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2019-09-03 Regular
C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, S eptember 3, 2019 at 6:00 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt X Genesis Milam X L uke Cavener Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by D ave D ur on of M er idian F irst B aptist C hurch 4. Adoption of Agenda – Amended as Noted (Item 8-C Added) 5. Announcements 6. P roclamation A. M eridian Art Week 7. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Si gni ng up pri or to the start of the meeti ng is required. This time i s reserved for the public to address their el ected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/devel opment application. By law, no decisi ons can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussi on or action. The Mayor may also direct staff to further assist you in resolvi ng the matter following the meeting. 8. Action I tems Public Hearings for Land Use Applicati ons follow this process: Once the Public Hearing is opened, City staff will present thei r report. Following the report, the applicant is allowed up to 15 minutes to present their application. Members of the public are allowed up to 3 minutes each to address council regarding the application. If a person is representi ng a large group such as a Homeowner's Association, indicated by a show of hands, they may be allowed up to 10 minutes. Followi ng all public testimony, the applicant is then allowed 10 additional minutes to respond to comments. Once the public hearing is closed, no additional testimony will be received. The City Council may move to conti nue the item for addi tional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public heari ng items, unless to break a tie vote. A. P ublic Hearing for E agle C ommons M D A (H-2019-0082) by T he L and G roup, Inc., L ocated at 3085 E. Ustick Rd. - Approved 1. R equest: Modification to an E xisting D evelopment Agreement f or the P urpose of Removing the Subject Property from D A I nstrument #108008770 to be plac ed in a new, separate agreement B. P ublic Hearing for M illbr ae S ubdivision (H-2019-0066) by WHP acific, L ocated at 4888 and 4920 W. C herry L n. – Continued to September 24, 2019 1. R equest: A nnexation and Z oning of 8.79 Acres of L and with an R -8 Zoning District; and 2. R equest: A P reliminary P lat C onsisting of 41 B uilding L ots and 5 C ommon L ots on 8.79 A cres of L and C. [Amended on to Agenda] Approval of B enefits T rust Agr eement - Approved 9. O rdinances A. O rdinance No. 19-1847: An O rdinance O f T he City Of M er idian, Idaho Amending O r dinance No. 18-1790, T he Appropriation O rdinance F or T he F iscal Year B eginning O ctober 1, 2018 And E nding S eptember 30, 2019 (F Y 2019), Appropriating M onies T hat Ar e To B e Allocated B y T he C ity O f M er idian, Idaho In T he S um Of $(10,196,651); And Providing An E ffective D ate. - Approved B. O rdinance No. 19-1849: An O rdinance, P ur suant To Idaho C ode §50-1002 And §50-1003, P r oviding F or A T itle And F indings, P roviding F or T he Adoption O f A B udget And T he Appropr iation O f $120,525,396 To D efray T he Necessary E xpenses And L iabilities O f T he C ity O f M eridian, In Accordance With T he Object And P urposes And I n T he C er tain Amounts Herein S pecified F or T he F iscal Year B eginning O ctober 1, 2019 And Ending On S eptemb er 30, 2020; To L evy All S uch Appropriate Taxes And L evies As Authorized B y L aw Upon Taxable P roperty; And To Collect All Author ized Revenue; To P rovide F or T he Waiving Of T he 2nd And 3rd Readings P ursuant To Idaho C ode §50-902; And P roviding F or An E ffective D ate And T he F iling O f A C er tified Copy O f T his O r dinance With T he S ecr etary O f S tate. - Approved C. O rdinance No. 19-1846A: An Ordinance (H-2018-0130 Razzberry Villas) F or Rezone O f A P ar cel O f L and B eing L ots 1, 2 And 3, Block 6 Of Razzberry C rossing S ubdivision As F iled F or Record In Book 93 O f P lat At P ages 11215 T hru 11217, Records Of Ada County, Idaho, T he West 27.00 F eet O f Nor th B right Angle Avenue Road Right O f Way, And T he North Half O f T he E ast S tar D rive Road Right O f Way Lying In A P or tion Of T he Ne ¼ O f S ection 31, Township 4 North, Range 1 E ast, B oise M eridian, Ada C ounty, Idaho; Rezoning T he L and Use Zoning C lassification F r om R-8 (M edium D ensity Residential) And L -O (L imited O ffice) Zoning Distr icts To R-15 (M edium High D ensity Residential) Zoning D istr ict In T he M er idian C ity C ode; P roviding T hat Copies Of T his O rdinance S hall B e F iled With T he Ada C ounty Assessor, T he Ada County Recor der, And T he Idaho S tate Tax Commission, As Required B y L aw; And P roviding F or A S ummary O f T he O rdinance; And Providing F or A Waiver O f T he Reading Rules; And P r oviding An E ffective D ate. - Approved D. O rdinance No. 19-1848: An O rdinance (H-2018-0109 – E levate F ranklin S torage) F or T he Re-Zone O f A P ar cel O f L and K nown As L ot 1, B lock 1 O f Umbria S ubdivision As filed In Book 101 Of P lats At P ages 13,200 T hrough 13,204, Recor ds O f Ada County, Idaho And A P or tion O f T he S W ¼ O f T he S E ¼ O f S ection 10, Township 3 North, Range 1 West, Boise M eridian, C ity O f M eridian, Ada County Idaho; E stablishing And D eter mining T he L and Use Zoning C lassification O f 3.50 Acres F rom L -O (L imited O ffice) Zoning D istr ict To R-15 (M edium High D ensity Residential) Zoning Distr ict I n T he M eridian City C ode; P roviding T hat C opies Of T his O rdinance S hall B e F iled With T he Ada C ounty Assessor, T he Ada County Recor der, And T he Idaho S tate Tax Commission, As Required B y L aw; And P roviding F or A S ummary O f T he O rdinance; And Providing F or A Waiver O f T he Reading Rules; And P r oviding An E ffective D ate. - Approved E. O rdinance No. 19-1850: An O rdinance Amending M eridian C ity Code As C odified At T itle 11, To M odify the Variance F indings to be Consistent with Idaho Code § 67-6516; And P roviding F or a Waiver of the Reading Rules; And P roviding an E ffective D ate. - Approved 10. F uture M eeting Topics Meeting Adjourned at 7:23 PM Meridian City Council Work Session September 3, 2019. A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, September 3, 2019, by President Joe Borton. Members Present: Joe Borton, Luke Cavener, Ty Palmer, Genesis Milam, Anne Little Roberts and Treg Bernt. Members Absent: Mayor Tammy de Weerd. Also present: Chris Johnson, Bill Nary, Caleb Hood, Sonya Allen, Kevin Holmes, Clint Dolsby, Jeff Brown, Kenny Bowers and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener ____ Mayor Tammy de Weerd Borton: Good evening, everybody. Welcome. Tuesday, September 3rd. It's 6:00'ish. 6:02. We will begin tonight's regular City Council meeting with roll call attendance. Mr. Clerk. Item 2: Pledge of Allegiance Borton: Item No. 2 is the Pledge of Allegiance. If you will, please, rise and join me in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Dave Duron of Meridian First Baptist Church Borton: Item No. 3. Our community invocation will be led tonight by Dave Duron of the Meridian First Baptist Church. Welcome. Come on forward and thanks for joining us tonight and leading us in our invocation. Duron: Let's pray. Heavenly Father, we thank you, Lord, for this opportunity and for this gathering. We thank you for all the years of wisdom demonstrated here and for the servants hearts that are demonstrated within our leadership within our own community here. I pray that you would give them wisdom. May they demonstrate a fear for God and, Lord, we pray that you would preside over these sessions and may we see your will done here and in our city to your glory, in Jesus' name, amen. Item 4: Adoption of Agenda Meridian City Council Meeting Agenda September 10, 2019 – Page 30 of 225 Meridian City Council September 3, 2019 Page 2 of 32 Borton: Thanks, Dave. Appreciate you being here tonight. Item No. 4 is adoption of the agenda. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: We are going to add Item 8-C, approval of a benefit trust agreement. This item was inadvertently left off the agenda at the agenda setting meeting. We did, however, discuss it during our work session and there was a -- I think a motion and a second, if I'm not mistaken, to move that to our agenda tonight at 6:00 o'clock. So, with that I move we adopt the agenda has published. Milam: Second. Borton: It has been moved and seconded to adopt the agenda as amended. If there is no discussion, Mr. Clerk. yea. MOTION CARRIED: ALL AYES. Item 5: Announcements Borton: Announcements. Among everything else this week is Art Week in Meridian, If you don't already know. There are activities every day. The city website has them listed, but there is lots going on, so I'm going to read a couple highlights for you. Meridian Art Drop is going on this week. Art paint and drop at the Angry Easel is -- well, it was noon today. So, hope you made it. Wednesday, the 4th, there is more art paint and drop at the Angry Easel. Make and take art kits at the Happy Hour Homemaker. Thursday is Art Sip at Something Special Antiques downtown for the Meridian Arts Foundation and there is rock painting, chalk art contests. An art walk downtown. Everyday has something packed to help celebrate the Arts in Meridian. So, hopefully, you get a chance to enjoy Art Week and one of the great activities going on throughout the week. Any other announcements from Council? Bernt: Mr. President? Borton: Mr. Bernt. Bernt: Kenny Bowers is in the house. New face. How are you doing, Kenny? Bowers: Thank you. Item 6: Proclamation Meridian City Council Meeting Agenda September 10, 2019 – Page 31 of 225 Meridian City Council September 3, 2019 Page 3 of 32 A. Meridian Art Week Borton: Kenny Bowers. Welcome. Thanks for joining us. Any other announcements from Council? Ralph, we see you in the back. We are glad to see you here as well. Item No. 6 is a proclamation for Meridian Art Week throughout this entire week in Meridian. We have present Hillary -- maybe? Hillary is not here. But Bonnie Griffith, Lynn Smith, Gretchen Caserotti, if you would come forward and I have got a proclamation to read for you. Cavener: Mr. President, while you are walking down I just want to share -- I found an art drop today. I was really, really excited. I was walking into City Hall and I saw this thing in the bush and I'm like, oh, there is some trash in the bushes and I pulled it out and lo and behold it's this nice little picture from the Meridian Art Drop. So, it was a very pleasant surprise. So, what a -- what a great event. Borton: Okay. Sure. So, I'm going to read a proclamation at you, to you, for you for Art Week. So, here we go. Whereas in the City of Meridian public art plays a valuable role in creating a sense of place, beautification of public areas, offers community expression and dialogue and embraces the quality of life for Meridian residents and visitors and whereas having publicly accessible art within the City of Meridian highlights our community's cultural and historical resources and promotes the development of economic, educational, recreational, and tourist opportunities within the city and whereas the arts can be used as a conduit for exchanging ideas, connecting with one another, finding common ground and when accessible to the public can help strengthen Meridian's community and families and whereas we recognize the growth and demand for the arts in Meridian through the Meridian Arts Commission events, Parks and Recreation courses, the Treasure Valley Youth Theater, Meridian Arts Foundation and other local organizations and whereas the City of Meridian is fortunate to have a tremendous group of volunteers who serve on the Meridian Arts Commission for the purpose of advancing the arts within the city through the research and development of opportunities and sources -- and sources for the arts within our community. Therefore, I, Joe Borton, President of the Meridian City Council, on behalf of Mayor Tammy de Weerd and our entire City Council, hereby Proclaim September 3rd through 7th, 2019, as Meridian Art Week throughout the City of Meridian and we all encourage our residents across the valley to participate in Meridian Art Week festivities, including the Meridian Arts Drop and our walk highlighting public art activities in downtown Meridian, dated this 3rd day of September 2019. So, I will present this to you. Griffith: So, I just want to thank the City Council Members for recognizing that the arts are a very important part of our city and community. Thank you so much. And I hope that you have the opportunity to attend some of the art events that are happening. I think they are listed on the website, on Facebook, and as Lucas found, there is -- there is art drops happening all week and so for all of you -- anyway anyone else, please, join in on the festivities. Thank you. Meridian City Council Meeting Agenda September 10, 2019 – Page 32 of 225 Meridian City Council September 3, 2019 Page 4 of 32 Borton: A special thanks goes out to Meridian Arts Commission. Among all of the groups listed they have done a wonderful job working extremely hard trying to promote the arts and arts opportunities in a community. So, thank you, Gretchen, and to the whole commission. Appreciate all that you do. Item 7: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum ) Borton: Item No. 7, future meeting topics public forum. Mr. Clerk? Johnson: Mr. President, Carolyn Vaught is here, if I'm pronouncing that correctly. Vaught: You are. Borton: Okay. Hi, Carolyn. Come on forward. Thanks for being here tonight. Vaught: Thanks for having me. So -- do you want me to tell you what I'm looking to do? Borton: Sure. Vaught: I'm a real estate agent representing a seller on -- located at 1370 West Lake Hazel Road and in several discussions we have tried to figure out how to get this property sold. She's tried to sell it two other times and in communications with Planning and Development here I was told that that property is eventually going to be annexed into the city of Kuna. So, I have been speaking with Kuna and they have it pegged for commercial land, which is probably why she couldn't sell it as high density. So, can I ask you to send a letter from the City of Meridian stating that they would approve the -- the idea of annexing into Kuna, because Kuna is ready for her to go ahead and make that change and there is two other neighbors that are also just on that side of Lake Hazel. So, the north side of Lake Hazel is still Meridian, the south side is Kuna. It's my understanding the eventual plan is that Kuna will go up to Amity. The biggest challenge for the sellers is that they can't get utilities to the property from Meridian, but for Kuna it's directly across the road. So, it makes sense for them to be able to make that move. She's elderly and really needs to sell and it's been really difficult, because of the -- the zoning and obvious -- for all the obvious reasons she can't get the utilities to the property and it's in the future plan. So, that's the goal tonight is to just get a letter stating that Meridian would -- would consider this okay for Alice to make her move and annex into the city, so we could start the application. Borton: So, the part of the process, Carolyn, for the -- for the public forum -- generally we don't -- we gather information and in requests can't make decisions obviously, make -- take action at these, but we can gather the information and provide some direction to you and perhaps to our staff. One of the -- the general principles that's utilized in -- in whether or not an annexation should cross an area of impact line usually turns back to we would look to our staff, Development Services, Public Works to provide us some -- some direction on -- Meridian City Council Meeting Agenda September 10, 2019 – Page 33 of 225 Meridian City Council September 3, 2019 Page 5 of 32 Vaught: Okay. Borton: -- what the unintended consequences might be of something like that is really, you know, property specific. So, that's probably where we would steer you next. Vaught: To go back to Planning and Development. Borton: Correct. For the City of Meridian and our Public Works and that might -- Vaught: So, they sent me here. So, is there an application that I need to file to get this started? So, I just need to know -- Borton: Sure. Vaught: -- what's my next step to get that done. Borton: The application would be an application with the city of Kuna, not with the city of Meridian. But there would be a request for us to provide input and direction as to whether we object to it or have any concerns with it. Mr. Nary, you can help me if I'm -- if I'm summarizing this incorrectly, but that's one of the -- the things that might steer whether we have a concern -- Vaught: Okay. Borton: -- if something's in our area of impact and we have planned for it, made investment decisions in infrastructure is usually why we try to get that feedback. Vaught: I don't remember who I talked to. I have got a note, but I don't have his name here, but he did tell me to contact by e-mail to City Council and schedule time to come in. So, I e-mailed Chris is who I have been working with and so he scheduled me. So, if this is the wrong way to go about it I appreciate your help and just point me in the right direction and I will get it going. Hood: Mr. President, if I can clarify the process a little bit. So, this is the right forum. What we have agreed to with Kuna is that before they will accept an application, if it's in our area of impact, which this property is, they have agreed not to accept or process applications for annex into their city in another city's area of impact without the letter that she's asking for this evening. So, this is in our area of impact. I haven't talked to Public Works about this, but it is in our planning area and our service area and I understand the situation that the potential seller is trying to -- to get out of this property, but we have master plans showing our utilities going through this property and if this goes to Kuna we have got to redo a lot of plans and I'm not trying to speak for Public Works, but this is -- there is some real implications long term to the City of Meridian if we were to let this property go. So, again, we haven't fully analyzed this. I just am looking at the property for the first time, but just to clarify, the city of Kuna would not accept the application to Meridian City Council Meeting Agenda September 10, 2019 – Page 34 of 225 Meridian City Council September 3, 2019 Page 6 of 32 annex, even though by state code it's eligible, because we have this verbal agreement with them recognizing each other's area of city impact. Nary: Mr. President? Mr. President, Members of the Council, so I think the most appropriate at this juncture is because we cannot have a fully vetted conversation about this as it's just a -- a public forum, is to set this off for a week or two, whatever Planning and Public Works need, to at least come back to this Council to give their opinion on what their recommendation to you would be on whether or not we would -- at least the staff would recommend providing the letter they are requesting and, then, that way -- because the only other option I can think of would be actually to apply to amend our area of impact, which is more problematic I think for an individual property owner. So, I think that would be the most logical is to have Planning and have Public Works provide you with at least their opinion as to whether or not this request would be in the best interest of the city and they would support it or whether they would recommend the city not support it. Borton: Mr. Nary, would that be an action item we put on and in a -- in a couple of weeks to decide whether or not to issue that letter? Nary: Yes. I would suggest that, Mr. President, to do that. Vaught: So, what would my follow up be with you? I guess that's my question is what should I -- Borton: Mr. Hood provided some direction. I think you're going to be talking with our Public Works and Development Services. Vaught: Okay. Borton: Answer whatever questions they may have to understand what property this is and take a look at how we might have planned for it and invested to serve that area, so they can make their recommendation to us as to whether or not that letter should be issued. Vaught: Okay. So, I will hear from you or I should contact you back? Borton: I would probably talk to them sooner rather than later. Vaught: Okay. Perfect. Talk to Bill Parsons. Okay. Thank you. Johnson: Mr. President? If I may, just for Council's benefit, I coordinated Ms. Vaught speaking tonight. I wasn't the initial point of contact in Community Development. She worked with them to get direction to contact me to schedule. Borton: Okay. Johnson: Just wanted to clarify. Meridian City Council Meeting Agenda September 10, 2019 – Page 35 of 225 Meridian City Council September 3, 2019 Page 7 of 32 Borton: Thank you for bringing up the issue though. I appreciate it. Vaught: Well, thank you. I just need to know what to do. Borton: Appreciate you bringing it up. Mr. Clerk, anyone else sign up? Johnson: No additional signups. Item 8: Action Items A. Public Hearing for Eagle Commons MDA (H-2019-0082) by The Land Group, Inc., Located at 3085 E. Ustick Rd. 1. Request: Modification to an Existing Development Agreement for the Purpose of Removing the Subject Property from DA Instrument 108008770 to be placed in a new, separate agreement Borton: Okay. That moves us to Item 8, our Action Items. Item 8-A, we will open our public hearing for H-2019-0082 by The Land Group. Sonya, good evening. Allen: Mr. President, Members of the Council. The first application before you tonight is a request for a development agreement modification. This site consists of 3.29 acres of land. It's zoned C-G and is located at the southwest corner of North Eagle Road and East Ustick Road. This property, along with the abutting 11.39 acres of land, was annexed into the city in 2008 and a development agreement was approved that incorporated the entire annexation area, which totaled 15.33 acres of land. The abutting property recently entered into its own development agreement that was under the name of Villasport, leaving only this property subject to the existing development agreement. The Comprehensive Plan future land use map designation for this property is mixed use regional. The applicant is proposing to enter into a new development agreement solely for the subject property, thus terminating the original development agreement, because most of the original DA provisions are no longer applicable to development of this site. The terms of the existing development agreement are included in the staff report and the conceptual development plan previously approved for this site is as shown there on the right. The existing concept plan depicts two retail commercial structures with associated parking. A shared access with the property to the south via Eagle Road as shown on the plan was denied. The proposed concept plan depicts three pad sites, one multi-tenant shops pad with a drive-thru and shared parking. The maximum overall building area proposed is 25,900 square feet and that is conceptual. It -- it could change -- change a little bit. A little wiggle room on that. A concept building elevation was submitted as shown that demonstrates the quality of design proposed for future buildings in the development. Access to the development is proposed via a shared driveway from East Ustick Road recently approved with the Villasport project along the west boundary of the site and a cross-access easement via North Centrepoint Way, North Cajun Lane and East Seville Lane. No public streets are proposed within the development. Staff is recommending a Meridian City Council Meeting Agenda September 10, 2019 – Page 36 of 225 Meridian City Council September 3, 2019 Page 8 of 32 cross-access ingress-egress easement in accord with 11-3A3 of the Unified Development Code is provided to the adjacent properties to the west and south as a provision of the development agreement. Written testimony was received from Tamara Thompson, the applicant, of The Land Group. She is in agreement with the staff report and staff is recommending approval. Staff will stand for any questions. Borton: Thank you, Sonya. Council, any questions? Seeing none, would the applicant like to come forward. Thompson: Mr. President, Members of Council, my name is Tamara Thompson. I'm with The Land Group. 462 East Shore Drive in Eagle. As staff mentioned, we did send in an e-mail today in agreement of the staff report. I have a PowerPoint if you want to see it. A lot of it has what Sonya has here, so I think maybe I can just go over -- I have -- so you can see my thing. So, we -- since the original development agreement -- this property was actually annexed in '03 and, then, it's been through a couple different revisions of modifications to development agreements and with the Villasport and this pad on Eagle Road recently being approved, this has a separate ownership entity on it and the -- the previous development agreement just doesn't make sense anymore for this one. So, we are proposing a -- a new development agreement for this one and -- and we have read the staff report and we are in agreement with staff's recommendation for provisions of the new development agreement and if you have any questions I'm happy to answer those for you. Borton: Okay. Thanks, Tamara. Council, any questions of the applicant? It does not look like there are any. Thank you. This is a public hearing. Mr. Clerk, anybody signed up? Johnson: Mr. President, no one has signed in for this topic. Borton: Okay. Anyone here in the room who hasn't signed up who wishes to provide any testimony, input, comment, questions? Seeing none, Council, any questions? Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I move that we close the public hearing for H-2019-0082. Cavener: Second. Borton: It's been moved and seconded to close Item 8-A. All those in favor say aye. The public hearing is close. MOTION CARRIED: ALL AYES. Borton: What's the Council's pleasure? Meridian City Council Meeting Agenda September 10, 2019 – Page 37 of 225 Meridian City Council September 3, 2019 Page 9 of 32 Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I move that we approve application H-2019-0082 as presented earlier. Milam: Second. Borton: It's been moved and seconded to approve Item 8-A, H-2019-0082. Any discussion? Seeing none, Mr. Clerk. Roll call: yea. MOTION CARRIED: ALL AYES. B. Public Hearing for Millbrae Subdivision (H-2019-0066) by WHPacific, Located at 4888 and 4920 W. Cherry Ln. 1. Request: Annexation and Zoning of 8.79 Acres of Land with an R-8 2. Request: A Preliminary Plat Consisting of 41 Building Lots and 5 Common Lots on 8.79 Acres of Land Borton: Thank you. Item No. 8-B is public hearing H-2019-0066, W.H. Pacific. Kevin, good evening. Thanks for joining us. We will begin this application and public hearing with staff comments. Holmes: Thank you, Mr. President, Members of Council. This is the Millbrae Subdivision application. Before you an annexation and preliminary plat. The site consists of 8.79 acres of land, currently zoned RUT, located at the northwest corner of West Cherry Lane and North Black Cat Road. The current Comprehensive Plan future land use map designation is light density residential. The applicant today is requesting annexation and zoning of 8.79 acres of land with an R-8 zoning district and a preliminary plat consisting of 41 single family residential building lots and five common lots for detached homes at a gross density of 4.7 units per acre. This 4.7 is slightly higher than the three dwellings per acre standard associated with low density residential future land use map designation this property currently has. The applicant is requesting a step-up in density to a medium dense residential designation. The Comprehensive Plan does allow for step-ups in density and the applicant's request meets the required criteria. In addition though the ongoing -- through the ongoing Comprehensive Plan update this property is designated to be changed to a medium dense residential designation with the current draft of the new plan. So, you can see those -- the current future land use map there and the draft future land use map up on your screen. Since the applicant's request is in line with the potential future change and the density fits with the surrounding -- surrounding uses, staff is Meridian City Council Meeting Agenda September 10, 2019 – Page 38 of 225 Meridian City Council September 3, 2019 Page 10 of 32 comfortable with the applicant's step up request. So, currently this property has two single family homes and a number of accessory structures on it. The applicant is proposing to remove one of the homes and the accessory structures and, then, relocate the other to fit on a new lot within the subdivision over on the western edge of this property. Staff has reviewed the new location of this home and it is in compliance with the requested R-8 standards. In response to conditions listed in the staff report the applicant has provided a revised open place -- open space calculation showing 11.9 percent open space, which does exceed the ten percent required by code. Amenities in the subdivision include a children's play structure in this middle common area here. Multi-use pathways along both Black Cat and Cherry Lane, as well as a picnic shelter and seating areas in a little common area. The applicant has also submitted conceptual elevations shown here. So, the Planning and Zoning Commission has recommended approval. In that public hearing we heard from Jane Suggs, who is the applicant's representative, in favor, as well as a Michael Pearson, who is a representative of the church directly to the north of the property. There was none in direct opposition, but William McEwen, who is a property owner directly to the west, did provide both commenting and written testimony, bringing up concerns about increased traffic at the intersection of Black Cat Road and Cherry Lane, potential for the developer and ACHD to possibly work together on improvements and Mr. McEwen was also concerned over the lack of communication from the applicant in regards to how the property would develop and potential stub streets to his property. The issues of discussion by the Commission included the timing of improvements to nearby roads and if there was any potential for ACHD and the applicant to enter into some sort of cooperative development agreement and they also discussed concern over the requested step up in density from light density residential to medium density residential. The potential for fencing around the open irrigation pond located in this north lot here. Also discussed was how access would function off of North Black Cat Road and, then, the future connectivity between the proposed stub street and the existing stub street in the Burlingame Subdivision, which is just to the west of this property going through Mr. McEwen's property. Commission had two changes to the staff recommendations. The first was to add a condition that the applicant work with staff to include safety measures around the irrigation pond. This discussion has taken place with the applicant and they have proposed a four foot vinyl fence around the pond, which matches the existing fencing proposed with the subdivision. The other change per staff recommendations from the Commission was that the applicant work with the property owner to the west, Mr. McEwen, to discuss the location of the stub street to his property. This has happened as well, which has resulted in these changes that you see before you between the original preliminary plat and the revised preliminary plat. So, there is a two outstanding issues for Council right now. The first is the Council approval for the requested step up in the future land use map designation from light density residential to medium dense residential and, then, to -- basically because of this change to the plat here that the applicant has brought before us as a result of discussions with the property owner to the west. There is three items that need to be basically cleaned up in the staff report. These three issues here. We need to replace a reference to Block 2 with Block 1 and, then, staff would like a revised landscape plan to match the revised plat and also incorporate some revised conditions of approval from ACHD and since the Commission hearing staff has received some basic written testimony from correspondence between the applicant and Mr. McEwen, who is Meridian City Council Meeting Agenda September 10, 2019 – Page 39 of 225 Meridian City Council September 3, 2019 Page 11 of 32 the property owner to the west, regarding the relocation of the stub street to his property. Based on that correspondence it looks like they are in agreement. With that staff will stand for any questions. Borton: Thank you. Council, any questions of staff? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: One quick one, Kevin, just for -- if I'm remembering things right. If I recall Council kind of says we are not real excited about entertaining step-ups until the comp plan is finished. My assumption is because the belief is that Council would adopt the change in the map that's why this was able to kind of move forward. Help me understand that piece. Holmes: Council Member Cavener, that's part of it. The -- to give some more context as well, the property to the west -- there is a subdivision here called Burlingame. They also requested a step up and that was probably at least six months or so before this and that step up was granted. So, there is a little more context in the area, but, yeah, that was another piece of the puzzle, too. Borton: Any other questions of staff? Would the applicant like to come forward. Good evening, Jane. Suggs: Good evening, City Council, President Borton. Can you change over to the -- there you go. I'm Jane Suggs. I work at W.H. Pacific. 2141 Airport Way. I'm here representing Millbrae Subdivision and Trilogy Development and Kevin did a pretty good job of explaining what we went through at P&Z, which was a pretty nice hearing. We had quite a few people show up to listen in. I just wanted to say that even though we are annexing into Meridian this kind of feels like an in-fill project, since we are almost completely surrounded already by properties that are within the City of Meridian. So, it almost feels like in-fill. Let's see. Here is a map showing that area in blue. You can see -- and you just saw this with Kevin -- the properties to the north and south are in the city limits and have an L-O zone and the property just to our west -- he talked about Burlingame beyond Mr. McEwen's property that was recently approved, the Burlingame Subdivision, with an R-8 zone. Here is a copy of our old landscape plan. This will be changed prior to final plat to reflect the change in the plat that shows that north street, North Birch Drive, will end and there will be a street between North Birch and Quaker Ridge. Both staff and the P&Z approved the step up in the comp plan and we appreciate that, because of these particular circumstances. We think that that's really appropriate to have the medium density at what we call a hard corner and this is a corner that's on the corner of two arterial streets with only one access allowed by ACHD on Black Cat Road. Our plan is for 40 new homes and one relocated -- relocated home on 8.79 acres with a density of 4.7 dwelling units per acre. We are providing 11 percent of usable open space and that actually does not include the landscaped area around the irrigation pond. It will Meridian City Council Meeting Agenda September 10, 2019 – Page 40 of 225 Meridian City Council September 3, 2019 Page 12 of 32 take up that whole area, so we will have some landscaping around that. We will put a fence around that to keep the little kiddos out. Maybe a bench along the street there, so it can kind of be -- I consider it sort of an amenity, but it's not included in your qualified open space calculation. So, if you included that in the pathways and we even have a little emergency access down there on the southside that will actually serve as a pedestrian path. So, we have quite a bit of open space there. As Kevin suggested or explained, we will have a tot lot playground in that center space and a picnic shelter. Here is a copy of the revised plat. We did e-mail quite often with Mr. McEwen. He had suggested a different -- just a little bit different location for the stub street that goes to the west, but we had to adjust it down a little bit, because we have to meet offsets, so -- you know, between local streets -- on another local street and there needs to be an offset, so when you're coming out of one you're not kind of just south of another street, because it creates confusion. So, we did put that at the location that's approved by ACHD. We do agree with all the conditions of approval and respectfully request you approve our annexation, rezone, and preliminary plat and all the conditions of approval. And I will stand for questions. Borton: Thank you, Jane. Council, any questions of the applicant? Not yet? This is a public hearing. Mr. Clerk, any sign-ups? Johnson: Mr. President, one sign-up. Mr. McEwen has signed in. Borton: Welcome. McEwen: Hello. My name is William McEwen. I'm at 5120 West Cherry Lane. I think I have been mentioned a few times. Kevin, can you flip that back to the Planning and Zoning thing. Keep going. A couple more. It was the one with the -- it was the one with -- that's -- yeah. The one right beside -- Borton: Mr. McEwen? Mr. McEwen, you got to come forward to the mic, because you -- McEwen: I'm sorry. The one right before that. It was a blow up of the one on the left. That's all right. Leave it where it was. I'm trying to get the message across. Borton: Mr. McEwen, is the monitor right in front of you working or is it not working? McEwen: Oh. Oops. Now what happened? I will just go with this. So, I just wanted to point out that it isn't built yet, but we have got Burlingame over there. Down south I see that they are applying for -- I don't know why that keeps moving. Excuse me. Just south there is -- I believe it's a church and they are applying for R-8 as well, which is great, I mean I -- I love to see this town grow. I would like to see it grow properly and I'm not going to stand here and tell you what to do or how to vote, but I'm sure you're very capable of doing that yourselves. I do feel that it is important that I point out a few facts regarding this project. I'm sure that you read the report submitted by ACHD. It's been mentioned a couple of times tonight. This report is extremely -- I believe it's extremely misleading and incomplete. I have made -- made available the e-mail chain between myself and your Jorge Zambrano -- I hope I pronounce that right -- the author of the report confirming the Meridian City Council Meeting Agenda September 10, 2019 – Page 41 of 225 Meridian City Council September 3, 2019 Page 13 of 32 following: There is a variance not mentioned in the report that was given because the entrance of the subdivision is -- is more than a hundred feet too close to the intersection. Okay. Fine. The work on Black Cat and the corresponding intersection is not scheduled within the next five year plan and according Ryan Head, the head planner of ACHD, there will be no plans for the next ten years. So, that subdivision that now has medium density all the way around it, is not going to get improved as it stands. Okay. And this just isn't -- this isn't an issue just with this particular project, but it's an issue when you add all three of them together. The traffic count used for capacity is based on a study done over a year ago and does not account for the subdivision approved by this Council last year for 74 houses, as well as the 41 proposed in this project. This is adding additional housing into the calculations. The intersection would become overcapacity. And I have put that information on the website as well -- or in that -- in the area. During the planning meeting I asked -- I requested a left-hand turn lane due the aforementioned facts. So, why am I concerned about this? I don't live over there. According to the studies done by the Federal Highway Administration, left turn lanes increase approach capability by 25 percent. You're already cutting a hundred feet off of where that ingress-egress is supposed to come from in regard to the intersection. It has me a little bit worried and the Federal Highway Administration has found crashes can be expected to decrease up to 44 percent after installing a left turn lane. Ryan Head is willing to entertain a developer cooperative which will allow the necessary road improvements to be done and paid for out of future assessments that the developers in the area will be paying at the time of development, which means there will be no additional cost to the developer. None. By requiring -- is this thing still working? By requiring a left turn lane the Council will assuredly prevent traffic accidents and probably save lives. So, it's up to you to decide what you want to do. Thank you. Borton: Thank you, Mr. McEwen. Council, any questions? Bernt: Mr. McEwen? Mr. President. Borton: Yes. Bernt: You were -- you were short on time and you were -- you probably expedited your explanation quicker than you would have liked, so just in summary what -- what -- what are you asking of us? McEwen: I would like to see -- I would like to see the developer go to ACHD and talk to them and see if they can't get their funds routed as a left turn -- for a left turn lane in and out of the ingress-egress of that property. So, they have got about 150 feet of turn lane right now, which is a little skimpy. If they were to continue that turn lane on and passed to at least the church parking lot entrance and exit, it would allow people to turn left out of that place and allow the people to turn left and, then, turn into that place without blocking traffic back and forth and they wouldn't be doing a zero to 60 to try and get into the left lane heading north out of that property. It's just a safe, good thing to do and it's going to be awfully hard to a develop and increase the capacity of that intersection right Meridian City Council Meeting Agenda September 10, 2019 – Page 42 of 225 Meridian City Council September 3, 2019 Page 14 of 32 there after the subdivision goes in. It's a safety issue. It doesn't affect me. I never drive over there, but it does concern me quite a bit and it's easily fixable. Borton: Any other follow-up questions? All right. Thank you much. McEwen: Thank you. Borton: Appreciate you being here. Any other sign-ups? Johnson: No additional sign-ups. Borton: Okay. This is a public hearing. Is there anyone here in the audience who wishes to provide testimony and comment on this application? Would the applicant like to come forward and make some final remarks and perhaps answer and address some of the concerns Mr. McEwen had raised and maybe the opportunity with ACHD. Suggs: Yeah. Thank you very much, City Council. Appreciate the opportunity to come up and speak with you again. Jane Suggs, representing the Millbrae Subdivision. The only thing I can provide at this point is that there is a plan for the intersection of Black Cat Road and Cherry Lane. It's listed in the CIP. It will be widened to five lanes on the north leg 2021 to 2025 and that time is -- it's actually pretty high in the CIP. There are about 137 projects listed. This is like number 13. So, it's pretty high on their CIP list of projects. It's not in the five year work plan, which they are currently working on, but it is in the future plan. We are dedicating right of way. So, there will be room for a turn lane if ACHD determines that that is necessary. This is a fairly small subdivision with 41 lots. Of course we would be happy to talk to ACHD. The location of the entrance is actually really the only thing that they would allow us to do. We can't get closer. We can hardly get further away without putting a road right on the property boundary, which is not what people like to see. So, this is an approved access and the only access that's allowable off of Black Cat Road into the subdivision and that's why we have an emergency access on the south side that also serves as a pathway. Eventually with that stub street and with Burlingame and Mr. McEwen, with some plan to develop his property he said in the future, he -- we will have a connection between those two. So, there will be a stub street on both sides of his property that can easily meet up for his development when he -- when that occurs. Again, we have a staff report from ACHD. That little waiver was the only thing that we had to -- and it was a staff level waiver. We didn't have to go to the commission for that, because it was a minor waiver just because of the circumstance of the location of the entrance. I don't really have a whole lot to add, other than, you know, if -- if you require us to go talk to ACHD we will. We will be paying impact fees of course. All of these subdivisions will be paying impact fees to ACHD to -- to actually build those improvements. And I can stand for other questions if you have them. Borton: Thank you, Jane. Cavener: Mr. President? Meridian City Council Meeting Agenda September 10, 2019 – Page 43 of 225 Meridian City Council September 3, 2019 Page 15 of 32 Borton: Mr. Cavener. Cavener: Jane, I appreciate your earlier comments, reference to this as -- almost as an in-fill. I kind of see it that way, too. The questions, though, are -- first I guess around why the desire for the step up in density? That's a piece that I'm -- I'm really struggling to wrap my head around as to the why behind that. Help me understand why that's necessary. Suggs: Like I said before, it's a hard corner, it's really not the location for larger lots, because of how busy that intersection really is. We typically in those intersections -- many times we see commercial uses, because of the access. But, again, one access off of one road doesn't lend itself, unfortunately, to commercial opportunities. We see that all over the -- actually, all over the city. I think I told P&Z, too, I'm working on a piece of property right on State Street that only has one access that's far removed from the next location street and it's just impossible to get that marketed to some kind of commercial use. Again I think with Burlingame being approved with an R-8, the same size lots and the L-O around us, this is the perfect opportunity to get some needed housing into Meridian and also a very good mix. We have some smaller lots. You will see in the -- in the plat. We have a few smaller lots in the middle that are internal to the site. The other lots are located around the perimeter of the site, so -- and we did talk to the staff working on the Comprehensive Plan and they did share with us that that was their intention is that whole area would be re -- redesignated in the new Comprehensive Plan as medium density. The alternative which we would prefer you not do is to defer this until that plan is approved, but it would just seem to be kind of a -- not necessary as we move forward in this process to have this step up to medium density. We are just a little bit below the -- I think it's three to eight whenever you're doing medium density. We are at 4.7, so we are kind of at the lower end of that scale and matching most of the area around it. Is there anything I can add that would convince you? Cavener: I appreciate it. Suggs: Yeah. Borton: Any other questions? I have got one for, Jane. Suggs: Okay. Borton: If I heard it right, the -- the approval for the access to Black Cat, that is much closer to the intersection than normal district policy is that right? Suggs: Yes. It's closer than normal district policy, but given the location of the property and the distance we have to actually work with, that was the location that they could approve on a staff level. It wasn't a big change, so it didn't have to go to commission. Otherwise there would be no way to access the property, which is -- basically they can't do. So, they actually have no access on Cherry Lane to the property. No street access. Only one street access to Black Cat. Meridian City Council Meeting Agenda September 10, 2019 – Page 44 of 225 Meridian City Council September 3, 2019 Page 16 of 32 Borton: And is that -- to some degree that's a byproduct of the -- the sequence at which the annexation is requested. If the property to the west, you know, between Burlingame and this one were developed that would change your options I -- Suggs: Well, we have provided that stub street, so we will always have that option. That option will be there. Again, I don't know -- we haven't seen a development plan for Mr. McEwen. At P&Z he mentioned he wanted to put a Montessori school in the back of this property or somewhere on his property. So, I'm not sure if it will be a subdivision with lots and that will be one of the lots or not. It would be a shame to hold off on -- have all the properties developed around it and waiting for one connection. In fact, people will want to get to Black Cat and, of course, if you look across the street we also have to offset a little bit from this, so you look at these maps from Milliron, so you -- again, you don't -- you have got to have the right offset for the streets across the street. Borton: Certainly. So, in addition to the step up concerns that -- that Councilman Cavener raised -- but that's one of them. That seems to be part of the discussion if -- your hands might be tied somewhat with necessitating Black Cat access so close to the inter -- or to the intersection -- Suggs: Well, if it was -- there was a step up -- if you did get the step up you would still have houses there. You would have the same layout. You would still have the same access. Borton: Right. Suggs: Low density doesn't mean you don't need an access off a Black Cat, so, really, the -- yeah. Borton: I wasn't tying them necessarily -- Suggs: Oh. Okay. I thought you were saying that was sort of Borton: Independent concerns. Suggs: Okay. Right. Borton: There was a step up concern, but independent of that there was a concern over the location of this access to Black Cat, which if an exception to district policy were -- if it was granted there still has that safety concern that was raised and it sounds like Mr. McEwen is suggesting to have a requirement of the developer and ACHD to get this done now. You have indicated you will meet with ACHD. I don't -- I don't know what that actually means. Suggs: I don't either, because I don't think the developer can make ACHD go do something on a piece of property for a potential safety -- a potential safety concern based on the location of a street. No matter -- I mean none of the other -- the church has gone Meridian City Council Meeting Agenda September 10, 2019 – Page 45 of 225 Meridian City Council September 3, 2019 Page 17 of 32 in. There is no left turn lane there. The other properties have gone in just north of us has no left turn lanes to get into a property, so -- I mean I -- I can appreciate the concern, but I don't think there is anything I can do to make ACHD go put in a turn lane. There is -- we will -- we have a right of way. If it becomes a safety issue for sure that's when ACHD would analyze that area and could possibly use impact fees from our property and all the other properties that are in that in-fill area to do something. I think that's how the process works. I don't think there is a way for us with 40 lots to go -- or get -- force ACHD to do anything. Borton: All right. Suggs: Unless you know -- Borton: I would follow up -- if you're willing to meet with ACHD -- Suggs: Yeah. We can -- we can meet with them. I just don't know that -- you know, I don't -- I'm not understanding -- I have been doing this for many years. I haven't been able to force ACHD to go put in a turn lane for a potential problem. Borton: So -- and that -- Suggs: Yeah. Borton: -- it prompted a question of if there is no solution at all -- the comment of we meet with ACHD implied as though it could lead to some solution and if there is no solution, then, it doesn't make much sense -- Suggs: Maybe they have one, but -- Borton: So, is it -- is it -- I hate to belabor the point, but is it your perspective that as to that access and safety issue, that there isn't a concern for safety as we might be led to believe or there is a concern, but you don't have the mechanism to try to address it, because properties developed to the north in -- in Milliron and -- and other off-site characteristics. Suggs: Actually, I have to say that at our analysis we don't believe that there is a safety issue. We believe that that's something -- again, other properties around there haven't had an issue with that. I don't think -- I haven't done -- or the staff report from ACHD did not indicate safety issues there. No traffic -- no traffic accident concerns. I think they do some analysis there. So, I don't particularly see it as a safety issue, but if you want me to go talk to ACHD I will. I'm just -- I'm agreeable to those things, just like P&Z asked us to make -- work with Mr. McEwen to change the location of the stub street, which we were very happy to do. Borton: Council, any other questions? Meridian City Council Meeting Agenda September 10, 2019 – Page 46 of 225 Meridian City Council September 3, 2019 Page 18 of 32 Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I think I would be open to the idea of you speaking with ACHD. I think sometimes policy in this -- in this valley to put the cart before the horse when it comes to roads -- I understand Mr. McEwen's concern. It wouldn't hurt to just sit down with ACHD to see if you can work out something with them to make sure just to verify that that intersection using, you know, numbers, you know, that include the -- the Burlingame Subdivision as well make sense and if there is anything we can do to just ensure there is, you know, pedestrians or -- or automobiles are safe. Suggs: Sure. I will be happy to sit with him if you can make that a condition of approval that I meet with them and respond to staff about the results of that meeting with maybe without a huge expectation that something big is going to happen, but I would be happy to do that. I mean I -- again, I'm not closed to that idea at all. If there is a solution that we can accommodate a potential safety issue, then, I will be more than happy to talk to ACHD about it. I mean we did that -- again, like I said, with the staff from -- P&Z asked us to meet -- work with Mr. McEwen and we responded and kept Kevin informed of all of our back and forth on that. As far as Burlingame goes, their access is actually off of Cherry Lane, so will not be impacted by a turn lane necessarily on Black Cat and I don't think that there was -- again, we have right of way available should there be a need for some additional paving. Borton: Council, any other questions? Palmer: Mr. President? Borton: Mr. Palmer. Palmer: I move we close the public hearing on Item 8-B. Milam: Second. Borton: It's been moved and seconded to close the public hearing on Item 8-B. Any discussion? All those in favor say aye. MOTION CARRIED: ALL AYES. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: I appreciate you being nice about it, but we -- I mean we all know if you were to go to ACHD they would be like why are you here? So, I mean we can make ourselves all feel good, have conversations all day long, but at the end of the day we need to conduct Meridian City Council Meeting Agenda September 10, 2019 – Page 47 of 225 Meridian City Council September 3, 2019 Page 19 of 32 some business and get something done. So, with that I move that we approve H-2019- 0066 as proposed and including the -- the modifications to the provisions that are outlined under the outstanding issues for City Council. Milam: Second. Borton: It's been moved and seconded to approve Item 8-B. Any discussion? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I won't be voting in the affirmative for a couple reasons. While I appreciate -- this is a challenging piece of property. I get that. I don't support the step up -- even if the comp plan comes back and this is zoned medium density, that doesn't mean that I suddenly also support an annexation that comes six months later. We have got a lot of people that we are cramming over in that part of town. We have got schools that are full. If you are going to come with a step up in density I expect a developer to come and be creative. I'm going to take a quote from Council Member Milam that talks about minimum and this just looks like a minimum application to us. Barely exceed open space. I don't see a lot of rich character in these homes. I just -- I fail to see the benefit of our community for this application. So, I'm not supportive of it. I don't think it's the right fit in the right piece of property for Meridian. Palmer: Any other Council discussion? Mr. Bernt. Bernt: Thank you, President Borton. I feel the same way in regard to this application as Council Member Cavener does. I -- I have some concerns. I don't know what the level is of that, I believe it's -- I think that having a discussion -- whether or not something comes to fruition with ACHD I have no idea, but along with that -- along with the concerns that the Council Member Cavener mentioned, I will also not be supportive of this -- this application. Borton: Any other discussion, Council? My concerns, for what it's worth, the step up was the same -- same principle, that I wasn't supportive of. We have given direction not to -- not to go that route. We haven't seen the comp plan come before us, what the new proposed one may be and how it might ultimately get adopted and like my questions on the -- the safety really haven't been resolved. The sequence of annexation somewhat dictates what access opportunities we have or don't have. This one is -- it is somewhat in-fill, I agree, but I have that same concern that the way it is being presented isn't the ideal and -- and could be better and if there was opportunities to come up with something with ACHD prior to an approval I would be more supportive of that. So, it just doesn't appear to be the right time for this right now. Palmer: Mr. President? Meridian City Council Meeting Agenda September 10, 2019 – Page 48 of 225 Meridian City Council September 3, 2019 Page 20 of 32 Borton: Mr. Palmer. Palmer: We are talking about less than nine acres. This property has been eligible for annexation for years. There is four different developments that have surrounded it that have made it eligible for annexation. I mean for -- for less than nine acres I don't know if -- if we are looking to have the Taj Mahal built on it -- I mean they have had a minor adjustment to a variance made to -- to be able to make it according to the road experts a safe road entrance. If we are to not do the step up we are talking about a few homes removed from this less than nine acre development. So, we can, essentially, condemn the value of the property and force it to wait until the property adjacent to it is annexed as the final surrounding piece or we can approve this extremely common sense thing that we have approved literally completely surrounding it as R-8 developments. I don't understand what -- it's just really hard to -- with so many people coming before us and say, boy, you just did this and, yeah, we did, but we might have had a different councilman here that day. Someone might have been missing. It's just so hard to be consistent when we are just all over the board and we tell people, well, let's wait until the new map comes out. Okay. Well, we know what the new map is proposed to look like by the people who know what they are talking about and now we are saying, well, no, we don't have the map in code yet, so we are going to pretend it still doesn't exist. I -- I just don't know what we do here. Let's just vote and see what we want I guess. Borton: I think one of our discussions -- for what it's worth, I will not debate you. The exercise of discretion is one of the roles that you have here, so that's one of the responsibilities. Any other discussion from Council? Little Roberts: Mr. President? Borton: Mrs. Little Roberts. Little Roberts: Mr. President. I kind of have gone back and forth on this one. I am a little concerned, because we had discussed the step up, but we do have the people that understand and know what is coming forth in the plan and so I'm okay with doing the step up even though we had discussed not in the new plan and it will be the higher density. I am a little concerned about the 4.7 dwelling units. It doesn't sound like much when we are currently looking at three, but with the step-up it adds -- does that 69 to that nine acres, but yet we really are looking at -- and what appears to be an in-fill project, especially when everything is built out and we have kind of captured them looking at the 1.9 percent more than the required open space, but yet we didn't include a lot in where the pond for the drainage is and some other things I think that would actually add up to more than that. I think this is one of those projects that there is kind of some -- some give and take that I think we have boxed them in a corner and I think that it does -- in the long run this looks like a good project for that space, so I will be supportive of it through lots of reservations. Borton: Any other questions, comments, Council? The motion is to approve with the conditions of approval presented in the staff report. Mr. Clerk. Meridian City Council Meeting Agenda September 10, 2019 – Page 49 of 225 Meridian City Council September 3, 2019 Page 21 of 32 Bernt, nay. Borton: With a tie vote the motion fails. MOTION FAILED: THREE AYES. THREE NAYS. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: Will the Mayor be back next week? I move that we continue this item until next Tuesday. Bernt: Have to open up the public hearing. Palmer: Do we have to have it open to continue it? Mr. President, I move we open the public hearing on Item 8-B. Borton: Mr. Nary, can you comment to that? If this were to be continued does the public hearing have to open to do so? Nary: Mr. President, Members of the Council, since you will likely have -- you may have additional discussion, I would suggest you do. Not to take public testimony, but to at least have conversations since the Mayor isn't present. Borton: The motion -- the motion to open the public hearing. Is there a second? Cavener: Second. Borton: It's been moved and seconded to open the public hearing on Item 8-B. All those in favor say aye. The public hearing is back open. MOTION CARRIED: ALL AYES. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: I move we continue this item until September 10th for -- for the discussion and -- Borton: One second. So, there is a -- there is a motion, not a second yet, to continue it to the 10th. Is there a second? Milam: Second for comment. Meridian City Council Meeting Agenda September 10, 2019 – Page 50 of 225 Meridian City Council September 3, 2019 Page 22 of 32 Borton: Second. Open for discussion. Milam: Mr. President? Borton: Mrs. Milam. Milam: Well, I feel that maybe we should ask the applicant. If we are going to continue this maybe give her enough time to talk to ACHD, since that has been a concern of many of the councilmen up here. So, if we are going to continue it we may as well continue it to a date that allows her to get something done in the meantime, if that's -- Borton: I think that's sound advice. Milam: Okay. How long would that -- how long would you need? Borton: You could do it on the 24th or the 17th. We have a couple of options to make sure there is ample time. Milam: Right. The 17th is only two weeks away. Borton: The 17th or the 24th. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I think -- I'm looking at some of forthcoming agendas. The 17th is starting to -- to fill up. Perhaps the 24th may be more appropriate. And, again, we don't know the -- the timing of ACHD and staff and all that. I would rather -- I would rather -- what I would hate is that we come back on the 17th and Ms. Suggs, despite her best efforts, says I can't meet with ACHD until the 18th and now we have painted ourselves into a corner. So, I think the 24th seems more appropriate. Milam: Is that enough time? Borton: So, the public hearing is still open. Milam: And there is a motion on the table. Borton: The motion -- would the maker of the motion wish to amend it to the 24th of September? Palmer: Mr. President, yes. To the 24th. Milam: Does the second -- Meridian City Council Meeting Agenda September 10, 2019 – Page 51 of 225 Meridian City Council September 3, 2019 Page 23 of 32 Palmer: You're the second. Milam: Oh, yes, I was. Borton: Second agrees? Milam: Second agrees. Borton: The revised motion is to continue the public hearing on Item H-2019-0066 to September 24th with some direction for the applicant probably in discussions with Mr. McEwen as well, but to meet with ACHD and try to address some of those safety concerns that were raised in the public hearing. The public hearing remains open. We will continue it again on the 24th. So, any other discussion on -- Cavener: Mr. President, just a question, maybe a clarification for those that are in the audience. To the gentleman that wished to provide some -- some testimony, I just want to make sure that he's able to attend on the 24th or if we want to receive that testimony tonight. Borton: Mr. Nary? Nary: So, Mr. President, you have opened the public hearing, so it's up to you whether you want to have that information tonight in anticipation of the 24th. Borton: You're here. We are here. If it helps a better decision get made, so -- Law: Hello. My name is Bradley Law. Our address is 4888 West Cherry Lane. We are actually the northwest corner, the property that you're discussing. Something that has been brought up worrying about the ACHD trying to do the turn lane and everything else, it really should be in your notes from the previous meeting, but what he's trying to discuss in talking to ACHD is meant for huge projects where a subdivision takes up a mile square and that's what they -- and this was discussed by -- and told to the previous Planning and Zoning by the staff members. So, it's odd that you wouldn't have this information in front of you to look at already. So, we just keep beating the same thing over and over and getting the same result, that they are not going to do anything over a 41 house plot. They don't care. It's not big enough. They are not going to do anything about it. So, this is a complete and total waste of our time. I have a disabled mother. We are trying to move. This is our life we are talking about. So, it -- please keep that in mind when you keep moving everything further down the line. That's another month that we don't know what we are doing. So, just please keep that in mind. Milam: Mr. President? Borton: Okay. Mrs. Milam. Meridian City Council Meeting Agenda September 10, 2019 – Page 52 of 225 Meridian City Council September 3, 2019 Page 24 of 32 Milam: Sir, I would just like to respond to you and just make sure that it's clear what is going on and certainly nobody is trying to waste your time and your family's time and we respect that very much and I agree with you, I don't think anything's going to happen with ACHD. That's not the purpose of this. The purpose of this is we are three and three. We need a tiebreaker. We don't have one. So, we are not in a place tonight where we can make a decision to approve or deny, because we are half and half. If the Mayor were here she could break the tie. On the 24th there may be one less council person, so we might have an odd number where we don't need a tie and the only reason I brought the ACHD back into it is because that might appease some of the -- some of the councilmen who said no. If something could get done, then, it might change somebody else's vote, as opposed to just putting it out for a week just to have a tiebreaker, hoping that maybe something else could get done in the meantime as well. Law: Yeah. I mean it's just my opinion. I just see it has a huge waste of time and resources. Borton: Thank you. Milam: Thank you, sir. Borton: Any discussion from Council? Mr. Clerk. This is on moving it to the 24th. yea. MOTION CARRIED: ALL AYES. Borton: Thank you, everyone. Thank you, Jane, for your patience. That is the last action item. Cavener: Mr. President? C. [Amended on to Agenda] Approval of Benefits Trust Agreement Borton: Oh, no. 8-C. Do you have that? Cavener: So, Mr. President, that is the Health Trust Agreement drafted by the Legal Department with help from HR. We discussed that in our work session earlier today that that agreement would need to be approved if that's the direction the Council wants to take to move forward. Borton: Thank you, Mr. Cavener. This is now an action item. We discussed it at the workshop. Is there a motion on the approval of the trust agreement? Palmer: Mr. President? Meridian City Council Meeting Agenda September 10, 2019 – Page 53 of 225 Meridian City Council September 3, 2019 Page 25 of 32 Borton: Mr. Palmer. Palmer: My reservations initially about the speed at which we were doing this was really slowing me down, but I have come to terms with it, because I have a lot of trust in those who are implementing it and so I'm -- I'm -- I'm good to go with it. I -- I -- I agree, I like the idea of -- of having a councilman on there, but there is lots of boards that I like the idea of having a councilman on. Sometimes I wish we didn't have any councilman on this board, but here we are and that's what it is and I think that this is the best way to move forward. So, with that I move that we approve the agreement as we got it. Little Roberts: Second. Borton: It's been moved and seconded to approve the trust agreement as amended on today's agenda. Any discussion? Milam: Mr. President? I do -- I like where this is going and all the hard work that's gone into it. I still am -- I do have a little bit of reservation. I would like to see a council person on it, though I don't think it should be required, so I am going to support this and I'm not going to be around for very much longer and I really hope that the committee will truly look at that possibility of having a council person on here and -- and not just ignore that once this is approved. If there is a council person who wants to serve I think that they should be able to. Borton: Any other discussion? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I know we want to get out of here. Again thanks to the staff, but I want a response to Council Member Milam's comment. If -- if that is how Council feels they want somebody on, this agreement will prevent that from happening. So, if that is your intent to have a council member on it, you should not support this agreement and we should have it redrafted so that that intention of Council could be fulfilled if that's our desire at a future date. Little Roberts: Mr. President? Borton: Mrs. Little Roberts. Little Roberts: Could I ask for a point of clarification? Mr. Nary, do we actually appoint the person or do we approve them to be an applicant to the Department of Insurance? Nary: Mr. President, Members of the Council, sort of both. I mean you originally did agree those would be the trustees to start. What I would suggest -- so, if there is an issue -- I don't anticipate, at least in the immediacy, that the current trustees -- and I'm not speaking Meridian City Council Meeting Agenda September 10, 2019 – Page 54 of 225 Meridian City Council September 3, 2019 Page 26 of 32 for Christena, she can speak for herself, but we heard that message. We get it. We don't have a clarity with the Department of Insurance, if we get clarity from the Department of Insurance and there is a desire for a council member to serve and, again, my recommendation would be not require a council member, but allow one if that's the desire of the Council to do that, to be a part of it. We can, then, look at amending the agreement to make that happen. So, rather than not approving it, because the agreement doesn't allow it, if we get to the point that it's clear that's a possibility and a desire and it's not an issue and there is no conflict, we can create the mechanism to do that. So, you are approving those trustees to be the trustees. If there is an impasse that a future trustee group doesn't wish to listen to the council you still fund the trust, you still oversee the trust and you can still terminate the trustees. So, I mean you have the authority over the group. Right now it was in fashion to have an elected official, because -- or at least an elected council member because you also have that authority and so there would be a conflict. So, you can always refashion the agreement. That can be done if needed. We don't have that specific answer from the Department of Insurance today. Borton: Thank you, Mr. Nary. Christena, welcome. Barney: Thank you. Mr. President, Members of Council, so I would just like to thank you for your support so far on this, but I would also like to remind you that the Department of Insurance has asked us not to write that language in our contract or our agreement, so I'm fearful that if we do put language of that nature in it it will be denied. That will have a huge impact in the premiums that the employees will be paying next year as they will see a decrease in premiums with us moving to the self-funded mechanism. So, I just wanted to throw that out to you. It is never our intention and we absolutely will continue the conversations with the Department of Insurance to see if it is possible to have a council member on. If that is the case, absolutely, we would bring it back for amendment, so that we did not, in fact, have a conflict in our agreement to that nature. Borton: Thank you. Barney: Uh-huh. Borton: Council, any other questions on the -- or discussion, I guess, for the pending motion to approve? Seeing none, Mr. Clerk. Roll call: Borton, yea. MOTION CARRIED: FIVE AYES. ONE NAY. Barney: Thank you. Item 9: Ordinances A. Ordinance No. 19-1847: An Ordinance Of The City Of Meridian, Meridian City Council Meeting Agenda September 10, 2019 – Page 55 of 225 Meridian City Council September 3, 2019 Page 27 of 32 Idaho Amending Ordinance No. 18-1790, The Appropriation Ordinance For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019 (FY2019), Appropriating Monies That Are To Be Allocated By The City Of Meridian, Idaho In The Sum Of $( ing An Effective Date. Borton: Thanks, Christena. Thank you, Mr. Nary. That is the last action item on the amended agenda. Item 9-A is Ordinance No. 19-1847. Mr. Clerk. Johnson: Thank you, Mr. President. An ordinance of the City of Meridian, Idaho, amending Ordinance No. 18-1790, the appropriation ordinance for the fiscal year beginning October 1st, 2018, and ending September 30th, 2019. Fiscal year 2019, appropriating monies that are to be allocated by the City of Meridian, Idaho, in the sum of $( Borton: Thank you, Mr. Clerk. You have heard this ordinance read by title only. Does anyone wish to hear it in its entirety? Ralph? Seeing none, Mr. Clerk. Johnson: Thank you, Mr. President. Council Member Milam -- Borton: Oh, I guess we have to have a motion first. Johnson: Oh, that would work. Borton: Okay. Council, how about a motion? Milam: Mr. President? Borton: Mrs. Milam. Milam: I move that we approve Ordinance No. 19-1847. Bernt: Second. Borton: It's been moved and seconded to approve Ordinance 19-1847 with suspension rules. Milam: It doesn't say that in there. Borton: Oh. Milam: Do we need suspension of rules on this one? That's usually what it says. Borton: If there are suspend them. Cavener: We have a motion and a second. We are okay. Meridian City Council Meeting Agenda September 10, 2019 – Page 56 of 225 Meridian City Council September 3, 2019 Page 28 of 32 Borton: Motion and a second. Mr. Clerk. yea. MOTION CARRIED: ALL AYES. B. Ordinance No. 19-1849: An Ordinance, Pursuant To Idaho Code 50-1002 And §50-1003, Providing For A Title And Findings, Providing For The Adoption Of A Budget And The Appropriation Of $120,525,396 To Defray The Necessary Expenses And Liabilities Of The City Of Meridian, In Accordance With The Object And Purposes And In The Certain Amounts Herein Specified For The Fiscal Year Beginning October 1, 2019 And Ending On Taxes And And To Waiving Of The 2nd And 3rd Readings Pursuant To Idaho Code §50- Providing For An Effective Date And The Filing Of A Certified Copy Of This Ordinance With The Secretary Of State. Borton: Item 9-B, Ordinance No. 19-1849. Mr. Clerk. Johnson: An ordinance pursuant to Idaho Code Section 50-1002 and Section 50-1003, providing for a title and findings, providing for the adoption of a budget and the appropriation of $120,525,396 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1st, 2019, and ending on September 30th, vide for the waiving of the 2nd and 3rd readings pursuant to Idaho Code Section 50- and the filing of a certified copy of this ordinance with the Secretary of State. Borton: You have heard this ordinance read by title only. Does anyone wish to hear it in its entirety? Milam: Mr. President? Borton: Mrs. Milam. Milam: I move that we approve Ordinance No. 19-18-49 with suspension of rules. Little Roberts: Second. Meridian City Council Meeting Agenda September 10, 2019 – Page 57 of 225 Meridian City Council September 3, 2019 Page 29 of 32 Borton: It's been moved and seconded to approve Item 9-B. Any discussion? Seeing none, Mr. Clerk. yea. MOTION CARRIED: FIVE AYES. ONE NAY. C. Ordinance No. 19-1846A: An Ordinance (H-2018-0130 Razzberry Villas) For Rezone Of A Parcel Of Land Being Lots 1, 2 And 3, Block 6 Of Razzberry Crossing Subdivision As Filed For Record In Book 93 Of Plat At Pages 11215 Thru 11217, Records Of Ada County, Idaho, The West 27.00 Feet Of North Bright Angle Avenue Road Right Of Way, And The North Half Of The East Star Drive Road Right Of Way Lying In A Portion Of The Ne ¼ Of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Classification From R-8 Medium Density Residential) And L -O (Limited Office) Zoning Districts To R-15 (Medium High Density Residential) Zoning District Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Providing For A Summary Of The O And Providing An Effective Date. Borton: Item 9-C is Ordinance No. 19-1846A. Johnson: An ordinance (H-2018-0130 Razzberry Villas) for rezone of a parcel of land being Lots 1, 2 and 3, Block 6 of Razzberry Crossing Subdivision as filed for record in Book 93 of Plats at pages 11215 thru 11217, records of Ada county, Idaho, the west 27.00 feet of North Bright Angle Avenue road right of way, and the north half of the East Star Drive road right of way lying in a portion of the NE ¼ of Section 31, Township 4 North, classification from R-8 (Medium Density Residential) and L-O (Limited Office) zoning district to R-15 (Medium High Density Residential) zoning district in the Meridian City providing and providing an effective date. Borton: We have all heard Item 9-C read by title only. Anyone wish to hear it read in its entirety? Seeing none. Milam: Mr. President? Meridian City Council Meeting Agenda September 10, 2019 – Page 58 of 225 Meridian City Council September 3, 2019 Page 30 of 32 Borton: Mrs. Milam. Milam: I move that we approve Ordinance No. 19-1846A with suspension of rules. Little Roberts: Second. Borton: It's been moved to approve Item 9-C. Any discussion? All those in -- oh, Mr. Clerk. Excuse me. yea. MOTION CARRIED: ALL AYES. D. Ordinance No. 19-1848: An Ordinance (H-2018-0109 – Elevate Franklin Storage) For The Re-Zone Of A Parcel Of Land Known As Lot 1, Block 1 Of Umbria Subdivision As filed In Book 101 Of Plats At Pages 13,200 Through 13,204, Records Of Ada County, Idaho And A Portion Of The SW ¼ Of The SE ¼ Of Section 10, Township 3 North, Range 1 West, Boise Meridian, City Of Meridian, Ada Land Use Zoning Classification Of 3.50 Acres From L -O (Limited Office) Zoning District To R-15 (Medium High Density Residential) Zoning District In The Meri Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Providing For A Summary Of The ing For And Providing An Effective Date. Borton: Thank you. Item 9-D is Ordinance 19-1848. Mr. Clerk. Johnson: An Ordinance (H-2018-0109 – Elevate Franklin Storage) for the re-zone of a parcel of land known as Lot 1, Block 1 of Umbria Subdivision as filed in Book 101 of Plats at pages 13,200 through 13,204, records of Ada county, Idaho and a portion of the SW ¼ of the SE ¼ of Section 10, Township 3 North, Range 1 West, Boise meridian, City of Meridian, Ada coun classification of 3.50 acres from L-O (Limited Office) zoning district to R-15 (Medium High ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Borton: You have heard this ordinance read by title only. Anyone want to hear this one in its entirety? Meridian City Council Meeting Agenda September 10, 2019 – Page 59 of 225 Meridian City Council September 3, 2019 Page 31 of 32 Milam: Mr. President? Borton: Seeing none, Mrs. Milam. Milam: I move that we approve Ordinance No. 19-1848 with suspension of rules. Little Roberts: Second. Borton: Moved and seconded to approve Ordinance 19-1848. Any discussion? Seeing none, Mr. Clerk. yea. MOTION CARRIED: ALL AYES. E. Ordinance No. 19-1850: An Ordinance Amending Meridian City Code As Codified At Title 11, To Modify the Variance Findings to be Consistent with Idaho Code § 67- Waiver . Borton: Last, but not least, 9-E, Ordinance 19-1850. Mr. Clerk, if you would read this by title. Johnson: Thank you, Mr. President. An ordinance amending Meridian City Code as codified at Title 11, to modify the variance findings to be consistent with Idaho Code Section 67- effective date. Borton: You have heard this ordinance read by title only. Anyone want to hear this one in its entirety? Nobody. Milam: Mr. President? Borton: Mrs. Milam. Milam: Move that we approve Ordinance No. 19-1850 with suspension of rules. Little Roberts: Second. Borton: Moved and seconded to approve 19-1850. Any discussion? Seeing none, Mr. Clerk. Roll ca yea. Meridian City Council Meeting Agenda September 10, 2019 – Page 60 of 225 Meridian City Council September 3, 2019 Page 32 of 32 MOTION CARRIED: ALLAYES. Item 10: Future Meeting Topics Borton: Thank you. Item No. 10, Future Meeting Topics. Council, anything on the radar? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Nothing for the radar, but you touched on it earlier. I just want to say, Ralph, it's nice to have you back. Borton: Amen. Cavener: We have missed you. Welcome. Borton: And, Kenny, good to see you. Any other -- any other future meeting topics? Two Council Members standing, it looks like there is no more. Is there a motion to adjourn? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we adjourn our meeting. Milam: Second. Borton: Moved and seconded to adjourn. All those in favor say aye. Good work. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:23 P.M. (AUDIO RECOR ING ON FILE OF THESE PROCEEDINGS) 10 /� q annm�. �e. EP. L DA(JCLs�I ATE APPROVED ATTEST' city of ERIDIA.N � 4H 9 � C H I S J - `F ���EDAHO IDIZ IAN.,+ -- CITY COUNCIL REGULAR MEETING AGENDA September 3, 2019 Agenda Item Number: 6 A Item Title: Proclamation - Meridian Art Week Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: Estimated Time for P resentation: Title of I tem - M eridian Art Week C ouncil Notes: RE V I E WE RS : Department R eviewer Action D ate Mayors Office J ohnson, Chris Approved 8/30/2019 - 1:45 P M Meridian City Council Meeting Agenda September 3, 2019 – Page 5 of 84 E IIDIAN*,------ 1©AHO 2rhe office of the Mayor PROCl.2lMATION Whereas, in the City of Meridian public art plays a valuable role in creating a sense of place, beautification of public areas, offers community expression and dialogue, and enhances the quality of life for Meridian residents and visitors; and, Whereas, having publicly accessible arts within the City of Meridian highlights our community's cultural and historical resources and promotes the development of economic, educational, recreational, and tourism opportunities within the City; and, Whereas, the arts can be used as a conduit for exchanging ideas, connecting with one another, finding common ground and, when accessible to the public, can help to strengthen Meridian's community and families; and, Whereas, we recognize the growth and demand for the arts in Meridian, through the Meridian Arts Commission events, Parks and Recreation courses, the Treasure Valley Youth Theater, Meridian Arts Foundation, and other local organizations; and, Whereas, the City of Meridian is fortunate to have a tremendous group of volunteers who serve on the Meridian Arts Commission for the purpose of advancing the arts within the City of Meridian through the research and development of opportunities and sources for the arts within our community; Therefore, I, Mayor Tammy de Weerd, hereby proclaim September P through 7t', 2019 as Meri&tan Art 'Week in the City of Meridian and encourage residents across the valley to participate in Meridian Art Week festivities including the Meridian Art Drop and Art Walk — highlighting public art activities in Downtown Meridian. Dated this 3h day of September 2019 Tammy deVerd, Mayor Joe Borton, City Council President Luke Cavener, City Council Vice President Anne Little Roberts, City Council Genesis Milam, City Council Treg Bernt, City Council Ty Palmer, City Council EIDIAN+tDAHO -- CITY COUNCIL REGULAR MEETING AGENDA September 3, 2019 Agenda Item Number: 7 Item Title: Future Meeting Topics — Public Forum (Up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address their: elected officials regarding matters of general. interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting Meeting Notes: 9/3/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 9/3/2019 Hearing Type: Public Forum Active: *-* Signature Discussion Topic Sign In Name Date/Time Carolyn Annexation of 1370 W Lake Hazel to City of Kuna. Owner would like to sell and the future 9/2/2019 Vaught plan is for commercial. Utilities from Kuna are across the road and the future plan is for 10:53:56 Kuna to Annex to Amity. PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://i nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=315 1/1 E IDiAt1 -- CITY COUNCIL REGULAR MEETING AGENDA September 3, 2019 Planning and Zoning Public Hearings Staff Outline and Presentation Meeting Notes: Changes to Agenda: None Item #8A: Eagle Commons (H-2019-0082) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 3.29 acres of land, zoned C-G, located at the SWC of N. Eagle Rd. & E. Ustick Rd. History: This property along with the abutting 11.39 acres of land was annexed into the City in 2008 and a DA was approved that incorporated the entire annexation area which totaled 15.33 acres of land. The abutting property recently entered into its own DA (Villlasport), leaving only this property subject to the existing DA. Comprehensive Plan FLUM Designation: MU-R Summary of Request: The Applicant proposes to enter into a new DA solely for the subject property, thus terminating the original DA, because most of the original DA provisions are no longer applicable to development of this site. The terms of the existing DA are included in the staff report & the conceptual development plan previously approved for this site is as shown. The existing concept plan depicts two (2) retail/commercial structures with associated parking; the shared access with the property to the south via N. Eagle Rd./SH-55 was denied. The proposed concept plan depicts three (3) pad sites, one (1) multi-tenant shops pad with a drive-through and shared parking. The maximum overall building area proposed is 25,900 square feet. A conceptual building elevation was submitted that demonstrates the quality of design proposed for future buildings in the development. Access to the development is proposed via a shared driveway from E. Ustick Rd. recently approved with the Villasport project along the west boundary of the site and a cross-access easement via N. Centerpoint Way, N. Cajun Ln. and E. Seville Ln. No public streets are proposed within the development. Staff recommends a cross-access/ingress-egress easement is provided to the adjacent properties to the west and south as a provision of the DA. Written Testimony: Tamara Thompson, The Land Group (in agreement w/staff report) Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0082, as presented in the staff report for the hearing date of September 3, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0082, as presented during the hearing on September 3, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0082 to the hearing date of _______________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #8B: Millbrae Subdivision (H-2019-0066) Application(s): ➢ Annexation ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 8.79 acres of land, zoned RUT, located at the northwest corner of W. Cherry Lane and N. Black Cat Rd. History: none Comprehensive Plan FLUM Designation: Currently LDR Summary of Request: Annexation and zoning of 8.79 acres of land with an R-8 zoning district and Preliminary Plat consisting of 41 SFR building lots and 5 common lots for the development of detached homes at a gross density of 4.7 dwelling units per acre. This is slightly higher than the 3 dwellings per acre standard associated with the low density residential FLUM designation this prop erty currently has. The applicant is requesting a “step-up” in density, to a MDR designation. The comprehensive plan does allow for “step- ups” in density and the applicant’s request meets the required criteria. In addition, through the ongoing comprehensive plan update this property is designated to being changed to a MDR designation in the current draft of the new plan. Since the applicant’s request is in- line with this potential future change and the density fits with the surrounding uses, staff is comfortable with the applicants “step-up” request. Currently, this property has two single-family homes and a number of accessory structures on it. The applicant is proposing to remove the one of the homes and accessory structures and relocate the other to fit on a lot within the new subdivision. Staff has reviewed the new location of this home and deemed it in compliance with R-8 standards. In response to conditions listed in the staff report, the applicant has provided a revised open space calculation showing 11.9% open space, exceeding the 10% required by code. Amenities in the subdivision include a children’s play structure, multi-use pathways along both Black Cat and Cherry Lane, a picnic shelter, and seating areas. The applicant has submitted conceptual elevations for the single-family homes as shown. Commission Recommendation: approval Summary of Commission Public Hearing: i. In favor: Jane Suggs, applicant’s representative; Michael Pearson, representative of the church directly to the north ii. In opposition: none iii. Commenting: William McEwan, property owner directly to the west iv. Written testimony: William McEwan; Jane Suggs (response to staff report) v. Key Issue(s): Increased traffic at the intersection of Black Cat Rd. and Cherry Lane and the potential for the developer and ACHD to work together on improvements. Mr. McEwan was also concerned over the lack of communication from the applicant with regards to how the property would develop, and specifically where the stub street to his property would be located. Key Issues of Discussion by Commission: i. Timing of ACHD improvements to nearby roads and if these is potential for ACHD and the applicant entering into a cooperative development agreement for the intersection improvements. ii. Concern over requested “step-up” in density from R-4 to R-8. iii. Fencing around the open irrigation pond located at the north end of subject property, Lot 5, Block 1. iv. How access would function off N. Black Cat Rd. v. Future connection between proposed stub street (W. White Birch St.) to existing stub street in Burlingame Subdivision. Commission Changes to Staff Recommendation: i. Add condition that the applicant work with staff to include safety measures around the irrigation pond. ii. Condition that the applicant work with the property owner to the west to discuss the location of the stub street to his property. Outstanding Issues for City Council: i. Council approval of the requested “step-up” in the FLUM density from LDR to MDR. ii. After reaching out to the property owner to the west, the applicant submitted a revised plat moving the stub street slightly to the south. Staff has reviewed the new layout and found it in compliance with code. With this change, staff recommends the following changes to clean up the conditions in the staff report: 1. Modify DA provision 1b. and condition of approval No. 5: replace the reference to Block 2 with Block 1. 2. Modify condition of approval No. 4: Prior to Final Plat submittal, revised the landscape plan to match the plat, dated July 28, 2019. 3. Incorporate revised conditions of approval from ACHD. Written Testimony since Commission Hearing: Correspondence between the applicant and Mr. McEwan regarding the relocation of the stub street to his property. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0066, as presented in the staff report for the hearing date of September 3, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0066, as presented during the hearing on September 3, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0066 to the hearing date of September 3, 2019 for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting September 3, 2019 Zoning Map Existing Conceptual Development Plan Proposed Conceptual Building Elevations Proposed Conceptual Development Plan CURRENT Future Land Use MapZoning Map DRAFT Future Land Use Map Conceptual Elevations Original Preliminary Plat Revised Preliminary Plat 1.DA provision 1b. and condition of approval No. 5: replace the reference to Block 2 with Block 1. 2.Condition of approval No. 4: Prior to Final Plat submittal, revised the landscape plan to match the plat, dated July 28, 2019. 3.Incorporate revised conditions of approval from ACHD. Due to revised plat, staff recommended changes to the conditionals of approval E IDIANDAHO� CITY COUNCIL REGULAR MEETING AGENDA September 3, 2019 Agenda Item Number: 8 A Item Title: Public Hearing for Eagle Commons MDA (H-2019-0082) By The Land Group, Inc., Located at 3085 E. Ustick Rd. 1. Request: Modification to an Existing Development Agreement for the Purpose of Removing the Subject Property from DA Instrument #108008770 to be placed in a new separate agreement. Meeting Notes: -9 I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Estimated Time for P resentation: Title of I tem - Public Hearing for Eagle C ommons M D A (H-2019-0082) by T he L and Group, Inc., L ocated at 3085 E . Ustick Rd. C lic k Here for Applic atio n Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taf f R eport 8/30/2019 RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 8/30/2019 - 3:51 P M Meridian City Council Meeting Agenda September 3, 2019 – Page 6 of 84 9/3/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 9/3/2019 Hearing Type: Council Item Number: 8-A Project Name: Eagle Commons MDA Project No.: H-2019-0082 Active: There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://i nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=311 1/1 Page 1 HEARING DATE: 9/3/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2019-0082 Eagle Commons at Ustick and Eagle LOCATION: 3085 E. Ustick Rd. (NE ¼ of Section 5, T.3N., R.1E.) I. PROJECT DESCRIPTION Request to enter into a new Development Agreement for the subject 3.29 acre property and exclude the property from the existing Development Agreement (Inst. #108008770). II. APPLICANT INFORMATION A. Applicant: Barclay Group – PO Box 733, Boise, ID 83701 B. Owner: Knudsen Poor Farms, Inc. – 98 Fort Hall Ave., American Falls, ID 83211 C. Representative: Tamara Thompson, The Land Group – 462 E. Shore Dr., Ste. 100, Eagle, ID 83616 III. NOTICING City Council Posting Date Legal notice published in newspaper 8/16/2019 Radius notice mailed to properties within 300 feet 8/13/2019 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda September 3, 2019 – Page 7 of 84 Page 2 Public hearing notice sign posted 8/23/2019 Next Door 8/13/2019 IV. STAFF ANALYSIS The existing Development Agreement (DA) (Inst. #108008770, Sadie Creek Commons, AZ-05-052) was approved in 2008 and incorporated a larger area that included the subject property and the property to the west and south totaling 15.33 acres. The abutting 11.39 acre property recently entered into its own DA (Villasport H-2018-0121, Inst. #2019-060877), leaving only this property subject to the existing DA. The Applicant proposes to enter into a new DA solely for the subject property, thus terminating the original DA, because most of the original DA provisions are no longer applicable to development of this site. Prior to drafting the new development agreement, the Applicant should provide staff with a new legal description and exhibit map of the subject property governed by the new DA. The terms of the existing DA and conceptual development plan previously approved for this site are included below in Section VI.A. The existing conceptual development plan depicts two (2) retail/commercial structures with associated parking and a shared access with the property to the south via N. Eagle Rd./SH-55 which was denied (VAR-05-022). The proposed concept plan depicts three (3) pad sites, one (1) multi-tenant shops pad with a drive- through and shared parking. The maximum overall building area proposed is 25,900 square feet. A conceptual building was submitted that demonstrates the quality of design proposed for future buildings in the development. The drive-through may require conditional use approval as set forth in UDC 11-4-3-11A; retail stores and sales are a principal permitted use in the C-G district – see UDC Table 11-2B-2 for other allowed uses in the C-G district. All future development is required to comply with the provisions as set forth in the Unified Development Code (UDC). Access to the development is proposed via a shared driveway from E. Ustick Rd. approved with the Villasport project (H-2018-0121) along the west boundary of the site and a cross-access easement via N. Centerpoint Way, N. Cajun Ln. and E. Seville Ln. No public streets are proposed within the development. Staff recommends as a provision of the DA that the Developer provide a cross- access/ingress-egress easement to the adjacent properties to the west and south (Parcel #S1105110110 & S1105110120). V. DECISION A. Staff: Staff recommends approval of the proposed MDA per the provisions in Section VI. Meridian City Council Meeting Agenda September 3, 2019 – Page 8 of 84 Page 3 VI. EXHIBITS A. Existing Development Agreement Provisions & Conceptual Development Plan 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11- 2B which are herein specified as follows: Construction and development of up to 150,282 square feet of retail/restaurant/ and office uses in a proposed C-G zone on 7.7 acres pertinent to this AZ 05-052 application. The 36.33 acre site, which includes a portion of this project, was approved for annexation with a Development Agreement in April, 2004 under the name of Kissler Annexation (file no. AZ 03-018). The DA, instrument no. 104107406, requires that any future use be approved either though a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the AZ 05-052 application for informational purposes. This entire project consists of 15.33 acres a preliminary plat and conditional use permit was submitted and approved (PP-05-053, and CUP-05-049) which satisfies the CUP condition of the previous DA agreement. Certificates of Zoning Compliance are required for all buildings in this project. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an application for conditional use permit site plan dated September 15, 2005, and shall be required to obtain the City’s approval thereof, in accordance to the City’s Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. Meridian City Council Meeting Agenda September 3, 2019 – Page 9 of 84 Page 4 2. That the applicant be responsible for all costs associated with the sewer and water service extension. 3. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 4. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots including masonry block wall on western boundary. 5. That the maximum square footage of one single building shall not exceed 75,141 square feet, which is ½ of the maximum requested of 150,282 square feet 6. That all buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be 6 am – 10 pm. 7. That the applicant shall redesign the site to meet the 300’ standard separation for drive thru uses with this application or variance is obtained. 8. That all access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACHD. 9. That Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for office uses only. Non retail uses shall be located on these lots. All other lots shall be limited to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive Thru) not listed as permitted shall be subject to conditional approval. 10. That the western most public road referenced to as Sadie Creek Avenue may be renamed as approved by the Ada County Street Naming Committee. The road name has been approved as Centrepoint Way. Meridian City Council Meeting Agenda September 3, 2019 – Page 10 of 84 Page 5 Meridian City Council Meeting Agenda September 3, 2019 – Page 11 of 84 Page 6 B. Proposed Development Agreement Provisions, Conceptual Development Plan & Building Elevations Prior to drafting the new development agreement, the Applicant shall submit a legal description and exhibit map of the subject property governed by the new DA. 1. The applicant shall be responsible for all costs associated with the sewer and water service extension and hook-up to City services. 2. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service, per City Ordinance Section 5-7-517; wells may be used for non- domestic purposes such as landscape irrigation. 3. Future development of this site shall substantially comply with the conceptual development plan and provisions contained herein. 4. The Developer shall record a cross-access/ingress-egress easement to the adjacent properties to the west and south (Parcel #S1105110110 & S1105110120). A copy of the recorded easement(s) shall be submitted to the Planning Division with the first development application for the site. 5. Future development shall comply with the structure and site design standards listed in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 6. A 10-foot wide multi-use pathway with a public use easement and pedestrian lighting and landscaping shall be installed adjacent to N. Eagle Rd./SH-55 as set forth in UDC 11-3H- 4C.3. Meridian City Council Meeting Agenda September 3, 2019 – Page 12 of 84 Page 7 Meridian City Council Meeting Agenda September 3, 2019 – Page 13 of 84 Page 8 Meridian City Council Meeting Agenda September 3, 2019 – Page 14 of 84 jQifE IDIIZDA 0 AN,* -- I - CITY COUNCIL REGULAR MEETING AGENDA September 3, 2019 Agenda Item Number: 8 B Item Title: Public Hearing for Millbrae Subdivision (H-2019-0066) By WHPacific, Located at 4888 and 4920 W. Cherry Ln. 1. Request: Annexation and Zoning of 8.79 acres of land with an R-8 zoning district and; 2. Request: A Preliminary Plat consisting of 41 building lots and 5 common lots on 8.79 acres of land. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: Estimated Time for P resentation: Title of I tem - Public Hearing for M illbrae Subdivision (H-2019-0066) by WHPacific, Located at 4888 and 4920 W. C herry L n. C lic k Here for Applic atio n Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Commission Recommendations S taf f R eport 8/28/2019 RE V I E WE RS : Department R eviewer Action D ate Clerk.Weatherly, A drienne Approved 8/28/2019 - 3:37 P M Meridian City Council Meeting Agenda September 3, 2019 – Page 15 of 84 9/3/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 9/3/2019 Hearing Type: Council Item Number: 8-B Project Name: Millbrae Subdivision Project No.: H-2019-0066 Active: Signature City -State- I Wish To Address For Against Neutral Sign In Date/Time Name Zip Testify William 5120 w cherry 9/3/2019 6:17:02 X X McEwen lane PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://i nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=312 1/1 Page 1 HEARING DATE: 9/3/2019 TO: Mayor & City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0066 Millbrae Subdivision LOCATION: 4888 and 4920 W. Cherry Lane, in the SE ¼ of the SE ¼ of Section 4, Township 3N., Range 1W. I. PROJECT DESCRIPTION Annexation & zoning of 8.79 acres of land with an R-8 zoning district and preliminary plat consisting of 41 building lots and 5 common lots. Note: At the July 18, 2019 Planning and Zoning Commission meeting, the Commission instructed the applicant to work with the owner of the neighboring property to the west to determine an appropriate location of the stub street to their property. As a result of those discussions, the stub street has shifted farther to the south (see Exhibit B). The total number of buildable and common lots remains the same as the original submittal. Staff has reviewed the change and deemed it in compliance with Meridian City Code. ACHD has also reviewed the revised plat and approved the relocation of the stub street via email but has not submitted a revised staff report to the City. Because the revised plat was submitted after the P/Z hearing, several conditions of approval must be amended to coincide with the proposed change. Staff’s recommended changes to the conditions of approval are provide in Section VI. below. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda September 3, 2019 – Page 16 of 84 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Community Metrics Description Details Page Ada County Highway District 34 • Staff report (yes/no) Yes • Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One (1) access proposed via N. Black Cat Rd. (arterial) Traffic Level of Service Stub Street/Interconnectivity/Cross Access One (1) local street (W. White Birch St.) stubbed to the parcel to the west (parcel No. S1204449100) Existing Road Network Existing Arterial Sidewalks / Buffers No existing sidewalk along N. Black Cat Rd. or W. Cherry Ln. – 10-foot multi-use pathway required along both Proposed Road Improvements Distance to nearest City Park (+ size) Fuller Park: +/- .75 miles Fire Service 28 • Distance to Fire Station ~1.6 miles from Fire Station No. 2 • Fire Response Time 3 minutes (under ideal conditions) • Resource Reliability 81% (does not meet target goal of 85% or greater) • Risk Identification 2=residential with hazards. Current resources would not be adequate to supply service to this proposed project. Risk factors may include the potential for water rescue as there is a pond shown on the plat. Meridian Fire Department does not have a water rescue team and mutual aid from another Description Details Acreage 8.79 Future Land Use Designation LDR (3 or less du/acre) Proposed Future Land Use Designation Request for “step up” in density to MDR (medium density residential – 3 to 8 units/acre) without a change to FLUM Existing Land Use Rural residential/agricultural Proposed Land Use(s) SFR Current Zoning RUT Proposed Zoning R-8 Lots (# and type; bldg/common) 46 (41 bldg./5 common) Number of Residential Units (type of units) 41 SFR Density (gross & net) 4.7 du/acre gross; 7.4 du/acre net Open Space (acres, total [%] / buffer / qualified) 1.01 acres, 11.5% qualified open space Amenities Children’s play structure, picnic shelter, multi-use pathway and seating areas Physical Features (waterways, hazards, flood plain, hillside) N/A Neighborhood meeting date; # of attendees: May 6, 2019; 7 attendees History (previous approvals) N/A Meridian City Council Meeting Agenda September 3, 2019 – Page 17 of 84 Page 3 Description Details Page department may be needed. Other hazards may be found once the development is completed.) • Accessibility Project meets all required access, road widths and turnarounds. The subdivision will be limited to 30 building lots until the secondary access is completed. • Special/resource needs Project will not require an aerial device. In the event of a hazmat event, there will need to be mutual aid required for the development. In the event of a structure fire an additional truck company will be required. This will require additional time delays as they are not available in the city. • Water Supply 1000 gal./minute for 1 hour required • Other Resources Police Service 31 • Distance to Police Station ~5 miles • Police Response Time 4-5 minutes (+/- 1 minute higher than average response time in Meridian) • Calls for Service Between 4/1/2018-3/31/2019 PD responded to 154 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 access to the proposed site. • Specialty/resource needs No additional resources required. • Crimes 28 • Crashes 3 West Ada School District 34 • Distance (elem, ms, hs) Ponderosa Elementary: +/- 1.7 miles Meridian Middle School: +/- 2.6 miles Meridian High School: +/- 2.4 miles • Capacity of Schools Ponderosa Elementary: 650 students Meridian Middle School: 1,250 students Meridian High School: 2,400 students • # of Students Enrolled Chaparral Elementary: 660 students Meridian Middle School: 1,172 students Meridian High School: 1,913 students Wastewater • Distance to Sewer Services 0 Ft. • Sewer Shed North Black Cat Trunkshed • Estimated Project Sewer ERU’s See application • WRRF Declining Balance 13.69 • Project Consistent with WW Master Plan/Facility Plan Yes • Impacts/Concerns Flow Commitment for Parcel has been updated (6,273 gpm total flow; 185 gpd Infiltration flow). Water • Distance to Water Services 0 Ft. • Pressure Zone 1 • Estimated Project Water ERU’s See application • Water Quality Concerns None Meridian City Council Meeting Agenda September 3, 2019 – Page 18 of 84 Page 4 Description Details Page • Project Consistent with Water Master Plan Yes • Impacts/Concerns Applicant to extend water main north in Puma Ave to connect with water main in White Birch St (assuming they snapped the water main to the centerline instead of water line in White Birch). Show water in White Birch connect to existing water in Black Cat (currently shows connecting to sewer, again probably just snapping to the wrong line in CAD). C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda September 3, 2019 – Page 19 of 84 Page 5 III. APPLICANT INFORMATION A. Applicant/Representative: Jane Suggs, WHPacific, Inc. 2141 W. Airport Way, Suite 104 Boise, ID 83705 B. Owners: Sandy Law 4888 W. Cherry Lane Meridian, ID 83642 Kent and Nancy Bleak 4920 W. Cherry Lane Meridian, ID 83642 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 6/28/2019 8/16/2019 Radius notification mailed to properties within 300 feet 6/25/2019 8/13/2019 Applicant posting 7/8/2019 8/23/2019 Nextdoor posting 6/25/2019 8/13/2019 V. STAFF ANALYSIS The proposed annexation area is contiguous to City annexed property to the north, 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 (https://www.meridiancity.org/compplan) 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 Applicant requests a “step up” in density to MDR (Medium Density Residential) without an amendment to the Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The applicant is proposing 41 building lots and five (5) common lots. The gross density of the proposed development is 4.7 units per acre. In residential areas, the Comprehensive Plan provides for other densities to be considered without requiring an amendment to the FLUM; however, the density can only be changed one “step” (i.e. from low to medium, not low to high). The gross density of the proposed development is 4.7 units per acre which is 1.7 units per acre more than allowed in the LDR Meridian City Council Meeting Agenda September 3, 2019 – Page 20 of 84 Page 6 designation. Additionally, the soon to be adopted Comprehensive Plan update has modified the area in which the subject site is proposed to be medium density residential. Staff is amenable to the request as it is only a slight increase, is consistent with surrounding subdivisions (Burlingame Subdivision to the north and west was granted the step-up), and is supported by the pending Comprehensive Plan update. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available to be extended by the developer to the proposed lots with development in accord with UDC 11-3A-21. • “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) The applicant proposes to stub a local street to the west for future extension should the property to the west redevelop. • “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Staff finds that the existing single-family residential properties to the northwest, south, and east, as well as the church to the north and Montessori school to the west, are compatible with the proposed single-family residential development. • “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The proposed development includes one (1) access via an arterial street (N. Black Cat Rd.), and provides a stub street to the west for future redevelopment; another possible access to an arterial road (W. Cherry Ln.) is not proposed. • “Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A) The proposed development includes an approximately 28,736 square foot centrally located common area lot with a children’s playground area, picnic area and large open vegetative space for general use. • “Consistent with the Transportation and Land Use Integration Plan, require all new residential neighborhoods to provide sidewalks, curb and gutters, and complete streets.” (3.07.02B) The applicant has proposed a public roadway extending throughout the proposed development and stubbed to the west with five-foot attached sidewalks to increase vehicular and pedestrian connectivity within the proposed development and to a potential future development to the west. C. Existing Structures/Site Improvements: There is one (1) existing home on this site that is not going to be removed and is located on proposed Lot 1, Block 2. The structure proposed to remain is required to meet the setbacks of the R-8 zoning district; any additions to the lot will be subject to R-8 zoning district dimensional standards. The applicant has submitted an exhibit depicting the existing home complying with Meridian City Council Meeting Agenda September 3, 2019 – Page 21 of 84 Page 7 required R-8 dimensional standards within its proposed lot on the preliminary plat (see exhibit VII.E.) Any remaining structures aside from the home on Lot 1, Block 2 shall be removed prior to signature on the final plat by the City Engineer. D. Proposed Use Analysis: The applicant proposes to construct 41 single-family detached dwellings with one (1) existing home to remain at the northwest portion of the site (Lot 1, Block 2), with five (5) common lots. Single-family detached dwellings are listed as a principally permitted use in the R-8 zoning district per UDC Table 11-2A-2. E. Dimensional Standards (UDC 11-2): This development is subject to the R-8 zoning district dimensional standards in UDC Table 11- 2A-6 (see below). Buildable lots range in size from approximately 4,400 square feet to approximately 9,715 square feet, with an average lot size of 5,542 square feet, in accord with the UDC standard of 4,000 square feet per dwelling unit. F. Access (UDC 11-3A-3, 11-3H-4): One (1) access is proposed via N. Black Cat Rd., an arterial street; a stub street (W. White Birch Dr.) is proposed to the property to the west (parcel # S1204449100) for future extension should redevelopment occur. Meridian City Council Meeting Agenda September 3, 2019 – Page 22 of 84 Page 8 The proposed access is consistent with Comprehensive Plan action item #3.06.02D and UDC 11- 3A-3 which restricts access points on arterial streets; only one (1) access is proposed via the arterial street (N. Black Cat Rd.) and local street access is proposed to the property to the west. G. Parking (UDC 11-3C): Off-street parking is required to be provided for single-family dwellings based on the number of bedrooms per unit (i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pad) in accord with the standards listed in UDC Table 11-3C-6. Two- and three-car garages are proposed with parking pads in front of the garages in accord with UDC standards. H. Pathways ( UDC 11-3A-8): Two (2) segments of the City’s multi-use pathway system are required adjacent to N. Black Cat Rd. and adjacent to W. Cherry Ln. in accord with the Pathways Master Plan and the Comprehensive Plan (action item #5.03.01A). The current plat and landscape plan shall be modified to include the 10-foot multi-use pathway in lieu of the five-foot detached sidewalk shown. Additionally, a 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the pathway (coordinate details with Kim Warren, Park’s Dept. 208-888-3579). I. Sidewalks (UDC 11-3A-17): Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A five-foot attached sidewalk is proposed along the proposed public roads throughout the subdivision, in accord with UDC standards. A five-foot detached sidewalk is currently proposed along N. Black Cat Rd. and W. Cherry Ln.; the applicant shall revise the plat and landscape plan to depict the City’s ten-foot multi-use pathway in accord with the Pathways Master Plan and Comprehensive Plan. Coordination will also be required with ACHD to ensure the plans approved by ACHD includes the 10-foot wide multi-use pathways as required by the City. J. Landscaping (UDC 11-3B): The applicant has proposed to construct a 25-foot wide landscape buffer adjacent to W. Cherry Lane and N. Black Cat Rd., located outside of the approximately 50-foot right-of-way (ROW) for the expansion of both arterial roadways. There is approximately 5-15 additional feet that shall be improved with grass along N. Black Cat Rd. and W. Cherry Ln., until ACHD purchases it for the widening of each road. The future ROW along N. Black Cat Rd. and W. Cherry Ln. shall be improved with vegetative groundcover with a 10-foot gravel shoulder permitted, per the standards in UDC 11-3B-7C.5. Common open space areas are required to be landscaped in accord with the standards listed in UDC 11-3G-3E as proposed. The current landscape plan depicts stormwater detention within the proposed central open space lot. The applicant shall redesign their stormwater drainage system to allow for more usable open space in compliance with UDC 11-3G-3E. Stormwater swales shall be designed in accord with the standards in UDC 11-3B-11. Prior to the Commission hearing, the applicant should provide a detail of the swales to ensure there is adequate open space for residents to recreate. Mitigation is required for all existing healthy trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10C.5. The applicant shall coordinate with the City Arborist, Elroy Huff, to confirm mitigation requirements. Meridian City Council Meeting Agenda September 3, 2019 – Page 23 of 84 Page 9 K. Qualified Open Space (UDC 11-3G): A minimum of 10% (.88 acres) qualified open space is required; a total of 1.01 acres (or approximately 11.5 %) is proposed consisting of an approximately 23,000 square foot centrally located open space, a micropathway connecting north to south, and. an open water pond. The open space exhibit shows the entirety (7,190 square feet) of Lot 5, Block 1 as qualified open space; the lot includes an access pathway that does not qualify as open space. The qualified open space exhibit shall be modified to reflect UDC standards and the applicant shall demonstrate that the minimum 10% is still met. As mentioned in item J above, the applicant should redesign the stormwater swales to allow for more usable open space. L. Qualified Site Amenities (UDC 11-3G): A minimum of one (1) qualified site amenity is required; the applicant has proposed amenities from each of the three (3) categories (i.e. quality of life, recreation, and pedestrian or bicycle circulation system) as follows: a children’s play structure, segment of the multi-use pathway, and a micropathway. With the final plat application, the applicant shall submit a detail of the children’s play equipment. Staff finds that the emergency access lane located on Lot 8, Block 2 has the potential to be utilized as a micropathway should the design be revised. The access is currently depicted as a 20- foot wide asphalt drive with four-foot solid fencing on either side. The aesthetics of the access would be improved if the lot was landscaped to the standards of a micropathway, UDC 11-3B-12. In addition, this would also allow the applicant to count the lot towards the development’s qualified open space. Lot 8, Block 2 shall be widened to a total width of 30-feet. Five-feet of landscaping shall be added to either side in accord with the pathway landscaping standards of UDC 11-3B-12. The applicant shall also coordinate with the Meridian Fire Department on any specific design requirements. M. Open Water Ponds (11-3G-3B.8) An irrigation pond is proposed on Lot 5, Block 1. Aesthetically designed open water ponds may comprise up to 25% of a required open space area. The proposed pond currently measures at approximately 27% (2,400 square feet of the 8,800 square foot lot) and shall be modified to reflect UDC standards. All ponds with a permanent water level are required to have recirculated water and be maintained such that it doesn’t become a mosquito breeding ground. N. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation (PI) system is required to be provided for each lot within the development. The current proposal depicts the PI pump station within a common lot (Lot 5, Block 1). O. 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. P. Fencing (UDC 11-3A-6, 11-3A-7): Fencing is proposed within the development as depicted on the landscape plan. Six-foot tall closed vision fencing is proposed at the rear of building lots along the perimeter of the subdivision and adjacent to an existing church and subdivision to the north and Montessori school to the west. Four-foot solid vinyl fencing is proposed along the emergency access to W. Cherry Lane and to the common lots in the subdivision, in compliance with UDC standards. Meridian City Council Meeting Agenda September 3, 2019 – Page 24 of 84 Page 10 Q. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the future homes within this development. Building materials consist of stucco, hardy plank and board-and-batten siding with some stone accents (see Exhibit VII.F). Because the rear and/or sides of two-story homes will be highly visible from the arterial streets (W. Cherry Ln. and N. Black Cat Rd.), staff recommends articulation is incorporated through changes in two(2) or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 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 gross density (4.7 units/acre) of the subdivision is slightly higher that that desired in LDR designated areas; however the applicant’s request for a “step up” in density is consistent with pending Comprehensive Plan FLUM changes and is consistent with existing subdivisions in the area. Common open space and site amenities are centrally located within the development and meet the minimum required standards. For these reasons, staff recommends approval of the proposed “step up” in density and the AZ and PP applications with the requirement of a Development Agreement per the provisions in Section VIII. B. Commission: The Meridian Planning and Zoning Commission heard these items on July 18, 2019. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Jane Suggs, applicant’s representative; Michael Pearson b. In opposition: none c. Commenting: William McEwen d. Written testimony: none e. Staff presenting application: Kevin Holmes f. Other Staff commenting: Bill Parsons; Caleb Hood 2. Key issues of public testimony: a. Increase of traffic at intersection of N. Black Cat Rd. and W. Cherry Ln. b. Lack of outreach by developer to property owner directly to the west. Meridian City Council Meeting Agenda September 3, 2019 – Page 25 of 84 Page 11 3. Key issues of discussion by Commission: a. Timing of ACHD improvements to nearby roads. b. Concern over requested “step-up” in density from R-4 to R-8. c. Fencing around the open irrigation pond located at the north end of subject property, Lot 5, Block 1. d. How access would function off N. Black Cat Rd. e. Future connection between proposed stub street (W. White Birch St.) to existing stub street in Burlingame Subdivision to the west. f. ACHD and the applicant entering into a cooperative development agreement for the intersection improvements. 4. Commission changes to Staff recommendation: a. Add condition that the applicant works with the neighboring property owner (Mr. McEwen) to the west to discuss the location of the stub street to his property. The applicant shall report to staff the results of the discussion prior to City Council. b. Add condition that the applicant work with staff to include safety measures around the irrigation pond located on the north end of the property, Lot 5, Block 1. 5. Outstanding issues for City Council: a. The Commission directed the applicant to work with the neighbor to the west to discuss the best location of the stub street. These discussions were held and the applicant has submitted a revised plat (Exhibit B) which moved the stub street farther to the south. After reviewing the revised plat staff recommends changes to the conditions of approval as follows: 1. DA provision 1b. and condition of approval No. 5: replace the reference to Block 2 and replace with Block 1; and 2. Modify condition of approval No. 4: The landscape plan included in Section VII.C shall be revised in accord with the plat, dated July 28, 2019, prior to Final Plat submittal as follows: 3. Incorporate revised conditions of approval from ACHD. Meridian City Council Meeting Agenda September 3, 2019 – Page 26 of 84 Page 12 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda September 3, 2019 – Page 27 of 84 Page 13 Meridian City Council Meeting Agenda September 3, 2019 – Page 28 of 84 Page 14 Meridian City Council Meeting Agenda September 3, 2019 – Page 29 of 84 Page 15 Meridian City Council Meeting Agenda September 3, 2019 – Page 30 of 84 Page 16 B. Preliminary Plat (dated: 5/21/2019, revised 7/15/2019, revised 7/28/2019) Meridian City Council Meeting Agenda September 3, 2019 – Page 31 of 84 Page 17 C. Landscape Plan (date: 5/10/2019) Meridian City Council Meeting Agenda September 3, 2019 – Page 32 of 84 Page 18 Meridian City Council Meeting Agenda September 3, 2019 – Page 33 of 84 Page 19 D. Qualified Open Space Exhibit (7/17/2019) No longer included in open space calculations Emergency access revised to meet open space requirements, included in calculations Meridian City Council Meeting Agenda September 3, 2019 – Page 34 of 84 Page 20 E. Existing Home Exhibit Meridian City Council Meeting Agenda September 3, 2019 – Page 35 of 84 Page 21 F. Building Elevations Meridian City Council Meeting Agenda September 3, 2019 – Page 36 of 84 Page 22 Meridian City Council Meeting Agenda September 3, 2019 – Page 37 of 84 Page 23 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. 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. 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: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations included in Section VII and the provisions contained herein. b. The existing home proposed to be retained on Lot 1, Block 2 shall hook up to City water and sewer service within 60 days of it becoming available as set forth in UDC 9-1-4 and 9-4-8. The street address of this home will change as a result of this development. c. The rear and/or sides of two-story homes on Lot 11, Block 1 and Lots 7, 9-22, Block 2 that are visible from the arterial street (W. Cherry Ln. and N. Black Cat Rd.) are required to incorporate articulation through changes in two (2) 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 public street. Single-story structures are exempt from this requirement. 2. The applicant shall work with the neighboring property owner (Mr. McEwen) to the west to discuss the location of the stub street to his property and potential future cross-access. The applicant shall report back to staff the results of the discussion prior to City Council. 3. The preliminary plat included in Section VII.B, is approved as shown. shall be revised as follows: a. Depict the City’s ten-foot multi-use pathway and record a public use easement adjacent to N. Black Cat Rd. and W. Cherry Ln. in accord with the Pathways Master Plan and Comprehensive Plan. b. Lot 8, Block 2 shall be widened to a total width of 30-feet, with five-feet of landscaping on either side of the emergency access in accord with the pathway landscaping standards of UDC 11-3B-12. Meridian City Council Meeting Agenda September 3, 2019 – Page 38 of 84 Page 24 4. The landscape plan included in Section VII.C shall be revised prior to Final Plat submittal as follows: a. Modify the proposed pond to comprise a maximum of 25% of Lot 5, Block 1 in accord with UDC 11-3G-38. All ponds with a permanent water level are required to have recirculated water and be maintained such that it does not become a mosquito breeding ground in accord with UDC 11-3G-3B.8. b. Modify the stormwater drainage system to allow for more useable open space in compliance with UDC 11-3G-3E. Stormwater swales shall be designed in accord with the standards in UDC 11-3B-11. Prior to the Commission hearing, the applicant should provide a detail of the swales to ensure there is adequate open space for residents to recreate. c. Depict the City’s ten-foot multi-use pathway and record a public use easement adjacent to N. Black Cat Rd. and W. Cherry Ln. in accord with the Pathways Master Plan and Comprehensive Plan. d. Modify the emergency access to include five-feet of landscaping on either side in accord with UDC 11-3B-12. e. The applicant shall coordinate removal of any existing trees with the City Arborist, Elroy Huff, at 208-888-3579 and include a tree mitigation plan with the final plat application. f. With the submittal of the final plat application, the applicant shall provide a detail of the proposed children’s play structure. g. Add four-foot vinyl fencing and an access gate to restrict access to the open irrigation pond located on Lot 5, Block. 5. Any remaining structures outside of Lot 1, Block 2 should be removed prior to signature on the final plat by the City Engineer. 6. Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2A-5. 7. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15, UDC 11-3B-6 and MCC 9-1-28. 8. Comply with the sidewalk standards as set forth in UDC 11-3A-17. 9. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 10. Construct storm water integration facilities that meet the standards as set forth in UDC 11- 3B-11C. 11. Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 12. Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. Meridian City Council Meeting Agenda September 3, 2019 – Page 39 of 84 Page 25 13. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 14. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 15. The project is subject to all current City of Meridian ordinances. 16. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 17. The applicant shall have an ongoing obligation to maintain all pathways. 18. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 19. The applicant, property owner, and/or managing body shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 20. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 21. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 22. The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 23. The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 24. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 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 The street address of the existing home that is to remain will be changed as part of the development process. 1.3 Applicant to extend water north in Puma Ave to connect with water main in White Birch Street (assuming they snapped the water main to the centerline instead of water line in White Birch). Show water in White Birch connect to existing water main in Black Cat (currently shows connecting to sewer, again probably just snapping to the wrong line in Meridian City Council Meeting Agenda September 3, 2019 – Page 40 of 84 Page 26 CAD). An 8-inch diameter water main shall also be required through Lot 8, Block 2 to connect the development to the existing water main in W. Cherry Lane. 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 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. Meridian City Council Meeting Agenda September 3, 2019 – Page 41 of 84 Page 27 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. 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 Meridian City Council Meeting Agenda September 3, 2019 – Page 42 of 84 Page 28 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. Meridian City Council Meeting Agenda September 3, 2019 – Page 43 of 84 Page 29 C. FIRE DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/173143/Page1.aspx Meridian City Council Meeting Agenda September 3, 2019 – Page 44 of 84 Page 30 Meridian City Council Meeting Agenda September 3, 2019 – Page 45 of 84 Page 31 Meridian City Council Meeting Agenda September 3, 2019 – Page 46 of 84 Page 32 D. POLICE DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/173982/Page1.aspx Meridian City Council Meeting Agenda September 3, 2019 – Page 47 of 84 Page 33 Meridian City Council Meeting Agenda September 3, 2019 – Page 48 of 84 Page 34 E. SETTLERS IRRIGATION DISTRICT http://weblink.meridiancity.org/WebLink8/0/doc/172934/Page1.aspx F. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/WebLink8/0/doc/173963/Page1.aspx Meridian City Council Meeting Agenda September 3, 2019 – Page 49 of 84 Page 35 G. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/WebLink8/0/doc/174253/Page1.aspx H. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/WebLink8/0/doc/173131/Page1.aspx I. WEST ADA SCHOOL DISTRICT (WASD) http://weblink.meridiancity.org/WebLink8/0/doc/174251/Page1.aspx J. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/WebLink8/0/doc/173153/Page1.aspx K. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/WebLink8/0/doc/173894/Page1.aspx Meridian City Council Meeting Agenda September 3, 2019 – Page 50 of 84 Page 36 IX. FINDINGS A. Annexation and/or Rezone Findings (UDC 11-5B-3.E) 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: 1. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant proposes to annex and zone 8.79 acres of land for the development of single- family detached homes at a gross density of 4.7 units per acre. The Commission finds that the proposed map amendment complies with the provisions of the Comprehensive Plan if a “step up” in density is approved by the City Council as requested by the Applicant. (see Section VII above for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the developer. Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. 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, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services within the City. 5. The annexation is in the best of interest of the City. The Commission finds annexing the subject 8.79 acre property is in the best interest of the City if the development complies with the development agreement provisions and conditions of approval in this report. B. Preliminary Plat Findings (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: 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 Commission finds that the proposed plat is in conformance with the Comprehensive plan if the development complies with the development agreement provisions and conditions of approval in this report. (Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information.) Meridian City Council Meeting Agenda September 3, 2019 – Page 51 of 84 Page 37 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services are available and are adequate to serve the proposed development. (See Section VIII.B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Based on comments from public service providers (i.e., Police, Fire, ACHD, etc.) in Section VIII, the Commission finds there is public financial capability of supporting services for the proposed development. (See Section VIII for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD and ITD considers road safety issues in their analysis. The Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems. 6. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that exist on this site that need to be preserved. Meridian City Council Meeting Agenda September 3, 2019 – Page 52 of 84 Millbrae Subdivision Meridian City Council September 3, 2019 EIDIAN,?-� �J CITY COUNCIL REGULAR MEETING AGENDA September 3, 2019 Agenda Item Number: 8 C Item Title: Approval of Benefits Trust Agreement Meeting Notes: �J()-LC�, Apprmeci 26840.001\4848-8457-3084v2 CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST AGREEMENT City of Meridian Employee Benefits Plan Trust Agreement - 2 26840.001\4848-8457-3084v2 CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST AGREEMENT This City of Meridian Employee Benefits Plan Trust Agreement (“Trust Agreement”) is made and entered into effective ____________, 2019, by the City of Meridian. The purpose of the Trust governed by this Trust Agreement is to provide health care benefits on behalf of and for the benefit of City of Meridian employees and their Beneficiaries. NOW, THEREFORE, the undersigned hereby adopt this Trust Agreement as follows: 1. ESTABLISHMENT OF TRUST 1.1 EMPLOYER. The City of Meridian is defined as the Plan Sponsor and “Employer.” “Employer” shall include any successor corporation, and any other subsidiary, affiliate or controlled business which adopts the Plan. 1.2 ESTABLISHMENT AND NAME OF TRUST. The Employer hereby establishes an employee benefit plan trust (the “Trust”). The Trust may also be referred to as the City of Meridian Employee Benefits Plan Trust. 1.3 TRUSTEE RESPONSIBILITIES. The Trustees (i) accept the trusteeship, and (ii) declare that they will receive and hold the Fund assets as Trustees under the Trust Agreement for the uses, purposes, and trusts set forth in the Trust Agreement. 1.4 PURPOSES OF TRUST. The City of Meridian established a Benefits Plan (“Plan”) to provide for the payment of Eligible Expenses incurred by Plan Participants for certain services. The purposes of the Trust are: a. to receive, in advance, all contributions to the Plan, b. to hold, manage, invest and reinvest the Trust property and all income from the property, in accordance with the terms of this Trust, and c. to make distributions from the Trust Fund in such amounts and to such person or persons as the Plan Administrator shall direct to provide for the payment of (i) Covered Medical Expenses, (ii) Covered Dental Expenses, (iii) Covered Pharmacy Expenses (iv) Covered Vision Expenses incurred by Plan Participants. d. to be responsible for the Trust’s long-term financial stability; to make decisions within the confines of the budgeted funds, the law, and governing rules regarding such things as plan design, who are covered individuals, PEHP plan offerings, Wellness programs, and other health related programs. 1.5 EFFECTIVE DATE. The Trust shall be effective as of January 1, 2020. 1.6 PARTICIPATION IN THE TRUST. Participation in the Trust by the Employer may be discontinued by the Employer by giving thirty-one day’s advance notice in writing to the Trustees by registered certified mail at their last known address. Such discontinuation shall be effective as of the thirty-first day after the receipt of such notice by the Trustees. City of Meridian Employee Benefits Plan Trust Agreement - 3 26840.001\4848-8457-3084v2 1.7 IRREVOCABILITY OF THE TRUST. The Employer reserves no right or authority to alter, amend, revoke or terminate the transfer in Trust. 2. ADMINISTRATION AND DISPOSITION OF TRUST FUND 2.1 CLAIMS. The Trustees, or any person or persons designated by them, may (i) pass upon the validity of claims for Benefits under the Plan, and (ii) in payment of valid claims in the amounts approved, authorize payments upon the Fund. The Trustees shall not be considered the agents of the Plan Administrator. 2.2 COLLECTION. The Trustees shall (i) require all Employer and Employee Contributions to be paid in advance and that they are to be deposited in and disbursed from a Trust Fund(s) duly established under this irrevocable Trust Agreement; (ii) make any necessary refunds or adjustments, and (iii) maintain such monies in a Trust Account in the Trust Fund’s name. In order to carry out the purposes of this Trust, the Trustees (i) shall specify the exact time and manner in which the payment of Contributions to the Fund are to be made, and (ii) shall be required to notify the contributing Employer and Employees in writing of these requirements. 2.3 STATEMENT. The Plan shall furnish to each employee-beneficiary of the Plan a written statement or schedule adequately and clearly stating all benefits currently allowable under the Plan, together with all applicable restrictions, limitations, and exclusions, and the procedure for filing a claim for benefits, in accordance with Idaho Code §41-4004(1)(d). 2.4 ACTUARIALLY SOUND. The assets and income of the Trust Fund shall at all times be reasonably adequate to provide for full payment of all benefits promised to beneficiaries by the Plan and to cover all other costs of operation, in accordance with Idaho Code §41-4004(1)(e). The initial contribution rates to the Trust Fund shall be calculated by a qualified actuary and shall include a reasonable provision for adverse deviation and a reasonable contribution to the surplus. 2.5 EXPENSES, RESERVES, AND TAXES. The Trustees shall: a. pay or provide for (i) the payment of all reasonable and necessary expenses of collecting the Employer and Employee Contributions and administering the affairs of the Trust and Fund, including all expenses which may be incurred in connection with the establishment of the Trust and Fund, (ii) the employment of administrative, legal, expert and clerical assistance, and (iii) the leasing of premises and the purchase or lease of the materials, supplies and equipment which the Trustees, in their discretion, find necessary or appropriate in the performance of their duties; b. establish the following reserves: (i) a reserve in amount as certified by a member of the American Academy of Actuaries as being necessary for payment of all claims against the trust fund for benefits, including both claims reported and not yet paid and claims incurred but not yet reported; (ii) if, under the Plan, periodic contributions to the Trust Fund have been paid in advance or are payable less frequently than monthly, there shall be a reserve for unearned contributions as computed pro rata on the basis of the unexpired portion of the period for which the contribution has been paid, and (iii) if future claims payments plus future costs of operation are greater than future contributions plus current reserves, there shall be a reserve in an amount equal to future claims payments plus future costs of operation, less future contributions, less current reserves; City of Meridian Employee Benefits Plan Trust Agreement - 4 26840.001\4848-8457-3084v2 c. pay any federal, state or local tax which may be properly levied against the Fund or Benefits paid; d. establish and maintain in its Trust Fund a surplus equal to at least (i) the equivalence of three (3) months of contributions for the current year plan; or, (ii) one hundred ten percent (110%) of the difference between the total dollar aggregate stop-loss attachment point plus costs of operation and the total dollar expected contributions for the current plan year. Up to one-third of the surplus required by this Section 2.5(d) may be funded by a clean, irrevocable letter of credit, in a form acceptable to the Director of the Idaho Department of Insurance, issued in favor of the trust fund by a federally or state- chartered bank having a branch office in Idaho. Such irrevocable letter of credit cannot be guaranteed by pledge of any of the plan assets. The funding cannot be in the form of prepaid contributions or other loan or associated with an offsetting liability. 2.6 INVESTMENTS AND FINANCIAL TRANSACTIONS. All funds and assets received by the Trustees in accordance with this Trust Agreement shall be Trust Funds and shall be deposited by the Trustees in bank or banks that the Trustees designate for that purpose. All withdrawals, drafts, or checks of Trust Funds from such bank or banks shall be effective only upon the signature or countersignature of duly authorized Trustees. The Trustees may invest and reinvest any part of the Trust Fund not required for current expenditures; provided however, such investments shall be made and held in the name of the Trust Fund, and the interest and yield thereon shall inure to the account of the Trust Fund. No investment shall be made unless authorized in writing by the Trustee and so shown in the records of the Trust Fund. All investments shall be made in accordance with Idaho Code §41-4009. 2.7 TRUST LIABILITY. The Trust Fund shall be legally liable for payment of all applicable benefits stated in the statement or schedule of benefits in effect at the time a claim thereunder arises. Funds in the trust are fiduciary funds, and are not liable for any obligation of any employer participant in the plan, nor subject to garnishment or levy for the obligation of any beneficiary. All funds and moneys received by the Plan and all funds billed and paid as contributions to the Trust Fund shall be timely deposited in the trust account and shall be held in no other name than the name of the self-funded plan. 2.8 INTEREST. The Trust shall not be required to pay interest on Employer or Employee contributions to the Fund. Interest accrued on Trust funds shall remain in Trust not inconsistent with the provisions of this Agreement. 2.9 SPENDTHRIFT CLAUSE. No Trust Funds shall be: a. assigned or encumbered by any Participant; b. attached by or subjected to the interference or control of any creditor of any Participant or the Employer; or c. reached by any legal or equitable process in satisfaction of any debt or liability of any Participant prior to its actual receipt by such Participant. City of Meridian Employee Benefits Plan Trust Agreement - 5 26840.001\4848-8457-3084v2 3. TRUSTEES. 3.1 TRUSTEES. The Trust shall be administered by no less than three (3) and no more than five (5) Trustee positions. Each Trustee shall be a voting member. 3.2 INITIAL TRUSTEES. The initial Trustees are: (i) William L.M. Nary (ii) Alexander Ronald Freitag (iii) Eric Kent Strolberg (iv) Christena Ann Barney The Trustees shall be allowed to appoint ex-officio members or administrative staff as needed, upon notification to City Council. 3.3 TRUST OFFICERS. The Trustees establish the positions of Chair and Vice-Chair. The Chair and Vice-Chair shall be elected by a majority vote of the Trustees. The Chair and Vice-Chair shall be elected at the first regular Trust meeting in November of each year and shall assume the responsibilities of their positions at the meeting in which they are elected. 3.4 TERM. Each Trustee shall serve until the Trustee’s death, incapacity, resignation, removal, or separation from City employment, whichever comes first. 3.5 RESIGNATION. A Trustee may resign from all further duty or responsibility upon giving (30) thirty days’ notice in writing to the Mayor and Chair or such shorter notice as the Mayor may accept as sufficient. The notice shall state a date when the Trustee’s resignation shall take effect. The resignation shall take effect on the date specified in the notice unless a successor Trustee shall have been appointed at an earlier date, in which event the resignation shall take effect immediately upon the appointment of the successor Trustee. 3.6 REMOVAL. A Trustee may be removed from office at any time by a majority vote of the City Council, notice of which shall be sent by registered or certified mail and which shall state a date when the removal shall take effect. 3.7 SUCCESSOR TRUSTEE. In the event a Trustee is no longer able to act under the terms of this Trust Agreement, resigns, is removed or comes to the end of their term, a successor Trustee shall be appointed by action of the City Council. Until the appointment of the successor Trustee, the remaining Trustees by majority vote shall have full power to act. 3.8 POWERS OF SUCCESSOR TRUSTEE. A successor Trustee shall become vested with all the property, rights, powers, and duties of a Trustee upon (i) appointment as a successor Trustee, and (ii) acceptance by such successor Trustee of the trusteeship in a writing filed with the Trustees. 3.10 ACTION AND MEETINGS. Except as provided in section 3.7, any action taken by the Trustees under this Agreement shall the vote of a least three (3) Trustees. Any one of the Trustees may call a meeting of the Trustees at any time, in person, by telephone or by e -mail, by giving at least forty-eight (48) hours written or e-mailed notice of the time and place of the meeting to the remaining Trustees. The Trustees may conduct ministerial and administrative duties (e.g. paying legitimately City of Meridian Employee Benefits Plan Trust Agreement - 6 26840.001\4848-8457-3084v2 presented bills) by voting via e-mail, without notice, but a record of such action must be made and stored, pursuant to applicable law. 3.11 TRUST AUTHORIZATION. Any instrument in writing made by formal action of the Trustees, the Fund and the Trustees shall be bound by the signature of any two authorized Trustees. All persons, partnerships, corporations, associations, and the Plan Administrator may rely on the signature of the Trustees as duly authorizing the instrument in accordance with the Trust Agreement. 3.12 VOTING. Each Trustee shall have one vote on all matters in any meeting of the Trustees. 3.13 POWERS. The Trustees have all powers provided by the Idaho Uniform Trustee’s Powers Act, as amended, and any other statute or rule of law. In addition, the Trustees may exercise all rights or privileges granted to them by provisions of the Plan and may agree to any alteration, modification or amendment of the Plan. The Trustees will notify the City Council of any and all alterations, modifications or amendment to the Plan. Persons dealing with the Trustees shall not be required to inquire into the authority of the Trustees with regard to any dealings in connection with the Plan. 3.14 INTERPRETATION OF TRUST AGREEMENT. The Trustees shall have the power to construe the provisions of the Trust Agreement. Any construction adopted by the Trustees in good faith consistent with the provisions of the Plan shall be binding upon the Employees, the Employer, the Plan Administrator and all others claiming by or through any of them by assignment, bequest or otherwise. 3.15 COMPENSATION OF TRUSTEES. The Trustees shall serve without compensation from the Trust for services rendered in such capacity, but all reasonable expenses specifically incurred in the performance of the Trustee’s duties pursuant to this Plan shall be paid out of the Trust Funds. Trustees are governed by a fiduciary duty as imposed by State law and any applicable Federal law while incurring expenses associated with their performance as Trustees pursuant to this Plan. 3.16 PAYMENT OF ADMINISTRATIVE EXPENSES. All reasonable expenses specifically incurred in administering the Plan, including but not limited to administrative fees and expenses owing to any third party administrative service provider, actuary, consultant, accountant, specialist, or other person or organization that may be employed by the Trustee in connection with the administration of the Plan, shall be paid out of Trust assets, and, if Trust assets are insufficient, by the Employer. Trustees are governed by a fiduciary duty imposed by Federal and State law as well as the City’s Ethics Policies while incurring expenses associated with the administration of this Plan. 3.17 BYLAWS. The Trustees may promulgate such bylaws as may, in their discretion, be proper and necessary for the sound and efficient administration of the Trust. 3.18 LIABILITY. To the extent permitted by law, neither the Trustee nor any other person shall incur any personal liability for any acts or for failure to act within the scope and course of their duties as Trustees except for willful misconduct or willful breach of this Plan. 3.19 BOOKS AND RECORDS. The Trustees shall cause full and accurate records and accounts to be entered and maintained during all times of the existence of the Trust covering all financial transactions and affairs of the Trust Fund. Any audit of the Plan or Trust shall be completed City of Meridian Employee Benefits Plan Trust Agreement - 7 26840.001\4848-8457-3084v2 independently of any other entity. Within ninety (90) days after close of a fiscal year of the Plan, the Trustees shall prepare an annual statement in writing summarizing the financial transactions of the Trust Fund for such fiscal year and the financial condition of the Trust at the end of such year in accordance with the requirements I.C. §§ 41-401, et al, and with generally accepted accounting principles. The statement shall be in a form acceptable to the Director of the Idaho Department of Insurance and include such information as prescribed by the Director. The financial information included therein shall be certified by the accountant who audited such information. The Trustees shall promptly deliver a copy of the statement to Employer and keep a copy thereof on file in the business office from which the Plan is operated. Such statement shall be available for review by any Beneficiary at all reasonable times for a period of not less than three (3) years from the date of the statement. If the plan is managed by a third- party administrator, such statement shall be available at the administrative offices of the Employer. The Plan's annual statement shall be accompanied by the certified actuarial opinion described in I.C. § 41- 4010. Such annual statement shall be prepared in accordance with actuarial standard of practice no. 28. The Plan shall require that the qualified actuary retain the actuarial work papers until the Department of Insurance has filed an examination report of the Plan covering the period of the actuarial opinion but no longer than seven (7) years from the date of such opinion. On or before expiration of such ninety (90) day period the Trustees shall file an original of the annual statement and certified actuarial opinion with the Director in a form prescribed by the Director. The Trustees shall pay a filing fee as necessary. The Trustees shall also file quarterly supplemental unaudited financial reports and other periodic supplemental unaudited financial reports in a form and at the times prescribed by the Director. 3.20 BONDING. The Trustees shall obtain a fidelity bond, or coverage deemed by the Director of the Idaho Department of Insurance to be equivalent to a fidelity bond, in the name of the Plan, the purpose of which is to protect against acts of fraud and dishonesty by the Plan’s Trustees, directors, officers and employees in connection with the Trust Fund or Plan. Such bond shall be in an amount equal to the greater of ten percent (10%) of the contributions received by the Plan or ten percent (10%) of the benefits paid during the preceding calendar year. If the Plan was not in operation during the preceding calendar year, the bond shall be in an amount equal to ten percent (10%) of the contributions projected to be received by the Plan during its first year of operation. The amount of any bond required under this section shall be not less than twenty-five thousand dollars ($25,000) or more than five hundred thousand dollars ($500,000). 4. AMENDMENTS 4.1 ENTIRE AGREEMENT. This Trust Agreement constitutes the entire agreement between the undersigned Employer and the Trustees and shall not be deemed to be varied, altered or amended by any other statement, representation or agreement by or between any person or persons whomsoever, whether written, oral or implied in any way, except as provided in this Agreement. 4.2 AMENDMENT. This Agreement may be amended to any extent at any time or from time to time by the majority vote of all the Trustees then acting under this Agreement and with approval by City Council. However, no amendment shall divert the Fund as then constituted, or any part of the fund, to a purpose other than as set forth in this Agreement. 4.3 NOTICE. The Trustees shall (i) immediately notify the Employer, the claims administrator and all other interested parties of any amendment to this Agreement, and (ii) execute any instrument or instruments in connection with the Amendment. City of Meridian Employee Benefits Plan Trust Agreement - 8 26840.001\4848-8457-3084v2 5. TERMINATION OF THE TRUST 5.1 APPLICATION OF FUNDS. In the event of termination of the Trust, the Trustees shall apply the Fund to the continuation of providing Benefits and to provide for payment of reasonable and necessary expenses incurred in termination of the Fund, until the Fund is exhausted. In the event of termination, the Employer shall cause the Fund and the Employee Contributions to be carried out for the purposes of the Trust as provided in this Agreement. 5.2 DISSOLUTION. Upon termination of the Trust, the Trustees shall immediately notify the Employer and shall continue as Trustees for the purposes of dissolution and may take any action which may be appropriate or required. 5.3 TERMINATION. Upon Trustees terminating the Trust, or if the Director of the Idaho Department of Insurance upon examination finds the Trust to be insolvent where the Plan is unable to pay its obligations when due or that its assets do not exceed its liabilities, the Trustees shall proceed in a manner consistent with the law, including but not limited to Idaho Code §41-4019. 5.4 LIQUIDATION. Whether terminated by election of the Trustees or by the Director of the Idaho Department of Insurance, upon termination of the registration of the Plan, the Trust Fund shall be liquidated in accordance with Idaho Code §41-4019. 6. DEFINITIONS 6.1 BENEFITS. The term “Benefits” means the amount payable by the Plan for Covered Expenses. 6.2 CONTRIBUTIONS. The term “Contributions” means payments by the Employer or Employees to the Trustees for the purposes of the Fund as defined in Section 1.4. 6.3 COVERED EXPENSES. The term “Covered Expenses” means expenses for services that will be reimbursed in accordance with the Plan. 6.4 DEPENDENT. The term “Dependent” means a Participant other than an Employee who is an Eligible Dependent as specified in the Eligibility to Participate Section of the Plan Document. 6.5 ELIGIBLE EMPLOYEE. The term “Eligible Employee” means an individual who works for the Employer on a regular or non-regular basis in the usual course of the Employer’s business, working at least the number of hours in the Employer’s normal work week, but not less than 30 hours per week. Eligible Employees shall not include individuals compensated by commissions only, seasonal employees of less than 6 months duration, contractors, agents, employees of temporary employment agencies and all others not considered an employee of the Employer. 6.6 EMPLOYEE. The term “Employee” means any individual who is considered to be in an employer-employee relationship with the Employer and is eligible for benefits under the Plan. The term “Employee” includes “former employees” for the purpose of allowing continued eligibility for Benefits under the Plan (i) for the remainder of the month in which a Participant ceases to be employed by the Employer, or if longer, the period during which a former employee has elected to continue City of Meridian Employee Benefits Plan Trust Agreement - 9 26840.001\4848-8457-3084v2 coverage following termination of employment, as provided by the Public Health Service Act, or (ii) as allowed by the Plan. 6.7 EMPLOYER. The term “Employer” means the City of Meridian. “Employer” shall also include any successor corporation, and any other subsidiary, affiliate or controlled business which adopts the Plan. 6.8 TRUST FUND OR FUND. The term “Trust Fund” or “Fund” means the Trust estate created by this Agreement and shall consist of all funds or assets of the Trust including an y bank accounts or savings accounts or certificates together with all investments made and held by the Trustees for receipt of contributions of employer and employees and payment of or with respect to health care service for participants according to Idaho Code §41-4002. 6.9 PARTICIPANT. The term “Participant” means any Employee or Dependent who has met the eligibility requirements set forth in the Plan and who, in a timely manner, has made all required contributions. 6.10 PLAN. The term “Plan” means the City of Meridian Employee Benefits Plan established by the employer as of January 1, 2020, and any subsequent Amendments. 6.11 PLAN ADMINISTRATOR. The term “Plan Administrator” means the person or firm appointed by the Trustees who has the authority and responsibility to manage and direct the administration and/or payment of claims for the Plan. The Plan Administrator must be licensed and bonded as an administrator pursuant to chapter 9, title 41, Idaho Code. 6.12 PLAN YEAR. The term “Plan Year” means the period beginning on the Effective Date and ending on December 31, 2020, and the 12-month period ending on each December 31 thereafter. 6.13 TRUSTEES. The term “Trustees” means the persons designated as Trustees in this Trust Agreement together with their successors are the Trustees of this Trust Fund according to Idaho Code §41-4002(19). 7. MISCELLANEOUS PROVISIONS 7.1 PAYROLL INFORMATION. The Employer shall promptly furnish to the Trustees on demand such payroll information and data with respect to the individual Employees benefiting from this Agreement that the Trustees may require in connection with the administration of the Trust and the Plan. Payroll information and data shall be limited in nature to matters such as name, classification, social security number, amount of wages paid and hours worked. The Trustees, or their authorized representatives, may examine the pertinent payroll records of the Employer with respect to the individual Employees benefiting from this Agreement whenever an examination is deemed necessary or advisable by the Trustees in connection with the proper administration of the Trust and the Plan. 7.2 PARTICIPANT CLAIMS. No Participant, nor any person claiming by or through a Participant, Employer, person, partnership, corporation or association, nor any person entity claiming by or through any one of them by reason of assignment, bequest or any other means shall have any right, title or interest in the Fund or any part of the Fund. However, any participant who is actually covered by a Plan is entitled, subject to the terms and conditions of the Plan, to the benefits provided under the City of Meridian Employee Benefits Plan Trust Agreement - 10 26840.001\4848-8457-3084v2 Plan in the amount and to the extent provided in the Plan. Each employee/beneficiary of the Plan will be provided with a written statement or schedule adequately and clearly stating all benefits currently allowable under the Plan together with all applicable restrictions, limitations and exclusions, and the procedure for filing a claim for benefits. 7.3 THIRD PARTIES. No person, partnership, corporation or association dealing with the Trustees shall be required (i) to see to the application of any funds or property of the Trust, (ii) to see that the terms of the Trust have been complied with, or (iii) to inquire into the necessity or expediency of any act of the Trustees. Every instrument effected by the Trustees shall be conclusive in favor of any person, partnership, corporation relying on such instrument that: a. at the time of the delivery of the instrument the Trust was in full force and effect; b. the instrument was effected in accordance with the terms and conditions of this Agreement; and c. the Trustees were duly authorized and empowered to execute the instrument. 7.4 PARTIES TO AGREEMENT. No person or entity other than the Trustees or their lawful successors and the Employer shall be considered a party to this Trust Agreement. 8. SITUS AND CONSTRUCTION OF TRUST 8.1 SITUS. The Trust is accepted by the Trustees in the State of Idaho and all questions pertaining to its validity, construction and administration shall be determined in accordance with laws of that State. 8.2 GOVERNING LAW, JURISDICTION, AND VENUE. This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County, Idaho is the proper venue. 8.3 SEVERABILITY. The invalidity of any portion of this Agreement, as determined by a court of competent jurisdiction, shall not affect the validity of any other portion of this Agreement. Now, therefore, this Trust Agreement is effective as of the date first set forth above: CITY OF MERIDIAN Date: By: Date: Date: Date: Date: INITIAL TRUSTEES: William Lloyd Mossman Nary Alexander Ronald Freitag Eric Kent Strolberg Christena Ann Barney City of Meridian Employee Benefits Plan Trust Agreement - 11 26840.001\4848-8457-3084v2 CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST BYLAWS i TABLE OF CONTENTS ESTABLISHMENT AND PURPOSES OF THE TRUST .............................................1 AUTHORIZATION ................................................................................................................................... 1 PURPOSES OF TRUST ............................................................................................................................. 1 TRUST MEMBERSHIP ...................................................................................................1 TRUSTEE POSITIONS ............................................................................................................................. 1 RESIGNATION ......................................................................................................................................... 1 REMOVAL ................................................................................................................................................ 2 SUCCESSOR TRUSTEE ........................................................................................................................... 2 POWERS OF SUCCESSOR TRUSTEE .................................................................................................... 2 SUBCOMMITTEES .................................................................................................................................. 2 COMPENSATION OF TRUSTEE ............................................................................................................ 2 TRUSTEE LIABILITY .............................................................................................................................. 2 TRUSTEE RESPONSIBILITIES ....................................................................................3 TRUSTEE RESPONSIBILITIES ............................................................................................................... 3 TRUSTEE CLAIMS .................................................................................................................................. 3 COLLECTION ........................................................................................................................................... 3 EXPENSES, RESERVES, AND TAXES .................................................................................................. 3 INVESTMENTS ........................................................................................................................................ 4 TRUST POWERS ...................................................................................................................................... 4 INTERPRETATION OF TRUST AGREEMENT ..................................................................................... 4 BOOKS AND RECORDS.......................................................................................................................... 4 TRUST AUTHORIZATION ...................................................................................................................... 5 TRUST OFFICERS ...........................................................................................................5 CHAIR AND VICE-CHAIR ELECTIONS ............................................................................................... 5 CHAIR RESPONSIBILITIES .................................................................................................................... 5 VICE-CHAIR RESPONSIBILITIES ......................................................................................................... 6 CHAIR AND VICE-CHAIR TERMS ........................................................................................................ 6 MEETINGS ........................................................................................................................6 REGULAR AND SPECIAL MEETINGS ................................................................................................. 6 MEETING DATES .................................................................................................................................... 6 TRUSTEE MEETING LOCATION .......................................................................................................... 7 EXECUTIVE SESSIONS .......................................................................................................................... 7 AGENDA PREPARATION AND FORMAT .................................................................7 AGENDA PREPARATION ....................................................................................................................... 7 AGENDA FORMAT .................................................................................................................................. 7 ORDERLY CONDUCT OF MEETINGS .................................................................................................. 8 QUORUM .................................................................................................................................................. 8 VOTING ..................................................................................................................................................... 8 RULES OF ORDER ................................................................................................................................... 8 MINUTES .................................................................................................................................................. 9 PUBLIC PARTICIPATION AT TRUST MEETINGS .............................................................................. 9 ROLES AND RESPONSIBILITIES ..............................................................................10 MAYOR AND CITY COUNCIL ..............................................................................................................10 EMPLOYEE UNIONS ..............................................................................................................................10 CITY EMPLOYEES .................................................................................................................................11 ADMINISTRATIVE SUPPORT...............................................................................................................11 OUTSIDE CONSULTANTS ....................................................................................................................11 AMENDING BY-LAWS .................................................................................................12 EXHIBIT A.......................................................................................................................13 1 1. ESTABLISHMENT AND PURPOSES OF THE TRUST 1.1 AUTHORIZATION. The City of Meridian adopted by a majority vote of the City Council at its regularly scheduled meeting of September 3, 2019, creating a City of Meridian Employee Benefits Plan Trust and approving the City of Meridian Employee Benefits Plan Trust Agreement (“Trust Agreement”), attached hereto as Exhibit A. The defined terms contained in these Bylaws have the same meaning as those same defined terms in the Trust Agreement. These Bylaws are created pursuant to section 3.17 of the Trust Agreement, which authorizes the Trustees to “promulgate such rules and regulations as may, in their discretion, be proper and necessary for the sound and efficient administration of the Trust.” The effective date of the Trust is January 1, 2020. 1.2 PURPOSES OF TRUST. The City of Meridian established a Benefits Plan (“Plan”) to provide for the payment of Eligible Expenses incurred by Plan Participants for certain services. The purposes of the Trust are: a. to receive, in advance, all contributions to the Plan, b. to hold, manage, invest and reinvest the Trust property and all income from the property, in accordance with the terms of this Trust, and c. to make distributions from the Trust Fund in such amounts and to such person or persons as the Plan Administrator shall direct to provide for the payment of (i) Covered Medical Expenses, (ii) Covered Dental Expenses, (iii) Covered Pharmacy Expenses (iv) Covered Vision Expenses incurred by Plan Participants. d. to be responsible for the Trust’s long-term financial stability; to make decisions within the confines of the budgeted funds, the law, and governing rules regarding such things as plan design, who are covered individuals, PEHP plan offerings, Wellness programs, and other health related programs. 2. TRUST MEMBERSHIP 2.1 TRUSTEE POSITIONS. The Health Insurance Trust is comprised of three to five voting members, primarily, but not limited to, Benefits Committee personnel. 2.2 TERM. All Trustees will serve until the Trustee’s death, incapacity, resignation, removal, or separation from City employment, whichever comes first. 2.3 RESIGNATION. A Trustee may resign from all further duty or responsibility upon giving (30) thirty days notice in writing to the Mayor and Chair or Vice-Chair or such shorter notice as the Mayor may accept as sufficient. The notice shall state a date when the Trustee’s resignation shall take effect. The resignation shall take 2 effect on the date specified in the notice unless a successor Trustee shall have been appointed at an earlier date, in which event the resignation shall take effect immediately upon the appointment of the successor Trustee. (Trust Agreement 3.5). 2.4 REMOVAL. A Trustee may be removed from office at any time by a majority vote of the City Council, notice of which shall be sent by registered or certified mail and which shall state a date when the removal shall take effect. (Trust Agreement 3.6). 2.5 SUCCESSOR TRUSTEE. In the event a Trustee is no longer able to act under the terms of this Trust Agreement, resigns, is removed or comes to the end of their term, a successor Trustee shall be appointed by the City Council. The Mayor, by signed written notice, shall transmit such appointments to the City Council for approval. Until the appointment of the successor Trustee, the remaining Trustees by majority vote shall have full power to act. 2.6 POWERS OF SUCCESSOR TRUSTEE. A successor Trustee shall become vested with all the property, rights, powers, and duties of a Trustee upon (i) appointment as a successor Trustee, and (ii) acceptance by such successor Trustee of the trusteesh ip in a writing filed with the Trustees. (Trust Agreement 3.9). 2.7 SUBCOMMITTEES. The Trust may determine that a subcommittee or subcommittees are necessary to effectively conduct the business of the Trust. The subcommittees shall be organized on an as needed basis and may be temporary or permanent. The role of the subcommittee is to study, review, and make recommendations to the full Trust concerning policy, issues, or situations before the Trust. 2.8 COMPENSATION OF TRUSTEES. The Trustees shall serve without compensation from the Trust for services rendered in such capacity, but all reasonable expenses specifically incurred in the performance of the Trustee’s duties pursuant to this Plan shall be paid out of Trust Funds. Trustees are governed by fiduciary duties as imposed by State law and any applicable Federal law while incurring expenses associated with their performance as Trustees pursuant to this Plan. 2.9 TRUSTEE LIABILITY. To the extent permitted by law, neither the Trustee nor any other person shall incur any personal liability for any acts or for failure to act within the scope and course of their duties as Trustees except for willful misconduct or willful breach of this Plan. 3 3. TRUSTEE RESPONSIBILITIES 3.1 TRUSTEE RESPONSIBILITIES. The Trustees (i) accept the trusteeship, and (ii) declare that they will receive and hold the Fund assets as Trustees under the Trust Agreement for the uses, purposes, and trusts set forth in the Trust Agreement. 3.2 VALIDITY OF CLAIMS. The Trustees, or any person or persons designated by them, may (i) pass upon the validity of claims for Benefits under the Plan, and (ii) in payment of valid claims in the amounts approved, authorize payments upon the Fund. The Trustees shall not be considered the agents of the Plan Administrator. 3.3 COLLECTION. The Trustees shall (i) require all Employer and Employee Contributions to be paid in advance and that they are deposited and disbursed from a Trust Fund(s) duly established under the irrevocable Trust Agreement; (ii) make any necessary refund or adjustments, and (iii) maintain such monies in a Trust Account in the Trust Fund’s name. In order to carry out the purposes of this Trust, the Trustees (i) shall specify the exact time and manner in which the payment of Contributions to the Fund are to be made, and (ii) shall be required to notify the contributing Employers and Employees in writing of these requirements. 3.4 EXPENSES, RESERVES, AND TAXES The Trustees shall: a. pay or provide for (i) the payment of all reasonable and necessary expenses of collecting the Employer and Employee Contributions and administering the affairs of the Trust and Fund, including all expenses which may be incurred in connection with the establishment of the Trust and Fund, (ii) the employment of administrative, legal, expert and clerical assistance, and (iii) the leasing of premises and the purchase or lease of the materials, supplies and equipment which the Trustees, in their discretion, find necessary or appropriate in the performance of their duties; b. establish the following reserves: (i) a reserve in amount as certified by a member of the American Academy of Actuaries as being necessary for payment of all claims against the trust fund for benefits, including both claims reported and not yet paid and claims incurred but not yet reported; (ii) if, under the Plan, periodic contributions to the Trust Fund have been paid in advance or are payable less frequently than monthly, there shall be a reserve for unearned contributions as computed pro rata on the basis of the unexpired portion of the period for which the contribution has been paid, and (iii) if future claims payments plus future costs of operation are greater than future contributions plus current reserves, there shall be a reserve in an amount equal to future claims payments plus future costs of operation, less future contributions, less current reserves; c. pay any federal, state or local tax which may be properly levied against the Fund or Benefits paid; d. establish and maintain in its Trust Fund surplus equal to at least (i) the equivalence of three (3) months of contributions for the current year plan; or, (ii) one 4 hundred ten percent (110%) of the difference between the total dollar aggregate stop -loss attachment point plus costs of operation and the total dollar expected contributions for the current plan year. Up to one-third of the surplus required by this Section 2.5(d) may be funded by a clean, irrevocable letter of credit, in a form acceptable to the Director of the Idaho Department of Insurance, issued in favor of the trust fund by a federally or state - chartered bank having a branch office in Idaho. Such irrevocable letter of credit cannot be guaranteed by pledge of any of the plan assets. The funding cannot be in the form of prepaid contributions or other loan or associated with an offsetting liability. 3.5 INVESTMENTS. All funds and assets received by the Trustees in accordance with this Trust Agreement shall be Trust Funds and shall be deposited by the Trustees in bank or banks that the Trustees designate for that purpose. All withdrawals, drafts, or checks of Trust Funds from such bank or banks shall be effective only upon the signature or countersignature of duly authorized Trustees. The Trustees may invest and reinvest any part of the Trust Fund not required for current expenditures; provided however, such investments shall be made and held in the name of the Trust Fund, and the interest and yield thereon shall inure to the account of the Trust Fund. No investment shall be made unless authorized in writing by the Trustee and so shown in the records of the Trust Fund. All investments shall be made in accordance with Idaho Code §41-4009. 3.6 TRUST POWERS. The Trustee has all powers provided by the Idaho Uniform Trustee’s Powers Act, as amended, and any other statute or rule of law. In addition, the Trustees may exercise all rights or privileges granted to them by provisions of the Plan and may agree to any alteration, modification or amendment of the Plan. The Trustees will notify the City Council of any and all alterations, modifications or amendment to the Plan. Persons dealing with the Trustees shall not be required to inquire into the authority of the Trustees with regard to any dealings in connection with the Plan. 3.7 INTERPRETATION OF TRUST AGREEMENT. The Trustees shall have the power to construe the provisions of the Trust Agreement. Any construction adopted by the Trustees in good faith consistent with the provisions of the Plan shall be binding upon the Employees, the Employer, the Plan Administrator and all others claiming by or through any of them by assignment, bequest or otherwise. 3.8 BOOKS AND RECORDS. The Trustees shall cause full and accurate records and accounts to be entered and maintained during all times of the existence of the Trust covering all financial transactions and affairs of the Trust Fund. Any audit of the Plan or Trust shall be completed independently of any other entity. Within ninety (90) days after close of a fiscal year of the Plan, the Trustee shall prepare an annual statement in writing summarizing the financial transactions of the Trust Fund for such fiscal year and the financial condition of the Trust at the end of such year in accordance with the requirements I.C. §§ 41-401, et al, and with generally accepted accounting principles. The statement shall be in a form acceptable to the Director of the Idaho Department of Insurance and include such information as prescribed by the Director. The financial information included therein shall be certified by the accountant who audited such information. The Trustee shall promptly deliver a copy of the statement to Employer and keep a copy thereof on file in 5 the business office from which the Plan is operated. Such statement shall be available for review by any Beneficiary at all reasonable times for a period of not less than three (3) years from the date of the statement. If the plan is managed by a third-party administrator, such statement shall be available at the administrative offices of the Employer. The Plan's annual statement shall be accompanied by the certified actuarial opinion described in I.C. § 41-4010. Such annual statement shall be prepared in accordance with actuarial standard of practice no. 28. The Plan shall require that the qualified actuary retain the actuarial work papers until the Department of Insurance has filed an examination report of the Plan covering the period of the actuarial opinion but no longer than seven (7) years from the date of such opinion. On or before expiration of such ninety (90) day period the Trustee shall file an original of the annual statement and certified actuarial opinion with the Director in a form prescribed by the Director. The Trustee shall pay a filing fee as necessary. The Trustee shall also file quarterly supplemental unaudited financial reports and other periodic supplemental unaudited financial reports in a form and at the times prescribed by the Director. 3.9 TRUST AUTHORIZATION. Any instrument in writing made by formal action of the Trustees, the Fund and the Trustees shall be bound by the signature of any two authorized Trustees. All persons, partnerships, corporations, associations, and the Plan Administrator may rely on the signature of the Trustees as duly authorizing the instrument in accordance with the Trust Agreement. 4. TRUST OFFICERS 4.1 CHAIR AND VICE-CHAIR ELECTIONS. The Trustees establish the positions of Chair and Vice-Chair. The Chair and Vice-Chair shall be elected by a majority vote of the Trustees. The Chair and Vice-Chair shall be elected at the first regular Trust meeting of the applicable year and shall assume the responsibilities of their positions at the meeting in which they are elected. 4.2 CHAIR RESPONSIBILITIES. The Chair is responsible for the following duties: a. Set the agenda for the quarterly trustee meetings. b. Preside over the monthly or scheduled trustee meetings. c. Announce the business before the trustees in the order in which it is to be acted upon. d. State and put to vote all questions which are regularly moved or necessarily arise in the course of proceedings and to announce the result of the vote. e. Enforce on all occasions the observance of order and decorum among the trustees. f. Decide all questions of order (subject to appeal to the committee by any two members) and to inform the trustees when necessary, or when referred to for the purpose, on a point of order or practice. 6 g. Authenticate, by signature, when necessary, all the acts, orders, and proceedings of the Trust and in general to represent and stand for the Trust declaring its will in all things obeying its commands. h. Ensure effective operation of the Trust and its committees in conformity with the highest standards of governance. i. Ensure effective communication with stakeholders, which include City Council, Mayor and employees, as well as other relevant constituencies and that the views of these groups are understood by the Trust. This includes presenting information to Council and other groups as needed. j. Set the agenda, style and tone of Trust discussions to promote constructive debate and effective decision making. k. Ensure all sub-committees are properly established, composed and operated. l. Prepare an annual report for the City Council. 4.3 VICE-CHAIR RESPONSIBILITIES. The Vice-Chair will perform the Chair’s responsibilities at the Chair’s request or absence. 4.4 CHAIR AND VICE-CHAIR TERMS. The Chair and Vice-Chair will serve two-year terms and will be selected by majority vote of the Trustees. The Chair and Vice- Chair can be removed from their respective positions by majority vote of the Trustees. Trustees can be appointed consecutively to an Officer position. 5. MEETINGS 5.1 REGULAR AND SPECIAL MEETINGS. The Trustees shall transact all business at official meetings of the Trustees. These may be either regular or special meetings, defined as follows: a. Regular Meeting – A regular Trustee meeting is the usual, official legal- action meeting, scheduled and held regularly. b. Special Meeting – A special Trustee meeting is an official legal-action meeting called between regular meetings to consider specifically identified topics. Every Trust meeting shall be open to the public except as provided for by Idaho law and shall be called to order by the Chair, or in the Chair’s absence, by the Vice-Chair. Trust meetings shall be posted in accordance with Idaho law. 5.2 MEETING DATES a. Regular Meetings. There shall be a regular meeting of the Trustees held on a quarterly basis. A regular meeting may be rescheduled or canceled by agreement of a majority of Trustees. b. Special Meetings. Any one Trustees may call a special meeting of the Trustees at any time, in person, by telephone or by e-mail, by giving at least forty-eight 7 (48) hours written or e-mailed notice of the time and place of the meeting to the remaining Trustees. The Trustees may conduct ministerial and administrative duties by voting via e- mail, without notice, but a record of such action must be made and stored, pursuant to applicable law. 5.3 TRUSTEE MEETING LOCATION The regular Trustee meeting will be held at Meridian City Hall or in another designated location. 5.4 EXECUTIVE SESSIONS. The Trustees may conduct executive sessions that are closed to the public after the following requirements have been followed: a. The Trustees have first been convened in an open meeting. b. The executive session is authorized by a roll call vote in open session. c. The executive session is authorized under the provisions of Idaho law. The Trustees shall reconvene the open meeting after an executive session prior to adjourning the meeting. 6. AGENDA PREPARATION AND FORMAT 6.1 AGENDA PREPARATION. a. Regular Meetings: The Chair is responsible for placing all items on the agenda of regular meetings. The Chair or Trustees, depending on the agenda item, are responsible for providing the back-up material for each agenda item and for bringing to the attention of the Chair items to be included on the agenda at future Trustee meetings. The agenda and accompanying supporting material shall be distributed to Trustees by 5:00 p.m. on the Friday prior to the scheduled Trustee meeting except in emergency or special situations. Copies of the agenda are available to the media, public and staff. b. Special Meetings. Whenever possible, the procedures for agenda preparation and dissemination used for regular meetings will be used for special meetings. c. These procedures may be altered by the Chair during an emergency or when compliance would be impractical. However, the Chair shall comply with all legal requirements when scheduling meetings and preparing the agenda. 6.2 AGENDA FORMAT. The Trustees shall follow the order of business set up by the agenda unless the order is altered at the discretion of the Chair. For regular Trustee meetings, the following format is used: 8 a. Call to order, roll call b. Approval of minutes c. Consent grouping d. Reports e. Action Items f. Discussion Items g. Public Participation h. Adjournment A notice of executive session and the need to reconvene to regular meeting will be included as necessary. The consent grouping on the agenda is used for those items which usually do not require discussion or explanation as to the reason for Trustee action. Any Trustee may require the withdrawal of any item under the consent grouping for independent consideration. Consent agenda items may be removed for discussion and debate by any Trustee by notifying the Chair twenty-four (24) hours before the regular Trustee meeting, or by a majority of the Trustees present at the meeting. 7. MEETING PROCEDURES 7.1 ORDERLY CONDUCT OF MEETINGS. The Chair is responsible for the orderly conduct of Trust meetings and shall rule on such matters as the time to be allowed for public discussion, the appropriateness of the subject being presented, and the suitability of the time for such a presentation. All such rulings are subject to review by the Trustees at a subsequent meeting, properly noticed, as long as the matter is included on the agenda. 7.2 QUORUM. A quorum is defined as at least three (3) Trustees. In the event that a quorum is not present within fifteen (15) minutes after the scheduled start time, the meeting may be canceled and another meeting may be scheduled with due and proper notices in accordance with these rules. 7.3 VOTING. Votes on all motions shall be by ayes and nays. No secret ballots shall be used. Each Trustee shall have one vote on all matters in any meeting of the Trustees. Any action taken by the Trustees shall be taken by the vote of not less than three (3) Trustees. Motions will be recorded accurately. If there is any ambiguity, the Chair will seek clarification of the motion. The Chair or any Trustee may call for a roll call vote. Unless such vote is called for, action may be taken by voice vote in which event, unless a Trust member expresses that he/she is abstaining from voting or voices a dissenting vote, members will be presumed to have voted for passage of the motion and their votes will be so recorded. 7.4 RULES OF ORDER. The Trustees prescribe rules for its meetings as follows: a. The Trust shall hold a regular quarterly meeting and may hold other meetings as often as called. The Trust may also cancel scheduled meetings. 9 b. Each action item shall require a motion, and all motions shall require seconding. c. The Chair may make or second motions, and may vote on all motions. d. A motion to adjourn is in order at any time. Such a motion shall require a second and a majority vote. No discussion is in order. e. A motion to table is in order at any time. Such a motion requires a second and is limited to being considered only once on any given agenda item. No discussion is in order. f. Rules of order may be subject to suspension only upon a majority vote of the members of the Trust present at a meeting. g. In matters of procedure not covered by law or policy, the Trustees shall be guided by Roberts’ Rules of Order. h. During Trustee meetings, Trustees will turn off or silence cell phones. i. Trust meetings will start and end on time. j. Trustees will arrive on time or notify the Chair if they will be late to a Trust meeting. k. Trustees will arrive prepared to conduct Trust business at Trust meetings. l. Trustees will avoid sidebars, will support Trust decisions, will treat each other as colleagues, and will assume good intentions. 7.5 MINUTES. Minutes shall be kept of all regular and special Trust ee meetings. Complete written minutes of each Trustee meeting are available for public review in Human Resources. The minutes for the most recent Trustee meeting will be available for review on the day that the agenda and supporting documentation is sent to Trustees in preparation for the next regularly scheduled Trustee meeting. The Trustees will take action at a subsequent meeting to amend and/or approve minutes. Minutes of regular or special meetings will be distributed to all Trustees prior to the next meeting. The Trust Secretary shall keep a written record of those Trustees present and those absent at all official Trustee meetings. The Trust Secretary shall also keep an official written record of all proceedings and actions of the Trust. The Trustees may vote to audio or video record minutes of any or all meetings. 7.6 PUBLIC PARTICIPATION AT TRUST MEETINGS. All regular and special meetings of the Trustees shall be open to the public. As part of each agenda, there will be an opportunity for public participation. The Trustees desire to hear viewpoints of City employees and consider the responsible presentation of these viewpoints vital to the efficient operation of the Trust. The Trust also recognizes its responsibility to conduct its business in an orderly and efficient manner. The Trust therefore establishes the following procedures: a. The Chair shall be responsible for recognizing speakers, maintaining proper order, and adherence to any time limit set. The Trustees may not discuss, consider or make decisions on any matter not on the agenda. However, questions asked by a public participant will be answered in writing within fifteen (15) working days if feasible by the 10 Chair or designee. Questions requiring investigation may take longer to respond to; however, the public participant will be notified of the delay. b. If considered necessary, the Chair shall set a time limit on the length of the comment period. The comments of each speaker shall be no more than three (3) minutes per topic unless the speaker requests additional time and unless the time limit is waived by the Chair. Trustees may ask for clarification or make comments in response to the speaker's remarks but shall not enter into deliberation or debate. Interruptions, defamatory remarks or other interference with the orderly conduct of Trustee business will not be permitted. The Chair shall terminate the speaker's privilege if, after being called to order, the improper conduct or remarks persist. c. Public participants shall not be recognized by the Chair while the Trustees conduct its official business. d. Individuals that want to address the Trust will sign up to do so at the beginning of each Trust meeting and will indicate the topic they will be addressing. 8. ROLES AND RESPONSIBILITIES Within the confines of applicable laws and City policies and regulations, the Trustees define their role and responsibilities with the following groups. 8.1 MAYOR AND CITY COUNCIL Within the confines of the law, the Council established the health insurance trust and appointed Trustees. Pursuant to the Trust Agreement, the Trustees serve at the pleasure of the Council. The City Council is responsible for deciding if the City offers its employees health insurance and health related benefits. Based on this decision, the Trustees make budget requests to the Council who has sole discretion in determining the Trust’s budget and appropriating approved budget amounts. Additionally, the Council decides premium allocation between the employer and employees. This decision may be made upon recommendation from a designated group or committee. Once budget funds are allocated, the Trustees are responsible for long term financial stability; for making decisions within the confines of the budgeted funds; the law, and governing rules regarding such things as plan design, who are covered individuals, PEHP plan offerings, Wellness programs, and other health related programs. 8.2 EMPLOYEE UNIONS. The Trustees are not a negotiating body and consequently do not negotiate with employee unions. The Trustees are responsible for overall premium establishment. Unions have the opportunity to give input regarding member’s health related needs and desires, plan design, coverage, offerings, etc. The Trustees consider union requests relating to plan design, coverage, offerings, etc. The Trustees serve as a source of information for the unions on health-related issues. 11 8.3 CITY EMPLOYEES. The Trustees have a fiduciary responsibility to maintain a financially sound Trust Fund. The Trustees will coordinate with the Benefits Committee as to plan design and benefits options. Trustees are responsible for communicating with employees the components of the Employee Benefits Plan and educating employees about health care options. The Trustees will use established communication processes or will create others as needed. The Trustees will encourage employees to use established communication processes. Employees are responsible for communicating their concerns and preferences for all health care related issues through appropriate groups such as WBT, EAC, and the Wellness Committee or through individual Trustees. 8.4 ADMINISTRATIVE SUPPORT. The Trustees provide direction to Human Resources related to Trust functions. The Trustees propose programs, costs, and budget, and are responsible for budget related to functions of the Trust. Human Resources is responsible for providing the following support to the Trust: secretarial support, subject matter expertise, liaison with consultants/contractors, providing financial reports, completing financial transactions, underwriting analysis with benefits consultant (evaluate numbers from the third-party administrator), regulatory compliance, administration of benefits, advising employees, liaison with State Department of Insurance. Trustees will prepare a budget for the Department of Finance to incorporate into the City’s overall budget. Trustees control and administer the Trust budget. The Trust/Trustees should be treated like a department in the budget process. 8.5 OUTSIDE CONSULTANTS. The term “Outside Consultants” is broadly defined to include the benefit consultant, third party administrator, actuary, external auditor, etc. Regarding the benefit consultant, they are responsible for: a. Plan Benchmarking b. Financial Analysis c. Renewal Analysis d. Assist with vendor relationships, as requested e. Assist with employee advocacy/problem resolution, as requested f. Contract reviews, as requested g. Attend Health Plan Trustee meetings, as requested h. Advise on legal compliance to include COBRA, HIPAA, Medicare, etc. i. Benefit Plan Consulting j. Employee Information Meetings k. Attending City Council Meetings 12 9. AMENDMENT. These Bylaws may be amended at any regular meeting of the Trustees by a majority vote of the voting membership of the Trust. The Chair shall report any amendments to the Bylaws to the Mayor and City Council. These Bylaws are adopted on this ____ day of ________, 20____ by the undersigned Trustees. INITIAL TRUSTEES: ____________________________________ William Lloyd Mossman Nary ____________________________________ Alexander Ronald Freitag ____________________________________ Eric Kent Strolberg ____________________________________ Christena Ann Barney 13 EXHIBIT A Trust Agreement See attached. EIDIANIZ?- � J CITY COUNCIL REGULAR MEETING AGENDA September 3, 2019 Agenda Item Number: 9 A Item Title: Ordinance No. 19-1847: An Ordinance Of The City Of Meridian, Idaho Amending Ordinance No. 18-1790, The Appropriation Ordinance For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019 (FY2019), Appropriating Monies That Are To Be Allocated By The City Of Meridian, Idaho In The Sum Of $(10,196,651); And Providing An Effective Date. 9 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: Chris J ohnson Estimated Time for P res entatio n: 3 minutes Title of Item - Ordinance N o. 19-1847: An Ordinance Of The City Of Meridian, Idaho Amending Ordinance No. 18-1790, The Appropriation Ordinance F or The F iscal Year B eginning October 1, 2018 And E nding S eptember 30, 2019 (F Y2019), Appropriating Monies That Are To B e Allocated By The City Of Meridian, Idaho In The S um Of $(10,196,651); And Providing An E ffective Date. F Y19 Bud get Amendment O rd inance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F Y 19 Budget Amendment ordinance Ordinance 8/27/2019 F Y 19 Budget Amendment Ord Summary Ordinance 8/27/2019 RE V I E WE RS : Department R eviewer Action D ate L egal.Weatherly, A drienne Approved 8/27/2019 - 4:15 P M L egal.A lbertson, Michelle Approved 8/29/2019 - 11:26 A M Meridian City Council Meeting Agenda September 3, 2019 – Page 53 of 84 AMENDMENT TO BUDGET ORDINANCE NO. 18-1790 – FY 2019 Budget - Page 1 of 6 CITY OF MERIDIAN ORDINANCE NO. 19-1847 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE NO. 18-1790, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019 (FY2019), APPROPRIATING MONIES THAT ARE TO BE ALLOCATED BY THE CITY OF MERIDIAN, IDAHO IN THE SUM OF $(10,196,651); AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO: Section 1. That Ordinance No. 18-1790, the appropriation ordinance for the City of Meridian, Idaho, for the fiscal year commencing October 1, 2018 and ending September 30, 2019 be and the same is hereby amended as follows: Capital Improvement Fund - 55 FY2019 FY2019 FY2019 Original Budget Amendments Final Budget Revenues Total Revenue $ 2,000 $ - $ 2,000 Expenditures Operating Administration $ - $ - Fire $ - $ - Police $ - $ - Parks $ - $ - Total Operating $ - $ - $ - Capital Administration $ - $ 0 $ 0 Fire $ - $ - Police $ - $ - Parks $ - $ - $ - Total Capital $ - $ 0 $ 0 Carryforward - Operating Administration $ - Fire $ - Police $ - Parks $ - Carryforward - Operating $ - $ - $ - Carryforward - Capital Administration $ 11,953 $ (1,600) $ 10,353 Fire $ - Police $ - Meridian City Council Meeting Agenda September 3, 2019 – Page 54 of 84 AMENDMENT TO BUDGET ORDINANCE NO. 18-1790 – FY 2019 Budget - Page 2 of 6 Parks $ 3,000,000 $ - $ 3,000,000 Carryforward - Capital $ 3,011,953 $ (1,600) $ 3,010,353 Total Carryforward $ 3,011,953 $ (1,600) $ 3,010,353 Total Expenditures $ 3,011,953 $ (1,600) $ 3,010,353 Transfers $ (154,040) $ - $ (154,040) Total Expenditures with Transfers $ 2,857,913 $ (1,600) $ 2,856,313 (Use)/Addition of Fund Balance $ (2,855,913) $ 1,600 $ (2,854,313) Enterprise Fund - 60 - 65 FY2019 FY2019 FY2019 Original Budget Amendments Final Budget Revenues Water/Sewer Sales $ 24,798,200 $ 24,798,200 Other Sources $ 13,385,020 $ 13,385,020 Total Revenue $ 38,183,220 $ - $ 38,183,220 Expenditures Personnel Utility Billing $ 539,693 $ - $ 539,693 Public Works $ 4,033,405 $ 88,760 $ 4,122,165 Water $ 2,067,537 $ 124,512 $ 2,192,049 Wastewater $ 3,152,187 $ (87,492) $ 3,064,695 Total Personnel $ 9,792,822 $ 125,780 $ 9,918,602 Operating Utility Billing $ 640,328 $ - $ 640,328 Public Works $ 999,246 $ 64,670 $ 1,063,916 Water $ 2,778,129 $ 587,311 $ 3,365,440 Wastewater $ 3,355,724 $ (40,619) $ 3,315,105 Total Operating $ 7,773,427 $ 611,362 $ 8,384,789 Total Personnel and Operating $ 17,566,249 $ 737,142 $ 18,303,391 Capital Utility Billing $ 7,500 $ 0 $ 7,500 Public Works $ 28,000 $ - $ 28,000 Water $ 3,850,000 $ 323,190 $ 4,173,190 Wastewater $ 12,005,000 $ 511,546 $ 12,516,546 Total Capital $ 15,890,500 $ 834,736 $ 16,725,236 Carryforward - Operating Utility Billing $ - Public Works $ 478,920 $ (300,379) $ 178,541 Water $ 248,490 $ (35,691) $ 212,799 Wastewater $ 95,000 $ (41,000) $ 54,000 Meridian City Council Meeting Agenda September 3, 2019 – Page 55 of 84 AMENDMENT TO BUDGET ORDINANCE NO. 18-1790 – FY 2019 Budget - Page 3 of 6 Total Carryforward - Operating $ 822,410 $ (377,070) $ 445,340 Carryforward - Capital Utility Billing $ 14,728 $ (14,728) $ - Public Works $ - $ - $ - Water $ 5,414,176 $ (2,281,094) $ 3,133,082 Wastewater $ 22,679,295 $ (9,897,093) $ 12,782,202 Total Carryforward - Capital $ 28,108,199 $ (12,192,915) $ 15,915,284 Total Carryforward $ 28,930,609 $ (12,569,986) $ 16,360,623 Total Expenditures $ 62,387,358 $ (10,998,108) $ 51,389,250 Transfers $ 2,798,794 $ - $ 2,798,794 Total Expenditures with Transfers $ 65,186,152 $ (10,998,108) $ 54,188,044 (Use)/Addition of Fund Balance $ (27,002,932) $ 10,998,108 $ (16,004,824) Governmental Funds (01,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) FY2019 FY2019 FY2019 Original Budget Amendments Final Budget Revenues Property Taxes $ 33,540,850 $ - $ 33,540,850 Other Revenue $ 21,599,036 $ 2,077,798 $ 23,676,834 Total Revenue $ 55,139,886 $ 2,077,798 $ 57,217,684 Expenditures Personnel Administration $ 5,543,166 $ - $ 5,543,166 Fire $ 11,365,717 $ - $ 11,365,717 Police $ 16,976,272 $ 61,947 $ 17,038,219 Parks $ 3,254,733 $ 128,998 $ 3,383,731 Community Development $ 3,312,487 $ 446,463 $ 3,758,950 Total Personnel $ 40,452,375 $ 637,408 $ 41,089,783 Operating Administration $ 2,858,473 $ 896,363 $ 3,754,836 Fire $ 1,400,918 $ 116,588 $ 1,517,506 Police $ 2,725,836 $ 90,623 $ 2,816,459 Parks $ 2,109,120 $ 117,104 $ 2,226,224 Community Development $ 1,750,728 $ 216,481 $ 1,967,209 Total Operating $ 10,845,075 $ 1,437,159 $ 12,282,234 Total Personnel and Operating $ 51,297,450 $ 2,074,567 $ 53,372,017 Capital Administration $ 466,900 $ (30,000) $ 436,900 Fire $ 280,000 $ 2,239,191 $ 2,519,191 Meridian City Council Meeting Agenda September 3, 2019 – Page 56 of 84 AMENDMENT TO BUDGET ORDINANCE NO. 18-1790 – FY 2019 Budget - Page 4 of 6 Police $ 235,368 $ 55,814 $ 291,182 Parks $ 2,094,000 $ (352,143) $ 1,741,857 Community Development $ - $ 136,750 $ 136,750 Total Capital $ 3,076,268 $ 2,049,612 $ 5,125,880 Carryforward - Personnel Administration $ - $ - $ - Fire $ - $ - $ - Police $ - $ - $ - Parks $ - $ - $ - Community Development $ - $ - $ - Total Carryforward - Personnel $ - $ - $ - Carryforward - Operating Administration $ 58,720 $ 324,693 $ 383,413 Fire $ 18,840 $ (6,093) $ 12,747 Police $ 17,170 $ (12,971) $ 4,199 Parks $ 271,143 $ (42,352) $ 228,791 Community Development $ 448,408 $ (56,957) $ 391,451 Total Carryforward - Operating $ 814,281 $ 206,320 $ 1,020,601 Carryforward - Capital Administration $ 301,910 $ (118,501) $ 183,409 Fire $ 5,108,145 $ (1,391,166) $ 3,716,979 Police $ 132,000 $ (62,000) $ 70,000 Parks $ 3,909,981 $ (1,899,752) $ 2,010,229 Community Development $ 424,956 $ (56,023) $ 368,933 Total Carryforward - Capital $ 9,876,992 $ (3,527,441) $ 6,349,551 Carryforward Administration $ 360,630 $ 206,192 $ 566,822 Fire $ 5,126,985 $ (1,397,259) $ 3,729,726 Police $ 149,170 $ (74,971) $ 74,199 Parks $ 4,181,124 $ (1,942,104) $ 2,239,020 Community Development $ 873,364 $ (112,980) $ 760,384 Total Carryforward $ 10,691,273 $ (3,321,122) $ 7,370,151 Total Expenditures $ 65,064,991 $ 803,057 $ 65,868,048 Transfers $ (2,644,754) $ - $ (2,644,754) Total Expenditures with Transfers $ 62,420,237 $ 803,057 $ 63,223,294 (Use)/Addition of Fund Balance $ (7,280,351) $ 1,274,741 $ (6,005,610) Total Budget - All Funds FY2019 FY2019 FY2019 Original Budget Amendments Final Budget Revenues Total Revenue $ 93,325,106 $ 2,077,798 $ 95,402,904 Meridian City Council Meeting Agenda September 3, 2019 – Page 57 of 84 Expenditures Total Personnel and Operating Total Capital Total Carryforward Total Expenditures Transfers Total Expenditures with Transfers (Use)/Addition of Fund Balance $ 68,863,699 $ 2,811,709 $ 71,675,408 $ 18,966,768 $ 2,884,348 $ 21,851,116 $ 42,633,835 $ (15,892,708) $ 26,741,127 $ 130,464,302 $ (10,196,651) $ 120,267,651 $ 130,464,302 $ (10,196,651) $ 120,267,651 $ (37,139,196) $ 12,274,449 $ (24,864,747) That the sum of $(10,196,651) be allocated to be used for authorized activities. Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED by the City Council of the City of Meridian, Idaho, this' day of September, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this Srdday of September, 2019. U-00ox+o n, CJWr1C,i 1 Vreb i(Aen+ ATTEST: oiQoRpTEDq Gvs ..• r jAN C is o n, C• er m 'DAH° SEAL AMENDMENT TO BUDGET ORDINANCE NO. 18-1790 — FY 2019 Budget - Page 5 of 6 STATE OF IDAHO ) ss. County of Ada ) On this !2�'A_ day of �j Q-m1cwj— 2019, before me, the undersigned, a Notary Public in and.£or said State, personally appeared JO>✓ 1E)0r 0n and CHRIS JOHNSON, known to me to be the�tid Ind 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. C ,InlJt.A.QLaU-Vw NOTARY PUBLIC FOR AHO CHARLENE WAY RESIDING AT: 4-nxiiirAkajiu,act COMMISSION #67390 MY COMMISSION EXPIRES: 3 -,QS" () as NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 AMENDMENT TO BUDGET ORDINANCE NO. 18-1790 — FY 2019 Budget - Page 6 of 6 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1847 PROVIDING FOR AN AMENDMENT TO ORDINANCE NO. 18-1790 An Ordinance Of The City Of Meridian, Idaho Amending Ordinance No. 18-1790, The Appropriation Ordinance For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019 (FY2019), Appropriating Monies That Are To Be Allocated By The City Of Meridian, Idaho In The Sum of $(10,196,651); And Providing An Effective Date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and p icah 300- City Clerk First Reading: 3 1p.pJED Av�G� �sidenf�\ C'�tV of W E MIA SEA Adopted after first re/ ing by suspension of th `4ule as allo pursuant to Idaho Code 50-902: YES ! NO °'rne rReAs��` Second Reading: Third Reading: lo STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1847 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 19-1847 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of September, 2019. V V I William. L.M. Nary, City Attorney BUDGET AMENDMENT ORDINANCE SUMMARY FY2019 —1 of 1 EIDIADAHO N,+--- CITY COUNCIL REGULAR MEETING AGENDA September 3, 2019 Agenda Item Number: 8 B Item Title: Ordinance No. 19-1849: An Ordinance, Pursuant To Idaho Code §50-1002 And §50-1003, Providing For A Title And Findings, Providing For The Adoption Of A Budget And The Appropriation Of $120,525,396 To Defray The Necessary Expenses And Liabilities Of The City Of Meridian, In Accordance With The Object And Purposes And In The Certain Amounts Herein Specified For The Fiscal Year Beginning October 1, 2019 And Ending On September 30, 2020; To Levy All Such Appropriate Taxes And Levies As Authorized By Law Upon Taxable Property; And To Collect All Authorized Revenue; To Provide For The Waiving Of The 2nd And 3rd Readings Pursuant To Idaho Code §50-902; And Providing For An Effective Date And The Filing Of A Certified Copy Of This Ordinance With The Secretary Of State. M79 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.B . Presenter: Chris J ohnson Estimated Time for P resentation: 3 minutes Title of I tem - Ordinance No. 19-1849: An Ordinance, Pursuant To Idaho Code §50-1002 And §50-1003, P roviding F or A T itle And F indings, Providing F or T he Adoption Of A B udget And T he Appropriation Of $120,525,396 To Defray T he Necessary E xpenses And L iabilities Of T he C ity Of M eridian, In Accordance With T he Object And P urposes And In T he C ertain Amounts Herein S pecified F or T he F iscal Year Beginning O ctober 1, 2019 And Ending On September 30, 2020; To L evy All Such Appropriate Taxes And L evies As Authorized By L aw Upon Taxable P roperty; And To Collect All Authorized Revenue; To P rovide F or T he Waiving Of T he 2nd And 3rd Readings P ursuant To Idaho C ode §50-902; And P roviding For An E ffective Date And T he F iling Of A Certified Copy Of T his O rdinance With T he Secretary Of S tate. F Y 20 B udget Ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F Y 20 Budget Ordinance Ordinance 8/29/2019 F Y 20 Budget Ord S ummary Ordinance 8/29/2019 RE V I E WE RS : Department R eviewer Action D ate L egal.Weatherly, A drienne Approved 8/27/2019 - 4:52 P M L egal.A lbertson, Michelle Approved 8/29/2019 - 11:44 A M Meridian City Council Meeting Agenda September 3, 2019 – Page 61 of 84 ANNUAL APPROPRIATION ORDINANCE FY2020 - Page 1 of 6 CITY OF MERIDIAN ORDINANCE NO. 19-1849 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE, PURSUANT TO IDAHO CODE §50-1002 AND §50-1003, PROVIDING FOR A TITLE AND FINDINGS, PROVIDING FOR THE ADOPTION OF A BUDGET AND THE APPROPRIATION OF $120,525,396 TO DEFRAY THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, IN ACCORDANCE WITH THE OBJECT AND PURPOSES AND IN THE CERTAIN AMOUNTS HEREIN SPECIFIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND ENDING ON SEPTEMBER 30, 2020; TO LEVY ALL SUCH APPROPRIATE TAXES AND LEVIES AS AUTHORIZED BY LAW UPON TAXABLE PROPERTY; AND TO COLLECT ALL AUTHORIZED REVENUE; TO PROVIDE FOR THE WAIVING OF THE 2 ND AND 3 RD READINGS PURSUANT TO IDAHO CODE §50- 902; AND PROVIDING FOR AN EFFECTIVE DATE AND THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE WITH THE SECRETARY OF STATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO: Section 1. TITLE: This Ordinance shall be entitled and cited as the “2019-2020 Fiscal Year Annual Appropriation Ordinance of the City of Meridian”. Section 2. FINDINGS: The City Council finds: A. That it has duly Noticed and held a Public Hearing on the 20 th day of August, 2019 for a Proposed Budget for Fiscal Year 2019-2020 (FY2020) City of Meridian, Idaho; B. That the total revenue anticipated to be available to the City of Meridian during Fiscal Year 2019-2020 is correctly stated in the Adopted Budget which is herein set forth in Section No. 3; and C. The appropriations and sums of money as are hereinafter set forth in Section No. 3 are deemed necessary to defray all the necessary expenses and liabilities of the City of Meridian for Fiscal Year 2019-2020. Section 3. ADOPTION OF BUDGET AND APPROPRIATION OF EXPENDITURE: The City Council does hereby adopt as and for the budget and the appropriation of expenditure for the City of Meridian for Fiscal Year commencing October 1, 2019 and ending on September 30, 2020 the following: Capital Improvement Fund - 55 FY2018 FY2019 FY2020 Actual Original Budget Original Budget Revenues Total Revenue $ 151,367 $ 2,000 $ 2,000 Meridian City Council Meeting Agenda September 3, 2019 – Page 62 of 84 ANNUAL APPROPRIATION ORDINANCE FY2020 - Page 2 of 6 Expenditures Operating Administration Fire Police Parks Total Operating $ - $ - $ - Capital Administration $ 22,647 $ - $ - Fire Police $ 4,328,680 Parks $ - $ - Total Capital $ 22,647 $ - $ 4,328,680 Carryforward - Operating Administration Fire Police Parks Carryforward - Operating $ - $ - $ - Carryforward - Capital Administration $ 11,953 $ - Fire Police Parks $ 3,000,000 $ 1,237,795 Carryforward - Capital $ - $ 3,011,953 $ 1,237,795 Total Carryforward $ - $ 3,011,953 $ 1,237,795 Total Expenditures $ 22,647 $ 3,011,953 $ 5,566,475 Transfers $ (2,641,404) $ (154,040) $ (166,788) Total Expenditures with Transfers $ (2,618,757) $ 2,857,913 $ 5,399,687 (Use)/Addition of Fund Balance $ 2,770,124 $ (2,855,913) $ (5,397,687) Enterprise Fund - 60 - 65 FY2018 FY2019 FY2020 Actual Original Budget Original Budget Revenues Water/Sewer Sales $ 23,893,462 $ 24,798,200 $ 26,325,769 Other Sources $ 24,212,603 $ 13,385,020 $ 18,201,845 Total Revenue $ 48,106,065 $ 38,183,220 $ 44,527,614 Expenditures Personnel Utility Billing $ 448,018 $ 539,693 $ 549,073 Public Works $ 3,376,210 $ 4,033,405 $ 4,213,178 Meridian City Council Meeting Agenda September 3, 2019 – Page 63 of 84 ANNUAL APPROPRIATION ORDINANCE FY2020 - Page 3 of 6 Water $ 1,839,993 $ 2,067,537 $ 2,263,808 Wastewater $ 2,597,212 $ 3,152,187 $ 3,347,500 Total Personnel $ 8,261,433 $ 9,792,822 $ 10,373,559 Operating Utility Billing $ 540,526 $ 640,328 $ 633,805 Public Works $ 833,245 $ 999,246 $ 948,266 Water $ 2,346,757 $ 2,778,129 $ 3,152,866 Wastewater $ 2,602,042 $ 3,355,724 $ 3,557,601 Total Operating $ 6,322,570 $ 7,773,427 $ 8,292,538 Total Personnel and Operating $ 14,584,003 $ 17,566,249 $ 18,666,097 Capital Utility Billing $ 31,350 $ 7,500 $ - Public Works $ 53,097 $ 28,000 $ - Water $ 6,420,325 $ 3,850,000 $ 4,140,856 Wastewater $ 35,105,963 $ 12,005,000 $ 4,616,600 Total Capital $ 41,610,735 $ 15,890,500 $ 8,757,456 Carryforward - Operating Utility Billing $ - Public Works $ 478,920 $ 256,066 Water $ 248,490 $ 157,439 Wastewater $ 95,000 $ 115,000 Total Carryforward - Operating $ - $ 822,410 $ 528,505 Carryforward - Capital Utility Billing $ 14,728 $ - Public Works $ - $ - Water $ 5,414,176 $ 3,632,414 Wastewater $ 22,679,295 $ 13,585,428 Total Carryforward - Capital $ - $ 28,108,199 $ 17,217,842 Total Carryforward $ - $ 28,930,609 $ 17,746,347 Total Expenditures $ 56,194,738 $ 62,387,358 $ 45,169,900 Transfers $ 2,755,337 $ 2,798,794 $ 2,955,145 Total Expenditures with Transfers $ 58,950,075 $ 65,186,152 $ 48,125,045 (Use)/Addition of Fund Balance $ (10,844,011) $ (27,002,932) $ (3,597,431) Governmental Funds (01,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) FY2018 FY2019 FY2020 Actual Original Budget Original Budget Revenues Property Taxes $ 31,329,216 $ 33,540,850 $ 36,557,451 Other Revenue $ 30,046,989 $ 21,599,036 $ 26,012,545 Meridian City Council Meeting Agenda September 3, 2019 – Page 64 of 84 ANNUAL APPROPRIATION ORDINANCE FY2020 - Page 4 of 6 Total Revenue $ 61,376,205 $ 55,139,886 $ 62,569,996 Expenditures Personnel Administration $ 4,956,956 $ 5,543,166 $ 5,912,775 Fire $ 9,794,158 $ 11,365,717 $ 11,736,347 Police $ 13,727,839 $ 16,976,272 $ 18,530,489 Parks $ 2,605,195 $ 3,254,733 $ 3,548,904 Community Development $ 1,459,855 $ 3,312,487 $ 3,727,086 Total Personnel $ 32,544,002 $ 40,452,375 $ 43,455,601 Operating Administration $ 3,128,724 $ 2,858,473 $ 3,599,601 Fire $ 1,392,267 $ 1,400,918 $ 1,513,153 Police $ 2,533,910 $ 2,725,836 $ 4,210,101 Parks $ 1,987,997 $ 2,109,120 $ 2,286,610 Community Development $ 3,324,449 $ 1,750,728 $ 2,186,038 Total Operating $ 12,367,348 $ 10,845,075 $ 13,795,503 Total Personnel and Operating $ 44,911,350 $ 51,297,450 $ 57,251,104 Capital Administration $ 593,636 $ 466,900 $ 424,000 Fire $ 1,619,534 $ 280,000 $ 50,300 Police $ 473,516 $ 235,368 $ 3,501,830 Parks $ 5,654,352 $ 2,094,000 $ 1,190,122 Community Development $ 278,367 $ - $ 15,300 Total Capital $ 8,619,404 $ 3,076,268 $ 5,181,552 Carryforward - Personnel Administration $ - $ - $ - Fire $ - $ - $ - Police $ - $ - $ - Parks $ - $ - $ - Community Development $ - $ - $ - Total Carryforward - Personnel $ - $ - $ - Carryforward - Operating Administration $ - $ 58,720 $ 137,044 Fire $ - $ 18,840 $ 72,825 Police $ - $ 17,170 $ - Parks $ - $ 271,143 $ 62,645 Community Development $ - $ 448,408 $ 84,945 Total Carryforward - Operating $ - $ 814,281 $ 357,459 Carryforward - Capital Administration $ - $ 301,910 $ 323,520 Fire $ - $ 5,108,145 $ 4,962,581 Police $ - $ 132,000 $ 58,778 Parks $ - $ 3,909,981 $ 1,528,093 Community Development $ - $ 424,956 $ 125,934 Total Carryforward - Capital $ - $ 9,876,992 $ 6,998,906 Meridian City Council Meeting Agenda September 3, 2019 – Page 65 of 84 ANNUAL APPROPRIATION ORDINANCE FY2020 - Page 5 of 6 Carryforward Administration $ - $ 360,630 $ 460,564 Fire $ - $ 5,126,985 $ 5,035,406 Police $ - $ 149,170 $ 58,778 Parks $ - $ 4,181,124 $ 1,590,738 Community Development $ - $ 873,364 $ 210,879 Total Carryforward $ - $ 10,691,273 $ 7,356,365 Total Expenditures $ 53,530,755 $ 65,064,991 $ 69,789,021 Transfers $ (113,933) $ (2,644,754) $ (2,788,357) Total Expenditures with Transfers $ 53,416,821 $ 62,420,237 $ 67,000,664 (Use)/Addition of Fund Balance $ 7,959,384 $ (7,280,351) $ (4,430,668) Total Budget - All Funds FY2018 FY2019 FY2020 Actual Original Budget Original Budget Revenues Total Revenue $ 109,633,637 $ 93,325,106 $ 107,099,610 Expenditures Total Personnel and Operating $ 59,495,353 $ 68,863,699 $ 75,917,201 Total Capital $ 50,252,787 $ 18,966,768 $ 18,267,688 Total Carryforward $ - $ 42,633,835 $ 26,340,507 Total Expenditures $ 109,748,140 $ 130,464,302 $ 120,525,396 Transfers $ - $ - $ - Total Expenditures with Transfers $ 109,748,140 $ 130,464,302 $ 120,525,396 (Use)/Addition of Fund Balance $ (114,504) $ (37,139,196) $ (13,425,786) Section 4. That the general tax levy and all appropriate taxes and levies be imposed as authorized by law and all authorized revenue is collected. Section 5. That the 2 nd and 3 rd readings of this ordinance are waived by suspension of the Rule as allowed pursuant to Idaho Code §50-902. Section 6. The City Clerk is directed to forthwith publish this Ordinance and file a certified copy of the same with the office of the Secretary of State of Idaho as provided in Idaho Code §50-1003 and the same shall be in full force and effect from and after its passage, approval and publication, according to law. Meridian City Council Meeting Agenda September 3, 2019 – Page 66 of 84 PASSED by the City Council of the City of Meridian, Idaho, this 3rd day of September, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 3r� day of September, 2019. APPROVED: T �Tb e ion , cwnC►t 6 der► -- ATTEST: ¢Qo•�- -- „� Gp y•. son, Clty SEAL STATE OF IDAHO ) ss. County of Ada ) On this day of S 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared O e $6r o n> ) and CHRIS JOHNSON, known to me to be the COVX61 ?�6c%e*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. - - - - - - - - - - C kaA"-u)uM , CHARLENE WAY NOTARY PUBLIC FOR IDAHCK RESIDING AT: -1 PAO inly ), ja4a COMMISSION #67390 MY COMMISSION EXPIRES: 3-ag -o1Oaa NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 ANNUAL APPROPRIATION ORDINANCE FY2020 - Page 6 of 6 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1849 PROVIDING FOR AN ANNUAL APPROPRIATION ORDINANCE FOR THE ADOPTION OF A BUDGET FOR THE CITY OF MERIDIAN FOR FY2020 An Ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of $120,525,396 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2019 and ending on September 30, 2020. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. City of Meridian] no -ii City Counev By: Chris Johnson ity Clerk 7 s First Reading:q Adopted after s re �ing"Fysuspension of the Rule as allowed §50-902: YES NO Second Reading: Third Reading: �QDFtATEDq�C �- �LC(irvuf o -a w jD1aN�. S Ipq S laHo STATEMENT OF MERIDIAN CITY ATTORNEY 19- 1 51A9 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 19- l MCI of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this Trd' day of S ,i.,� t- 2 61c William. L.M. Nary City Attorney ANNUAL APPROPRIATION ORDINANCE SUMMARY FY2020 —I of 1 �j�/rEDAHO IDIAN� CITY COUNCIL REGULAR MEETING AGENDA September 3, 2019 Agenda Item Number: 9 C Item Title: Ordinance No. 19-1846 A Ordinance No. 19-1846A: An Ordinance (H-2018-0130 Razzberry Villas) For Rezone Of A Parcel Of Land Being Lots 1, 2 And 3, Block 6 Of Razzberry Crossing Subdivision As Filed For Record In Book 93 Of Plat At Pages 11215 Thru 11217, Records Of Ada County, Idaho, The West 27.00 Feet Of North Bright Angle Avenue Road Right Of Way, And The North Half Of The East Star Drive Road Right Of Way Lying In A Portion Of The Ne'/A Of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho; Rezoning The Land Use Zoning Classification From R-8 (Medium Density Residential) And L -O (Limited Office) Zoning Districts To R-15 (Medium High Density Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.C . Presenter: Estimated Time for P resentation: Title of I tem - Ordinance No. 19-1846A: An Ordinance (H-2018-0130 Razzberry Villas) F or Rezone Of A P arcel O f L and Being L ots 1, 2 And 3, Block 6 Of Razzberry Crossing Subdivision As Filed F or Record In Book 93 Of Plat At P ages 11215 T hru 11217, Records Of Ada C ounty, Idaho, T he West 27.00 F eet Of North Bright Angle Avenue Road Right Of Way, And T he North Half Of T he E ast Star D rive Road Right Of Way Lying In A Portion Of T he Ne ¼ Of Section 31, Township 4 North, Range 1 East, Boise M eridian, Ada County, Idaho; Rezoning T he Land Use Zoning C lassification From R-8 (M edium Density Residential) And L -O (L imited Office) Zoning Districts To R-15 (M edium High Density Residential) Zoning D istrict In T he M er idian City Code; P roviding T hat Copies O f T his O rdinance Shall B e Filed With T he Ada County Assessor, T he Ada County Recorder, And T he Idaho S tate Tax C ommission, As Required By L aw; And P roviding For A S ummary Of T he Ordinance; And Providing F or A Waiver Of T he Reading Rules; And Providing An E ffective Date. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Ordinance Ordinance 8/29/2019 Ordinance Summary Ordinance 8/29/2019 E xhibit A E xhibit 8/29/2019 E xhibit B E xhibit 8/29/2019 RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 8/29/2019 - 6:04 P M Meridian City Council Meeting Agenda September 3, 2019 – Page 69 of 84 ADA COUNTY RECORDER Phil McGrane 2019-082764 BOISE IDAHO Pgs=4 NIKOLA OLSON 09/04/2019 12:16 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 19-1846A BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2018-0130 RAZZBERRY VILLAS) FOR REZONE OF A PARCEL OF LAND BEING LOTS 1, 2 AND 3, BLOCK 6 OF RAZZBERRY CROSSING SUBDIVISION AS FILED FOR RECORD IN BOOK 93 OF PLAT AT PAGES 11215 THRU 11217, RECORDS OF ADA COUNTY, IDAHO, THE WEST 27.00 FEET OF NORTH BRIGHT ANGLE AVENUE ROAD RIGHT OF WAY, AND THE NORTH HALF OF THE EAST STAR DRIVE ROAD RIGHT OF WAY LYING IN A PORTION OF THE NE/40F SECTION 31, TOWNSHIP 4 NORTH, RANGE I EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; REZONING THE LAND USE ZONING CLASSIFICATION FROM R-8 (MEDIUM DENSITY RESIDENTIAL) AND L -O (LIMITED OFFICE) ZONING DISTRICTS TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Douglas Victor, Jason Ames and Randy Donald. SECTION 2. That the above-described real property is hereby re -zoned R-8 (Medium Density Residential) and L -O (Limited Office) Zoning District to R-8 (Medium Density Residential), Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE ZONE ORDINANCE — RAZZBERRY VILLAS - H-2018-0130 PAGE 1 OF 2 Meridian City Council Meeting Agenda September 3, 2019 — Page 70 of 84 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 3 rc'day of 2019. APPROVED BY THE MAYOR OF THE CT�nF MERIDIAN, IDAHO, this ,3F4 day of ►� N, CITY the STATE OF IDAHO, ) ) ss: County of Ada ) ThUA sl � 011 or k IDIgN� � L �J 1P :?n,_cwncTT5re66en4 On this ad day of 2019, before me, the undersigned, a Notary Public in apd for said State, personally appearec be bor+Orl • and C h6 5 SOhnt)on known to me to be the prrand 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 n, _ COMMISSION #87390 x 1 NOTARY PUBLIC Notary Public for Idaho STATE OF IDAHO Residing At:1 MY COMMISSION EXPIRES 3/28/22 My Commission Expires:3 a, RE ZONE ORDINANCE — RAZZBERRY VILLAS - H-2018-0130 PAGE 2 OF 2 EXHIBIT A Razzberry Villas H-2018-0130 Meridian City Council Meeting Agenda September 3, 2019 – Page 73 of 84 Razzberry Villas H-2018-0130 Meridian City Council Meeting Agenda September 3, 2019 – Page 74 of 84 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1846A PROVIDING FOR RE ZONING ORDINANCE An Ordinance (H-2018-0130— Razzberry Villas) For Rezone Of A Parcel Of Land Being Lots 1, 2 And 3, Block 6 Of Razzberry Crossing Subdivision As Filed For Record In Book 93 of Plat At Pages 11215 Thru 11217, Records Of Ada County, Idaho, The West 27.00 Feet of North Bright Angle Avenue Road Right Of Way, And The North Half Of The East Star Drive Road Right Of Way Lying In a Portion of the NE 1/a Of Section 31, Township 4 North, Range 1 East, , Boise Meridian, Ada County, Idaho. This parcel contains 1.896 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of �/TPri ian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of 2019. City of Meridi n, CpunOil By:. Chris Johnson m First Reading: G% mil^ m S Adopted,after first reading by suspension of the Zi e as YES NO °`�aa, Second Reading: Third Reading: \10;'pY I H w ant to Idaho Code 50-902: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1846A The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 19 -1846A of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this _ 3 8 day of S.(SPLV jpZ r' , 2019. 1.� William. L.M. Nary City Attorney RE ZONE ORDINANCE SUMMARY- RAZZBERRY VILLAS —H-2018-0130 PAGE 1 EIDIAN,*-- DAJ CITY COUNCIL REGULAR MEETING AGENDA September 3, 2019 Agenda Item Number: 9 D Item Title: Ordinance No. 19-1848: An Ordinance (H-2018-0109 — Elevate Franklin Storage) For The Rezone Of A Parcel Of Land Know As Lot 1, Block 1 Of Umbria Subdivision As filed In Book 101 Of Plats At Pages 13.200 Through 13,204, Records Of Ada County, Idaho And A Portion Of The SW 1/4 Of The SE 1/4 Of Section 10, Township 3 North, Range 1 West, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification Of 3.50 Acres From L-0 (Limited Office) Zoning District To R-15 (Medium High Density Residential) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. C70 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.D . Presenter: Chris J ohnson Estimated Time for P resentation: 3 minutes Title of I tem - Ordinance No. 19-1848: An Ordinance (H-2018-0109 – E levate F ranklin S torage) F or T he Re-Zone Of A P arcel Of L and Know As Lot 1, Block 1 Of Umbria S ubdivision As filed In Book 101 O f P lats At Pages 13.200 T hrough 13,204, Records Of Ada County, Idaho And A Portion Of T he S W ¼ Of T he S E ¼ Of Section 10, Township 3 North, Range 1 West, B oise M eridian, C ity Of M eridian, Ada C ounty Idaho; Establishing And D etermining T he L and Use Zoning Classification Of 3.50 Acres From L -O (L imited O ffice) Zoning District To R-15 (M edium High D ensity Residential) Zoning D istrict In T he M eridian City Code; Providing T hat Copies Of T his Ordinance S hall Be F iled With T he Ada County Assessor, T he Ada County Recorder, And T he Idaho S tate Tax Commission, As Required B y Law; And Providing F or A S ummary O f T he Ordinance; And Providing F or A Waiver Of T he Reading Rules; And P roviding An E ffective D ate. Elevate S torage Rezone ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E levate Storage Rezone Ordinance Ordinance 8/27/2019 E levate Storage - exhibit A E xhibit 8/27/2019 E levate Storage - E xhibit B E xhibit 8/27/2019 E levate Storage Rezone Ord Summary Ordinance 8/27/2019 RE V I E WE RS : Department R eviewer Action D ate L egal.Weatherly, A drienne Approved 8/27/2019 - 4:41 P M L egal.A lbertson, Michelle Approved 8/29/2019 - 11:27 A M Meridian City Council Meeting Agenda September 3, 2019 – Page 75 of 84 ADA COUNTY RECORDER Phil McGrane 2019-082760 BOISE IDAHO Pgs=5 NIKOLA OLSON 09/04/2019 12:15 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 19-1848 BY THE CITY COUNCIL: BERNT, :O. MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2018-0109 — ELEVATE FRANKLIN STORAGE) FOR THE RE- ZONE OF A PARCEL OF LAND KNOW AS LOT 1, BLOCK I OF UMBRIA SUBDIVISION AS FILED IN BOOK 101 OF PLATS AT PAGES 13,200 THROUGH 13,204, RECORDS OF ADA COUNTY, IDAHO AND A PORTION OF THE SW'/, OF THE SE!/, OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 3.50 ACRES FROM L -O (LIMITED OFFICE) ZONING DISTRICT TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE, AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN Iof2121Me 0LTA a17_740 MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for Te -zoning by the owner of said property, to -wit: Ten Mile Development, LLC. SECTION 2. That the above-described real property is hereby re -zoned L -O (Limited Office) Zoning District to R- 15 (Medium High Residential) Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions; orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. RE ZONE ORDINANCE — ELEVATE FRANKLIN STORAGE - H-2018-0109 PAGE 1 OF 2 Meridian City Council Meeting Agenda September 3, 2019 — Page 76 of 84 SECTION 7. This ordinance shall be in full force and effect fiom and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, thisd day of , 2019. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2019. Q�a-TED Au` 0e P ATTEST- 2�0 �-/Vl of E ji� DIA' CHAWJ ON, CIT LEIWAL / o� rhe TREA`��`1� ` STATE OF IDAHO, ) ss: County of Ada ) On this day of 019, before me, the undersigned, a Notary Pub is in g for said State, personally appeared �'v� Jb0t+0 n i and CHRIS JOHNSON, known to me to be the PQand 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 13ereunto set my hand and affixed my official seal the day and year first above CHARLENE WAY C)nakn A U_�L4 (SEjMy ) COMMISSION 067390 Notary Public for Idaho NOTARY PUBLIC g —�r . STATE OF IDAHO Residin At: COMMISSION EXPIRES 3/28/22 My Commission Expires: -a"S - a o a a RE ZONE ORDINANCE — ELEVATE FRANKLIN STORAGE - H-2018-0109 PAGE 2 OF 2 E X H I B I T A 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 7 8 o f 8 4 E X H I B I T B 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 7 9 o f 8 4 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 S e p t e m b e r 3 , 2 0 1 9 – P a g e 8 0 o f 8 4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1848 PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of a parcel of known as Lot 1, Block 1 of Umbria Subdivision as filed in Book 101 of Plats at pages 13,200 through 13,204, records of Ada County, Idaho and a portion of the SW 1/a of the SE 1/a of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County. This parcel contains 3.50 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied as in attached Exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the 'd day of Su�ml�Qr , 2019. City of A wd City Clouncil By: Chris Johnso , City C. First Reading: counci 1 hrC61864 Adopted afWr first reading by suspension of YES NO Second Reading: Third Reading: /pORATE� '� vq SGC u Wpwed j suant to Idaho Code 50-902: I� W 4,v1V=� L , STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1848 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 19-1848 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 3'6 day of XY beV— , 2019. William. L.M. Nary, City Attorne RE ZONE ORDINANCE SUMMARY- ELEVATE FRANKLIN STORAGE - H-2018-0109 PAGE 1 EIDIK ANn-- �J CITY COUNCIL REGULAR MEETING AGENDA September 3, 2019 Agenda Item Number: 9 E Item Title: Ordinance No. 19-1850 An Ordinance Amending Meridian City Code As Codified At Title 11, To Modify the Variance Findings to be Consistent with Idaho Code § 67-6516; And Providing For a Waiver of the Reading Rules; And Providing an Effective Date. Meeting Notes: 70, I TEM SHEET C ouncil Agenda I tem - 9.E . Presenter: Chris J ohnson Estimated Time for P resentation: 3 minutes Title of I tem - Ordinance No. 19-1850: An Ordinance Amending M eridian C ity C ode As C odified At Title 11, To M odify the Variance Findings to be C onsistent with Idaho Code § 67- 6516; And Providing F or a Waiver of the Reading Rules; And P roviding an Effective D ate. UD C Text A mendment R E Variance F indings Ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate UD C Text Amendment Ordinance Ordinance 8/29/2019 UD C Text Amendment -Variance F indings Summary Ordinance 8/29/2019 RE V I E WE RS : Department R eviewer Action D ate L egal.J ohnson, Chris Approved 8/29/2019 - 12:54 P M Clerk.J ohnson, Chris Approved 8/29/2019 - 12:53 P M L egal.B aird, Ted Approved 8/29/2019 - 2:55 P M Meridian City Council Meeting Agenda September 3, 2019 – Page 82 of 84 CITY OF MERIDIAN ORDINANCE NO. 19-1850 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, TO MODIFY THE VARIANCE FINDINGS TO BE CONSISTENT WITH IDAHO CODE § 67- 6516; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code 11-513-4E, Unified Development Code, be modified as follows: 1. The vafianee shall not giant a right of speeial pr-ivilege that is not ethefwise allowed ift the 1. The variance relieves an undue hardship because of characteristics of the site; and, 2. The variance shall not be detrimental to the public health, safety and welfare. Section 2. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, thisy day of September, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 3rd day of September, 2019. APPRO 1 �5tc�er�- ATTEST: VARIANCE REQUIREMENT MODIFICATIONS UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE —H 2019-0058 GQaQpRATEO q G ` N Cp P /QANr: E F�of she %REASVR AGE 1 OF 1 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1850 An Ordinance Amending Meridian City Code As Codified At Title 11, To Modify the Variance Findings to be Consistent with Idaho Code § 67-6516; And Providing For a Waiver of the Reading Rules; And Providing an Effective Date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and i3ublication--------- City of Meridian TO and City Cour i] By: Chris Johnson, City First Reading: 7 -3 -(Cl V Adopted after first reading by suspel 902: YES NO Second Rea ing: Third Reading: it Presicle4 \�GO�PpRATEpgGCG opf the Rule asp' CD CIO L I I s 41 � V, pursuant to Idaho Code 50 - STATEMENT OF MERIDIAN CIT AS TO ADEQUACY OF SUMMARY OF ORDINANCE N . 19-1850 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 19-1850 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this NrA day of SepleMber-, 1019 f�' L .. r V 2. �: -) �- � William. L.M. Nary City Attorney ORDINANCE SUMMARY FOR UDC TEXT AMENDMENT ORDINANCE RE VARIANCE FINDINGS (::�W IDIAN*,-----IZ I DAJ CITY COUNCIL REGULAR MEETING AGENDA September 3, 2019 Agenda Item Number: 10 Item Title: Future Meeting Topics Meeting Notes: