance of 656.46 feet to the southeasterly comer of said Lot 7; Thence N 88"49'40" W along the southerly boundary of said Lot 7 a distance of 66437 feet to the southwesterly corner of said Lot 7; Thence N 0`54'50" E along the westerly boundary of said lots 6 and 7 a distance of 655.16 feet to the northwesterly corner of said Lot 6; Thence S 88`56'24" E along the northerly boundary of said Lot 6 a distance of 332.02 feet to the southwesterly corner of said Lot 2' Thence leaving said northerly boundary N 0'55' 56" E along the westerly boundary of said Lot 2 a distance of 655.83 feet to the POINT OF BEGINNING. Page 1 of 2 South Meridian A7 —H-2015-0019 PAGE 37 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 526 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 291 of 396 EXHIBIT A This parcel contains 24.66 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PIS Civil Survey Consultants, Incorporated October 13, 2015 Page 2 of 2 South Meridian AZ —H-2015-0019 PAGE 38 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 527 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 292 of 396 EXHIBIT A EXHIBIT C SKETCH TO ACCOMPANY20NING DESCRIPTIONS FOR THE CITYOF MERIDIAN LOCA TED IN SECTIONS 5AND 6 TOWNSHIP2 NORTH, RANGE 1 EAST, SECTION 1, TOWNSHIP 2 NORTH, RANGE 1 WEST, SECTIONS 31 AND 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, SECTIONS 25 AND 36, TOWNSHIP 3 NORTH, R4NGE I WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO SO SCALE LEGEND R-4 ZONING NOT A PART South Meridian AZ — H-2015- 0019 PAGE 39 i + O 4 kS South Meridian AZ — H-2015- 0019 PAGE 39 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 528 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 293 of 396 EXHIBIT A ZONING DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO R-8 ZONING A parcel located in the SW Y4 of the SEY4 of Section 36, Township 3 North Range 1 West, Boise Meridian, Ada County, idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southwesterly corner of said SW % of the SE y, from which an aluminum cap monument marking the southeasterly corner ofthe SE f of said Section 36 bears 5 89"03'22" E a distance of 2558.00 feet; Thence N 0°25°41" E along the westerly boundary of said SW Y. of the SE X a distance of 1327.70 feet to a point marking the northwesterly corner of said SW % of the SE %; Thence 5 8912'33' E along the northerly boundary of said 5W Y of the 5E % a distance of 340.00 feet to a point; Thence leaving said northerly boundary S 0'25'41" W a distance of 1328.61 feet to a point on the southerly boundary of said SW Y. of the 5E Y; Thence N 89°03'22" W along said southerly boundary a distance of 340.00 feet to the POINT OF BEGINNING. This parcel contains 10.37 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn. K. Bennett, PLStoomCivilSurveyConsultants, IncorporatedOctober13, 2015 082 rslf5- f[. r South Meridian AZ —H-2015-0019 PAGE 40 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 529 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 294 of 396 EXHIBIT A EXHIBIT B SKETCH TO ACCOMPANY ZONING DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE SW 114 OF THE SE 1/4 OF 36, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO cS 1116 S 89'72'37' E SE V16 3fO.GG' 0 n R-8 Z0AWG ro w n a O hQ 2 y SCACEP "=300' FaNT OF BEGINNING 340 %' 988.99' 1329. Ap' 36 37 114 N 8910322" W WE' HAZEL ROAD E 7116 TBS6. PO" i 6 L LA NO fir,% TE D CL 5 P2 CIVIL SURVEY CONSULTANTS, INC. 1© I 2693 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 K ( 208)888-4312 South Meridian AZ —H-2015-0019 PAGE 41 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 530 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 295 of 396 EXHTBTT A EXHIBIT A ZONNING DESCRIPTION FOR TH E CITY OF MERIDIAN, IDAHO R-15 ZONING A parcel located in the SW Y of the SE '1 of Section 36, Township 3 North Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum rap monument marking the southwesterly corner of said SW 1/4 of the $E y4, from which an aluminum cap monument marking the southeasterly corner of the $E Of said Section 36 bears S 89°03' 22" E a distance of 2658.00 feet; Thence 589°03' 22" E along the southerly boundary of said SW % of the SE Y. a distance of 340.00 feet tothe POINT OF BEGINNING; Thence continuing S 89`03' 22" E a distance of 999.00 feet to the southeasterly corner Of said SW Y of the SE A; Thence N 0°10'45" E along the easterly boundary of said SW '/< of the SE Y. a distance of 1331.31 feet to the northeasterly corner of said SW % of the SE'/; Thence N 89'12'33" W along the northerly boundary of said SW % of the SE Aa distance of 982.81 feet to a point; Thence leaving said northerly boundary S 0°26'41" W a distance of 1328,61 feet to the POINT OF BEGINNING. This parcel contains 30.10 acres. NOTE: This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated " SQ82, October 13, 2015 tO n! 00S of South Meridian AZ —H-2015-0019 PAGE 42 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 531 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 296 of 396 EXHIBIT A EXHIBIT B SKETCH TO ACCOMPANY ZONING DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE S 1/2 OF THE SE 114 OF 36, TOWNSHIP J NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO oap t, LA ya T d 0L 8/2 A CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD 7'cof P MERIDIAN, IDAHO 83542 E' K. Be (208(688-4392 7116 South Meridian AZ —H-2015-0019 PAGE 43 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 532 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 297 of 396 EXHIBIT A EXHIBIT A ZONING DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO C -G ZONING A parcel located in the SE % of the SE X of Section 36, Township 3 North Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE Y. of the 5E Y4, from which an aluminum cap monument marking the southwesterly corner of the 5E X of said Section 36 bears N 89"03' 22" W a distance of 2558.00 feet; Thence N 89" 03' 22" W along the southerly boundary of said SE X of the SE Y a distance of 1329.00 feet to the southwesterly corner of said SW Y. of the SE Y; Thence N 0'10'45" E a distance of 1331.31 feet to the northwesterly corner of said SE Y. of the SE %; Thence 5 89`12`33" E along the northerly boundary of said SE % of the SE % a distance of 1322.81 feet the northeasterly corner of said SE V. of the SE l; Thence 5 0005' 05" E along the easterly boundary of said SE % of the SE l a distance of 1334.93 feet to the POINT OF BEGINNING. This parcel contains 40.57 acres. NOTE This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated F. M October 13, 2015 50.86 f D7*r South Meridian AZ —H-2015-0019 PAGE 44 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 533 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 298 of 396 EXHIBIT A EXHIEIT B SKETCH TO ACCOMPANY ZONING DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE S 1/2 OF THE SE 1/4 OF 36, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNT}; IDAHO cs Tfas sE rrsf S &9'T2'TJ" E iJ2?-BT' S ?f16 1 g C—G ZONING w 0 O 2 SG4LE` 1=3G0' 3a0.00' 1329.00' r3ra arov JS L 31 r o CAKE HA4M ROAD zssaQQ' E r/Ts N 89'22" w s ptyp,L LANG POINT OF G%ST d SEQ1WW O .Z a 59$2 b CIVIL SURVEY CONSULTANTS, INC. a}rol/ 2893 SOUTH MERIDIAN ROAD c1'T,-OFW R MERIDIAN, IDAHO 83842 K, s (208 B884312 South Meridian AZ —H-2015-0019 PAGE 45 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 534 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 299 of 396 EXHIBIT A 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 City of Meridian Planning Division, on behalf of the property owners, is proposing to annex approximately 1322.14 acres to the R-4, R-8, R-15 and C -G zoning districts. The Council finds that the proposed map amendment is generally consistent with Future Land Use Map designations for these properties. Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see sections VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-4, R-8, R-15 and C -G zoning districts is generally consistent with the purpose statements for residential and commercial districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Council considered all oral or written testimony 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, The 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 11-511-3.E). The Council finds annexing these properties with the R-4, R-8, R-15 and C -G zoning districts is in the best interest of the City if the property owners enter into a development agreement with the City. South Meridian AZ — H-2015-0019 PAGE 46 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 535 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 300 of 396 EXHIBIT D Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 536 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 301 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 1 MODIFIED DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. L & G Murgoitio, LLC THIS MODIFIED DEVELOPMENT AGREEMENT (this “Agreement”), is made and entered into this______ day of ______________, 2019, by and between the City of Meridian, a municipal corporation of the State of Idaho, hereafter called “City”, and L&G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called “Owner/ Developer.” 1. RECITALS: 1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit “A”, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the “Property”; and 1.2 WHEREAS, Timber Creek Recycling, LLC (“Timber Creek”) has operated, does operate, and will operate a processing facility on the Property; and 1.3 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A-2(E) provides that said written commitments may be modified with the permission of the governing board; and 1.5 WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code (“UDC”), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.6 WHEREAS, the City and the Owner/Developer negotiated terms and conditions into that certain Development Agreement, dated January 26, 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho (“Original Agreement”); and 1.7 WHEREAS, the City, Owner/Developer and Timber Creek (as defined below) have negotiated terms and conditions into this Agreement to clarify EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 537 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 302 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 2 the uses permitted under the Original Agreement, to allow for the continued use of the Property and the permitted future uses of the Property; and 1.8 WHEREAS, the City and the Owner/Developer agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time the Original Agreement and this Modified Agreement were approved and executed that are necessary for the continued and future use of the Property; and 1.9 WHEREAS, the Owner/Developer, the City, Timber Creek, and others made representations at the public hearings before the Meridian City Council, as to the current and proposed uses of the Property and how the Property may be developed, if any, at this time or in the future; and 1.10 WHEREAS, the Meridian City Council, on the ____ day of ___________, 2019, approved certain Findings of Fact and Conclusions of Law and Decision and Order (“Findings”), which have been incorporated into this Agreement and attached as Exhibit “B” and have been accepted by Owner/Developer and Timber Creek; and 1.11 WHEREAS, the Findings require the Owner/Developer to enter into this Agreement as a replacement to the Original Development dated January 26, 2016, recorded as Instrument No. 2016-007075, Records of Ada County, Idaho; and 1.12 WHEREAS, the Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily; and 1.13 WHEREAS, the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City and from affected property owners. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided, unless the clear context of the presentation of the same requires otherwise: EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 538 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 303 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 3 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s) of the Property. 3.3 SITE/PROPERTY: means and refers to that certain parcel(s) of property located in the County of Ada, City of Meridian as described in Exhibit “A” attached hereto and by this reference incorporated herein as if set forth at length. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additionalor different demand and/or need for public facilities or services, except as otherwise permitted herein. Notwithstanding the foregoing, the construction of structures necessary for Timber Creek to continue its operation on the Property, now or in the future, shall not constitute development or redevelopment of the Property. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 4. USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City’s Zoning Ordinance codified in the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Any existing and future written agreements for the collection, disposal, or maintaining of solid waste in pursuance of an agreement with the City’s solid waste franchisee may remain until such time that the Property is developed in the future. 4.4 Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future. The Property maintains a livestock business and operation. All existing uses and operation on the Property EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 539 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 304 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 4 relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future. 4.5 The Property will have an exemption to Meridian City Code 6-3-10, Firearms; Dischargeable Instruments, until such time that the Property is developed in the future. 4.6 Any use constituting an “agricultural operation”, as defined in Idaho Code 22-4502 until such time the Property is developed in the future. 4.7 Currently stored or maintained on the Property: farm equipment, vehicles registered and unregistered), and excess organic and/or inorganic material necessary for the agricultural operation of the Property. Such items may include but not be limited to weed spray, gasoline, diesel, wood, compost, fertilizers and the like in quantities not usually found in urban residential properties. Such storage may remain in the current condition at the time of the adoption of this Agreement until such time that the Property develops in the future. 4.8 Operate Timber Creek Recycling on the portion of the Property (“Recycling Property”) outlined on the site plan (“Site Plan”) attached hereto as Exhibit C” and incorporated herein, as is currently conducted or may be conducted in the future, whether underthe name of Timber Creek Recycling or another name or entity, for a maximum period of ten (10) years from the date the City Council approves the signed Agreement. Upon the expiration of the ten (10) year period, all Recycling Activities (as defined below in Section 5.2) shall cease; provided, however, that Timber Creek may submit an application to the City Council to review the Recycling Activities and determine whether to permit Timber Creek to continue the Recycling Activities. Timber Creek shall submit the request for review no later than one (1) year prior to the expiration of theten (10) year period. Upon review, the City Council may, at the City Council’s sole discretion: a) elect to grant or refuse to grant additional time to Timber Creek to conduct the Recycling Activities on the Recycling Property past the initial ten (10) year period; and b) should additional time be granted, require more or different conditions on the Recycling Activities. If the City Council does not elect to grant Timber Creek additional time to conduct Recycling Activities on the Recycling Property beyond the initial ten (10) year time period then, at the City Council’s direction and by the date determined by the City Council, the Recycling Activities shall cease and all materials, equipment, structures, site modifications, etc. associated with the Recycling Activity shall be removed and the Recycling Property reclaimed to its former agricultural use/condition. In the event the City Council grants Timber Creek additional time to conduct the Recycling Activities after the initial ten (10) year period, EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 540 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 305 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 5 then the City Council may review the Recycling Activities upon the expiration of the additional time in accordance with the foregoing procedures, conditions and timelines. 5. Operation of Timber Creek Recycling. As set forth in Section 4.8 of this Agreement, Timber Creek is specifically permitted to continue operations on the Recycling Property. The following outlines the primary activities, but not all activities, related to Timber Creek’s operation or proposed operation on the Recycling Property: 5.1 Delivery of Recycled Materials. Timber Creek receives or may receive the following materials (collectively “Recycled Materials”) for Recycling Activities (defined below): 5.1.1 Wood. Wood is and will be delivered to the Recycling Property from the Ada County Landfill, Republic Services and other sources. 5.1.2 Grass. Grass clippings are and will be delivered to the Recycling Property from Republic Services and other sources. 5.1.3 Leaves. Leaves are and will be delivered to the Recycling Property from the Ada County Landfill and other sources. 5.1.4 Sheetrock. Sheetrock and/or gypsum is and will be delivered to the Recycling Property from Republic Services and other sources. 5.1.5 Food Waste. Food waste will be delivered to the Recycling Property from Republic Services and other sources. 5.1.6 Garden Waste. Garden waste will be delivered to the Recycling Property from Republic Services and other sources. 5.1.7 Other Materials. Timber Creek is allowed to accept other materials to recycle which are of the same category as the materials identified in Sections 5.1.1 through 5.1.6 or are intended for agricultural uses. 5.2 Recycling Activities. Timber Creek is entitled to accept, process, utilize and sell the Recycled Materials on the Recycling Property (“Recycling Activities”). For purposes of clarity, but not limitation, the following are examples of the Recycling Activities which are permitted on the Recycling Property: 5.2.1 Grinding. The Recycling Materials may be ground and transported from the Recycling Property for animal bedding, soil amendment, other agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. In the grinding process, Timber Creek may use loaders and excavators and other necessary equipment to perform such grinding. EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 541 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 306 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 6 5.2.2 Screening. The Recycling Materials, before and after processing, may be screened. Screening of any Recycling Materials may include the use of conveyors, trommels, hopper boxes, air systems, loaders and other equipment necessary to screen the Recycling Materials. 5.2.3 Feed. The Recycling Materials may be processed and transported from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on the Recycling Property or to third parties. 5.2.4 Composting. The Recycling Materials may be composted on the Recycling Property and transported from the Recycling Property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 5.2.5 Storing of Recycling Materials. The Recycled Materials, both before and after processing, shall be stored on the Recycling Property and after processing may be used on the balance of the Property. The facility and all associated grounds shall be maintained in an orderly manner to keep them from becoming a public nuisance as defined in Meridian City Code (MCC) 4-2-1; procedures and penalties for general nuisances are listed in MCC 4-2-4. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 5.2.6 Miscellaneous. Engage in any of the following as part of the Recycling Activities: loading and unloading of trucks; use of watering trucks on the Recycling Property and as part of the Recycling Activities; use of loaders, graders, tractors (with implements), fork lifts, and other heavy equipment, preparation and maintenance of the Recycling Property for the Recycling Activities; erection and use of a weather station; modification of the Recycling Property for the Recycling Activities, including leaching ponds and berms; use of air compressors, generators, tarps for covering of Recycling Materials, and bagging systems. 5.2.7 Other Activities. Timber Creek may engage in other activities relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as deemed appropriate by Timber Creek, provided, however, that any such use shall be in accordance with applicable laws and regulations governing such activities. 5.3 Related Activities. In addition to the Recycling Activities, Timber Creek may engage in uses on the Recycling Property that are related to, support, or are in furtherance of the Recycling Activities (“Related Activities”). For purposes of clarity, but not limitation, the following are examples of the Related Activities: EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 542 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 307 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 7 5.3.1 Truck Parking. Timber Creek may park trucks used for delivery, removal and/or processing of Recycled Materials on the Recycling Property. 5.3.2 Equipment. Timber Creek may place, operate, maintain, repair, relocate and remove any equipment, fixtures and personal property onto and from the Recycling Property in order to engage in the Recycling Activities. 5.3.3 Compliance. Compliance with all federal, state and local entities with jurisdiction, including, but not limited to Department of Environmental Quality, Department of Agriculture, Central District Health Department, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, and the Idaho Department of Water Resources. The City may consider a finding by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. Timber Creek shall take any action to: a) Comply with conditions imposed on it by any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities; b) Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by any and all of aforementioned entities with jurisdiction; and c) Cure or correct deficiencies or issues identified by any and all of aforementioned entities with jurisdiction. 5.3.4 Marketing and Sale of Processed Recycling Materials. Timber Creek may market and sale processed Recycling Materials. Processed Recycling Materials include, but are not limited to, mulch, compost, bark, playground chips, sand, stone, etc. 5.4 Retail Sales. Within the area on the Site Plan marked “Retail Sale” (“Retail Area”), Timber Creek may sell processed Recycling Materials to the public. Timber Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the portion of the Recycling Property where active Recycling Activities occur. Retail sales in the Retail Area are restricted as follows: 5.4.1 Hours of Operation. The Retail Area will not be open to the public for the purchase of Recycling Materials outside of the following hours: Meridian City Council Meeting Agenda June 11, 2019 – Page 308 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 8 b. Sundays: Closed 5.4.2 Vehicle Limitation. The following vehicles will be prohibited from accessing the Retail Property for the purchase of processed Recycling Materials: Meridian City Council Meeting Agenda June 11, 2019 – Page 309 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 9 6.2.2 Compliance with DEQ and Central District Health. Comply with all requirements of DEQ and the Central District Health Department (“CDHD”) as part of the Tier 2 approval process. Following approval as a Tier 2 facility, Timber Creek shall cooperate with DEQ and CDHD and permit monitoring of the composting operation and to resolve any compliance issues. 6.3 Noise Mitigation. Timber Creek shall do or adopt the following to mitigate the noise generated from Timber Creek’s Recycling Activities: 6.3.1 Mufflers. Timber Creek will acquire and install a Harco 2286RSL 10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the horizontal grinder and a muffler of similar quality and characteristics on the tub grinder. Timber Creek shall provide notice to the City upon the installation of the mufflers. 6.3.2 Landscaping. Timber Creek will install trees and other landscaping features on the Recycling Property in a manner as prescribed in MCC 11-3H-4D, as is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities. Said landscaping shall be installed prior to commencement of Tier 2 composting provided that the pilot programs for obtaining Tier 2 designation, as required by DEQ, may occur prior to the installation of the landscaping or berms as shown on the site plan. Timber Creek shall provide notice to the City when the landscaping set forth in this Modified Agreement has been installed. 6.3.3 Hours of Operation. Recycling Activities on the Property will be limited to the following: Meridian City Council Meeting Agenda June 11, 2019 – Page 310 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 10 6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. 6.5.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 6.5.6 Dustless Material. Resurface the entrance to the Recycling Property and Retail Area with a dustless material, including those materials set forth in Meridian City Code 11-3C-5B-1. 6.6 Traffic for Recycling Materials. Traffic to the Recycling Property is regulated as follows: 6.6.1 Recycling Activities. All traffic to permit Timber Creek to perform the Recycling Activities, including but not limited to, traffic for delivery of Recycling Materials, any safety programs, fire prevention, odor management, and composting, grinding and screening operations is expressly permitted, except as limited by this Section 6.6, and shall not constitute a nuisance. 6.6.2 Compliance with Ada County Highway District. All traffic to the Recycling Property shall comply with Ada County Highway District rules and regulations. 6.6.3 Truck Limitation. No more than fifty-six (56) Truckloads of Recycling Materials will be delivered to the Recycling Property per day. For purposes of this Agreement, “Truckload” shall mean any truck or vehicle carrying ten (10) or more cubic yards of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of clarification, the following do not qualify as a Truckloads: Meridian City Council Meeting Agenda June 11, 2019 – Page 311 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 11 Meridian City Council Meeting Agenda June 11, 2019 – Page 312 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 12 either merger or consolidation or pursuant to sale of all or substantially all of Owner/Developer or Timber Creek’s assets or membership interests, or (b) an entity controlled by, or under common control with, or controlling Owner/Developer; or 6.8.2 Development of Adjacent Property. Within thirty (30) days of written notice that the City has granted a Certificate of Occupancy to any new residential or commercial development within 1000 feet of the Recycling Property, as approximately depicted on the attached Exhibit “C”, being delivered to Timber Creek. For purposes of this Section 6.8.2, a “new residential or commercial development” shall mean real property which has: Meridian City Council Meeting Agenda June 11, 2019 – Page 313 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 13 6.13 Site Plan. Timber Creek shall provide a detailed site plan, as an Exhibit C” of this Agreement, to the City which: a) defines the Property; b) defines the Recycling Property ; c) defines the portion of the Property intended to be used for agricultural purposes or non-Recycling Activities; and d) identifies the general location of the equipment to be used for the Recycling Activities. The Recycling Property shall not exceed the identified thirty-six (36) acres in total. 7. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 7.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 7.1.1 Except as otherwise provided in this Agreement, future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. 7.1.2 Except as otherwise provided in this Agreement, future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11-2A-5, unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation. 7.1.3 Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City. 7.1.4 Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 8. COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN: 8.1 The City intends to extend the sewer and water infrastructure (“Utility Extension”) which will benefit the Property, the City, and other adjacent and adjoining properties. The City will endeavor to design the Utility Extension in a manner consistent with the City’s Sewer Master Plan including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the City designs the Utility Extension. In furtherance of this objective, the Utility Extension will include, but is not limited to, the extension of: Meridian City Council Meeting Agenda June 11, 2019 – Page 314 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 14 Meridian City Council Meeting Agenda June 11, 2019 – Page 315 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 15 Meridian City Council Meeting Agenda June 11, 2019 – Page 316 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 16 9.3.2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 9.2, the City shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City’s compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all rights to contest whether a default has occurred. 9.4 Delay. In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 9.5 Waiver. A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions. 10. INSPECTION: Following the development of the Property, Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property, as required by City ordinance or policy, notify the City Engineer and request the City Engineer’s inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 11. REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense, either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the ordinance annexing and re-zoning the Property. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement, at its cost and expense. 12. SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements, which the Owner/Developer agrees to provide, if required by the City. 13. CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 552 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 317 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 17 14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement, and the Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions contained in the Findings, this Agreement, and the ordinances of the City. 15. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: L & G Murgoitio, LLC 6575 S. Locust Grove Road Meridian, Idaho 83642 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 16. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney’s fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties’ respective heirs, successors, assigns and personal representatives, including City’s corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and anyother person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 553 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 318 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 18 and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council approved this Modified Development Agreement and executed by the Mayor and City Clerk. SIGNATURES ON FOLLOWING PAGE] EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 554 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 319 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 19 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L & G Murgoitio, LLC Date: __________________________ By: Name: Title: CITY OF MERIDIAN: Date: __________________________ By: Mayor Tammy De Weerd ATTEST: C.Jay Coles, City Clerk EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 555 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 320 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 20 STATE OF IDAHO ) ss. County of Ada ) On this _____ day of March, 2019, before me a Notary Public in and for said State, personally appeared , known or identified to me to be the manager or a member of L & G Murgoitio, LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires STATE OF IDAHO ) ss. County of Ada ) On this _____ day of ______________, 2019, before me, a Notary Public, personally appeared Tammy De Weerd and C.Jay Coles, known or identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 556 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 321 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 21 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 557 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 322 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 22 EXHIBIT B COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 558 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 323 of 396 MODIFIED DEVELOPMENT AGREEMENT – L & G Murgoitio, LLC – H-2018-0042 - Page 23 EXHIBIT C SITE PLAN EXHIBIT E Modified Findings of Fact, Conclusions of Law, and Decision & Order - Case No(s). H-2018-0042 Meridian City Council Meeting Agenda March 19, 2019 – Page 559 of 652Meridian City Council Meeting Agenda June 11, 2019 – Page 324 of 396 Meridian City Council Meeting Agenda June 11, 2019 – Page 325 of 396 Meridian City Council Meeting Agenda June 11, 2019 – Page 326 of 396 Meridian City Council Meeting Agenda June 11, 2019 – Page 327 of 396 Meridian City Council Meeting Agenda June 11, 2019 – Page 328 of 396 Meridian City Council Meeting Agenda June 11, 2019 – Page 329 of 396 Meridian City Council Meeting Agenda June 11, 2019 – Page 330 of 396 C'.E IDIAFZN.,?-- DAJ CITY COUNCIL WORK SESSION AGENDA .lune 11, 2019 Agenda Item Number: 3 7 Project File Name/Number: H-2018-0141 Item Title: Addendum to the Development Agreement for Avebury Subdivision With AD800 LLC (Owner/Developer) Located on the North Side of E. Pine Avenue and West of N. Locust Grove Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.J . Presenter: S tephanie L eonard Estimated Time f or P resentation: 0 Title of I tem - Addendum to Development Agreement for Avebury S ubdivision M D A (H-2018- 0141) with AD800 L L C (Owner/D eveloper) L ocated on the North side of E . Pine Ave., West of N. L ocust Grove Rd. AT TAC HM E NT S: Description Type Upload D ate S igned Addendum to D A for Avebury MD A-H-2018-0141 A greements / C ontracts 6/6/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 331 of 396 ADA COUNTY RECORDER Phil McGrane 2019-050135 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 06/12/2019 09:05 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. AD800 LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of, Une. 2019, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and AD800 LLC, ('ONVNER/DEVELOPER!), whose address is 408 S. Eagle Rd, Ste 103, Eagle, ID 83616. A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on November 5, 2015 in the real property records of Ada County as Instrument No. 2015-102166 ("DEVELOPMENT AGREEMENT"), R CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded in the records of Ada County as Instrument No. 2015-102166, except as specifically amended as follows: 5. COADITIONS GOYERNING DEYELOPMENT OF SUBJECT Pi"TPOPER c. A maximum offifteen fourteen (1445) single-family detached and attached homes shall be constructed on the site. The single family attached dwellings shall only be constructed on Lots 14 and 15, Block 1. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subj ed to dc -annexation ifthe Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. ADDENDUM TO DEVELOPMENT AGREEMENT - AVEBURY SUBDIVISION NIDA II 2018-0141 Page lof4 Meridian City Council Meeting Agenda June 11, 2019 – Page 333 of 396 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: AD800 LLC CITY OF MERIDIAN Mayor Tammy de Weerd ADDENDUM TO DEVELOPMENT AGREEMENT - AVEBURY SUBDIVISION MDA H 2018-0141 Page 3 of 4 STATE OF IDAHO } ss: County of Ada, ) 1 On this day of_ in and for sat,State, personal; met- Rh 411 h< and acknowledged to e that U allotaryPublic or identified to I I`VE 141 D qAD 800 LLC and the person who signed above executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. "014u11181"+,, eeeMc +�+ If AR ' * pUBtitG .0 44 P.8 OV. v 'e ++IIh11�H441�� STATE OF IDAHO ) ss County of Ada ) Notary Publicfigr Idaho Residing at: My Commission Expires. ! G 3 On this day of J LAMO , 2019, before me, a Notary Public, personally appeared Tammy de Weerd an�CW5� i known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, w9ho executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ------------- SEAHARLENE WAY Notary Public for Idaho MMISSION #67390 Residing at: ,QawkanU 14,E?,Q,G(f1,0 NOTARY PUBLIC Commission expires: 3 ~ 22� -ZQ 22 STATE OF IDAHO IMY COMMISSION EXPIRES 3/28/22 ADDENDUM TO DEVELOPMENT AGREEMENT - AVEBURY SUBDIVISION NIDA H 2018-0141 Page 4 o£4 EIDIAN,! -- CITY COUNCIL WORK SESSION AGENDA .lune 11, 2019 Agenda Item Number: 3 K Project File Name/Number: Item Title: Approval of Construction Contract to McLeran Well Drilling, LLC. For Well 20b Assessment and Rehabilitation Project for a Not - to -Exceed Amount of $68,129.00 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.K . Presenter: Consent Estimated Time f or P resentation: 0 Title of I tem - Approval of Construction Contract to M cLeran Well Drilling, L L C for the “Well 20b Assessment & Rehabilitation” P roject for a Not-To-E xceed amount of $68,129.00. AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 6/6/2019 Contract C hecklist Cover Memo 6/6/2019 Contractor S igned Contract Cover Memo 6/6/2019 B udget R eport Cover Memo 6/6/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 336 of 396 Page 1 Memo To: Chris Johnson, City Clerk From: Sandra Ramirez, Purchasing Specialist CC: Kyle Radek; Keith Watts Date: 6/4/2019 Re: June 11 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the June 11 th City Council Consent Agenda for Council’s consideration. Approval of Construction Contract to McLeran Well Drilling, LLC for the “Well 20b Assessment & Rehabilitation” project for a Not-To-Exceed amount of $68,129.00. Recommended Council Action: Award of contract to McLeran Well Drilling, LLC for the Not-To-Exceed amount of $68,129.00 and authorize Purchasing Manager to sign the Purchase Order for the Not-to-Exceed amount of $68,129.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda June 11, 2019 – Page 337 of 396 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A- Payment and Performance Bonds Received (Date): Rating: Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Existing 16556 5/31/2020 I. PROJECT INFORMATION 6/4/2019 4/20/2020 N/A 1 2019 6/5/2019 PW Well 20b Assessment & Rehabilitation (Construction) V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A 10/1/2017 June 6, 2019 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Warren Stewart 6/4/2019 VII. TASK ORDER SELECTION (Project Manager to Complete) N/A Award based on Low Bid Highest Ranked Vendor Selected $68,129 Kyle Radek If yes, has policy been purchased? Engineer - HydroLogic / Contractor - McLeran Well Drilling III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3490 96120 11028.b TASK ORDER 6a RFP / RFQ BID Meridian City Council Meeting Agenda June 11, 2019 – Page 338 of 396 CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL 20B ASSESSMENT & REHABILITATION PROJECT # 11028.A THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this t 1411 day of June , 2019, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and McLeran Well Drilling, LLC.—, hereinafter referred to as "CONTRACTOR", whose business address is 1204 Center Ave Payette, ID 83661 and whose Public Works Contractor License # is C- 16556- C-4. INTRODUCTION Whereas, the City has a need for services involving WELL 20B ASSESSMENT & REHABILITATION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled 'Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, WELL 20B ASSESSMENT & REHAB page 1 of 14 Project 11028 A state and city lars, ordinarrccs, regulatbns and resolutions. The Contractor represents and wanantB that it will perfionn i'E x,ork in accordance with generalty accepted industry standards and pradioee for the proEssion or proGssione that are used in performance of thia Agreement and that arc in effect at the tinrc of performanco of this Agreement. Exept fur that repreeentation and any repre*ntations made or contained in any proposal subrnitbd by the Contactor and any Gports or opinkrns preparod or lssued as part of the work perbrme<t by the Contsactor under this Agreement, Contacbr makes no o,trerwananties, either e)gress or implied, as part of thig Agreern€nt. 1 .4 Services and wprk provkled by he Contsactor at the Citfs reqwst under this Agreement will be performed in a tirnly manner in accordance with a Scfiedule of Work, wtlid the parties hereto shall agree to. The Scfpdule of Work may be revis€d from time to Ume upon mufudwriten consent of the parties. 2. GonrldcnUon 2.1 The Confactor shall be compensabd on a Not-TeExceed basis as provided in Exhibit B'Payment Scfiedule'attacfied herob and by reference made a part hereof for the Not-To-Exceed amount of 368.{29.00. 2.2 The Contac'tor shall provide 0re Ctty with a monthly statement and supporting invoicss, as the wort wanants, of fues earned and costs incuned for services provided during thc billing period, wfiacft the city will pay within 30 days of leceipt of a conecl invoice and approval by the City. The City will not withhold any Federal or stab income tiaxer or socjal s€curity Tax from any payment made by city to conbactor under he terms and condfions of this Agreement. payment of all taxes and other asggssrnents on g.rcfr sums is the sole responsibility of Conbactor. 3. 2.3 Except as e)eressly provided in his Agreement, confactor shall not be entitled to receiw frorn the City any additionalconsk eratbn, compercation, salary, w?ges, or other type of remunera6on for servicer rendered under this Agreement induding, but not limiEd to, meals, lodging, ransportahn, drawings, renoeringe or mockups. Specificalty, Conbactor shall not be entided by virtue of this Agreenrent to conskjeration in the brm of overtime, healtr insurance benefits, retirement benefits, paid holidays or other pairi barres of absence of any type or kind whatsoever. Tcrm: 3-1 .. This agreement shall become efiec*ive upon execution by both parties, and shall epire upon (a) completon of the agreett upon work, (bj or uniees soonar terminabd as provided in sections 3.2, 3.3, and section I oit6w or unless some other method or time of brminatbn is lisbd in E:dribit A WEIL 2OB ASSESSTGXT E RE}IAA Pqocr 110281 9qozot 14 Meridian City Council Meeting Agenda June 11, 2019 – Page 340 of 396 3.2 Should Conbac{or default in he perfurmanoe of this Agreement or mabrialty breach any of its provisions, City, at CiVs option, may brminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of tp compensation set brfr in Exhibit B of this Agreement on the dab due, Contsactor, at the Contractor's option, may terminate this Agreement if the iailure is not remedied by the City within frirty (30) days from the date payment is due. 1. Tcrmlne0on: 4.1 lf, through anycaule, COII{TRACTOR, itcoffcorlr, employrees, oragpnEfiails to futlill in a timely end proper manner its obligeti$s un<lerthisAgrcement violaEs any of the @tenants, agreernenB, or stipulstions of this Agreernent, falsifies any record or documsnt require<l to be prepared urd€r this ryreernent, engag€s in fraud, dishorrety, or any other act of mirconduct in the perbrmance of this confact, or if the City Council debrmines that termination of thic Agreemcnt is in the best inbreet of CITY, the CITY shall thereupon harrt Uro rilht to brminate this Agreement by gMrB writEn noticc b CONTRACTOR d sucfi brmination and spec*fyirE the efiactiw dab thereof at least fifteen (15) dayr beforc the etiectirrc dab of sucfi tcrmination. CONTRACTOR may brminab this agreement at any tirne by gMng at least sixty (60) days notice to CITY. ln the e\€nt of any termination of this Agreenrent, all finished or unfinished documents, data, and repqB prepared by CONTRACTOR under tris Agreement shall, at the option of the CITY, become iB property, end CONTRACTOR shafl be entithd to receive just and equitable compernation for any work satishclorily complete herwnder. 4.2 Notuihstanding the abot/e, CONTRACTOR shallmt be reliered of lhtilig to the clw for damages eustrained by tre clrY by virtue of any breach of inis Agreement by CONTRACTOR, and 0re CITY may withhold any payments to CONTRACTOR forthe purposes of set-off untilsucfr fime as the exaci amount of damages due the CITY horn CONTRACTOR b determined. Thie provision shatl survive the termination of his agreement and strall not relieve CONTRACTOR of its liability to he CITY for damages. I ndependcnt Gontnctor: 5.1 ln allmatters pertaining to this agreenrenl CONTRACTOR shallbe aciing as an independent conFactor, and neither coNTMCToR rpr any officer, emptoyeeor agent of coNTRACToR will be deemed an employee oi ctry. gxcepf as elpressly provided in Exhibit A, Conbactor has no auttrority or responsibitity to gxelcise any rights or povu€r vested in the City and therefori has no authority to bind or incur any obligation on behatf of tre Cig. The seleclion and designation of the personnelof the CITY in the performance of this agreement shallbe-made by the CITY. WELL 208 ASSESSTCTiIT t REFIAB Plt#rct 110281 5. p.e. 3 of l.l Meridian City Council Meeting Agenda June 11, 2019 – Page 341 of 396 7 5.2 Contractor, ib agpnts, officers, and employtes are and at alltimes during the term of this Agreement shall reprosent and condud themselrres as independent contractors and not as employeee of he City. 5.3 Contractor shalld€brmin€ the me0rcd, details and means of perbrming the urcrk and e€ryi€3 to be provited by Contactor underthis Agreement. ConUaclor shall be responsibl€ to City only for the requirementr and reeults specifred in this Agreement and, except as epretsly provkled in this Agreemen( shall not be suliecbd to City's contsol with rscpcct to fp physical adion or ac{ivities of Confactor in futfillment of this Agreernent. !f foi the performance of thisAgreement any third portons are employed by Contactor, sucfi persons shall be entirely and exdusirrely under the direction ard supcrvision and control of the Contactor. 6. Sub€ontrector: Contraclor shall require that all of ib rubonbafrrs be ticensed per Stab of ldaho Statute # 54-1901 Rcmovel ol Un .t hctory Employro: The Contsaclor shall only fumbh employees urtrc are competent and skilled br rcrt( under this conbact. lf, in the opinlon of the City, an employee of the Conbactor is incornpebnt or disorderly, refuses to perbrm in accordance with th€ brmg and conditions of tp confac( threatens or uses abusive language wtrile on City property, or b otherwise unsatief;actory, that employee shal! be removed fom all work under this conbact. 8. lndcmnlllcrtlon end lnrurrncc: 8.1 CONTRACTOR shall indemniff and eave and hold harmleas CITY and it's elected officials, officers, employoes, agents, and rrolunbers from and for any and all losses, daims, actione, judgrnentg fur <tamagee, or injury to persong or property and losses and elgenset and offrcr cocB incftrding litigatircn costs and atbney's bes, arising otrl of, resuttirB ftom, or in conneciinn with the performance of trris Agreement by tte CONTRACTOR, it! s€ryanE, agenE, ofilcers, employees, guesB, and businegs invibec, and not cauged by or arising out of fie tortious corduct of CIW or its employees. @NTRACTOR strall mainhin. and soecificaltv aorees hat it will rnainbin thrqrtrout the erm of trig Aoraornent. lhbilitv insura4ce. in=Uticfi t!€ CITY shafl bc narned an additbnat insur€d in tte minimum amounB as bllow: General Liabalrty one Mnion Dollars (S1,000,000) per inddent or occurenoe, Arbmoule Liaulig lnsurance orp Million Dollars ($1,o0,0001 per incitlent or o@urronoa and Workers'Compensation lnsurance, in the stahrtbry limib as required by law.. The limiB of insurance shall not be deemed a limihtion of the covenanE to indemniff and sarrc and hold harmless CtTy; and if CITY becomes liable 6r an amount in excsss of the insurance limfb, herein provided, coNTRAcroR covenanb and agre6 to indemniff and save and hold'harmtessclrY from and fur allsucfr looses, daims, ac{ions, or judgmenB for damages or injury to persons or propcrty and offrer @sts, inouoing litigation cos6 ano WELL 2OAASSESSTENT S RETTAE ProF, 1I@EA p.er a of ,4 Meridian City Council Meeting Agenda June 11, 2019 – Page 342 of 396 attomeys' fieea, arising out of, resul$ng ftom , or in connection with the perforrnance of this Agrecment by Up ContsacbrorConbador's ofroers, emplo),s, agonts, represcntatives or subcontractorc and resulting in or attibutable to personal inlury, deafr, or darnage or dertsucdon to tarpible or intarqibb propefi, induding use of. CONTMCTOR shall provide CITY uyith a Certificab of lnsuranoe, or other proof of inourance evidencing CONTRACTOR'S compliance wi0t tho requirsments of frtb paragraph and file such proof of insurance with the CITY at least ten (10) deF prior b the dab Conbactor begins pcrformance of ifs obl(;ations urder this Agreement. ln the errent the ineurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance wi$ the cftanged limits. Evilence of all insurance 3hall be subrnitbd to frre City Punfiasfop Agent with a copy to iiierklian Crty Accountirp, 33 East Broadway Arrenue, Meridian, ldaho 83642. 8.2 lnsurancs ls to be dacsd with an ldaho admftted ingurer with a Beefe rating of no less than A-. 8.3 Any cledudibbs, self-insured retention, or named insurcds must be dedared in writing and approved by the city. At the option of the city, either the insurer shall reduce or eliminate sucft dcductibles, solf-insured retenlions or named insureds; or the conEactor shall provirle a bond, cash or letter of credit guaranteeing payment of losseg and related inwstigations, daim adminisfiation and dehnse expenses. 8.4 To the exbnt of the indemnig in this contact, contractor's lnsurance covterag€ shall be primary inzurance regarding the City's elected officerc, offcials, employees and volunteer. Any insurance or self{nsurance maintained by the City or the cig's electad oficen, officiale, employees and volunEers shall be exoess of the Contsactot's insurance and shall not contibute witr Conkac{or's insurance except as to the e:dent of City's neglgence. 8.5 The contraclor's inzurance shall apply separably to each insured against whom daim ig made or zuit is brorght, except with respect to the limits of tre insure/c liability. 9. 8.6 All insurance coverages for subconbadors shall be subject to all of tre insurance and indemnity requiremenb stated herein. 8.7 The limits of insurance described herein shall not limit the liability of the conractoranct contracb/sagents, represontativ€s, employees orgubconfadoa. Time b of $e Erenco: The parties hereto acknowledge and agree trat time is sficty of the essence withrespeci to each and errery term, condition and provision here6t and that the failure to lTeY frfgrm .any9f the obligatlcns hereunder shall consttub a brcach of anda default under, this Agreement by the party so failing to perform. WELL 2OB ASSESSrINT & REI,IAE Pqtccr 1102E.A pegc 5 of 14 Meridian City Council Meeting Agenda June 11, 2019 – Page 343 of 396 10, Bondr: Payment and Perbrmance Bonds are required on all Rrblic Works lmprovement Projeds per the lSPtl/C and the CiU of iieridian Supplernental Specifica[ons & Drawings b the ISPWC, wfiicfi by this rebrcnce are rnade e part hereof. Contador is nquired to fumistt hithful perbrmance and payment bords in the amount of 100% of the conbact prbe iseued by surety licensed to do br.siness in the State of ldaho. tn the errsnt th.t the confact ig cubeogu€nty brminated for fallure to perform, the confractor and/or surcty will be liabh aM aasessod for any and all cortc br the regroo.rrcrnsnt of thc conbact ccrvioea. 11. tilerrrrty: All construclion and equiprnent provitted under this agreement shall be warranted for 2 years from the date of the City of fUeridian acceptanoe per tho lSPlllC and the t\leridian Supplemental spedfrcations & Dralings to the lspwc and any rnodificetiorc, which by this rehrenca are mad€ 8 part hereof. Nl itarng hlnd to be debdiv" during a wananty inspectbn and aubeequenty conecbd will require an additi{Jnal two (2) year wananty frorn 0re daE of City's acceptance of tho correcbd work. 12. Changor: The CITY may, fronr tinre b tirre, requeet cfiarqes in the Scope of Wort to beperbnned hereunder. Suctt cfianges, induding any inoease or decrease in the amount of COtqBI9TOR'S_conrperuetion, wtticfi are mutrally agrccd upon by and b€tvle'en tt€ CITY and CONTRACTOR, shall be incorporatsd in niitten amendments wfik$ shafi be executed with the same formalati€s as thic Agreernent 13. Tarel: The Ctty of ilerirlian ie erempt from Federal and Strato brcs and will execute rrercquircd cxcmption oerfificabr for itams purdra*d and uscd by fre Crty. ltems purchascd by the CIty ard uaed by a contador ara sulied to Ub Tax. Allother tiaxee are he retponoibility of the Confador and are to be induded in theConfactor's Btr pricirU. 11. hrldlm Sbnnwrbr Speclficeflom: All constsr.rdkxr Proiects roquip cither a Storm Water Pollutbn prerention plan (9WPPP) or an srcion sodirnent conbol plan (ESCP) as specrfiod in Ure City ofMeri<lian Gonsffirction StqrntaEr Managdmeni progr;m (CSWMP) r"nu"t. Tf,eCSWMP mantrl containing thc proccdures and gufulincs can be futno it u,isaddres6: Conbactorshat rebin allstormwebranderosion control doqrnrcntatbngonerabdon site during cons0udion induding the SWPPP manual, field inspe&ons anO WELL 208 ASSESSENT & RE}IA8Pr*ra rroaC.i Ptgt 6 o' 14 Meridian City Council Meeting Agenda June 11, 2019 – Page 344 of 396 arnendments. Prior to final acceptancc of the job by Ur€ Ctty the confactor shall retum the field SWPPP manual and field inspecibn documenB to the City for review. A compleEd Contaclor Request to File Proiect N.O.T. with the EPA brm shall be prov*led to the City with the documents. Thes€ documents shall be retained, revby|€d and approved by the City prior to final acceptance of the proiect 15. ACHD: Confactor shall be r€sporcibh for coordinatfrg with the Ctty to obtain appropriate ACHD permit(s) and will rsimbum rt€ crty for Eeg, finer, or pcnaltier city incurs due to contacior's violetirn of any ACHD polrcy city 3hatl certify to AGHD trat conbacbr is authorized b obtain a Temporary Hlghway and Rightof-way use Permit ronr ACHD on city's behalf. The parties acknoudedge and agree that the scoPe of the agoncy granbd by eucft ccrtification ir limibd b, and conterminous wffi, the term and scope of thls Agreement. 16.Rrportr end lnlo,rme0on: 16.1 At snch [rncc and in c{.rch brms es th€ clTY rnay require, there shall be fumishcd to the clw such etabrncnts, ieoofus, reportr, data ard inbrmation as the CIIY may reqrleat pertaining to matters cowrad by sris Agreement. 16.2 Confacbr shall maintain allwrttings, documents end r€cords prepared or com$led in connecilbn with the perbnnence of thie Agrcencnt br a minimum of four (4) yrears frorn th€ termination or complstion of tris or Agreement Thb indu&s any handwriting, typewitirB, pnnting, phob stat c, phobgraphic and every other means of recording upon any trarqible thing, any brm of communication or representation induding lstbrB, uords, picfirree, sourds or symbols or eny combination thereof. 17. Audlt lrd lnrpectono: At any 0me during normal buslnegg hourc and ag often ag the CITY may deem ,t@B$iary, tlpre shall be made available b he CITY br examination all of COf'ITRACTOR's.records wtth r€spect to all maters correred by tris Agreement CONTRACTOR shafl permit he CITY to audit, examiu, and make eicerpb orransctipts ftom cucft records, and to make aurdits of all contracts, invoices,mglrials, payrolls, records of personnel, condfions of emplcyment and otherdatarelating to all matEn coverBd by this Agreement. 18. Publlcr0on, Reproducflon and Ur of tebrbl: No maErial produced in wfiole or in.part under this Agreernent shall be subject tocopynght in the Unibd Shtes or in any orrer couiry. The clTy shalf haveunrestsictod auhority to publish, disdoce ino orrerwise use, in nf,role or in par( anyroport8, data or other mabrials prcpared under this Agreement. h,ELL rcB ASSESSTGNT T REI{A8 Prqccr r1@84 Ptgp 7 0f 14 Meridian City Council Meeting Agenda June 11, 2019 – Page 345 of 396 10. Equrl Employnent Opportunlty: ln performing the worft herain, Conbacfor agrBes b comply with tre provisions of TaU€ Vl and Vll of the CMI RlrhE Ac( Revenue Shering Act TiUe 31, U.S. Code Saction 2176. Speclficatly, the Contactor agrec not to discriminaE against any empbyee or applicantbrcrnployment becausc of race, oolcr, religinn, sex, national origin, age, political affiliation, marital stats, or handbap. Confactor will take affirmative adion during employnnnt or training to insurs that employees are faated wihout regard to rece, color, religion, sex, national or(1in, age, polfical afiiliation, marital stafus, or handirxp. ln performing the work rcquired herein, CONTRACTOR shell not unlawfully disoiminab in vinlation of any bderal, staE or local !aw, rule or regulation against eny penon on the basis of race, @lor, religion, sex, national origln or ancesty, ag€ or disabilfi. m. Emploprnt ol Bone Flde ldrho Rccldentr: Confactor must comply witt ldaho StaE Stat ts *1002*fiich states that the Conbactor employ ninety-five percent (95%) bona llde tdatro residenB. 21. Advlce of Attomey: Each party wanants and represenB that in exeanting this Agreement. lt has receircd inclependent legal advice ftorn ils attom{e or the opportrnfi b seek $rch advice. X2. Attomcy Foo: Should any lit[atbn be commenced botrcen the parties hereto conceming this Agrecmcnl thc prcvailing party shall bc entitled, in addition to any other relicf ac Tay Oe granted, b court cosE and reasonable attonnys'bes as deErmined by a Court of compctent juricdiction. Thb provision shalt be deemed to be a separate confad befueen the partics and shall surviw any defauft, termination or for6iture of his Agreement. B. Comtnrcfron lnd gcwnblllty: lf any part of this Agreement is held to be innalirl or unenbrceable, gucfi holding will not afhct the velirlity or enforceability of eny other part of this Agreement so lorp asthe remairder of the Agreenrent is reasonably cei€ble of com-pbtion. 21. Wefvu of Dfiult: waiwrof default byeitherpartyto hisAgrce,nentshallmtbe deenredto bewairer o.f a.1Y subseQuent default. Waiver or Uoactr of any provision of this egr.r*ntshall not be @med b be a waiver of any other or idoeeq,rent breacfr,ind shallnot be consbued to be a modifrcation of bre brms of this ngroen ent ,nfCs. r,itAgreement is modified as provided aborre. WELL 20ts ASSESSTG}'T & REI{A8 Protod It(P8rt psge I of 14 Meridian City Council Meeting Agenda June 11, 2019 – Page 346 of 396 25. Entln Agroement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandingo, oral of written, whether previous to the execution hercof or eontemporanoous hereuyith. 26. Arlgnnrent: It is ergressly agreed and understood by the parties hereto, that CONTRACTOR shall not haw the right to assign, bansbr, hypothecate or scll any of iB righE under this Agreement exept upon the prior elprecs written consent of CITY. 27. Peymcnt Rcquert: Payment requesB shall be gubmitbd b Crty of iibridhn through the City's projecl menegelTrent software. The Projccl Manager will compare the inroir:e against he Paynent Scfpdule in the Agreement for compliance. Upon approval that the work has b€on done and is in compliance with he Agreement, the Proiect Manager will approw the pay request for processing. City of llerillian payment terms are trbt 3O fiom the dab Ci$ receives a conect invpioe. Final payment witl not be released unUlthe CIty has receiwd a tax releace from fre Tax Commission. 28. Clernup: 29 Conbactor shall keep the wod€ite dean and free from debris. At completion of work and prior b requesting final inapectbn, ttre Contactor shall remove all traces of waste mabrials and debris resultirq from the work. Final payment will not be made if cbanup hae not been perbrmed. Odor of Prrccdcnce: The order or precedencs shall be th€ conbad agreement, the lnvitration for Bkl document, then the winning bidders submitbtl biJ document. 30. Conpllence wltlr Lewr: lnperforming the scope of nork requ{red hereunder, coNTRAcroR shallcomply with all applicable laws, ordinancos, and codes of Federal, strate, ano bcjtgovemmenB. 3'l WELL 2@ ASSESSICT{T t REI{AB Prqecr t1026"A Appllceble [rw: This Agreement shall be gorremed by and constsued and enforced in accordancewith he lawt of the Statc of ldaho, and the ordinances of the CIty of Mcridian. p.g! I of 14 Meridian City Council Meeting Agenda June 11, 2019 – Page 347 of 396 32. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian MCLERAN WELL DRILLING, LLC. Purchasing Manager Attn: David McLeran 33 E Broadway Ave 1204 Center Ave Meridian, ID 83642 Payette, ID 83661 208-489-0417 Phone: 208-642-6895 Email: dmderan(a)-g.com Idaho Public Works License # C -16556-C-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 33. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN B TAMMY de WEERD, MAYOR Dated: - 11 -9'Q1 9 Approved by Council: Ane t: i a E I'DI CI t K ti� SEAL 0��TFR of the MCLERAN WELL DRILLING, LLC BY: T — Dated: 6—?— WELL 208 ASSESSMENT 8 REHAB page 10 of 14 Project 11028.A Purcharlng Proiect taneger Kvle Radek WEIL 2OB A&9ESSTGNT O REI{AE Pniod 11q2Er ptgc ,t of 14 Meridian City Council Meeting Agenda June 11, 2019 – Page 349 of 396 EXHIBIT A SCOPE OF WORK SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in ac:codane with the cunent vercion of the ldaho Sfandads for Public Works Con$ructbn (lSPvltC), the 2013 City of Meridian Supplemental Specificafions to the ISPWC (and any Addendums). r See attacfpd Well 20b Assossment and Rehabilitation Contactor Cosb dated 4n6ng (1 page) WELL 2OAASSESSTGXT T RE,{AE Pioiqr ll@8.A o'oc12d11 Meridian City Council Meeting Agenda June 11, 2019 – Page 350 of 396 Well 20 B Assessment and Rehabilitation Contractor Costs:4/26119 I]NITS QTIAN'IITY I,I\II'COST TOTAL ITEM COST Original Project Well redevelopment including removal and reinstallation ofexisting 7" steel liner by Mclrran Well Dri[ine lumo sum I $15.190 $ls.l90 Subtotal $15,190 Change Order #1 Lodged Packer Pump Stuck isolation-packer pump incident includes hours and new oquipmcnt by Mcleran Well Drilling lump sum I $14.316 $ 14.3 l6 Modifu existing 12" x 8" steel packer-reducer assembly to lock onto top of8" head-pipe (at Advantage Machine) by Mcleran Well Drilling each I $ r,100 $r.r00 Install modified l2" x 8" packer-reducer assembly by Mcleran Wcll Drilline hours 6 $250 t.500 Bail bottom of well by Mcleran Well Drilline hours 2 $250 00 Subtotal $17,416 Well Remediation (Modilication to Original l,rojcct) Acidifo well with Johnson n-u-\\'ell 120 (phosphoric ar:id) mixed with Johnson Nu-Well 3 l0 (Bioacid dispersant) using tremie by McLeran Well hours t2 $250 $3,000 Hlgh-pressureJetllng ot'E-inch screens from bottom-to-top using water to clean screens ofdebris, agitate remaining acid into filter pack, and dilute acid prior to pumping out of well by McLeran Well Drilling (Already had 9-hours in bid)hours J $2s0 $7s0 Bail bottom of well by Mcleran Well Drilline hours 2 $2s0 Isolation-packer pumping cquipment rental with generator by McLeran Well Drilline each I $ l.000 $ 1.000 lsolation-packer pumping ofrvell from bottom-to-top to remove cleaning solution and dilutc with more water by Mcleran Wcll Drilling hours il $2s0 $2.750 Chlorinate well with 12.25% sodium hypchlorite mixed with Johnson Nu- Wel! (chlorine enhancer) with tremie by McLeran Well Drilline hours t0 $250 $2.s00 Agitate chlorinqte{ rvell with swabbing tool by Mcleran Well Drilling hours 2 $2s0 $500 Subtotal $11,000 Install 7" Stainless Steel Liner into Well Screens to Occlude Upper Screen Section (Modilication to Orieinal I)roiect) l2" x 8" stainless steel packcr-reaiu-eias@ screens to I 7.4' PVC casing (Locks onto the three I " stainless steel pins mounted in the head-pipe and seals 8" stainless steel screen assembly to I 7.4" PVC casing.) by Mcleran Well Drilling each I $5.500 $s,500 Upper 7" stainless steel packcr-reducer assembly (l-ocks onto the three l" stainless steel pins mounted in the 12" x 8" packer-reducer assembly and seals top of 7" stainlcss stcel liner assembly to | 7.4" PVC casing.) by Mcleran Well Drilling $5. r 00 $s. l 00 7" O.D. x 0.250"-wall stainless steel tube by Mcleran Well Drilling feet 87 $r99 $17.313 Lower 7" stainlcss steel packer assembly (Seffi liner to 8" stainless steel pipe between upper and lower sections ofwell screen 4qsgmbly.) by Mcleran Well Drilling I $2.800 $2,800 Freight for liner assembly components (approximated) by Mcleran Well Drilling lump sum I $2.000 $2,000 Install 12" x 8" packer-reducer assembly onto head-pipe by Mcleran Well Drilling hours 6 $2s0 $ l,500 Install 7-inch stainless steel liner into well by Mcleran Well Drilline hours l0 $2s0 $2.500 Subtotal s36,713 Other Additional Costs with chlorins, and pump, punrp and trailers460',hours t2 $2s0 $3.000 Subtota $3,000 CO#l Cost $68,129 Page I ofl Controct Total $83,319 IIydro Logic, Inc Boise, Idaho s500 I Meridian City Council Meeting Agenda June 11, 2019 – Page 351 of 396 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 96120 WELL 20b Construction 11028 Well 20b Assessment 208,190.00 0.00 208,190.00 100.00% Total Capital Outlay 208,190.00 0.00 208,190.00 100.00% TOTAL EXPENDITURES 208,190.00 0.00 208,190.00 100.00% Date: 6/4/19 03:34:54 PM Page: 1Meridian City Council Meeting Agenda June 11, 2019 – Page 352 of 396 E IDIAtN*,---.-IZ CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 3 L Project File Name/Number: H-2019-0057 Item Title: Resolution No. 19-2145 Utility Easement Vacation for Main2Meridian Meeting Notes: r I TEM SHEET C ouncil Agenda I tem - 3.L . Presenter: Chris J ohnson Estimated Time f or P resentation: 1 minute Title of I tem - Resolution No. 19-2145 : A Resolution Vacating T he P ublic Utilities And D rainage Easement L ocated On T he North And East Boundaries Of L ot 3, B lock 1 And T he South And E ast B oundaries O f L ot 2, Block 1 Of Renewal P lace S ubdivision As C reated By Plat Note No. 7 On Sheet 1 Of 3 To T he Official Plat T hereof, Recorded In Book 106, P ages 14631-14633 Records Of Ada C ounty, Idaho. Said E asement Being T he E xterior 10 F eet Along T he South Boundary Of S aid L ot 2, T he E ast B oundary Of S aid L ots 2 And 3 And T he North Boundary Of Said L ot 3 L ocated At 703 And 713 N. M ain S treet, M eridian, Idaho; And P roviding An E ffective D ate. R esolution for Vacation of P ublic Utilities and D rainage Easement at 703 and 713 N. Main, Meridian, I D AT TAC HM E NT S: Description Type Upload D ate Reso f or Vacation - Main2Meridian Resolution 6/5/2019 E xhibit A E xhibit 6/5/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 353 of 396 ADA COUNTY RECORDER Phil McGrane 2020-002497 BOISE IDAHO Pgs=3 VICTORIA BAILEY 01/08/2020 12:14 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. 19-2145 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION VACATING THE PUBLIC UTILITIES AND DRAINAGE EASEMENT LOCATED ON THE NORTH AND EAST BOUNDARIES OF LOT 3, BLOCK 1 AND THE SOUTH AND EAST BOUNDARIES OF LOT 2, BLOCK 1 OF RENEWAL PLACE SUBDIVISION AS CREATED BY PLAT NOTE NO. 7 ON SHEET 1 OF 3 TO THE OFFICIAL PLAT THEREOF, RECORDED IN BOOK 1.06, PAGES 14631- 1.4633 RECORDS OF ADA COUNTY, IDAHO. SAID EASEMENT BEING THE EXTERIOR 10 FEET ALONG THE SOUTH BOUNDARY OF SAID LOT 2, THE EAST BOUNDARY OF SAID LOTS 2 AND 3 AND THE NORTH BOUNDARY OF SAID LOT 3 LOCATED AT 703 AND 713 N. MAIN STREET, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 4, 2019 the City Council of the City of Meridian, held a hearing on the vacation of the Public Utilities And Drainage Easement Located On The North And East Boundaries Of Lot 3; Block 1 And The South And East Boundaries Of Lot 2, Block 1 Of Renewal Place Subdivision As Created By Plat Note No. 7 On Sheet 1 Of 3 To The Official Plat Thereof, Recorded In Book 106, Pages 14631-14633 Records Of Ada County, Idaho. Said Easement Being The Exterior 10 Feet Along The South Boundary Of Said Lot 2, The East Boundary Of Said Lots 2 And 3 And The North Boundary Of Said Lot 3 as shown in the attached Exhibit "A"; and WHEREAS, the subject property is located at 703 and 713 N. Main Street, in Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY Section 1. That the Public Utilities And Drainage Easement Located On The North And East Boundaries Of Lot 3, Block 1 And The South And East Boundaries Of Lot 2, Block 1 Of Main2Meridian — Utility Easement Vacation — H-2019-0057 PAGE I Or 2 Meridian City Council Meeting Agenda June 11, 2019 — Page 354 of 396 Renewal Place Subdivision As Created By Plat Note No. 7 On Sheet 1 Of 3 To The Official Plat Thereof, Recorded In Book 106, Pages 14631-14633 Records Of Ada County, Idaho. Said Easement Being The Exterior 10 Feet Along The South Boundary Of Said Lot 2, The East Boundary Of Said Lots 2 And 3 And The North Boundary Of Said Lot 3, located at 703 and 713 N. Main Street in Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho is hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED by the City Council of the City of Meridian Idaho, this tk'day of June, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this t 441 day of June, 2019. Mayor Tammy de Weerd ATTEST: 21001 DAuc�s;� By:IDAHO E IDIAN' i son ierk SEAL o� ti TFR of the STATE OF IDAHO, ) ss County of Ada ) On this \ 0" day of June, 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and CHRIS JOHNSON, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CHARLENE WAY 0�1 -cMMISSION #67390 OTARY PUBLIC NOTARY PUBLIC FOR IDAHO STATE OF IDAHO RESIDING AT: vY ►0 MY COMMISSION EXPIRES 3/28/22 MY COMMISSION EXPIRES: 3 "23 "ZO2 Main2Meridian — Utility Easement Vacation — H-2019-0057 PAGE 2 of 2 C. Legal Description of Easement Proposed to be Vacated Sawtooth Land Surveyin g, LLC P: {205) 398-8 I 04 F: (208) 398-81 05 2030 5. Washington Ave .. Emmett. ID B3G I 7 Legal Description For Public Utility Easement Vacation That portion of the publi c utilities and drainage easement located 0111 Lots 2 and 3, Block 1 of Renewal Plac@ Subdivision, as created by Plat Note No. 7 on sheet 1 of 3, according to the officia l plat thereof, recorded in Book 106, Pages 14631-14633, records of Ada county, Idaho. Said easement being the exl:erlor 10 feet al'ong the south boundary of sa id Lot 2, th e east boundary of said Lots 2 ;;md 3 and the north boundary of safd Lot 3. P :\2017\17317-MERIDIAN BLOCK TOPO -RENN ISON\Survey\Drawings\Descripti ons\Plllllic U tility Easement Vacation Descripli on .docx 11 Page 5 EXHIBIT A Meridian City Council Meeting Agenda June 11, 2019 – Page 356 of 396 EIDIANDAHO fi-- CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 3 M Project File Name/Number: Item Title: Resolution No. 19-2146: A Resolution accepting the 2019-2021 Traffic Box Art Image Repository. Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 3.M. Presenter: Hillary Blackstone Estimated Time f or P resentation: 0 Title of I tem - Resolution No. 19-2146: A Resolution Accepting the 2019-2021 T raffic Box Art Image Repository AT TAC HM E NT S: Description Type Upload D ate Traf f ic Box Respository Resolution Resolution 6/7/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 357 of 396 CITY OF MERIDIAN RESOLUTION NO. 19-2146 BY THE CITY COUNCIL: BORTON, CAVENER, BERNT, LITTLE ROBERTS, MILAM, PALMER, A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ACCEPTING THE TRAFFIC BOX ART IMAGE REPOSITORY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 2-2-2(A)(2-4) charges the Meridian Arts Commission ("MAC") with stimulating awareness and appreciation of the importance of publicly accessible art and its benefits to the community, encouraging the growth and preservation of the city's art resources, fosteringing the development of a receptive climate for the arts; and advising the City Council on the aesthetic aspects of works of art to be installed by the City of Meridian; WHEREAS, the City desires that public art will be a component of our community, and to that end, MAC issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for reproduction on vinyl wraps to be installed on traffic signal boxes in Meridian; WHEREAS, on May 18, 2019, MAC reviewed the responses to the Call for Artists, selected artists whose works are appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, and recommends to the Meridian City Council that such works, as depicted in Exhibit B hereto, be included in the Traffic Box Art Image Repository and available for reproduction on vinyl wraps to be installed on traffic signal boxes in Meridian; and WHEREAS, the Mayor and City Council find that the proposed Traffic Box Art Image Repository, as set forth in Exhibit B, will serve the best interest of Meridian's residents, businesses, and traveling public; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the proposed Traffic Box Art Image Repository, attached hereto as Exhibit B, is hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 11th day of June, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 11th day of June, 2019. APPROVED: Mayor Tammy de Weerd RESOLUTION ADOPTING TRAFFIC BOX ART IMAGE REPOSITORY Page 1 RESOLUTION ADOPTING TRAFFIC BOX ART IMAGE REPOSITORY Page 2 Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. Artwork included in the repository may not be selected for a traffic box wrap. A $300 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City’s selected vendor. ELIGIBILITY: The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho’s Treasure Valley, created using any medium, so long as it can be represented in a high-resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to three (3) images for consideration; a maximum of one (1) images per person may be selected for inclusion in the repository. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: •Completed, signed Traffic Box Art Image Repository Application & Acknowledgements form; •One-page letter of intent, including biography of the artist, in .pdf format; and •Up to three (3) digital images of original artwork proposed for inclusion in the digital repository, image file names must include artist’s last name and artwork title. E-mailed submissions may be sent to mac@meridiancity.org: documents must be .PDF and artwork images must be .JPG format. Hard copy materials (printed on 20 lb paper) may be submitted via U.S. Mail or in- person delivery, addressed to: Meridian Arts Commission Attn: Traffic Box Art Digital Repository Proposal 33 East Broadway Avenue Meridian ID 83642 DEADLINE: This call shall be open until 5:00 p.m. on Friday, May 19, 2017. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will jury submissions at its regularly scheduled meetings, as they are received. MAC will notify selectees either by email or letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: •Quality of work; •Appropriateness of subject and concept for a public space; •Consistency with City policy and community values; and •Contribution to aesthetic and cultural atmosphere of the Meridian community. Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to mac@meridiancity.org. EXHIBIT A Meridian City Council Meeting Agenda June 11, 2019 – Page 359 of 396 RESOLUTION ADOPTING TRAFFIC BOX ART IMAGE REPOSITORY Page 3 Application & Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY Applicant: E-mail address: Mailing address: Physical address: Applicant phone: Day: Cell: Image title(s): 1. 2. 3. I hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge and agree that: ____ A. All artwork submitted with this proposal for consideration for inclusion in the digital INITIAL repository is original work that I myself conceived and created in all respects. ____ B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap, INITIAL I will be required to enter into a written agreement with the City of Meridian establishing the specific terms and conditions of such installation. No entitlement will issue or attach prior to negotiation and execution of such agreement. ____ C. Before work represented in the repository may be installed as a vinyl traffic box wrap, I will INITIAL be required to provide the original artwork from which the image was taken. If the original artwork is no longer in my possession, I will advise the Meridian Arts Commission so that the image may be removed from the digital repository as a potential option for installation as a vinyl wrap. ____ D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the INITIAL digital repository, such submission is a public record, subject to the Idaho Public Records Act. ____ E. Artwork included in the digital repository may be removed from the repository, and/or the INITIAL repository may be deleted or discontinued, without notice to the artist. ____ F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously INITIAL ensure that persons of diverse ages and perspectives feel welcome and comfortable in public spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists shall be included in the digital repository. I acknowledge and understand, and submit my proposal subject to, each and all of these terms and conditions. Signature: ________________________________________ Date: ____________________________ Meridian City Council Meeting Agenda June 11, 2019 – Page 360 of 396 2019-2021 Image Repository: TRAFFIC BOX COMMUNITY ART PROJECT Anita Lawson Birds of a Feather Anne Watson Sorensen Meridian of Time (aka Funky Town #10) Ava Gardiner Hopeful Bunny Casey Gurr Comets Inbound Charles Haman Down and Out Deb & Katie Pence Crocus Pocus Brian Schreiner Jumping Trout The images shown here are cropped. To see the full image, please contact 489-0399 or mac@meridiancity.org | 6/3/2019 Gary McCall Idaho Wheat Fields Brittany Bishop Sawtooth Lake EXHIBIT B Meridian City Council Meeting Agenda June 11, 2019 – Page 361 of 396 Holly Badke Allegretto Jay Wilson Angels Gather Julie Edwards Under the Sea Juliette Crichton Henpecked Laura Yager Butterfly Kisses Lisa Bower Reflections Monelle Smith Ensemble Cast Nicole Branham Unicorn Ice Cream The images shown here are cropped. To see the full image, please contact 489-0399 or mac@meridiancity.org | 6/3/2019 Mary Gardiner Night Garden Meridian City Council Meeting Agenda June 11, 2019 – Page 362 of 396 Peggy Akovenko Summer Raeya Wardle The Magic of Reading Randy Lattimer Morning Mountains Rena Vandewater Phoenix Sara Aycock Reigning Cats and Dogs Susan Cooper Summer Dance Tena Rogers Splash Pad The images shown here are cropped. To see the full image, please contact 489-0399 or mac@meridiancity.org | 6/3/2019 Susan Elcox Lima Meridian City Council Meeting Agenda June 11, 2019 – Page 363 of 396 EIDIAN*,----- DAHO CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 3 N Project File Name/Number: Item Title: Resolution No. 19-2147: A Resolution Declaring intent to Convey Certain Real Property to Ada County Highway District. Meeting Notes: Nd I TEM SHEET C ouncil Agenda I tem - 3.N. Presenter: Estimated Time f or P resentation: 1 minute Title of I tem - Resolution No. 19-2147: A Resolution D eclaring Intent to Convey C ertain Real Property to Ada County Highway D istrict AT TAC HM E NT S: Description Type Upload D ate Resolution Resolution 6/6/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 364 of 396 RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY – PAGE 1 OF 4 CITY OF MERIDIAN RESOLUTION NO. 19-2147 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO CONVEY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT OF WAY PURPOSES PORTIONS OF CERTAIN REAL PROPERTY LOCATED ALONG TEN MILE ROAD NORTH OF USTICK: (1) A PARCEL LOCATED IN THE SE ¼ OF SECTION 34, T4N, R1W, ADA COUNTY IDAHO, AND (2) A PARCEL LOCATED IN THE SW ¼ OF SECTION 35, T4N, R1W, BM, ADA COUNTY IDAHO; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE .. WHEREAS , whenever the City Council proposes to convey any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange; and, WHEREAS , the declaration may be in the form of an explanation of an intended exchange or conveyance for other than monetary consideration; and, WHEREAS , when it is determined by the City Council to be in the City’s best interest that a transfer or conveyance be made, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, authorize the transfer or conveyance of any real property owned by the City to any tax supported governmental unit, with or without consideration; and, WHEREAS , pursuant to an Intergovernmental Agreement for waiver of certain costs and fees, Meridian has agreed to transfer unimproved rights-of-way without charge to ACHD; and, WHEREAS , the Ada County Highway District has requested that the City Council of the City of Meridian set a hearing to consider the transfer certain real property from the City to the District for right-of-way purposes; and, WHEREAS , following the declaration of intent, the City Clerk shall publish a summary of the action taken by the City Council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date of the hearing. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Meridian City Council Meeting Agenda June 11, 2019 – Page 365 of 396 Section 1. That it is hereby declared that the City of Meridian intends to convey to the Ada County Highway District certain parcels of real property located on Ten Mile Road as identified and depicted as Parcel 16 and Parcel 18 on the attached Exhibit A-2. Section 2. That the City of Meridian hereby declares its intention to convey the real property without consideration because it is in the City's best interest that the Ada County Highway District take ownership of the property for right-of-way purposes. Section 3. That the City Clerk is hereby instructed to publish a summary for this declaration of intent, and establish a public hearing date to review the proposal to convey the real property in the form set forth in Exhibit A. Section 4. That the City Attorney is hereby instructed to bring forth a proposed Ordinance as required by Idaho Code Section 50-1403 for the consideration of the City Council at the conclusion of the public hearing. Section S. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2019. ADOPTED by the City Council of the City of Meridian, Idaho, this 11th day of June, APPROVED by the Mayor of the City of Meridian, Idaho, this 11th day of June, 2019. APPROVED: Mayor Tammy de Weerd ATTEST: �Qo�P�eo Auc sT� "City ur By:E IDIAN*SEAL r the TRE RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY—PAGE 2 of 4 RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY – PAGE 3 OF 4 EXHIBIT A-1 SUMMARY OF ACTION TAKEN REGARDING INTENT TO CONVEY REAL PROPERTY AND NOTICE OF PUBLIC HEARING SUMMARY OF ACTION TAKEN : On the 11 th day of June, 2019, the City Council of the City of Meridian approved Resolution No. 19-2147 declaring the intent of the City to convey to the Ada County Highway District certain real property identified and depicted as Parcel 16 and Parcel 18 on Exhibit A-2 attached hereto, said parcels being located in the City of Meridian, Ada County, Idaho. The City of Meridian intends to convey the real property without consideration because it is in the City’s best interest that the Ada County Highway District take ownership of the property for right-of-way purposes for the North Ten Mile Road project, north of West Ustick Road. 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, July 9, 2019 for the purpose of considering and approving the proposed real property conveyance. For further information, including full legal descriptions of the proposed conveyance, please contact the City Clerk’s Office at 888-4433. Publish: 21st day of June, 2019 CHRIS JOHNSON, CITY CLERK Meridian City Council Meeting Agenda June 11, 2019 – Page 367 of 396 RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY – PAGE 4 OF 4 EXHIBIT A-2 Meridian City Council Meeting Agenda June 11, 2019 – Page 368 of 396 CIDIAN*,----- �wlIZ�J CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 3 O Project File Name/Number: Item Title: AP Invoices for Payment - 5-31-2019: $122,544.90 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.O. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 05/31/19 - $122,544.90 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 6/6/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 369 of 396 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 AFLAC May 2019 AFLAC 3,750.29 01 General Fund BERLE STOKES Per Diem:B.Stokes,MultiCities,CA,Background Investigation 329.00 01 General Fund DISCOVERY BENEFITS Flex May 2019 22,786.30 01 General Fund IAFF LOCAL 4627 #4627 Firefighters Dues May 2019 6,577.34 01 General Fund KEYBANK City of Meridian HSA Contributions May 2019 9,056.68 01 General Fund NAGE Local R-14 687 May 2019 28.00 01 General Fund NATIONWIDE RETIREMENT SOLUTIONS, INC May 2019 Pre Tax Contribution 47,583.24 01 General Fund NATIONWIDE RETIREMENT SOLUTIONS, INC May 2019 Roth Contributions 13,513.85 01 General Fund UNITED WAY OF TREASURE VALLEY #17426 May 2019 Contributions 396.59 Total 01 General Fund 104,021.29 60 Enterprise Fund AFLAC May 2019 AFLAC 625.79 60 Enterprise Fund DISCOVERY BENEFITS Flex May 2019 7,609.87 60 Enterprise Fund KEYBANK City of Meridian HSA Contributions May 2019 1,566.69 60 Enterprise Fund NATIONWIDE RETIREMENT SOLUTIONS, INC May 2019 Pre Tax Contribution 6,370.52 60 Enterprise Fund NATIONWIDE RETIREMENT SOLUTIONS, INC May 2019 Roth Contributions 2,290.74 60 Enterprise Fund UNITED WAY OF TREASURE VALLEY #17426 May 2019 Contributions 60.00 Total 60 Enterprise Fund 18,523.61 Report Total 122,544.90 Date: 5/31/19 11:02:34 AM Page: 1Meridian City Council Meeting Agenda June 11, 2019 – Page 370 of 396 E IDIAIZNC-- DAHJ CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 3 P Project File Name/Number: Item Title: AP Invoices for Payment - 6-6-2019: $1,000,619.92 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.P. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 06/06/19 - $1,000,619.92 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 6/6/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 371 of 396 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 ADA COUNTY HIGHWAY DISTRICT ACHD Impact Fees May 2019 935,133.20 01 General Fund CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash June 2019 270.66 01 General Fund DMH ENTERPRISES 19-0133: May19 Plumbing Plan Review and Inspection Services 42,915.59 01 General Fund GREG KORTAN Per Diem:G.Kortan,Student Threat Assmt & Intervention Train 137.50 01 General Fund JACKSON CODE CONSULTANTS, INC 19-0134 Fire Plan Review and Inspection Services May 2019 21,232.96 01 General Fund SHANNON GARZA Per Diem:S.Garza,Student Threat Assmt & Intervention Resp Tr 137.50 01 General Fund SLHS SERVICE AREA Pre Employment Testing for Ferronato, Robson, Overton, Aja 311.00 01 General Fund SLHS SERVICE AREA Pre-Employment Testing for G.Lloyd 56.00 Total 01 General Fund 1,000,194.41 60 Enterprise Fund CITY OF MERIDIAN PETTY CASH Cash Box for Poop Scoot 2019 324.00 60 Enterprise Fund CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash June 2019 101.51 Total 60 Enterprise Fund 425.51 Report Total 1,000,619.92 Date: 6/6/19 11:13:17 AM Page: 1Meridian City Council Meeting Agenda June 11, 2019 – Page 372 of 396 EIDIAN*,---- �J CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 3 Q Project File Name/Number: Item Title: AP Invoices for Payment - 6-12-2019: $509,032.99 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.Q. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 06/12/19 - $509,032.99 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 6/6/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 373 of 396 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 ABIGAIL ELAINE STEED West Ada Art Show Framed 2019 Best in 3D, 'Duck No. 37' 50.00 01 General Fund ADORAMA, INC Cleaning Cloths for CSO Camera Lenses 10.75 01 General Fund ADORAMA, INC UV Filters for CSO Cameras 17.00 01 General Fund ADVANCED LOCK & KEY, LLC Duplicate Key for Unit # 80 60.00 01 General Fund ADVANCED LOCK & KEY, LLC Duplicate Key for Unit # 82 60.00 01 General Fund ADVANCED LOCK & KEY, LLC Duplicate Key for Unit # 83 60.00 01 General Fund ARLENCO DISTRIBUTION, INC Kleiner Park playground security camera 135.58 01 General Fund ARROWHEAD FORENSIC PRODUCTS Evidence Equipment 23.70 01 General Fund AT&T MOBILITY LLC ATT First Net invoice 04/22 - 5/20/19 3,133.47 01 General Fund AXON ENTERPRISE INC Batteries for Cameras 135.00 01 General Fund BOBS QUADS Settlers Park Kawasaki mule #5 repair 99.00 01 General Fund BOISE VAL ECONOMIC PARTNERSHIP BVEP Dues 4/1/19-9/30/19 5,000.00 01 General Fund BRADY INDUSTRIES, LLC.220/ Cleaner, linens, towels 71.05 01 General Fund BRADY INDUSTRIES, LLC.220/ Dish detergent 69.09 01 General Fund BRADY INDUSTRIES, LLC.220/ Kitchen paper towels, Station 3 76.29 01 General Fund BRADY INDUSTRIES, LLC.220/ Truck wash & janitorial supplies 354.19 01 General Fund BRIGHT IDEAS LIGHTING COMPANY Hillsdale Park antenna install for sprinkler clock 80.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY occupancy sensor for Gordon Harris Park 185.00 01 General Fund BROWNELLS Impact Team Equipment 253.85 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Air Filter for Unit # 164 74.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC MAF Sensor for Unit # 143 294.84 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC New Tail Light For Vehicle LIC#C13197 15.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC oil change for fleet truck 17- license C17289 60.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Transmission Svc for Unit # 164 107.96 01 General Fund BRYANT IDEAS SWAG items for Crime Prevention Unit (give a ways)150.00 01 General Fund CABLE ONE 220/ Digital device rental, Station #4 June 2019 5.78 01 General Fund Campbell Tractor Co.grease gun tip tool x 1; v-belt for 997 mower #15 x 1 132.23 01 General Fund CHALLENGER DEVELOPMENT INC Refund:Common Area Landscape Review Fees Project in Boise 9,712.50 01 General Fund CINTAS leather gloves & clear safety glasses - qty 13 167.03 01 General Fund CITY OF BOISE ATTORNEYS OFFICE 19-0065 Prosecutor & Criminal Legal ServicesFY19-June2019 35,970.59 01 General Fund CLAYTON'S CALCIUM, INC.ball field chaulk - qty 4,000 480.00 01 General Fund COMMERCIAL TIRE 220/flat repair, T-31, MF021 73.00 01 General Fund CRAIG HOOD Per Diem: C Hood Making Cities Livable Conf 363.00 01 General Fund CUSTOM GLASS, INC.Meeting to Discuss Proposed Work to be done at PD 187.50 01 General Fund D & B SUPPLY 220/ Circular saw repair 53.49 01 General Fund D & B SUPPLY 220/ Wildland boots, PPE, Williams 305.99 01 General Fund D & B SUPPLY backpack sprayers for Discovery Park - qty 3 359.85 Date: 6/6/19 12:03:04 PM Page: 1Meridian City Council Meeting Agenda June 11, 2019 – Page 374 of 396 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 D & B SUPPLY Fuller Park trailer hitch - qty 1 29.99 01 General Fund D & B SUPPLY gas can funnel for Lanark Parks Shop - qty 1 9.99 01 General Fund D & B SUPPLY turbine drip oil for Fuller Park well pump - qty 1 51.99 01 General Fund DALE BOLTHOUSE Mileage Reimbursement: D.Bolthouse,Director's Retreat 22.80 01 General Fund ECONOBOX Cardboard Boxes Qty.155 276.20 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO credit on lights for Storey Park maintenance shop - qty 2 (15.16) 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO wall anchors for Fuller park restroom mirror install x 1 kit 13.44 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. 2 PA Mics & Relocate for Unit # 157 219.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. CradlePoint Installation for Veh # 16 322.00 01 General Fund FASTENAL COMPANY 220/Threadlocker, E-36 11.44 01 General Fund FASTENAL COMPANY caps for fence bolts at Storey Park - qty 200 11.88 01 General Fund FERGUSON ENTERPRISES INC.Hot Water Filters and Tank Replacements 832.34 01 General Fund FIRE SENTRY SYSTEMS 220/10 replacement smoke detectors for St. 3 704.00 01 General Fund FLAGPOLE FARM 5 foot flag lanyard for Heroes Park 100.00 01 General Fund FLAGPOLE FARM US flags for Heroes Park - qty 3 285.00 01 General Fund FOREMOST PROMOTIONS SWAG Magnets fwith Contact Info 553.94 01 General Fund G & R AG PRODUCTS INC Smithco sprayer parts - qty 331.5 852.81 01 General Fund G & R AG PRODUCTS INC spray skid parts - qty 6 28.02 01 General Fund GEM STATE PAPER & SUPPLY CO PO 19-0017 Janitorial Supplies Soft Linen Air Freshner 282.96 01 General Fund GOSNEY MANAGEMENT, LLC.instructor fee - Spring Watercolors 5/2-5/23/19 - qty 8 480.00 01 General Fund H.D. FOWLER COMPANY 5004 pc sprinklers for Bear Creek Park - qty 20 165.20 01 General Fund H.D. FOWLER COMPANY credit on irrigation parts for shop inventory - qty 12 (179.40) 01 General Fund H.D. FOWLER COMPANY downtown irrigation parts - qty 275 132.00 01 General Fund H.D. FOWLER COMPANY irrigation fittings for Heroes Park -q ty 151 33.54 01 General Fund H.D. FOWLER COMPANY PVC cap primer & cement for Discovery Park - qty 3 70.92 01 General Fund HASTY AWARDS 2019 Summer Fun Softball Tournament Awards Qty.12 195.66 01 General Fund HOME DEPOT CREDIT SERVICES 220/ Bldg maintenance, wood filler, sandpaper 26.91 01 General Fund HOME DEPOT CREDIT SERVICES 220/ Cable cutters (3) equipment 53.91 01 General Fund HOME DEPOT CREDIT SERVICES 220/ Tap in screws, shop supplies 60.40 01 General Fund HOME DEPOT CREDIT SERVICES 220/ Wood cut up for door chocks, Smoke alarms (3)47.57 01 General Fund HOME DEPOT CREDIT SERVICES 220/2 cotter pins for Come-Along repair 1.44 01 General Fund HOME DEPOT CREDIT SERVICES trellis for downtown - qty 8 71.33 01 General Fund HORIZON DISTRIBUTORS INC weed eater trim line - qty 3 159.30 01 General Fund IACP IACP Annual Dues Online Resource Access 07/09/19-07/08/20 1,225.00 01 General Fund IDAHO ELECTRIC SIGNS, INC 220/Repair outside sign @ St. 1 500.00 Date: 6/6/19 12:03:04 PM Page: 2Meridian City Council Meeting Agenda June 11, 2019 – Page 375 of 396 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 HUMANE SOCIETY 19-0176 Idaho Humane Society - Animal Control Svcs June 2019 32,555.00 01 General Fund IDAHO POWER Fire Department Power - May 2019 2,075.99 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice 475.62 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice; Impact Fees 74.74 01 General Fund IDAHO STATE POLICE Background/Employment Testing 665.00 01 General Fund IIMC App for Certification for C.Johnson IIMC CMC Program 2019 125.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange 5/23/19 250.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange 5/7/19 250.00 01 General Fund INTERMOUNTAIN GAS 09816230008 May 2019 2,338.05 01 General Fund INTERNATIONAL CODE COUNCIL Code Books for Building Inspectors 131.45 01 General Fund INTERSTATE ALL BATTERY CENTER battery for Kleiner Park Exmark 48 mower - qty 1 44.40 01 General Fund INTERSTATE ALL BATTERY CENTER credit on battery for Settlers John Deere 1445 mower #7 (116.75) 01 General Fund INTERSTATE ALL BATTERY CENTER replacement battery for John Deere 1445 mower #7 at Settlers 116.75 01 General Fund INTERSTATE ELECTRIC SUPPLY 220/ Cord reel cap, Station 1, Bldg. Mntc.7.50 01 General Fund INTN'L SOCIETY of ARBORICULTUR ISA member dues for E Huff 7/1/19-6/30/20 185.00 01 General Fund JAYKER WHOLESALE NURSERY carpet roses for Reta Huskey Park - qty 16 479.20 01 General Fund JOE BONGIORNO PerDiem:J.Bongiorno,NFA Course,Emmitsburg,MD,06/16-21/19 335.50 01 General Fund KC TOOL SUPPLY CO.drill repair 15.00 01 General Fund KENDALL FORD OF MERIDIAN 220/replace pillar grab handle, multi pt inspect MF027 191.39 01 General Fund KNOX COMPANY 220/Repalcement knox key box for E34, MF045 1,045.00 01 General Fund L.N. CURTIS AND SONS 19-0174 220/Structure boot, size 9.5 800.18 01 General Fund L.N. CURTIS AND SONS 19-0174 220/ size 8 structure boots 405.94 01 General Fund L.N. CURTIS AND SONS 19-0174 220/1 pr size 11M Structure boots 405.94 01 General Fund L.N. CURTIS AND SONS 19-0239 220/2.5 nozzle adapters, qty 3 77.94 01 General Fund L.N. CURTIS AND SONS 19-0239 220/firefighting foam, LED lights, gated wye valve 2,856.39 01 General Fund LAERDAL MEDICAL CORP 220/ Battery & charger kit for suction cups, medical 457.95 01 General Fund LAURIE MCELROY instructor fee - Yoga 3/16-5/18/19 - qty 8 320.00 01 General Fund LAURIE MCELROY instructor fee - Yoga 3/16-5/23/19 - qty 67 3,064.00 01 General Fund LIFELOC TECHNOLOGIES, INC.Mouthpieces for the Lifeloc Breath Tester 244.14 01 General Fund LIFEMED SAFETY, INC 220/ One AED for MPD police car 1,350.00 01 General Fund LS REFEREEING 19-0050 basketball officials 5/13-5/17/19 - qty 9 teams 562.50 01 General Fund M.D. WILLIS, INC.Court Reporting Svcs May 2019 2,892.00 01 General Fund MARATHON PRINTER SERVICES LLC LJ 5550 printer diagnostic service-ComDev printer 85.00 01 General Fund METROQUIP, INC.intake hose for trash pump at Discovery Park 117.89 Date: 6/6/19 12:03:04 PM Page: 3Meridian City Council Meeting Agenda June 11, 2019 – Page 376 of 396 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 MINUTEMAN, INC.unlock restrooms at Storey Bark Park 991.00 01 General Fund MOTIONS DANCE STUDIO instructor fee - Ballet, Tap, Jazz 5/6-5/20/19 - qty 14 360.00 01 General Fund MOTIONS DANCE STUDIO instructor fee-CapoeiraTumbleFlipTwist 4/8-5/17/19 x 74 2,588.00 01 General Fund MOTOROLA Batteries for XTS 2500 Portable Radios 817.60 01 General Fund MOTOROLA Current Version of Motorola APX Radio S/W for Programming 299.00 01 General Fund MOTOROLA Current Version of Motorola XTL & XTS Radio S/W 384.00 01 General Fund MUNICIPAL EMERGENCY SVCS 19-0175 220/ 20 yellow hood shrouds, PPE 659.80 01 General Fund NATIONAL ASSOC OF SCHOOL RESOURCE OFFICERS, INC. Training Registration J.Pele SRO Course, Boise 495.00 01 General Fund NOTHWEST SAFETY CLEAN 220/ Turnout repair 262.48 01 General Fund O'REILLY AUTO PARTS silicone for Hillsdale Park splash pad - qty 2 27.98 01 General Fund OFFICE DEPOT, INC.220/ Box of envelopes (1)11.44 01 General Fund OFFICE DEPOT, INC.220/ Paper, document covers 67.45 01 General Fund OFFICE DEPOT, INC.Office Supplies 91.70 01 General Fund OFFICE DEPOT, INC.Tootsie Rolls for Counter 44.64 01 General Fund OFFICE DEPOT, INC.USB - qty 1 pkg 47.29 01 General Fund OFFICE TEAM 19-0067 w/e 5/17/19 John Hale Records Retention 268.11 01 General Fund OFFICE TEAM 19-0301 Tempy Permit Tech for Bldg Dept. S Kaiser 5/17/19 858.00 01 General Fund OFFICE VALUE - MERIDIAN Credit for Bubble Envelopes Returned - Wrong Size (20.95) 01 General Fund OFFICE VALUE - MERIDIAN Credit for Freight on Floor Savers (5.00) 01 General Fund OFFICE VALUE - MERIDIAN Floor Savers for Lunch Room Chairs - Freight 5.00 01 General Fund OFFICE VALUE - MERIDIAN Floor Savers for PD 7.75 01 General Fund OFFICE VALUE - MERIDIAN Forks,Spoons,Bowls,Plates & Folders, Rpt Covers, Envelopes 642.34 01 General Fund ONE SOURCE INDUSTRIES EMPLOYEE ID BADGES 404.68 01 General Fund OVERHEAD DOOR COMPANY Programmed & Provided Two REmotes for PSTC Gate 74.20 01 General Fund OXARC, INC.220/ Refill medical oxygen cylinders (6)34.34 01 General Fund OXARC, INC.220/ Refill oxygen cylinders (3)22.17 01 General Fund OXARC, INC.Traffic Cones for CSO Trucks 340.88 01 General Fund PACIFIC BACKFLOW LLC backflow repairs at Hillsdale Park 142.50 01 General Fund PAVEMENT SPECIALTIES OF IDAHO, INC asphalt crack fill at 8th Street Park parking lot 605.00 01 General Fund PAVEMENT SPECIALTIES OF IDAHO, INC asphalt crack fill at Champion Park parking lot 482.00 01 General Fund PAVEMENT SPECIALTIES OF IDAHO, INC asphalt crack fill at Chateau Park parking lot 448.50 Date: 6/6/19 12:03:04 PM Page: 4Meridian City Council Meeting Agenda June 11, 2019 – Page 377 of 396 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 PAVEMENT SPECIALTIES OF IDAHO, INC asphalt crack fill at Gordon Harris Park parking lot 525.00 01 General Fund PAVEMENT SPECIALTIES OF IDAHO, INC asphalt crack fill at Renaissance Park parking lot 525.00 01 General Fund PAVEMENT SPECIALTIES OF IDAHO, INC asphalt crack fill at Seasons Park parking lot 448.50 01 General Fund PLATT ELECTRIC SUPPLY Bulbs for Elevator 17.22 01 General Fund PRECISION AUTOMATION SYSTEMS Storey Park flow meter battery pack - qty 1 111.41 01 General Fund PRECISION PUMPING SYSTEMS check valve & butterfly valve for Storey Park - qty 2 353.82 01 General Fund PRO FORCE LAW ENFORCEMENT Uniform Holster 93.04 01 General Fund RESERVE ACCOUNT POSTAGE USE, May 2019 1,341.85 01 General Fund RICOH USA, INC C86172112 Lease 6/2019 & Addtl images for 5/2019 Records 209.85 01 General Fund RICOH USA, INC C86172150 Lease 6/2019 & Addtl Images Patrol 5/2019 618.77 01 General Fund RICOH USA, INC C86172157 Lease 6/2019 & Addtl Images 5/2019 for CID 548.01 01 General Fund RICOH USA, INC C86172509 Lease 6/2019 & Addtl Images 5/2019 for CODE 121.28 01 General Fund RICOH USA, INC C86173707 Monthly lease 6/1-30/19 plus addt'l pages 601.72 01 General Fund ROBERT SIMISON Reimbursement:R.Simison,Smith's Ferry,ID,Dir.Retreat 22.80 01 General Fund ROBERTSON SUPPLY, INC.Hot water dispenser tank 277.45 01 General Fund RODDA PAINT COMPANY paint for Kleiner Park picnic tables - qty 5 gallons 199.25 01 General Fund SALT LAKE WHOLESALE SPORTS Duty Firearms 850.00 01 General Fund SHANNON MEYER, PHD CIT Training at Boise PD, 05/16/19 833.00 01 General Fund SHRED-IT USA, LLC.220/ Paper shredding Stations 1-5 175.70 01 General Fund SIGNS, ETC 220/ Restroom signs, all stations 96.00 01 General Fund SILVER CREEK SUPPLY irrigation fittings for shop inventory - qty 40 438.36 01 General Fund SILVER CREEK SUPPLY irrigation parts & supplies for shop inventory - qty 2,089 1,603.01 01 General Fund SILVER CREEK SUPPLY sprinkler nozzles for Kleiner flowers & tree grates x 100 57.20 01 General Fund SILVER CREEK SUPPLY sprinklers for shop inventory - qty 163 2,540.98 01 General Fund SILVER CREEK SUPPLY valve boxes & lids for shop & Keith Bird Legacy Park x 15 521.82 01 General Fund SPECIALTY PLASTICS & FAB, INC parts for Kleiner Park splash pad repair - qty 23 92.93 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Fabricate metal bracket for cord reel, St. 1 408.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF014, replace speedlay gauge, replace discharge gauge, 8,485.21 Date: 6/6/19 12:03:04 PM Page: 5Meridian City Council Meeting Agenda June 11, 2019 – Page 378 of 396 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 STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF022, replace batteries, clean terminals 550.86 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF029, install new wire connections on pump motor 114.75 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF037, Prev Mtnc 755.37 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF040, replace lowbeam headlight, SRC Heater system fail 599.24 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF041, Powerwash engine, headlight ballast 946.04 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF045, broken marker lights, rear door window, MFD045 783.14 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Prev Mtnc Oil Change MF045 1,273.86 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Prev Mtnc Oil Change, MF041 1,161.90 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Repair MF037, water in gear oil, front intake swiv stuck 288.14 01 General Fund SWANK MOTION PICTURES, INC.Mary Poppins Returns & A Dog's Way Home movie night licenses 1,438.00 01 General Fund SYNCB/AMAZON Keyboard & Mouse for Shandy Lam 49.99 01 General Fund SYNCB/AMAZON Mousse pad, Keyboard, Notebooks. Plan Review 139.45 01 General Fund TATES RENTS (GENERAL OFFICE)weed burner for field maintenance for tourney 5/25-5/28/19 27.79 01 General Fund THE UPS STORE 220/ Send in turn outs for repair 42.10 01 General Fund THE UPS STORE Postage to Mail Taser to Axon for Repair 11.92 01 General Fund THE UPS STORE Postage to Send Evidence to Lab 221.97 01 General Fund TWO OCEAN PRINT summer camp shirts - qty 75 568.50 01 General Fund ULTRA TOUCH CAR WASH Basic Car Wash Veh #10 C21128 12.70 01 General Fund ULTRA TOUCH CAR WASH Basic Car Wash Veh #13 C21268 12.70 01 General Fund ULTRA TOUCH CAR WASH Basic Car Wash Veh #9 C21132 12.70 01 General Fund ULTRA TOUCH CAR WASH Car Wash; PD#3248, BLDG#4 28.80 01 General Fund UNIFORMS 2 GEAR Attinger - Shorter Jacket 303.50 01 General Fund UNIFORMS 2 GEAR Erickson SWAT Pants Replacement Damaged on Duty 65.98 01 General Fund UNIFORMS 2 GEAR Sample Polos for CSO Uniform (Credit coming)260.05 01 General Fund UNION PACIFIC RAILROAD CO 19-0023 Monthly Rent of South Parking Lot June 2019 1,864.16 01 General Fund UNITED SITE SERVICES INC Homecourt Equip Rental; Port Toilets 05/13/19-06/10/19 622.06 01 General Fund UPSON COMPANY 220/roof repair @ Fire Safety Center 450.00 01 General Fund VICTORY GREENS sod for Kleiner Park fishing dock area - qty 340 98.60 Date: 6/6/19 12:03:04 PM Page: 6Meridian City Council Meeting Agenda June 11, 2019 – Page 379 of 396 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 WEIDNER & ASSOCIATES 19-0173 220/24 Fire Helmets Qty. 24 7,008.00 01 General Fund WEIDNER & ASSOCIATES 19-0173 220/24 public safety vests 633.30 01 General Fund WEIDNER & ASSOCIATES 220/ Bauer hose assemble for SCBA repair 57.05 01 General Fund WEX BANK INC #0496-00-332449-8, 5/31/2019_WEX_Bank 38,518.12 01 General Fund WW GRAINGER, INC 220/ Shower curtains (2), Rods (2) - Station #2 70.06 01 General Fund WW GRAINGER, INC 220/ Tarps for incidents (30), 6 per station 452.70 Total 01 General Fund 213,925.39 07 Impact Fund BRIGHT IDEAS LIGHTING COMPANY Discovery Park camera download of construction progress 120.00 07 Impact Fund BSN SPORTS, INC.jox box, home plate, bases for Discovery ball fields x 15 2,253.72 07 Impact Fund ELECTRICAL WHOLESALE SUPPLY CO Discovery Park flow sensor conduit - qty 11 39.28 07 Impact Fund HOME DEPOT CREDIT SERVICES OSB for Discovery Park drain project - qty 10 98.05 07 Impact Fund HOME DEPOT CREDIT SERVICES sales tax reversal reference invoice 4020032 (5.55) 07 Impact Fund MATERIALS TESTING & INSPECTION 19-0254 220/St. 6 Task Order 10770 4-28 to 5-11 1,019.25 07 Impact Fund VICTORY GREENS drain rock for Discovery Park 158.68 07 Impact Fund VICTORY GREENS sales tax reversal reference invoice 480842 (8.98) Total 07 Impact Fund 3,674.45 20 Grant Fund governmental ADA COUNTY HOUSING AUTHORITY Homeownership Assistance CFDA#14.253; M.Aden 10,000.00 20 Grant Fund governmental CRYSTAL CAMPBELL Per Diem:C.Campbell,NCDA,Jacksonville,FL 06/17/19-06/26/19 357.50 Total 20 Grant Fund governmental 10,357.50 60 Enterprise Fund 357 S OUTFIELD WAY TRUST Refund:Wat/Sew/Trash; 357 S. Outfield Way 39.62 60 Enterprise Fund A-1 STAMP & MABEL'S LABELS Stamp Ink Pads; Qty 6 45.00 60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT ACHD Linder Rd-Ustick to McMillian Svc through 5/19/19 84,781.33 60 Enterprise Fund ADAM & LISA MRACHEK Refund:Wat/Sew/Trash; 4725 N. Park Crossing Ave.24.83 60 Enterprise Fund BLACK EAGLE CONSTRUCTION Labor for sewer service repair at 620 W Washington St 6,600.00 60 Enterprise Fund BOISE RIGGING SUPPLY Hoist, Sling, Shackle Spa;Qty 4 323.85 Date: 6/6/19 12:03:04 PM Page: 7Meridian City Council Meeting Agenda June 11, 2019 – Page 380 of 396 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 BOISE RIGGING SUPPLY Lifting slings for IPS (2 qty)600.44 60 Enterprise Fund CENTURYLINK #73380801 WWTP Long Dist 4/23/19 - 5/23/19 0.33 60 Enterprise Fund CHANDRA JO WARD Refund: Wat/Sew/Trash; 2652 E. Clarene Dr.118.75 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY LED 120V & caps (17 qty)228.25 60 Enterprise Fund CUE'S Inc Wheels for CCTV Van 2 camera (6 qty)1,894.27 60 Enterprise Fund D & B SUPPLY Bungee Cords for Hanging Banner/Other needs 4.25 60 Enterprise Fund D & B SUPPLY Bungee Cords for Hanging Banners/Other Needs 8.50 60 Enterprise Fund D & B SUPPLY Cultivators for grounds landscaping (3 qty)44.97 60 Enterprise Fund D & B SUPPLY Roundup Pump, Threadlocker; Qty 4 46.96 60 Enterprise Fund DAVID & STACY BEASON Refund:Wat/Sew/Trash; 2257 E. Mores Trail Dr.309.99 60 Enterprise Fund DOYLE NIXON Refund:Wat/Sew/Trash; 2759 N. Englewood Way 37.47 60 Enterprise Fund ENDRESS + HAUSER, INC Transducers for Well 16 and Well 21; Qty 2 1,097.39 60 Enterprise Fund ENERGY MANAGEMENT CORPORATION Motor to repair pump 8, boiler loop in Lab bldg 276.23 60 Enterprise Fund ENVIRONMENTAL EXPRESS, INC.Disposable watch glass (1 pk)163.59 60 Enterprise Fund ESTATE OF CAROL J KAMPPI Refund:Wat/Sew/Trash; 314 W. Washington St.45.06 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Compliance Testing for Well 16B; PO#19-0330 2,158.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing Compliance Non-Micro, Well 16C;PO#19-0330 2,158.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing Compliance Non-Micro, Well 26;PO#19-0330 2,158.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing UCMR 4, Well 10B;PO#19-0272 520.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing UCMR 4, Well 11;PO#19-0272 520.00 Date: 6/6/19 12:03:04 PM Page: 8Meridian City Council Meeting Agenda June 11, 2019 – Page 381 of 396 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 EUROFINS EATON ANALYTICAL LLC Water Testing UCMR 4, Well 12;PO#19-0272 520.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing UCMR 4, Well 14;PO#19-0272 520.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing UCMR 4, Well 16B & 16C;PO#19-0272 520.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing UCMR 4, Well 17;PO#19-0272 520.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing UCMR 4, Well 19;PO#19-0272 520.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing UCMR 4, Well 20;PO#19-0272 520.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing UCMR 4, Well 21;PO#19-0272 520.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing UCMR 4, Well 22;PO#19-0272 520.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing UCMR 4, Well 24;PO#19-0272 520.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing UCMR 4, Well 27;PO#19-0272 520.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing UCMR 4, Well 9;PO#19-0272 520.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing, UCMR 4, DBP_TOC;PO#19-0272 935.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing, UCMR 4, Well 18;PO#19-0272 520.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing, UCMR 4, Well 25;PO#19-0272 520.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC Water Testing, UCMR 4, Well 26;PO#19-0272 520.00 60 Enterprise Fund FASTENAL COMPANY Nitrile Gloves; Qty 10 51.90 60 Enterprise Fund FASTENAL COMPANY T-Rod, Gloves, Hex Nut, Scrtch Brush, Cup Brush; Qty 314 85.29 60 Enterprise Fund FERGUSON ENTERPRISES INC.3/4in Accu Water Meters; Qty 104; PO#19-0183; WO#88888 13,653.12 60 Enterprise Fund FERGUSON ENTERPRISES INC.Male and Female Adapter 3/4in; Qty 10 27.10 60 Enterprise Fund FERGUSON ENTERPRISES INC.Single and Dual Port MXU's; Qty 123; PO#19-0183;WO#88888 21,679.38 Date: 6/6/19 12:03:04 PM Page: 9Meridian City Council Meeting Agenda June 11, 2019 – Page 382 of 396 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund FERGUSON ENTERPRISES INC.Water Meters 3/4;Qty 160;PO#19-0183;WO#88888 21,004.80 60 Enterprise Fund FISHER SCIENTIFIC Auto sampler tests tubes (1 cs) & glassware detergent (2 qty 281.44 60 Enterprise Fund FISHER SCIENTIFIC pH electrode (1 qty)430.78 60 Enterprise Fund FISHER SCIENTIFIC Potassium sulfate & ascorbic acid (2 qty)248.61 60 Enterprise Fund FISHER SCIENTIFIC Returned broken chlorophylla standard (1 qty)(209.30) 60 Enterprise Fund FISHER SCIENTIFIC Returned pH electrode (1 qty)(426.58) 60 Enterprise Fund GLASS DOCTOR Windshield repair of 2017 Ford Explorer C19993 39.95 60 Enterprise Fund GOBLE SAMPSON ASSOCIATES, INC.Load sure hose (2 qty)464.54 60 Enterprise Fund GOBLE SAMPSON ASSOCIATES, INC.PVP sludge pump drive rod (1 qty)148.30 60 Enterprise Fund HIDDEN SPRINGS PROPERTIES Refund:Wat/Sew/Trash; 2965 NW 10th Ave.96.78 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Sprayer bottles, brass stripping brushes & sawblades (9 qty) 41.98 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Zip ties for shop (1pk)20.41 60 Enterprise Fund IDAHO POWER 2202131047 WWTP Power - May 2019 36,459.73 60 Enterprise Fund IDAHO POWER 2205167097 WWTP Power - Liftstations - May 2019 2,975.78 60 Enterprise Fund INTERMOUNTAIN GAS 09816230008 May 2019 5,189.06 60 Enterprise Fund JOHN & KATHLEEN NICHOLS Refund:Wat/Sew/Trash; 2854 S. Appia Pl 26.53 60 Enterprise Fund JWC ENVIRONMENTAL INC 19-0329 FY19 Funding for WRRF Washer Compactor 30,975.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svcs 4/1-30/19 Hill's CenturyFarm#12-4sheets 1,160.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svcs 4/1-30/19 Kalispell Flex-North Bldg-1sheet 290.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svcs 4/1-30/19 Keep sub offsite sewar-7sheets 2,030.00 Date: 6/6/19 12:03:04 PM Page: 10Meridian City Council Meeting Agenda June 11, 2019 – Page 383 of 396 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 KELLER ASSOCIATES, INC.19-0148 QLPE Svcs 4/1-30/19 Oaks North#2-5 sheets 1,450.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svcs 4/1-30/19 Westbridge Sub#1-4 sheets 1,160.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svcs-4/1-30/19 Movado Greens#2-2 sheets 580.00 60 Enterprise Fund LARRY & STEVE HAUCK Refund:Wat/Sew/Trash; 1057 W. Pine Ave.129.49 60 Enterprise Fund LES SCHWAB TIRE CENTER Replace 2 Front Tires;C19969;WO#257609;Ops Div 529.94 60 Enterprise Fund MATERIALS TESTING & INSPECTION WRRF Capacity Expansion Svcs through 5/11/19 2,835.65 60 Enterprise Fund MICHAEL & CHERYL MOORE Refund:Wat/Sew/Trash; 608 W. Pickford St.82.68 60 Enterprise Fund MILTON & SANDRA HJERMSTAD Refund:Wat/Sew/Trash; 4092 E. Stonebridge Dr.57.58 60 Enterprise Fund MINUTEMAN, INC.Additional key for pretreatment truck C4715-for bed cover 3.15 60 Enterprise Fund MONA FREEMAN & CYNTHIA HICKMAN Refund:Wat/Sew/Trash; 4565 W. Gillette St.135.09 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Charged incorrectly for air hose (16 ft)(202.82) 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Charged incorrectly for air hose (8ft)(101.41) 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Hose & brass ferrule to rebuild mixers 1-4 @ digester 5 346.32 60 Enterprise Fund MURRAYSMITH INC Infiltration and Inflow Monitoring Svc through 4/30/19 957.00 60 Enterprise Fund MURRAYSMITH INC Water and Sewer Main Replacement Constr. Svcs to 04/30/19 761.50 60 Enterprise Fund NATHAN BRYAN Reimbursement:N.Bryan,Safety Boots 1 pair 189.99 60 Enterprise Fund OFFICE DEPOT, INC.Binders - 1/2 inch and 1 inch Qty.12 61.32 60 Enterprise Fund OFFICE DEPOT, INC.Toner Cartridge for Engineering printer 440.23 60 Enterprise Fund OFFICE VALUE - MERIDIAN Clear File Folders, Coffee; Qty 5 63.49 60 Enterprise Fund PLATT ELECTRIC SUPPLY Breaker for stock (1 qty)154.94 Date: 6/6/19 12:03:04 PM Page: 11Meridian City Council Meeting Agenda June 11, 2019 – Page 384 of 396 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 PLATT ELECTRIC SUPPLY Parts to rewire controls to all three centrate pumps (525 qt 122.02 60 Enterprise Fund PLATT ELECTRIC SUPPLY VFD Ethernet Adapter for Well 28, Pump 1; Qty 1; WO#16322 297.60 60 Enterprise Fund POSTNET Backflow Past Due Letters; Batch 1039 582.75 60 Enterprise Fund POWER SYSTEMS WEST Generator Inspection for Well 24; PO#19-0124; WO#252962 235.00 60 Enterprise Fund POWER SYSTEMS WEST Generator Inspection for Well 26; PO#19-0124; WO#252963 235.00 60 Enterprise Fund POWER SYSTEMS WEST Generator Maintenance for Well 21; PO#19-0124; WO#252972 1,922.80 60 Enterprise Fund POWER SYSTEMS WEST Generator Maintenance for Well 23; PO#19-0124; WO#252973 1,069.44 60 Enterprise Fund RESERVE ACCOUNT POSTAGE USE, May 2019 218.10 60 Enterprise Fund ROBERT & SERENA POPE Refund:Wat/Sew/Trash; 3837 S. Arno Ave.74.46 60 Enterprise Fund SIGNS, ETC Public Works Week Banner 115.61 60 Enterprise Fund SPORTSMANS WAREHOUSE Cooler Accessories;Qty 16 201.84 60 Enterprise Fund STAR CRANE & RIGGING Crane service for removal of mixers 1-5 at digester 5 450.00 60 Enterprise Fund STEVE MANECK Expense Report:S.Maneck,Pretx & Pollution Conf,Tacoma,WA 11.00 60 Enterprise Fund SYNCB/AMAZON Hanging cd folders for GIS 34.32 60 Enterprise Fund SYNCB/AMAZON Mouse Pad; MUBS 12.97 60 Enterprise Fund TESTAMERICA Biosolids testing (13 tests) 4/25/19 876.50 60 Enterprise Fund TRACY VOLPI Refund:Wat/Sew/Trash; 1933 N. Blossom Pl 211.19 60 Enterprise Fund USA BLUEBOOK Membrane Replacement Kit, Repl. Salt Bridge; Qty 16 1,320.84 60 Enterprise Fund VALUE HEATING & AIR CONDITION HVAC Replacement @Well 21 6,938.00 60 Enterprise Fund VARGASON LEASING LLC Refund:Wat/Sew/Trash; 704 N. Main St.198.27 Date: 6/6/19 12:03:04 PM Page: 12Meridian City Council Meeting Agenda June 11, 2019 – Page 385 of 396 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 VERIZON FINANCIAL SERVICES, LLC. BELLEVUE Water Modem - Emergency Services 4/24 - 5/23/19 12.61 60 Enterprise Fund WEX BANK INC #0496-00-332449-8, 5/31/2019_WEX_Bank 7,136.51 Total 60 Enterprise Fund 281,075.65 Report Total 509,032.99 Date: 6/6/19 12:03:04 PM Page: 13Meridian City Council Meeting Agenda June 11, 2019 – Page 386 of 396 C�/�E IDIZIANC-- I DAHJ CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 4 A Project File Name/Number: Item Title: COMPASS: Communities in Motion 2040 2.0 Presentation Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 4.A . Presenter: L iisa Itkonen, Caleb Hood Estimated Time f or P resentation: 20 minutes Title of I tem - C O M PAS S : Communities in M otion 2040 2.0 P resentation AT TAC HM E NT S: Description Type Upload D ate Memo to Council Cover Memo 6/4/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 387 of 396 MERIDIAN CITY COUNCIL DATE: JUNE 11, 2019 Topic: Communities in Motion 2040 2.0, Regional Long-Range Transportation Plan for Ada and Canyon Counties Background/Summary: The Community Planning Association of Southwest Idaho (COMPASS) serves as the metropolitan planning organization for Ada and Canyon Counties. As such, it develops a regional long-range transportation plan for the two-county area. The plan must have a minimum 20-year horizon and be updated every four years. The current plan, Communities in Motion 2040 2.0 (CIM 2040 2.0), plans to a horizon year of 2040 and was adopted by the COMPASS Board of Directors in December 2018. It will be updated no later than December 2022. CIM 2040 2.0 is an online plan (http://compassidaho.org/CIM2040-2.0/); each topic addressed in the plan has its own summary web page and corresponding detailed technical documentation. The goal of this plan is to ensure that the Treasure Valley – Ada and Canyon Counties – remains a healthy and economically vibrant region that offers people choices in how and where they live, work, play, and travel. To do that, CIM 2040 2.0 forecasts how the region is expected to grow, anticipates the transportation needs to accommodate that growth, and prioritizes projects to meet those needs. Key aspects of CIM 2040 2.0 include:  A forecasted population of 1.022 million in Ada and Canyon Counties by 2040.  A complete transportation system – one that includes roadways, public transportation, safe places to bike and walk, and infrastructure that supports freight movements.  Focusing federal transportation funding on maintaining the existing transportation system, while strategically addressing other regional priorities as funding becomes available.  $11.8 billion in transportation needs o $6.4 billion of these needs (capital, operations, maintenance, and similar expenses) are funded in the plan. o $5.4 billion, or $235 million per year to 2040, are unfunded, including public transportation (with a commuter rail system), bicycle and pedestrian infrastructure, and improvements on Interstate 84, state highways, and local roadways. COMPASS is working with member agencies to implement the plan and address unfunded needs. More Information: 1) Online plan: http://compassidaho.org/CIM2040-2.0/ 2) For questions, contact Liisa Itkonen at 208/475-2241 or litkonen@compassidaho.org. Meridian City Council Meeting Agenda June 11, 2019 – Page 388 of 396 veld ay jo sawoolno ay; olut lndui nay; paptnoid pue ssaooad 6utuueld ay; 6uunp panlonut ajam fallen ainseall 041 10 s;uaptsaJ moH . '0'Z ObOZ uolpopy u! saq!unwwo3;uawaldw! 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'vans sv •0b0Z uogopy u! sap!unwwo0 — ueld snotnaid ay; o; a;epdn ue s! 0'Z ObOZ uo!;ow u! sa!;!unwwoD 'satldwt aweu ay; sv asay; se yons • suot;sonb lamsue ovSSvdWO:) io'oyepl;somy;nog }o uot;e!oossv 6utuueld [4tunwwo:) ay; ,(q pa;eaao sem — sagunoD uolueD pue epv jo} ueld uot;evodsuei; a6uei-6uol leuot6aj ay; -0'Z 0b0Z uopopy u! sap!unwwo' 1,speau uope;iodsuea; a.in;nf pue ;uaaan-i;aaw o; Aaessaoau We s;uaw;sanui u014e;aodsuea14egM • ';suoi;eu►;sap iag;o pue ')iaonn 'awog uaann;eq anow fag; p►nn nnoH •••a3uei8 a;e 0'Z 0b0Z uo►;ow ui sM4!unwwo:) The goal of Communities in Motion 2040 2.0 is to ensure that the Treasure Valley - Ada and Canyon Counties - remains a healthy and economically vibrant region that offers people choices in how and where they live, work, play, and travel. To do that, this plan forecasts how the region is expected to grow, anticipates the transportation needs to accommodate that growth, identifies funded projects, and prioritizes unfunded transportation needs to be prepared to capitalize on future funding and meet the demands of an ever-growing region. The full plan is available online at http://compassidaho.org/CIM2040-2.0 1.OtiOZ ui sai;uno:) uoAue, pue epy ut an►i p!nn aidoed �Ww nnoH '�P g COMM��C�MESSfnlllV���0CC71LJ�� !I�L2500440 2.0 Funded Transportation Projects (2078-2040) The COMPASS Board of Directors has directed that federal funding allocated through Communities in Motion 2040 2.0 be focused on maintaining the existing transportation system, while strategically addressing regional priorities. In addition to a capital investment of over $1.5 billion for transportation improvements in Communities in Motion 2040 2.0, the region also funds maintenance, operations, and similar expenses, for a total investment of $6.4 billion by the year 2040, including: • Maintenance • Public transportation • Intelligent Transportation System Travel demand management, • Roadway expansion, such as • Bridge rehabilitation and (ITS), such as "smart" traffic signals such as van pool and ride -sharing widening and intersection replacement • Paved pathways resources improvements • Safety projects • Bicycle/pedestrian projects The full list of funded capital projects can be found at http://compassidaho.org/CIM2040-2.0/funded-projects. Regional Unfunded Transportation Priorities Even with the funded improvements, we are left with many unfunded needs. To guide COMPASS efforts in strategically addressing these unfunded needs, unfunded capital projects have been divided into three prioritized lists - state, local, and public transportation system priorities. These lists outline regional transportation funding priorities, should additional monies become available. Prioritized Regional Needs- State Transportation System 1 Interstate 84 (Environmental study from Exit 27 to Exit 29) 2 US 20/26 (Chinden Boulevard) (Widen from Middleton Road to Linder Road) 3 State Highway 44 (Widen from Canyon Lane to Star Road) 4 State Highway 55 (Widen from Pear Lane to Indiana Avenue in the City of 3 Caldwell) 5 State Highway 16 (Construct new expressway from Interstate 84 to State 4 Highway 44; widen from State Highway 44 to the Ada/Gem County Line) 6 US 20/26 (Widen from City of Parma to the City of Caldwell) 7 Interstate 84/Interstate 184 Overpasses • Emerald Street (1-184; widen existing overpass) 5 • Five Mile Road (1-84; widen existing overpass) • Linder Road (1-84; build new overpass) 8 State Highway 55 (Widen from Beacon Light Road to the Ada/Boise 7 County Line) 9 State Highway 45 (Widen from Bowmont Road to Greenhurst Road) Funded (Programming or Planned Widening) Funded at 6 lanes ■ ■ ■ ■ ■ Funded New Construction Unfunded (Primarily Widening) Unfunded InteilegentTransportation Systems Project Unfunded at 6 lanes (US 20/26 Only) ■ Unfunded New Construction and/or Preservation The map above contains roadway projects only; other projects, including public transportation, can be found on online maps. Prioritized Regional Needs - Public Transportation System 1 State Street High Capacity Corridor (includes Bus Rapid Transit and/or other high -frequency bus service) 2 ValleyConnect 2.0*, Intermediate System (Double current fixed -route service, 3 premium corridors, 40 miles of corridor investments, enhanced 3 passenger amenities) 3 Boise Downtown Circulator ("T" route along Idaho Street/Main 4 Street/9thStreet/Capital Boulevard, connects to Boise State University) 4 ValleyConnect 2.0*, Growth System (Quadruple current fixed route service, 5 9 frequent routes, 110 miles of corridor investments, enhanced passenger amenities) 5 2040 Treasure Valley Public Transportation System (includes commuter or light rail and corresponding bus system and amenities) *ValleyConnect 2.0 is Valley Regional Transit's public transportation plan, available at www.valleyregionaltransit.org/projects-plans/valleyconnect-20. Prioritized Regional Needs - Local Transportation System 1 Franklin Road (Widen from Star Road to Black Cat Road; includes curb, gutter, sidewalks, bike lanes) 2 Amity Road (Widen from Southside Boulevard to SH -69 (Meridian Road); includes curb, gutter, sidewalks, bike lanes) 3 Franklin Boulevard (Widen from Birch Lane to US 20/26; includes curb, gutter, sidewalks, bike lanes) 4 Northside Boulevard (Widen from Karcher Road to US 20/26; includes curb, gutter, sidewalks, bike lanes) 5 Happy Valley Road (Widen from Greenhurst Road to Stamm Lane; includes curb, gutter, sidewalks, bike lanes) 6 Middleton Road (Widen from Greenhurst Road in the City of Nampa to State Highway 44 in the City of Middleton and reconstruct 1-84 overpass and river crossing; includes curb, gutter, sidewalks, bike lanes) 7 Ustick Road (Widen from Montana Avenue to Ten Mile Road; includes curb, gutter, sidewalks, bike lanes) 8 Midland Boulevard (Widen from Cherry Lane to US 20/26; includes curb, gutter, sidewalks, bike lanes) 9 Cherry Lane/Fairview Avenue (Widen from Middleton Road to Black Cat Road; includes curb, gutter, sidewalks, bike lanes) 10 Lake Hazel Road/Greenhurst Road (Widen Greenhurst Road from Middleton Road to 12th Avenue and from Southside Boulevard to Happy Valley Road. Construct a new road from Happy Valley Road to McDermott Road, including a railroad overpass. Widen Lake Hazel Road from McDermott Road to Black Cat Road) 11 State Highway 45 reroute (City of Nampa -7th Street South to Interstate 84; realign and expand capacity) 12 North/South Kuna Corridor (railroad crossing in the City of Kuna) 13 Star/Robinson Road (Widen from Greenhurst Road to Ustick Road) 14 Idaho Center Boulevard (Widen Achievement Drive to Cherry Lane; includes curb, gutter, sidewalks, bike lanes) 15 Caldwell -Nampa Boulevard Integrated Corridor Mobility Project (Strategies to optimize safe, efficient, and reliable use for all modes) 16 Kuna-Mora Road to Bowmont Road connection (Rebuild existing road and extend to connect; includes curb, gutter, sidewalks, bike lanes) 17 Three Cities River Crossing (preserve land for a future project: bridge over the Boise River east of the City of Eagle) Additional Unprioritized Needs - Local Transportation System Emerald Street (Widen from Five Mile Road to Cole Road; includes curb, gutter, sidewalks, bike lanes) Five Mile Road (Widen from Amity Road to Victory Road and from Ustick Road to McMillan Road; includes curb, gutter, sidewalks, bike lanes) Maple Grove (Widen from Lake Hazel Road to Amity Road and from Fairview Avenue to McMillan Road; includes curb, gutter, sidewalks, bike lanes) McMillan Road (Widen from Meridian Road to Locust Grove Road; includes curb, gutter, sidewalks, bike lanes) Overland Road (Widen from Five Mile Road to Maple Grove Road; includes curb, gutter, sidewalks, bike lanes) Victory Road (Widen from Five Mile Road to Maple Grove Road; includes curb, gutter, sidewalks, bike lanes) EIDIANDAHO C-- CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 5 A Project File Name/Number: Item Title: Parks and Recreation Department: FY2019 Net -Zero Budget Amendment for Volunteer Ambassador Utility Vehicle Batteries Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.A . Presenter: Estimated Time f or P resentation: Title of I tem - Parks and Recr eation Department: F Y 2019 Net-Zero B udget Amendment for Volunteer Ambassador Utility Vehicle B atteries (Action Item) AT TAC HM E NT S: Description Type Upload D ate B udget A mendment Cover Memo 5/24/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 389 of 396 O d G fD 7 C N v 0 0) o' N O O 0 r D m 3 O. m rD m C m H r+ LrA 4t r! O O O O O O O O O O O O O N CDT In Ln In In Ln w w W V1 Ln In In In N N N N N N N N N N N N N O O O O O O O O O O O O O W +OmvoII3xnI^ O V O O O O O O O O O O O O O n °O -a 3 .ter v rD N A O 0 O 0 0 NANW3n 0 0 VNOAFNt�Qo-1� w0 fw9 INAFNotn, rD o 0 0 O b CDT ik +OmvoII3xnI^ o b CDT ik +OmvoII3xnI^ °O ooN xG03 OO lfW AOQO OOOO OOOOO m*vTCO Boml D< v D'oD mo E O 0RLC3 0 O (D mmCD < O Q O p mzi fD O CD ry 2.O m DCmCZ h (D ro -O-0" + w w l 3 s O fD (D --%33 z z z 27 3N1 3 3 n O o (D 0 3s,CL 0- 3 El Myn OO rA p 1 � ik +OmvoII3xnI^ °O Meridian City Council Meeting Agenda June 11, 2019 – Page 391 of 396 E IDIAN*DAHO_- CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 6 A Project File Name/Number: Item Title: The Compliance Engine, Update on Proposed Fees, Contract and Next Steps Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: Deputy Chief J oe B ongiorno Estimated Time f or P resentation: 8 minutes Title of I tem - T he C ompliance E ngine, Update on P roposed F ees, Contract, and Next S teps Amend ment to exis ting contrac t between the C ity of Meridian and Bryc er, T he C omplianc e Engine S eeking approval to move forward with new fee s ched ule fo r T he C o mp lianc e Engine, 3rd party fire ins p ectio n vendor. AT TAC HM E NT S: Description Type Upload D ate Memo to Council Cover Memo 6/6/2019 F irst A mendment to Agreement A greements / C ontracts 6/6/2019 Meridian City Council Meeting Agenda June 11, 2019 – Page 392 of 396 Meridian Fire Department 33 E. Broadway Avenue, Suite #210 Meridian, ID 83642 Phone 208-888-1234 www.meridiancity.org June 4, 2019 MEMORANDUM TO: Mayor and City Council Members CC: Mark Niemeyer FROM: Meridian Fire Department , Deputy Chief Joe Bongiorno RE: The Compliance Engine, Contract Change HISTORY: This request is a contract amendment for a modification to the fees being charged by Brycer LLC for The Compliance Engine (TCE). In 2012, Meridian and Boise adopted TCE to keep track of the required inspections of sprinkler systems, kitchen hood systems, kitchen hood cleanings, and fire alarm systems. These inspections are performed by private industry, and are tracked and managed by the Fire Department staff. It has been a good private/public partnership to ensure safety in commercial buildings that require these levels of inspections and routine cleaning. Recently Eagle, Star, Middleton, and Kuna have also signed contracts to use The Compliance Engine for similar purpose within their jurisdiction. Nampa and Caldwell are in discussions with Brycer LLC as well. As part of these sign-on’s, and in conjunction with collaboration with Boise Fire, we are requesting an adopted fee of $30, an increase of $15 from the current fee. This contract amendment is to increase the fee to match all fire departments in the valley using the same system to maintain consistency. PARTIAL COST RECOVERY: Meridian will be the last to switch to the new $30 fee. The fee would have $15 going to Brycer plus a 6.5% handling fee, with the balance being paid to MFD quarterly. With the growth of Meridian since 2012, the workload to manage this program and ensure compliance has increased. The quarterly revenue will be used to help offset the salary for the next fire inspector that is scheduled in 2021. This inspector position will be primarily responsible for managing the Fire Department’s responsibility/role in The Compliance Engine. With Meridian’s growth, current staff time (mainly myself) managing TCE has increased three Meridian City Council Meeting Agenda June 11, 2019 – Page 393 of 396 2 fold. The City currently charges “fees” for certain work performed by a department to help offset the cost; we feel this is in-line with current City practice. From Todd Lavoie: Finance has worked with Joe to determine that the $13.05 is an acceptable rate of revenue to collect. Please note that the $13.05 does not cover all the costs associated with performing the TCE operations at the City. We do want to acknowledge that the City will generate about $29k in revenue more than we were collecting for TCE operations before this proposal. NOTIFICATION: Deputy Chief Romeo Gervais (Boise Fire) and I sent letters out to all companies utilizing TCE and we held an open house on 2/12/2019. Only one person came to the open house. On 2/20/2019 we presented to the Idaho Fire Protection Forum group. Over 50 people attended that meeting. We gathered great feedback and made changes to some of the reporting that is required to be submitted to TCE. We combined a few and eliminated a few required reports, lessoning the impact on the inspection companies. We also sent a letter to the Building Owners and Managers Association looking for feedback: none was received. The City Attorney’s Office and Clerk’s Office will assist with adopting the fee pursuant to Idaho Code section 63-1311A. Next steps will include a public hearing on the fee at the June 25 City Council meeting and approval of the agreement with Brycer at that time. Please contact me if you have further questions. Deputy Chief Joe Bongiorno Meridian City Council Meeting Agenda June 11, 2019 – Page 394 of 396 FIRST AMENDMENT TO AGREEMENT WITH BRYCER , LLC FOR THE COMPLIANCE ENGINE PAGE 1 OF 2 FIRST AMENDMENT TO AGREEMENT WITH BRYCER, LLC FOR THE COMPLIANCE ENGINE This FIRST AMENDMENT TO AGREEMENT WITH BRYCER, LLC FOR THE COMPLIANCE ENGINE (“First Amendment”) is made and entered into this ___ day of June, 2019 (“Effective Date”), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (“City”), on behalf of the Meridian Fire Department (“Client”), and Brycer, LLC, a limited liability corporation organized under the laws of the state of Illinois (“Brycer”). WHEREAS, on March 17, 2015, City and Brycer entered into an Agreement (“March 17, 2015 Agreement”), attached hereto as Exhibit A , establishing the terms and conditions of City’s use of the Compliance Engine; WHEREAS, by Resolution no. 15-1057, attached hereto as Exhibit B , City adopted the Fire Chief’s administrative policy making Compliance Engine the exclusive method for third party (private) inspectors’ reporting of tests and inspections required by the International Fire Code and/or Meridian City Code; WHEREAS, the City Council of the City of Meridian hereby finds that it is necessary for City to charge inspectors using Compliance Engine a fee for such use; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: 1. Section 2 modified. Section 2 of the March 17, 2015 Agreement shall read as follows: 2. Fees: For each use of the Solution by a third party inspector, Brycer will collect from such third-party inspector a fee in the amount of $30.00, which amount is comprised of $13.05 collected on behalf of Client (The Compliance Engine administration fee), and $16.95 collected on behalf of Brycer ($15.00 administration fee, and $1.95 processing fee). Brycer will remit to Client the amount due and owing on a quarterly basis. The amount of the fees collected by Brycer in connection with third party inspectors’ use of the Solution may be amended from time to time by the manner set forth in section 21 of Exhibit A hereto. 2. All other provisions in effect. Except as expressly modified by this First Amendment or other duly executed amendments, all provisions of the March 17, 2015 Agreement shall remain in full force and effect. No other understanding, whether verbal or written, shall be deemed to enlarge, limit or otherwise affect the operation of the March 17, 2015 Agreement or this First Amendment thereto. Meridian City Council Meeting Agenda June 11, 2019 – Page 395 of 396 FIRST AMENDMENT TO AGREEMENT WITH BRYCER , LLC FOR THE COMPLIANCE ENGINE PAGE 2 OF 2 IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers, to be effective on the Effective Date established above. BRYCER: __________________________________ By: _______________________________ Its: _______________________________ CITY OF MERIDIAN: ______________________________ Attest: Tammy de Weerd, Mayor _________________________________ Chris Johnson, City Clerk Meridian City Council Meeting Agenda June 11, 2019 – Page 396 of 396 E IDIAI DA HO N!-- CITY COUNCIL WORK SESSION AGENDA June 11, 2019 Agenda Item Number: 7 Project File Name/Number: Item Title: Executive Session Per Idaho State Code 74-206 to consider labor contract matters authorized under section 74-206A (i)(j) Meeting Notes: Tn�o Lxer— se-gsloo O �- o� Exec. '9 ; ��