2020-08-18 Work Session
CITY COUNCIL WORK SESSION
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday, August 18, 2020 at 4:30 PM
Minutes
ROLL CALL ATTENDANCE
PRESENT
Councilman Joe Borton
Councilman Brad Hoaglun
Councilman Treg Bernt
Councilman Luke Cavener
Mayor Robert E. Simison
ABSENT
Councilwoman Jessica Perreault
Councilwoman Liz Strader
ADOPTION OF AGENDA
Motion made by Councilman Bernt to remove Item 19 and adopt agenda as amended,
Seconded by Councilman Cavener.
Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilman
Cavener
CONSENT AGENDA \[Action Item\]
Motion made by Councilman Bernt to remove Item 9 and place on 8/25/2020 Regular
Meeting Agenda as an Action Item and approve Consent Agenda as amended. Seconded by
Councilman Cavener.
Voting Yea: Councilman Borton, Councilman Hoaglun
1. Approve Minutes of August 4, 2020 City Council Work Session
2. Approve Minutes of August 4, 2020 City Council Regular Meeting
3. Blakeslee Commons No. 2 Sanitary Sewer Easement No. 1 and 2
4. Chamberlain Estates Pedestrian Pathway Easement
5. Victory Commons Pedestrian Pathway Easement A
6. Victory Commons Pedestrian Pathway Easement B
7. Volterra South Commercial Subdivision Pedestrian Pathway Easement
8. Bainbridge Subdivision No. 11 Sanitary Sewer and Water Main Easement No. 1
9. Findings of Fact, Conclusions of Law for Villas at Twelve Oaks East (H-2020-0014)
by Jim Jewett, Located at 115 S. Linder Rd.
Removed per motion and placed on 8/25/2020 Regular Meeting Agenda
10. Development Agreement Between the City of Meridian and LH Development, LLC
(Owner) and Westpark Company, Inc. (Developer) for Lavender Heights (H-2020-
0009)
11. Pathway Agreement Between the Nampa & Meridian Irrigation District and the
City of Meridian Regarding the Warrick Subidivision No. 3 Pathway
12. Professional Services Agreements Between City of Meridian and West Ada School
District Student Awardees for Traffic Box Community Art Project
A. Veronica Willard
B. Kamden Prock
C. Aeryn Waterman
D. Riley Wiles
E. Leanna Tackett
13. Artwork License Agreement Between City of Meridian and Casey Gurr for Traffic
Box Community Art Project
14. Artwork License Agreement Between City of Meridian and Brittany Bishop for
Traffic Box Community Art Project
15. Resolution No. 20-2223: A Resolution of the Mayor and the City Council of the City
of Meridian Reappointing Dave Winder to Seat 4 and Dan Basalone to Seat 9 of the
Meridian Development Corporation; and Providing an Effective Date
16. AP Invoices for Payment - 08-19-20 - $2,675,834.95
ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\]
DEPARTMENT / COMMISSION REPORTS \[Action Item\]
17. Community Development: Annual Department Report
18. Parks and Recreation Department: Management and Operation of Lakeview Golf
Course Discussion
19. Code Enforcement: Appeal of Order to Abate Weeds at Lot 01, Block 01, Kentucky
Villas Subdivision, Parcel R4882890010, by Bruce B. Hessing
Item removed from agenda due to resolution of appeal.
EXECUTIVE SESSION
20. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to
formulate a counteroffer; and (f) To communicate with legal counsel for the public
agency to discuss the legal ramifications of and legal options for pending litigation,
or controversies not yet being litigated but imminently likely to be litigated.
Motion made by Councilman Bernt to vacate item and add Executive Session Section
74-206 (1)(f) to existing Regular Meeting Executive Session, Seconded by Councilman
Cavener.
Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt,
Councilman Cavener
ADJOURNMENT
5:47 p.m.
Item#1.
Meridian City Council August 18, 2020.
A Meeting of the Meridian City Council was called to order at 4:37 p.m., Tuesday, August
18, 2020, by Mayor Robert Simison.
Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, and Brad
Hoaglun.
Members Absent: Jessica Perreault and Liz Strader.
Also present: Adrienne Weatherly, Bill Nary, Cameron Arial, Mike Barton, Scott Colaianni,
Joe Bongiorno and Dean Willis.
Roll-call Attendance:
Liz Strader _X_ Joe Borton
_X_ Brad Hoaglun _X_Treg Bernt
Jessica Perreault _X Luke Cavener
_X_ Mayor Robert E. Simison
Simison: Council, I will call this meeting to order. For the record it is Tuesday, August
18th at 4:37 p.m. We will begin tonight's meeting with roll call attendance.
ADOPTION OF AGENDA
Simison: Next item on the agenda is the adoption of the agenda.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: It looks like Item No. 19, code enforcement appeal of order to abate weeds at a
lot in Kentucky Villa Subdivision has been resolved and so we can remove this item from
the agenda this evening. Other than that -- it looks like that's it. So, I move that we adopt
the agenda as amended.
Cavener: Second.
Simison: Okay. I have a motion and a second to adopt the agenda as amended. Mr.
Nary, discussion on the motion. Item 9 under the consent, does that get removed at this
point in time or is that its own separate removal off the consent for -- to do it then?
Nary: Mr. Mayor, yeah, it would be that point to --
Simison: Okay.
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Nary: -- to, then, move it to a discussion item.
Simison: Thank you. Any further discussion on the motion? If not, all those in favor
signify by saying aye. Those opposed nay. The ayes have it.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
CONSENT AGENDA [Action Item]
1. Approve Minutes of August 4, 2020 City Council Work Session
2. Approve Minutes of August 4, 2020 City Council Regular Meeting
3. Blakeslee Commons No. 2 Sanitary Sewer Easement No. 1 and 2
4. Chamberlain Estates Pedestrian Pathway Easement
5. Victory Commons Pedestrian Pathway Easement A
6. Victory Commons Pedestrian Pathway Easement B
7. Volterra South Commercial Subdivision Pedestrian Pathway
Easement
8. Bainbridge Subdivision No. 11 Sanitary Sewer and Water Main
Easement No. 1
10. Development Agreement Between the City of Meridian and LH
Development, LLC (Owner) and Westpark Company, Inc. (Developer)
for Lavender Heights (H-2020-0009)
11. Pathway Agreement Between the Nampa & Meridian Irrigation District
and the City of Meridian Regarding the Warrick Subdivision No. 3
Pathway
12. Professional Services Agreements Between City of Meridian and West
Ada School District Student Awardees for Traffic Box Community Art
Project
A. Veronica Willard
B. Kamden Prock
C. Aeryn Waterman
D. Riley Wiles
E. Leanna Tackett
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13. Artwork License Agreement Between City of Meridian and Casey Gurr
for Traffic Box Community Art Project
14. Artwork License Agreement Between City of Meridian and Brittany
Bishop for Traffic Box Community Art Project
15. Resolution No. 20-2223: A Resolution of the Mayor and the City
Council of the City of Meridian Reappointing Dave Winder to Seat 4
and Dan Basalone to Seat 9 of the Meridian Development Corporation;
and Providing an Effective Date
16. AP Invoices for Payment - 08-19-20 - $2,675,834.95
Simison: With that we will move on to the Consent Agenda.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: As you mentioned, Item 9 we will take this off Consent. The applicant filed a formal
request to withdraw this application and it was received by the clerk's office on August
14th, 2020. With that said, I move that we approve the Consent Agenda and -- as
amended and for the Mayor to sign and for the Clerk to attest.
Cavener: Second.
Simison: I have a motion and a second to remove Item 9 from the Consent Agenda and
approve all other items. Is there any discussion on the motion? If not, all those in favor
signify by saying aye. Those opposed nay. All ayes. The ayes have it and the items are
agreed to.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Simison: There were no items moved from the Consent Agenda.
9. Findings of Fact, Conclusions of Law for Villas at Twelve Oaks East
(H-2020-0014) by Jim Jewett, Located at 115 S. Linder Rd.
Simison: So, we will move on to Item 17 Under Department/Commission Reports.
Nary: Mr. Mayor? Sorry. I'm sorry we didn't make a note on the agenda. So, that Item
9 that just removed needs to go -- needs to be moved to next week's agenda for you to
take action. So, if you would do that, then, the Clerk will add it to the agenda for next
week, so that you can take up the formal request for withdrawal, because we haven't
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noticed that. So, Mr. -- Mr. Jewett knows that it will be on next week's agenda for the
Council to take formal action to accept his withdrawal. So, that will just move to Item 9
on next week's agenda.
Simison: Have a motion to make that happen?
Bernt: Do we have to do that right now? Is there a specific place on next week's agenda
that you would like me to move --
Nary: It will be an action item for next week.
Bernt: Hopefully I do this right. Mr. Mayor?
Simison: Councilman Bernt.
Bernt: As stated previously, I would like to make a motion to move Item 9, which was Mr.
Jewett's application to formally request to withdraw, to put that on next week's agenda
under one of the action items.
Cavener: Second.
Simison: I have a motion and a second to move Item No. 9 to the Council meeting agenda
of August 25th under action items. Is there any discussion on the motion? If not, all those
in favor signify by saying aye. Opposed nay. The ayes have it. The motion is agreed to.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
DEPARTMENT / COMMISSION REPORTS [Action Item]
17. Community Development: Annual Department Report
Simison: Now we will move on under Department/Commission Reports and Item 17, the
Community Development Annual Department Update and I will turn this over to Cameron
Arial.
Arial: Mr. Mayor, Members of the Council, it's a pleasure to be with you. I'm going to try
to share my screen. Hopefully this works well and you can see -- everybody can see this
online as well. Is that coming through okay? Okay. I'm going to -- I may limit my notes,
but we will do our best hereto get through that. Got just a little bit of technical connectivity
with the staff computer. But it's -- again it's a pleasure to be with you and I'm excited --
really excited to give this annual update regarding the Community Development
Department. A lot has happened since our last update and I think it's timely to take -- take
a little bit of a step back. It's been fun with the department to do that and to really kind of
reflect on where we have been, where we are and, really, where we want to go and so
I'm going to kind of race through this and really look forward to the discussion, if -- you
know, feedback or anything that you guys have as we -- as we go forward. So, just real
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quick I want to talk about the team, particularly some of the innovations that have occurred
there just in our -- our structure. Certainly give a robust staffing update. Talk about
economic development. A lot going on in that world. And talk about planning, our
Development Services team, and, then, just end with some discussion. So, here is just
a quick org chart for you and I just want to kind of direct you to this -- the -- the size and
scope of this. So, we have currently 51 positions approved, 47 of them are filled, so we
are -- we are really stabilizing. We are really filling out the department, you know, based
on the evolution plan, some of the other positions that we have added. We will talk
specifically about a few of them, but I just wanted to give you a good overview of the
team. If you look to basically the right and bottom here, we have added a lot of folks,
especially in the inspection field. That's, again, very much related to our evolution plan
to -- and, then, also there the plan review team, entirely new to the -- to the city over the
last two years and, then, again, just a number of important positions that we filled going
forward. You will recall we also created the administrative division. So, that's right there
in the middle headed up with Stephanie Archibald and her team. A great addition to the
department as a -- you know, a really important cog in the wheel to help us be effective,
efficient, streamlined and that there is a good coordination between all of the divisions.
High level. Just really pleased with the -- the folks that we have -- we have hired. Some
specifics. Spoke about Stephanie. Great addition with Bret Caulder. He is a past building
official and is now our building plans examiner supervisor. Great addition to that team
and helping Sam there as the new building official. As you know, Sam was elevated there.
We are really pleased with -- with that promotion and how he's building out that -- that
team and leading that team forward. Another great promotion -- and you will hear this a
lot through these slides, just really pleased with how we are growing our team internally
and seeing a lot of personal growth and leadership. Folks -- folks are really stepping up
and it's been awesome to see that. Another example of that is Amanda McNutt there is
our land development supervisor. So, leading the LD team under Bruce. She's done a
great job in leading that. Mercedes is another permit tech. Apologize. See if I can --
Sarah again. Great addition in the permit tech team. She actually was with us as a
temporary employee and, then, was hired on full time, so it was really neat to keep her
and see her continue to progress. Codee, as you may know, she was elsewhere in the
city and we pulled her over into our land development team. She came on to help us with
the surety program and, then, she's now since been promoted to a reviewer -- civil plan
reviewer. So, it's just great again to see the growth there in Codee. She's fantastic. Kelly
Ready. He's a new addition. So, he filled Codee's position there in the surety program
and a great -- great hire there. Just good quality folks. Riley, as you know, he -- he was
hired originally as a structural building inspector and he was just recently hired over into
the plan review team as a plans examiner one doing residential reviews. So, that's going
to be a really cool evolution in our program, because now you have on the ground folks
that have, you know, seen -- you know, know how the development is happening, but now
they are working on the front end to make sure that -- to support those guys in the field.
So, it's a -- it's a great crossover and Riley's going to be doing a good job there for us.
Kegan, as you may know, she was promoted as well to fill our plans examiner two
position, so this is primarily over commercial reviews. This is one that's been really hard
for us to fill, but Kegan has stepped up from the residential side and is doing a great job
doing pre-screens and really starting to develop out that commercial plan review program.
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As you know, we still outsource our commercial reviews, but Kegan is laying the
groundwork for, again, even more capacity, more growth in our review program. Dan Cox
comes to us from Montana. Great guy. Doing electrical inspection. As you know, those
are hard to find. You got to find a journeyman, also, you know, on a path to certification.
A great hire in Dan. Joe Dodson. I think you guys have met Joe a number of times now
on -- on the planning side doing a lot of our current planning reviews. Just a great hire.
Stepped into that role really well and has a good can do kind of attitude. So, we just really
appreciate Joe and his addition. Alan I think you have met as well. He is a very
experienced planner. Great support there in current planning. Great, again, hire. We
hired him right during COVID, so we on boarded him remotely. Just a fantastic hire and
has been rolling with the punches and is coming -- coming on learning our culture really
quickly. Cam Scott. Great hire from Arizona. Just really filling in on the associate planner
side. So, helping a lot -- a lot with our folks coming in. Phone calls and CZC, stuff like
that. And you have had the pleasure of meeting Miranda a couple times. Just really
pleased with how quickly she is assimilating, as well as turning around a lot of the
education and transportation requests. So, you will hear more from her I believe next
week on some of the preliminary stuff that she has for you guys to get feedback on some
of the additions we want to do to the staff reports. So, again, just real quick a lot of growth
in incredible ways and it's just neat to see the team stabilizing and I think that's kind of
where the theme of this coming year will come as is to, you know, start to refine, calibrate,
fine tune, really continue the innovation that we have already got going and just really
support the incredible people that we have hired. So, just really pleased with -- with the
department. Kind of go over this just quickly. This is just the process. High level. So, tip
of the spear is economic development. We will start there. That, obviously, bleeds into
planning and how planning, you know, moves the project through and, then, we have the
reviews and the -- you know, the -- the actual construction through the development
services. And, of course, we have admin that kind of is the -- is the new cog in the wheel
that helps grease all that through the -- through the process. And, then, of course, it --
we are trying to retain what we have and enhance what we have as well in the Community
Development Department. So, let's go to the ED side. Some quick accolades. Don't
need to beat this over the head, but as you guys know we -- we -- speaking broadly there,
there is a lot of legacy here, a lot of really good hard work that's been done to create just
the incredible environment that we have economically for Meridian and we really are
taking advantage of that going forward. Just incredible growth. Really good stuff. It's
just -- it is the -- the opportunity we have to manage that well and responsibly and
appropriately. So, just really pleased with this good problem, if you will. On some of the
numbers. So, as you can see here just incredible job growth year over year. I will mention
on this stat, this actually represents 40 percent of all the valley's growth. So, Meridian is
a major contributor to the economic vibrancy of the state, let alone, you know, just our
own community. So, major player there. I think in my mind this is a -- again, a culmination
of a lot of really hard work over a long period of time and now we are starting to see a lot
of this and you will see this in the -- in the development numbers as well where we are
starting to see more and more sophisticated development, more and more sophisticated
employment and -- and a lot of that is occurring because we have a good quality
community. Residents well educated and so on. A lot of business growth. A lot of-- a lot
of folks coming in. A lot of even -- currently even before this -- this stuff was loaded in,
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we get a lot of calls, a lot of people wanting to come here for various reasons, leave other
places. A lot of business growth. On the unemployment number, this is an important one.
So, this spiked big you recall just even in the last couple months, but we are already back
down to 5.6 percent unemployment. So, I think you got to -- you got to kind of take that
one, you know, as a pretty good indicator of, you know, yes, COVID was impactful, but,
man, we -- we are still moving. People are still working hard. Jobs and industries. This
is an important one, too, and we will get to this more with some of the future steps. Tod
is working right now with our consultants to put the final touches on our economic
development analysis. As you guys know that we have been working hard on that for a
while now. Are really looking forward to present the results of that to you all. But that's
going to really give us good targets, good focus for our ED program, as well as a lot of
our strategic planning and other things to assimilate that information into it. So, good --
good focuses here. Some more of the numbers as far as the market goes. Great wage
-- or great household income. I know that this has kind of been sliced and diced. We do
have a lot of double income homes, but as far as income goes, or we have got a good
increase there, good -- a good median there. Meridian sale prices. You know, I know
Jessica, you know, couldn't be here tonight, but, you know, these are things that, you
know, she is very aware of. We just keep seeing our-- our median prices go -- go upward.
I think somewhat -- I think she had mentioned to me that we have a week's worth of
inventory on the single family side, but just interesting the -- the market going on. Median
rent is high and I think that's one thing that, you know, we will -- we will talk more about,
diversity of housing, ways to help all levels and strata of our community. And, then,
vacancy rates. One thing I will note here -- man, you will see this in the development
numbers, but as far as commercial office, industrial space goes, as hot as we have ever
been. I mean you see that number in industrial, .9 percent vacancy, that's -- that's an
issue and we will talk a little bit more about that. Certainly something that we are talking
about as we do area specific plans, as we talk about some of the build out of -- of our
current zones. These are areas that we -- we do need to kind of keep sacred. We need
to preserve that for that employment opportunity, as well as potentially expand them. So,
we will talk more about that.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Cameron, can you go back one? I just -- I don't understand the -- the numbers
that are in parentheses by retail, industrial, and office, what that is designed to designate.
Arial: That's telling you last year's numbers.
Cavener: Last year's numbers. Okay.
Arial: So, you know, I guess maybe one way to some -- you know, kind of digest that,
Councilman Cavener, is what -- what impact has COVID had. I think our -- you know, our
-- our commercial industrial zones are pretty hot. It's really hot. And you will see that
played out more even in our -- in our value numbers.
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Cavener: Thank you.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Yeah. He was breaking up during that explanation, so just-- I don't know if he's
moving from the mic or what, but it was hard to hear.
Arial: Sorry. Councilman Hoaglun, is that better?
Hoaglun: That is perfect.
Arial: Okay. I will try to -- I will try to eat this through my mask. All right. Here is just a
quick snapshot of some of the -- of the businesses that have come and --
Simison: Cameron, I think -- I think they missed what you said to Councilman Cavener.
If you can repeat that for us.
Arial: Repeat that. Okay. You bet. So, Councilman Hoaglun, Councilman Cavener had
asked what the numbers in parentheses here -- what they mean and I was explaining that
these are last year's vacancy rates at the same time and so, you know, in spite of COVID,
in spite of whatever, you know, our -- our commercial industrial uses can continue to be
really hot. Again, just pleased with the caliber of businesses that are -- that are joining
the Meridian community. You will see some later slides that show some of the expansion
as well. Just incredible business activity. Talk really quickly about urban renewal districts.
You guys are familiar with these. We have got the Old -- the Downtown District, the Ten
Mile District, and the newly minted Downtown Union District. You will see here in a few
slides just what the impact from the numbers side urban renewal has had. It's just been
awesome to partner with MDC, other partners, to advance the mission of these districts
and really to see the power of the tool. Obviously, there is a lot that goes into, you know,
making these areas happen, not just urban renewal alone, but certainly an incredible tool
to help our -- help our community grow. So, just specifically to downtown, here is just a
few of the projects that are currently underway, either in construction or plan. Really
pleased with -- with these. I know you guys get my weekly updates on these, but just
couldn't tell you how -- how happy I am with the momentum we have generated in our
downtown. It certainly isn't without its, you know -- you know, hurdles, like road closures
and what have you, but, man, what an incredible vision and opportunity we have to -- to
revitalize our downtown. The Ten Mile area. If you haven't been out there recently it's --
it's incredible. Our partners out there on the -- on the private -- in the private sector doing
amazing things, attracting great -- great companies and businesses. It's just -- it's
phenomenal and you will see that here in some of the numbers. But really pleased with
that as well and, again, the partnership with --with the --with the development community.
Here is some, you know, just expanding corporate footprints, so you are familiar with the
AmeriCorps building and some of the stuff going on in Silverstone and El Dorado, just
really really pleased with -- with the developments there. Opportunity zone. Here is just
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a few of the companies that are taking advantage of that. Again, this is something more
passive on the city side. We are just using it to attract investment to folks that can take
advantage of that and that's been -- certainly you are probably very familiar with the Union
93 project and others, but just a great opportunity there. Our CDBG program, live and
well. I can't -- can't tell you how grateful I am with the hire of Crystal Campbell in Tori's
team there. She's done a great job keeping us compliant and moving forward, tweaking
things here and there. I know that there was a lot of-- a lot of work there with COVID and
some of the -- some of the grants there and amendments to our plans, but just really
pleased with -- with how that's going. Also pleased to announce, if you hadn't heard, we
did get some of our CARES Act programming approved through the state just yesterday.
So, really pleased with some of that and, you know, the partnership there we have with
the Mayor's office, Dave Miles, as well as the Chamber of Commerce with Sean Evans
and his team to -- to help our small businesses with COVID related programming. Yeah.
Talked about that a little bit here as well. Here is some of those initiatives. One that I'm
going to just kind of point out is the permit fee waiver one. In addition to that, you are
going to hear -- I think it's in the tail end of the next meeting about the UZEP -- the legal
requirement there for some of the out -- outward permitting. Just really happy with the
partnership we have with legal, particularly Emily Kane to eliminate some of those kind of
unnecessary steps to help our business community thrive during COVID and just, you
know, Tori's work on that and a number of people's work to help our small businesses
adapt and thrive. Here is some of those companies that are new or expanding. Again,
just great ones. I think we just announced the JUB headquarters going out at Ten Mile.
That's a big one. Obviously, Keller downtown. PillPack, as you know, is the Amazon arm
of -- you know, their pharmaceutical arm that's coming out to the Silverstone area. Just
a great -- great business growth. More to come. I -- there is a lot more to come and I'm
just excited about the -- the quality, the partnerships, you know, the -- the types of
businesses that are coming to our community. So, this is one that I just wanted to give a
quick, you know, again, just a snapshot of some of these things that really just excite me.
You have low unemployment. Jobs are good. Good wages. Vacancy rates are low --
really low. And so, again, how do we make sure we keep -- keep our employment zones
there and/or expand them. You know, the commercial investment, the dollars that are
coming in. As you can see it's just phenomenal. You can also see here this ten million
dollar number, this is contributed capital. So, basically, private sector contributions for
public investment. That's a -- that's a really cool sign that people are partnering with the
city to put in infrastructure. And, then, I will just point you to this box down here. This just
highlights the three urban renewal or, excuse me, the two active renewals and, then, the
citywide commercial valuation that's just -- that Ten Mile one is -- is phenomenal. You
know, you can see there that there -- there is certainly a good use of that tool occurring.
And, then, of course, the -- the downtown we will -- year over year we will probably see
that even improve even as we close that one out and -- and work with the new union
district urban renewal. So, just really incredible growth in the -- in the commercial area.
With that to transition over to planning, again, want to just highlight the team. This is the
first time in a long time that the planning team has been fully staffed and we have the --
you know, the new addition of the position for Miranda Carlson. So, really-- really pleased
with this team, how they work together, how they are getting assimilated, up to speed,
learning our culture, you know, Meridian Way, CARE values, and just, you know, taking
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on the load. I'm really excited to see where -- you know, where these guys go. There is
great experience there. There is a lot of depth and breadth from other jurisdictions that
will continue to help us evolve. So, just really excited about the planning team there.
know Caleb and Bill are as well. So, just kind of just some quick stats, kind of where we
are hot. You got to love Brian and his visualizations. Just powerful -- you know, powerful
stuff. So, you can see we are really hot in the north. South is hot. Along the freeways.
But just a lot of year over year growth. So, inching up on 120,000 as we speak. Here is
some -- some more of the stats. So, we continue to see a lot of -- a lot of hearing level
applications. You guys know that, because you are working on them late into the night
hearing a lot of that. We are trying to make sure that we continue to keep our pulse and
finger on these and also that they are running through smoothly, but also the -- the quality
of reviews are still really there and I'm just pleased with the team, the pre-ap meetings,
the way they collaborate on questions or problems, you know, it's just -- it's neat to see
that. And, then, our administrative level. That's --that's pretty phenomenal numbers there
as well. Just TI's, you know, small, you know, CZCs and what have you that these guys
review for compliance is -- is pretty amazing. So, a lot of-- a lot of wording here, but just,
again, pleased with how we are meeting our expectations. One that I will point out is just
the -- you know, the process should take 160 days or less 90 percent of the time. This is
one that we have been working closely with a number of other departments on to try to
hone in on that. How do we accomplish that. Especially as we, you know, see more and
more applications coming in and more and more complex applications. So, how do we
continue to hold that high standard of review. The -- you know. And I will say this, this is
-- this is an important one. This staff training and longevity. You know, we do have, you
know, things that we have got to kind of focus on and make sure that, you know, we are
putting our experienced staff to good use and leveraging that as much as possible and,
then, helping, you know, everybody grow and advance and I have been pleased with --
with that. Not too much more on the comp plan. As you guys know, we are working
through a number of initiatives related to it, area specific plans, other UDC changes, for
example, on there -- and I know a number of you guys have, you know, a lot of input into
the comp plan, but just, again, an incredible accomplishment there. Some of the
highlights. Yeah. So, you know, this is a lot of the -- you know, a lot of the transportation
related stuff, but, again, a major focus of our department and, you know, look forward to
enhancing that and go forward as well. Some of the major projects. So, just a quick
highlight on those. I won't dwell on too many of them, although, you know, we do have
focuses and other new ones that may be coming on as well. But just to highlight some of
those major focus areas. And major milestones. Again, fully staffed in planning. Really,
really happy about that. Really pleased with -- I mentioned this with Alan, but just how
the team reacted to COVID. Going remote. Continued to supply a high level of customer
service in spite of circumstances. And, really, that is the -- you know, the defining thing
really for Planning, but also for the department is just thriving through -- through the
circumstance. I just -- I can't -- I couldn't be more proud of the team. All right.
Development Services. Real quick, the visual there, this is Bruce's team. A lot of
movement here. This is a lot of new folks and just, again, hired really well and now it's a
matter of calibrating and innovating as we -- as we keep moving forward. Just a couple
few key updates. I mentioned some of these. As you guys know, Denny Cline retired.
Just a staple in our -- in the city and we miss him, but so glad to fill that in --
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Borton: Mr. Mayor?
Simison: Councilman Borton, are you having a hard time hearing him?
Borton: Yeah. The audio broke up again.
Simison: Eat the mic. Is that better -- is that better, Councilman Borton? Okay. So, just
-- let's see. We talked about Amanda and Codee. Kelly Ready. Talked about him. So,
one quick change. We used to call in the LD program --we used to call them development
analysts. We found that to be a little confusing, particularly as we were hiring. So, we
changed that title to civil engineering plans examiners. Felt that was a little bit more clear.
So, just --just be aware of that and Amanda's team, that there was that change. So, this
is a fun one. Bruce helped me put this together, but, you know, we -- we had some
decisions to make a few years back and now we have the opportunity to kind of retrospect
and, you know, we came to that fork in the road and we took it and I can tell you definitively
I'm really proud that we did. It worked out well. You know, we -- at that time we were
building the airplane while it was flying. Now it's -- we are not landing the thing, but we
are still, you know, bolting stuff on, we are still tweaking things here and there. I mean
we kind of lovingly joke that I'm driving there and, you know, Bruce is kind of supporting
Sam and Sam's bolting something on the wing there. So, we are still kind of flying the
plane, but, you know, we are getting our -- getting our footing. It's just really, really cool.
Some just really -- some quick highlights. Some of these we have already mentioned,
but just--this gives you some of the -- the context of size and scope of projects and these
are massive projects that are very complex. You know, we are seeing clean rooms, we
are seeing, you know, steel erection, you know, we are seeing all kinds of incredible
development and that -- that equals valuation and taxation.
Borton: Mr. Mayor?
Arial: And it's -- it's -- that -- that equals valuation and levels of service and it's just a --
it's a great -- again, great to see all this development occurring. All right. On the
residential side -- so, here is just kind of the -- the year over year numbers. We will talk
a little bit more of this in context, but we -- you know, we are still hot. Last year was
incredibly hot and we are -- we are right about the same level there on residential. It will
be interesting to see kind of where we end up in the last, you know, few -- you know, few
months of this year. I can tell you, you know, July was really hot. We had, you know,
over 200 permits, which -- which was near record for the city. So -- let's see. On the
commercial side -- so, the things that I -- I want to kind of point out here -- I mean other
than the obvious, you know, you see that the number of buildings are down. Valuation a
little bit down. Square footage is actually more. So, you are seeing larger, more complex
projects. TI's, again, I will be interested to see how that goes. But a lot of square footage
-- commercial square footage coming on.
Borton: Mr. Mayor?
Simison: Yes, Mr. Borton.
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Borton: Yeah. It's the same problem just continuing. It crackles in and out and a six
seconds of crackle and eight seconds of clarity and --
Simison: We will move him someplace else.
Borton: Thank you.
Simison: Are you sure it's not the quality of the Borton Lakey telecommunications
equipment? If you need, I can come down and check your router later.
Hoaglun: I was having the same difficulty, Mr. Mayor.
Borton: All right. Thank you, Brad.
Arial: All right. Mr. Mayor, is that better? Can you guys hear me okay? All right. Okay.
Yeah. Now I don't have to wear the mask either. So, I'm looking at one screen and have
this one over here. So, we will just -- we will just kind of keep cranking here. So, yeah,
this -- this is a -- this is an important slide. You can see the year over year over year
change in total valuation. That's -- that's a little mind blowing, because, of course, as you
know, this -- this means, you know -- you know, we are able to provide additional services
to our community. Elevate the quality of our community. Public safety. Parks. What
have you. But just really -- really cool to see -- see this number and particularly on the
commercial side. So, major milestones. A lot of hiring. Incredible that we hire the way
we did and so it's a kudo to our HR partners, Crystal, Laura Lee, others,just really-- really
incredible of the amount and the caliber of people that we have on board with us. A lot of
internal promotion as we talked about. In my mind that's a direct indicator of the -- the
health of our department. People want to be here. They have -- they have a career path
and we are providing that for them. A lot of training and certifications. A lot of folks -- I
just -- I love that, you know, people meeting their own career goals and objectives, but,
then, also just -- we are getting people into a position to really help our -- our city be safe,
be the best we can be and, you know, just filling out the purchasing and budgeting there.
Some of the key performance indicators. Just really quickly through this. Just -- I think
what --what I want to show here is that the numbers of in-house plan reviews in particular
and out sources. Again, you guys know we still have a buffer. We have flexibility in some
of our reviews, but still some we have completely outsourced, but, you know, just, again,
a good healthy steady flow of reviews coming through the department. Pleased here with
this target. You know, our core target of 90 percent -- 95 percent of the time turning plan
reviews over in a timely fashion. Glad that we are able to, you know, report that, in spite
of the lot of what's been going on. It's an incredible team and, again, there continues to
be evolutionary there, but filling out and, you know, we will talk a little bit more about the
electronic side of things, but I will say this, that just came -- particularly in the building
section came at such an opportune time. It was just fortuitous that we had done that. We
pulled the trigger. We worked really hard to get the remote and electronic portal and
integration in place and, then, you know, COVID hit and we -- we were really fortunate
that we went through that. So, thank -- thank the Council for supporting that vision and
your continued support as we bring on Planning, Land Development, into that online
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format as well. Let's see. So, this is our inspection. So, again, you can kind of see the
ebb and flow and, you know, what we are out sourcing. Basically, I will just say we are
pretty much maxing out our outsource and so there is a kind of a fine line here where,
you know, we want to make sure we are still providing quality, but, you know, something
that we are watching very closely. So, this is the electrical, mechanical, and plumbing.
Fire. So, as you guys know, we have electrical and mechanical in house and plumbing
and fire outsourced. Really love our -- our partners there. They do really well for us and
I'm pleased to report that our in-house teams are incredible. Just really turning it around
and really proud of that. All right. The Land Development section. Just really quickly.
So, this is Amanda's -- under Amanda's leadership now. So, just -- this is the number of
reviews and I will say, you know, just to kind of caveat this one, so you -- kind of explains
it. This is -- it's not the number of reviews, it's actually the number of subdivisions. So,
you know, it may be that we are just not seeing as many subdivisions come through, but,
you know, the reviews are still -- you know, still pretty hot there. A lot of words here, but I
will just say we have -- we have done a number innovations, particular to our mylar
signature, streamlining that, and keeping that -- the timelines and -- and, then, also this
has been a really cool collaborative with Public Works and Fire in particular to do our --
to do GIS review prior. Again, this is just a great way to communicate. It helps everybody
be on the same page and we can -- we can turn around those land development reviews
much quicker with -- with our other partners. A few other things here. So, land
development we are now up -- data is now available through Accella, so we are excited
about that. So, we can start to, you know, monitor the turnaround times of our reviews,
you know, do a whole lot of things there that will be helpful. Our two LPEs, that's
something that, you know, we outsource, qualified licensed professional engineer review.
So, it's basically a third party. Our goal there is to make sure that our reviews are error
free. So, that the key LPEs come back-- comes back clean. But if it doesn't that's always
good, too, because that means they are helping us there. But that's the -- you know, the
state requirement that a third party review that. So, just a quick -- a quick one on that.
And, then, I would say we are working on process. Kelly and Codee, but -- you know,
and Bruce there -- and Amanda to improve our surety timelines, our street naming review
timelines with Terri and Ryan and our addressing as well. So, just really pleased with
some of those innovations. So, now I'm just going to kind of wrap up. I know that was
kind of fast and furious, but just a couple things to kind of point to going forward. Talk
about the ED analysis, really look forward to bringing that to you guys here short term.
Tod will be presenting that to you, getting your feedback, and how we can best use that
report. I have seen a draft of it, it's really -- it's going to be some good stuff. You are
going to like that. Preserve and potentially expand commercial industrial land use. Kind
of talked about that. There is -- I think there is opportunity and we need to, you know,
make sure we do all we can to use those zones and maximize those zones. Our regional
planning efforts. I know you guys are familiar with our area specific plans. Caleb and
Brian are doing good work on the -- The Fields area plan right as we speak. Obviously,
with Miranda onboard and some of the work that Caleb and Brian are doing, they are
excited to report some of that to you next week. Brian has been heading up the fiscal
impact tool as well. That's going to be a pretty cool tool. I think one -- one that I didn't
mention is being led by Dave Miles and the -- you know, the service impact tool. We will
be looking to, you know, certainly partner with that as well. It's a valuable tool. And, then,
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you know, as a department just to continue to stabilize and increase our efficiency,
improve, you know, always open to that, you know, any comments on ways that we can
do that. I'm just really excited about the technology. Mentioned that. We will likely be
coming back to you in partnership with Dave -- Dave Tiede and potentially Chris in the
Clerk's office to talk about further integration with Iaserfiche, which is our records retention
module that can potentially streamline things even further. So, just plant that seed with
you. Current career development opportunities. We have been working with this
internally and with our HR partners. Excited about that, what that means for our
department. And, again, just --just proud -- really proud of the -- of the team and where
we are and, again, just appreciate all the support from the Mayor and you all in making
these things happen. So, Mr. Mayor, with that I will gladly stand for questions or
discussion.
Simison: Thank you. Council, any questions?
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I -- Cameron, this is pretty exciting stuff, especially with the commercial for what
we are doing. I think residential has somewhat become the norm in Meridian. I think
people expect, you know, residential growth in Meridian. It doesn't show any signs of
stopping anytime soon. But the commercial part of it is what excites me the most. I like
that. On top of that, one of your KPIs had mentioned about levels of service and keeping
that level of service at an acceptable level. I think that's so important that people can
continue to expect to get a level of service when they do business with the City of
Meridian. The team's done a great job and just hope that that level of service continues
to be where it's at today. Unemployment. I'm shocked at that number. I mean given
what's going on in our economy, I mean, you know, locally and worldwide and our state,
I don't think there is very many communities that can say they -- they have an
unemployment number of 5.6 percent. So, true testament to the businesses in Meridian
and the citizens in Meridian that are patrons of those businesses and I hope that continues
to be the case as well. Looking through my notes here. The org chart that -- your org
chart looks a lot different than -- today as it did last year when you gave this presentation.
So, it's amazing what you guys have gone through from, you know, basically creating a
new division within your department and kudos to Bruce and -- and his team and your
team for executing that to the best of your abilities. I don't --just quite amazing what that
looks like now compared to what it used to. But at the end of the day, Cameron, you are
doing a great job. I -- Meridian continues to grow and hopefully we can continue to grow
in a smart way. So, thank you for your presentation and this -- those were the notes that
I had written down.
Arial: Thank you, Councilman Bernt.
Cavener: Mr. Mayor?
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Simison: Councilman Cavener.
Cavener: Cameron, appreciate the -- the presentation and really I just wanted to
commend the Community Development Department employees. Holy cow, what a --
more than a year. It's been a -- this has been a building process and I think that you guys
have done a great job of making sure that you are hiring the right people, maintaining
strong culture within the department. Cameron, I appreciate those weekly updates that
you send us on Friday. It gives me as a Council Member some insight about the progress
that you are undertaking. It really gave me good comfort about week in, week out the
things that you and your staff were doing to accomplish some -- some big hairy audacious
goals and you continue to do that and I'm really looking forward to the future.
Simison: Councilman Cavener, because they are so busy you got to just call it the bee
hog for them, so we -- they don't have time to say all those big words.
Cavener: Fair enough.
Bernt: Man, it's funnies today.
Arial: Thank you, Councilman Cavener. That's much appreciated.
Simison: Council, any further questions for Mr. Arial at this time? Okay. Cameron, thank
you very much to you and your team for all -- all they do --
Arial: Thanks so much.
18. Parks and Recreation Department: Management and Operation of
Lakeview Golf Course Discussion
Simison: And, more importantly, all they are going to be doing over the next several years.
With that we will move on to Item 18. See if Mr. -- it does look like we have -- is Garrett
going to be the one on this item for -- oh, there he is. Perfect. Okay. Parks and
Recreation Department management operation of Lakeview Golf Course discussion. I
will turn this over to Mr. Barton.
Barton: Good afternoon, Mayor and Council. Pleasure to be with you this afternoon. I'm
going to share my screen here. I have got a couple of slides that I want to go through.
Last week, like -- everybody's aware that Council approved the management agreement
for the city to take over operations of Lakeview Golf Course on October 9th, so we want
to have a discussion this afternoon with, you know, a little bit about the golf course and
kind of what it is for people that don't know, but also how we intend to go forward really
for the next six months, because part of that management agreement between Western
Ada Recreation District and the city also included some funding opportunities from WARD
to develop a master plan and also an irrigation audit. Those two things will -- can identify
the process for the longer term, maybe for the next five years. But in the meantime,
because we are in a short window where we want to operate this, we want to take over
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full operations on October 9th, we have got to -- we have got to plan for that for the short
term and the long term. So, Lakeview Golf Course, if you have seen it, it's kind of buried
in the middle of that square mile between Cherry Lane, Ustick, Black Cat and Ten Mile
Road. You know, extremely nice, really a gem of the community. So, for people that
haven't been out there that may or may not know, they offer competitive rates. Last year
they averaged right around 32,000 rounds that were played. So, it's really busy. Eighteen
hole, par 72, they offer a full slate of programs, junior programs, golf lessons. They have
a men's and women's association, tournaments, full driving range, food and beverage
service and, then, they also started offering an outdoor space for weddings and special
event. So, some of the concerns that we have for a smooth transition, of course, are the
operations, reservations, the technology, the merchandising, logistics. Of course the --
just the agronomy and the golf course maintenance. Food and beverage sales and
marketing. Keep that good momentum that they have going. Human resources is a big
deal for us. It's our intention to retain the existing staff. There is a huge amount of
institutional knowledge there. You can tell if you have visited recently that there is a lot of
ownership in what they do and, then, also we have the accounting and the finance part
of it. So, these are our concerns for a smooth transition. You know, if you -- if you kind
of drill down into a little bit more granular level you can see that we have put together a
list of -- kind of a to do list that is the transition from the lease operator over to the city
and I'm not going to go over the entire list, obviously, but you can see that there is -- it's
pretty extensive and some of these may be easy, some of these are maybe items that
may take several months to develop and to really dig into, but these are some of the
things that we will be working on going forward. So, how do we -- how do we get there.
So, the third transition plan --
Bernt- Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I don't mean -- I don't mean to interrupt. Hey, Mike, are you -- are you thinking
that you are sharing your screen? Are we supposed to be looking at something?
Barton: I am sharing my screen.
Bernt: I don't -- we don't see your screen.
Cavener: Mr. Mayor? It might be easy -- I have been kind of tracking along with the
attachment on the agenda. If he is not able to share we can at least follow along that
way.
Barton: Let me see if I can -- are we on? Can you see the screen now?
Simison: Yes.
Barton: Perfect. So, apologize for that. Thanks for stopping me. So, we will back up
real quick. So, Lakeview Golf Course. Here is a nice aerial view of it. The SAQs that we
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went over some of the concerns that we have and, then, really that -- that more extensive
list of items to work on and I will just pause -- pause there. You know, quite a few -- quite
a few things. So, it's really our goal at least for the next six months -- six to nine months
to transition the operation over to the city without any disruption of service. We want to
maintain the service level. We want to keep the golf course open. We want to retain the
existing staff. We want to develop a master plan that will be a guiding document that has
extensive public input and input from Council on what everybody sees is the best course
of action for operation for--for the next five years and that's --that's what we -- in addition
to these items that's what -- that's what we will be working on going forward. So, how do
we -- how do we get there. So, our preferred transition plan is to hire a management
company that specializes in golf course operations. This company is named Kemper
Sports and they manage golf courses all over the country and in Oregon and Washington.
So, they have the operations, the technical expertise. The other thing that they can do is
they will facilitate the payroll. They will do all the financial accounting for the city for this
interim period and it's our goal to finalize a management contract of course with this --
pending the outcome of this discussion and if Council sees this as a way to move forward
for the next six months, we will bring back a management contract between the city and
Kemper Sports right around September 1st with the goal of having them on board
September 15th. Give them about a two week head start. So, day one when -- when it's
turned over, which would be October 9th, they have already been on board and it's just
kind of a seamless thing where operations transition over to the city -- really Kemper
Sports. There is no disruption in service and life's good at Lakeview Golf Course. So,
next steps. I kind of went over some of that. So, it's the transition plan, the management
agreement. Some of this would come with a -- with a budget amendment for operations
in fiscal year 2021. Of course, it's our goal to offset that budget amendment or any
expenses with revenue. Last year the golf course was profitable. So, we are -- it's our
goal to remain so and keep that -- keep that good momentum going and make
improvements. So, just some of the -- some of the partners that we have -- Lakeview, of
course, has been easy to work with. A perfect partner. The National Golf Foundation is
who we would contract with to do the master plan. Kemper Sports. Of course Western
Ada Recreation District. SPS Water would be doing some cleanup on some water rights
and, then, we have Bear Design Group is -- would be performing a full irrigation audit.
So, with that I will stand for any questions you might have.
Simison: Thank you, Mike. Council, any questions?
Cavener: Mr. Mayor?
Hoaglun: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Thanks, Mr. Mayor. Mike, a question about the -- the contract with Kemper.
And maybe this is a question for Mr. Nary or Finance. I'm just curious. Do we have to go
out for an RFP on anything like that because of the potential cost to the contract or
because it's a monthly amount is that not something that we are required to do?
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Nary: So, Mr. Mayor, Members of Council, because it's a professional service we are
hiring them to do we weren't required to go out to bid that contract. We did work with Mr.
Watts, obviously, to get that secured. But, yeah, we didn't have to do that.
Cavener: Okay. Mr. Mayor, follow up.
Simison: Councilman Cavener.
Cavener: Mike, is it the department's plan, then, that kind of over that six months you
guys will evaluate if we are going to take over course management internally or -- or look
to find a more permanent contractor solution?
Barton: Yeah. That's -- great question. So, one of the -- one of our goals in creating this
master plan is to develop the appropriate operations plan for the next five years. Some
of the scenarios that could be -- come in play is everything from another lease operator
to a full management to having everybody be city employees to a hybrid of some city
employees. There is a concessionaire for food and beverage. There could be city
employees in the top -- the supervisors there and, then, the next tier down maybe it -- are
employees of a staffing agency. So, there is -- there is a variety of options and it's our
goal to identify what the options are, the pros and cons of each one and how they affect
the revenue over the course and its ultimate profitability.
Simison: Mr. Hoaglun, did you have questions?
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Yeah. Mike, yeah, this is the right step to go with the management company
and get this ball rolling and I do have a question, though, with -- with the takeover
occurring here in the fall, it's hard to predict what the revenues will be, but will we have
sufficient revenues to cover the costs of that contract for those six months? If -- what --
do you have confidence that that can happen, knowing -- you know, you can't predict the
future, but how confident are you that we will --we will cover those costs with the revenue?
Barton: Yeah. That's a --that's a great-- a great question and so, obviously, from October
through the end of March is not the high volume time of year on a golf course. We could
have another Snowmageddon and the course is covered in snow and nobody can play.
We are -- it's our goal to offset everything with revenue and we will do everything feasibly
possible to try to accomplish that goal.
Hoaglun: So, Mr. Mayor, just to follow up.
Simison: Councilman Hoaglun.
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Hoaglun: So, Mike -- Mike, looking at the -- at the revenues that have been brought in --
in a normal year without a Snowmageddon, we should be okay to cover the costs; is that
an accurate statement?
Barton: I believe that's an accurate statement and so with the -- so, obviously, that -- that
fall, winter, early spring time is not a high volume time of year, but you are -- also at the
same time your expenses are lower. So, over the course of 12 months it has been
profitable. One thing to keep in mind is that there is, you know, some of the capital
improvements or capital investment has been deferred, so -- but the day-to-day
operations have been profitable.
Hoaglun: And, Mr. Mayor, just to comment on that.
Simison: Mr. Hoaglun.
Hoaglun: Yeah. I think you are absolutely right, Mike, you know, if we can make sure we
cover the cost of the management and hopefully, you know, have some revenue or at
least definitely as we go into the spring and summer, the busier season, certainly improve
upon that. Yeah. There is -- there is going to be some capital expenditures we are going
to have to make. We know that WARD is helping pay for some studies being done and
we will find out what's needed. We don't think we have to do everything at once if there
are some things needed, but certainly we go in with our eyes open that there might be
some improvements that are necessary, but I -- we appreciate you and Steve and
everyone else in the Parks Department working on this being handed this issue and
saying, here, solve it and you guys have done a great job and I think we have got a good
path going forward. So, thank you.
Barton: Thank you. Appreciate it.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: To kind of dovetail on some of those comments, this whole process is such a
long term play that I would expect it, quite frankly, not to cash flow and not to -- not to
make money. There was a lot of -- from the income and expense of -- of avoiding those
deferred capital improvements and reserves and -- and we just got into this with our eyes
wide open that we are trying to turn a corner slowly on this and we are going to spend
some money to make it happen I think everyone in the community -- the community is
going to benefit on the back end as we turn the corner with this, but realistically we very
well may be spending more than we are bringing in for a period of time as we get this ship
righted. I think we are going to learn a lot. It's a great consultant to help us understand
what we don't know. Then we can make some policy decisions on how this thing is
managed long term, how it's priced, what we offer. But I would expect us not to be cash
positive for a while when thing gets started.
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Simison: Thank you, Councilman Borton. I think that that's not the intention, but our eyes
are open.
Borton: Good work.
Simison: Council, any further questions or comments at this time? Okay. Well, Mike, we
look forward to bringing that back to us and it looks like there is no concerns over the
direction you are headed from a management standpoint, so we will look forward to
seeing that back in the time frame and continue these ongoing conversations to invest in
this community asset.
Barton: Okay. Thank you for your time.
19. Code Enforcement: Appeal of Order to Abate Weeds at Lot 01, Block
01, Kentucky Villas Subdivision, Parcel R4882890010, by Bruce B.
Hessing
EXECUTIVE SESSION
20. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or
to formulate a counteroffer; and (f) To communicate with legal counsel
for the public agency to discuss the legal ramifications of and legal
options for pending litigation, or controversies not yet being litigated
but imminently likely to be litigated.
Simison: All right. Council, Item 19 was vacated and I think that we will not do Item 20
at this point in time. So, do we need to have a motion to vacate that?
Nary: Yes. What we will do, Mr. Mayor, Members of Council, is we need to add 74-
206(1)(f) to the regular agenda, along with the one that's already listed.
Simison: Councilman Bernt.
Bernt: Mr. Mayor, I move that we vacate Item 20 off the agenda, knowing that -- that our
6:00 o'clock agenda we do have Item 10 and at that time I will add 74-206(a)(f) to that
agenda to make it whole with that. I think that's it.
Cavener: Second.
Simison: I have a motion and a second to vacate Item 20 off the agenda. Is there any
discussion on the motion. If not, all those in favor signify by saying aye. Opposed nay.
The ayes have it.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
Bernt: Mr. Chairman, I move that we adjourn the meeting.
Page 24
Meridian City Council Work Session
Item#1. August 18,2020
Page 21 —21
Cavener: Second.
Simison: I have a motion and a second to adjourn the meeting. All those in favor signify
by saying aye. Those opposed say nay. The ayes have it. We are adjourned.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
MEETING ADJOURNED AT 5:47 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
9 / 1 / 2020
MAYOR ROBERT E. SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
Page 25
7/tem 77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Approve Minutes of August 4, 2020 City Council Work Session
Page 3
Meridian City Council Work Session
Item#1. August 4,2020
Page 11 of 11
Simison: I have a motion and a second to adjourn into Executive Session. Is there any
discussion on the motion? If not, clerk will call the roll.
Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault,
yea.
Simison: All ayes. Motion carries.
MOTION CARRIED: ALLAYES.
EXECUTIVE SESSION: (4:57 p.m. to 6:00 p.m.)
Simison: Council, do I have a motion?
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move that we come out of Executive Session.
Cavener: Second.
Simison: I have a motion and a second to come out of Executive Session. All those in
favor signify by saying aye. Opposed nay. The ayes have it.
MOTION CARRIED: ALLAYES.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move that we adjourn the meeting.
Cavener: Second.
Simison: I have a motion and a second to adjourn the meeting. Any discussion on the
motion? If not, all those in favor signify by saying aye. Those opposed nay. The
ayes have it. We are adjourned.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 6.01 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
8 / 18 / 2020
MAYOR ROBERT E. SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
Page 14
7/tem 77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Approve Minutes of August 4, 2020 City Council Regular Meeting
Page 15
Meridian City Council
Item#2. August 4,2020
Page— ——
our priority areas and just take a look atACHD's five year plan for Black Cat and possibly
McDermott and, then, also what -- what, if any, limited information we have regarding
enrollment -- school enrollment. Just a big -- bigger picture view of what's happening in
that square mile, mile and a half, so that the next time these applications come before us
we have a good idea of what's going on in the entire area. So, I understand from the
Planning Department that they do have information available and easily ready to share
with us, so it's not something that should take a lot of preparation.
Simison: Duly noted.
Perreault: Thank you.
Simison: Any other items under this item If not, do I have a motion?
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move that we adjourn.
Cavener: Second.
Simison: I have a motion and a second to adjourn the meeting. Is there any discussion
on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes
have it. We are adjourned.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 7:15 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
8 / 18 2020
MAYOR ROBERT E. SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
Page 42
7/tem 77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Blakeslee Commons No. 2 Sanitary Sewer Easement No. 1 and 2
Page 43
.10ject_Name(Subdivision): ADA COUNTY RECORDER Phil McGrane 2020.106334
Blakeslee Commons 2 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 08/19/2020 12:42 PM
CITY OF MERIDIAN, IDAHO NO FEE
Sanitary Sewer Easement Number: 1&2
Identify this Easement by sequential number if Project
contains more than one sanitary sewer easement.
(See Instructions for additional information).
SANITARY SEWER EASEMENT
IS Easement Agreement, made this nth day,of August ,2020 between Bungalows Meridian LL,C
("Grantor"), and the City of Meridian, an Idaho :Municipal Corporation ("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other
good and valuable consideration, the Grantor does hereby give, grant and convey unto the
Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer
over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer their allied facilities, together with their maintenance, repair and replacement at the
convenience o fthe Grantee, with the free right o faccess to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
after making repairs or performing other maintenance, Grantee shall restore the area of the
easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated
herein.
Sanitary Sewer Easement REV. 01/01/2020
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
public street, then, to such extent, such right-of-way and easement hereby granted which lies
within such boundary thereof or which is a part thereof, shall cease and become null and void
and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and
Iawful right to convey said easement, and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,
assi I representatives,purchasers, or transferees of any kind.
(GRANTOR:
N WITNESS WHEREO the said parties of the first part have hereunto subscribed their
ignatures the day and year first herein above written.
STATE OF IDAHO )
ss
County of Ada )
This record was acknowledged before me on July 22, 2020 by Ron Walsh, on behalf of
Bungalows Meridian, LLC in the following representative capacity: Member or Manager.
The entity on behalf of whom record was executed.
MATTHEW DPIDAHO
COMMISSION
NOTARV
STATE 0MY COMMISSION EX Notary Signature
My Commission Expir
Sanitary Sewer Easement REV.01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor
Attest by Chris Johnson, City Clerk
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 8-18-2020 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk,respectively.
Notary Signature
My Commission Expires: 3-28-2022
Sanitary Sewer Easement REV. 01/01/2020
TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713
SURVEYING (208) 385-0636
El M Fax (208) 385-0696
Project. No.: 4263-2
Date- July 23, 2020
EXHIBIT A
DESCRIPTION FOR
CITY OF MERIDIAN SANITARY SEWER EASEMENTS FOR
PROPOSED BLAKESLEE COMMONS SUBDIVISION NO. 2
EASEMENT NO. 1:
A City of Meridian sanitary sewer easement lying in Government Lot 2 of Section
5, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as
follows:
Commencing at a brass cap marking the North 114 corner of said Section 5, said
point bears North 89044'30" West 2656.56 feet from a brass cap marking the Northeast
corner of said Section 5; thence
South 64°25'06" East 866.41 feet to a point marking the POINT OF BEGINNING;
thence
South 89044'30" East 20.00 feet to a point; thence
South 00'15'30" West 123.32 feet to a point of curve; thence along a curve to the
left 28.53 feet, said curve having a radius of 56.00 feet, a central angle of 29'11'44" and
a long chord bearing
North 58°45'55" West 28.23 feet to a point of ending of curve; thence
North 54°20'09" East 5.19 feet to a point; thence
North 00015'30" East 105.74 feet to the POINT OF BEGINNING,
Said easement contains 2,324 square feet,
EASEMENT NO. 2:
A City of Meridian sanitary sewer easement lying in Government Lot 2 of Section
5, T.3N., RAE., B.M., Meridian, Ada County, Idaho and more particularly described as
follows:
Commencing at a brass cap marking the North 114 corner of said Section 5, said
point bears North 89044'30" West 2656.56 feet from a brass cap marking the Northeast
corner of said Section 5; thence
South 55'11'53" East 986.53 feet to a point marking the POINT OF BEGINNING;
thence
South 57°59'05" East 5.25 feet to a point; thence
South 89044'10" East 85.17 feet to a point-, thence
South 00015'30" West 20.00 feet to a point; thence
W.542635PIal4Phase 21Meridianl4263-2-sewer-descdocx-jtic
T EA L EY'S LAND SURVEYING 12594 W.Explorer Dr.-Suite#150,Boise,Idaho 83713* (208)385-0636
Project No.: 4263-2 Page 2
Date: July 23, 2020
North 89044'10" West 112.07 feet to a point of curve; thence along the arc of a
curve to the left 32.41 feet, said curve having a radius of 56.00 feet, a central angle of
33009'54" and a long chord bearing
North 44050'59" East 31.96 feet to the POINT OF BEGINNING,
Said easement contains 2,036 square feet.
�3, LANDS
3470
0
32 BASIS OF BEARING EXHIBIT B
S 69044'30" E_2656.56. 32 33
y
EAST LISTICK ROAD
5'. 5 4
CITY OF MERIDIAN
SAN[ ARY SEWER EASEMENT EXH1017F
FOR PROPOSED r3L-AKESLEE COMMONS
SU0PIVISfON NO.
LYING IN GOVERNMENT LOT 2, SECTION 5,
66
T.3N., RAE., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
S 89041'37" E 159.94'
S 89*44'30" E
20,00'
25
2
Ld
NO. I
26 24
N 54'20'09" E
5.19,
- ---------
c_
1
23 0
E. PICARD'..
COURT
22 Ln
N 5705' W m
5L25'
5 89',L4'10" E '85.17 0
17
PRIVATE DRIVE C.
/ s 00,15,501, w
Z�
N 89'44'f0' W h2 07' 20.00,
NO. 2
19 20 21 1
SANITARY SEWER EASEMENTS I AND 2
�,v L A Np CURVE TABLE
CURVE I RADIUS I DELTA ILENGTH BEARING CHORD
C_ 1 56.00' 1 33'09*54" 1 32.41' N 44'50'59" 1- 31.96'
3
5 56.00' 1 29'11'447"_ 1 28.53' N 58*45'55" W 28.23'
4 C_ 14
T�Ioy TEALET
A S LAND SURVEYING
.
12594 W. EXPLORER DRIVE, SUITE 150
208-385-0636 BOISE. ID.
4263-2-plat-shilofdwy 07-23-20 143908 jcox
77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Chamberlain Estates Pedestrian Pathway Easement
ADA COUNTY RECORDER Phil McGrane 2020-106337
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 08/19/2020 12:43 PM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):
Chamberlain Estates Pathway Easement
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 18th day of August , 2020 , between Chamberlain Estates HOA
hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipalcorporation,
hereinafter referred to as "Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner of real property on portions of,which the City of Meridian
desires to establish a public pathway; and
WHEREAS, the Grantor desires to grant an easement to establish a public pathway and
provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement described
herein; and
NOW, THEREFORE, the parties agree as follows:
THE GRANTOR does hereby grant unto the Grantee an easement on the following property,
described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated
herein.
THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway
easement for multiple-use non-motorized recreation, with the free right of access to such
facilities at any and all times.
TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns
forever.
THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated
herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
the Grantor shall repair and maintain the pathway improvements.
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the
easement hereby granted become part of, or lie within the boundaries of any public street,
Pedestrian Pathway Easement REV. 01/01/2020
then, to such extent such easement hereby granted which lies within such boundary thereof or
which is a part thereof, shall cease and become null and void and of no further effect and shall
be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and lawful
right to convey said easement, and that it will warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and
year first hereinabove written.
GRANTOR: Chamberlain Estates HOA
a
Jan Van Houten, President
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on TLayx2,ao"Pate) by \Ja-n Vain N n LL,—cyA
(name of individual), [complete the following if signing'g in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of ChQrnbc,Yl4:r%eS+r, S (+0A
(name of entity on behalf of whom record was executed), in the following representative
capacity: ` yts a-cnt (type of authority such as officer or trustee)
(stamp)
Notary Signature
My Commission Expires:_WOh2Y' 10
%flooASS 01
r'
�4 �c of%pP`�.`
Pedestrian Pathway Easement REV. 01/01/2020
Item#4.
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor
Attest by Chris Johnson, City Clerk
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 8-18-2020 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2022
Pedestrian Pathway Easement REV. 01/01/2020
EXHIBIT A
Legal Description
Lot 5 of Block 8, and Lots 20 & 33 of Block 2, of the Chamberlain Estates Subdivision No. 2,
Book 75, page 7619, Ada County Records.
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77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Victory Commons Pedestrian Pathway Easement A
ADA COUNTY RECORDER Phil McGrane 2020-106341
BOISE IDAHO Pgs=7 CHE FOWLER 08/19/2020 12:46 PM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):
Victory Commons
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 18th day of August , 20 20 , between Kuna Victory, LLC
hereinafter referred to as "Grantor", and the City of Meridian., an Idaho municipal corporation,
hereinafter referred to as "Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian
desires to establish a public pathway; and
WHEREAS, the Grantor desires to grant an easement to establish a public pathway and
provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement described
herein; and
NOW, THEREFORE, the parties agree as follows:
THE GRANTOR does hereby grant unto the Grantee an easement on the following property,
described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated
herein.
THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway
easement for multiple-use non-motorized recreation, with the free right of access to such
facilities at any and all times.
TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns
forever.
THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated
herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
the Grantor shall repair and maintain the pathway improvements.
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the
easement hereby granted become part of, or lie within the boundaries of any public street,
Pedestrian Pathway Easement REV. 0 1/0 1/2020
then, to such extent such easement hereby granted which lies within such boundary thereof or
which is a part thereof, shall cease and become null and void and of no further effect and shall
be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and lawful
right to convey said easement, and that it will warrant and forever defend the title and quiet
possession thereof against claims arising exclusively out of acts of the Grantor and no other.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and
year first hereinabove written.
GRANTOR:
KUNA VICTORY, LLC
By: BV Management Services, Inc., an Idaho
corporation, the Manager
/ e �
By:
Cortney Liddiard ident
STATE OF. 1164& )
)ss.
County of' NJl�ie
On the day of c 2020,before me the undersigned, a notary public in urd for
said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV
Management Services, Inc., which corporation is the Manager of Kuna Victory, LLC, and the Manager
who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me
that such corporation as the Manager executed the same in said limited liability company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
JEDD K JOB—`NES _
(seal) COMMISSION NO. 20181559 Notary ublic for aho /
NOTARY PUBLIC
STATE OF IDAHO
[MY COMMISSION EXPIRES 8/24/24
Pedestrian Pathway Easement REV. 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor
Attest by Chris Johnson, City Clerk
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 8-18-2020 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2022
Pedestrian Pathway Easement REV. 01/01/2020
Exhibit A
Parcel A
2775 W,Navigator Drive,Suite 210 Idaho Office
Meridian,Idaho 83642 H®RRO C K T 208.895.2520
www,horrocks.com
Ilrll �
E N G I N E E R S
Date: June 15, 2020
Project: ID-1402-1810 8960 0
Page: 1 of 3 !I�/�, �
EXHIBIT"A"
OF
SIDEWALK EASEMENT
This Easement is situated in Government Lot 4 of Section 19, Township 3 North, Range
1 East of the Boise Meridian, City of Meridian,Ada County, Idaho,being a portion of
Lot 1, Block 1 of Mussell Corner Subdivision, on file in Book 95 of Plats, Pages 11624-
11626, also being a portion of Parcel A of Record of Survey Property Boundary
Adjustment No. 8699, records of Ada county, Idaho,more particularly described as
follows:
COMMENCING at the southwest corner of said Government Lot 4; thence along the
west boundary of said Government Lot 4,
1) N.00°38'36"E., 1331.46 feet to the northwest corner of said Gov't Lot 4; thence along
the north boundary of said Gov't Lot 4,
2) S.89-21'24"E., 70.00 feet to a point on the northwest comer of said Lot 1,being
coincident with the east right-of-way of S. Kuna-Meridian Road as it now exists and
the POINT OF BEGINNING;thence along the west boundary of said Lot 1,
3) S.00°38'36"W., 605.56 feet to the southwest corner of said Parcel A; thence
coincident with the south boundary of said Parcel A;
4) S.899123"E., 12.21 feet, thence;
5) N.00°56'19"E., 528.27 feet;thence through a non-tangent curve to the left,
6) Having a length of 23.45 feet, a radius of 102.87 feet, and through a central angle of
130 03'30", with a chord bearing of N.05137'14"W., and a chord distance of 23.40
feet, thence;
7) N.13°03'41"W., 9.70 feet,thence through a non-tangent curve to the left,
8) Having a length of 62.97 feet, a radius of 129.11 feet, and through a central angle of
270 56'36", with a chord bearing of N.68°09'l7"E., and a chord distance of 62.34
feet, thence;
9) N.54-1 0'59"E., 5.18 feet, thence through a non-tangent curve to the right,
HAD 1402 Victory Commons/Project Data/04 Survey/4.02 Descriptions and Exhib WParcel B PBA 012100
Date: June 15,2020
Project: ID-1402-1810
Page: 2 of 3
10)Having a length of 83.36 feet, a radius of 47.98 feet, and through a central angle of
990 32'36",with a chord bearing of S.76004'03"E., and a chord distance of 73.27 feet,
thence;
11)S.26°14'22"E., 119.50 feet,thence through a curve to the right;
12)Having a length of 19.67 feet, a radius of 98.00 feet, and through a central angle of
11'29'54", with a chord bearing of S.20034'02"E., and a chord distance of 19.63 feet,
thence through a curve to the left;
13)Having a length of 21.71 feet, a radius of 106.28 feet, and through a central angle of
110 42'19", with a chord bearing of S.21"15'58''E., and a chord distance of 21.67 feet,
thence;
14)S.29°3758"E., 8.46 feet,thence;
15)N.56.08'01"E., 10.02 feet,thence;
16)N.29°33'42"W., 3.94 feet,thence;
17)N.66°20'50"E., 9.09 feet to the east boundary of said Lot 1,thence coincident with
said east boundary through a non-tangent curve right;
18)Having a length of 8.98 feet, a radius of 655.00 feet, and through a central angle of
000 47'08",with a chord bearing of N.28040'10"W., and a chord distance of 8.98 feet,
thence leaving said east boundary;
19)S.65°54'32"W., 8.83 feet,thence through a non-tangent curve to the right;
20)Having a length of 14.05 feet, a radius of 92.00 feet, and through a central angle of
080 45'05",with a chord bearing of N.19041'13"W.,and a chord distance of 14.04
feet, thence through a curve left;
21)Having a length of 21.62 feet, a radius of 108.00 feet, and through a central angle of
110 28'15",with a chord bearing of N.20034'39"W., and a chord distance of 21.59
feet, thence;
22)N.26°14'22"W., 119.50 feet, thence through a curve left; A4 A
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HAD 1402 Victory Commons/Project Data/04 Survey/4.02 Descriptions AND Exhibits/SIDEW Lk
EASEMENTS/SIDEWALK EASEMENT PARCEL A 061820
Date: June 15,2020
Project: ID-1402-1810
Page: 3 of 3
23)IIaving a length of 61.43 feet, a radius of 57.99, and through a central angle of 60'
41'33", with a chord bearing of N.56"38'33"W., and a chord distance of 58.59 feet to
the north boundary of said Lot 1,thence coincident with said north boundary;
24)S.89-41'44"W., 6.71 feet, thence leaving said north boundary through a non-tangent
curve left;
25)Having a length of 32.60 feet, a radius of 57.99, and through a central angle of 320
12'42", with a chord bearing of S.70016'27"W., and a chord distance of 32.17 feet,
thence;
26)S.54°10'59"W., 5.18 feet, thence through a non-tangent curve right;
27)Having a length of 59.00 feet, a radius of 118.98, and through a central angle of 281
24'39", with a chord bearing of S.68022'24"W., and a chord distance of 58.40 feet,
thence;
28)N.13°14'37"W., 15.94 feet,thence through a non-tangent curve right;
29)Having a length of 19.55 feet, a radius of 93.60, and through a central angle of 110
58'08", with a chord bearing of N.06025'03"W., and a chord distance of 19.52 feet to
the north boundary of said Lot 1,thence coincident with said north boundary;
30)S.89°41'44"W., 1.47 feet to the POINT OF BEGINNING.
960
H:/ID 1402 Victory Commons/Project Data/04 Survey/4.02 Descriptions AND Extvbits/SIDEWALK
EASEMENTS/SIDEWALK EASEMENT PARCEL A 061820
Exhibit B
Parcel A
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E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Victory Commons Pedestrian Pathway Easement B
ADA COUNTY RECORDER Phil McGrane 2020-106340
BOISE IDAHO Pgs=5 KRISTINA LOWRY 08/19/2020 12:46 PM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):
Victory Commons Pedestrian Pathway Easement B
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 18th day of August , 20 20 between Kuna Victory, LLC
hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation,
hereinafter referred to as"Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian
desires to establish a public pathway; and
WHEREAS, the Grantor desires to grant an easement to establish a public pathway and
provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement described
herein; and
NOW, THEREFORE, the parties agree as follows:
THE GRANTOR does hereby grant unto the Grantee an easement on the following property,
described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated
herein.
THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway
Z:�
easement for multiple-use non-motorized recreation, with the free right of access to such
facilities at any and all times.
TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns
forever.
THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated
herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
the Grantor shall repair and maintain the pathway improvements,
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the
easement hereby granted become part of, or lie within the boundaries of any public street,
Pedestrian Pathway Easement REV. 0 1/0 1/2020
then, to such extent such easement hereby granted which lies within such boundary thereof or
which is a part thereof, shall cease and become null and void and of no further effect and shall
be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and lawful
right to convey said easement, and that it will warrant and forever defend the title and quiet
possession thereof against claims arising exclusively out of acts of the Grantor and no other.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and
year first hereinabove written.
GRANTOR:
KUNA VICTORY, LLC
By: BV Management Services, Inc., an Idaho
corporation, the Manager
/ e i
By:
Cortney Liddiard ident
STATE OF. 164, & )
)ss.
County off
On the day of c , 2020,before me the undersigned,a notary public in and for
said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV
Management Seniices, Inc., which corporation is the Manager of Kuna Victory, LLC, and the Manager
who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me
that such corporation as the Manager executed the same in said limited liability company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
JEDD K JONES
(seal) COMMISSION NO,20181559 Notary V/Public forrdaho
NOTARY PUBLIC
STATE OF IDAHO
[MY COMMISSION EXPIRES 8/24124
Pedestrian Pathway Easement REV. 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor
Attest by Chris Johnson, City Clerk
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 8-18-2020 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk,respectively.
Notary Signature
My Commission Expires: 3-28-2022
Pedestrian Pathway Easement REV. 01/01/2020
Exhibit A
Parcel B
2775 W.Navigator Drive,Suite 210 Idaho Office
Meridian,Idaho 83642 � ^ RRO C K Tel; 208,895.2520
www.horrocks.com (�
11111
E N G I N E E R S
Date: June 15, 2020
Project: ID-1402-1810
Page: 1 of 1
EXHIBIT"A"
SIDEWALK EASEMENT
This Easement is situated in Government Lot 4 of Section 19, Township 3 North,Range
1 East of the Boise Meridian, City of Meridian, Ada County, Idaho,being a portion of
Lot 1,Block 1, and Lot 2, Block 1, of Mussell Corner Subdivision, on file in Book 95 of
Plats, Pages 11624-11626, also being a portion of Parcel B of Record of Survey Property
Boundary Adjustment No. 8699, records of Ada county, Idaho,more particularly
described as follows:
COMMENCING at the southwest corner of said Government Lot 4; thence along the
west boundary of said Government Lot 4,
1) N.00°38'36"E., 491.24 feet; thence leaving said west boundary,
2) S.89°21'24"E., 70.00 feet to the southwest corner of said Lot 2, being coincident with
the east right-of-way of S. Kuna-Meridian Road as it now exists and the POINT OF
BEGINNING; thence along the south boundary of said Lot 2,
3) N.89°42'14"E., 11.00 feet, thence leaving said south boundary,
4) N.00°56'17"E., 234.52 feet to the north boundary of said Parcel B, thence along said
north boundary;
5) N.89°31'23"W., 12.21 feet to said east right-of-way; thence along said right-of-way,
6) S.00-38'36"W., 234.66 feet to the POINT OF BEGINNING.
a 60
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HAD 1402-1810 Victory Commons/Projccl Data/04 Survey/4.02 Descriptions and Exhibits/SIDEWALK EASEMENTS/SIDEWALK
EASEMENT PARCEL B 061920
Exhibit B
Parcel B
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77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Volterra South Commercial Subdivision Pedestrian Pathway Easement
ADA COUNTY RECORDER Phil McGrane
2020-106342
BOISE IDAHO Pgs=6 CHE FOWLER 08/19/2020 12:46 PM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):
Volterra South Commercial Subdivision
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 18th day of August, 20 20 , between Bridgetower Investments, Ilc
hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation,
hereinafter referred to as "Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian
desires to establish a public pathway; and
WHEREAS, the Grantor desires to grant an easement to establish a public pathway and
provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement described
herein; and
NOW, THEREFORE, the parties agree as follows:
THE GRANTOR does hereby grant unto the Grantee an easement on the following property,
described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated
herein.
THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway
easement for multiple-use non-motorized recreation, with the free right of access to such
facilities at any and all times.
TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns
forever.
THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated I
herein. !
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
the Grantor shall repair and maintain the pathway improvements.
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the
easement hereby granted become part of, or lie within the boundaries of any public street,
f
Pedestrian Pathway Easement REV. 01/01/2020
then, to such extent such easement hereby granted which lies within such boundary thereof or
which is a part thereof, shall cease and become null and void and of no further effect and shall
be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and lawful
right to convey said easement, and that it will warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and
year first hereinabove written,
GRANTOR: Bridgetower Investments,
Mike McCollum, Manager
STATE OF IDAHO ) i
) ss
County of Ada )
This record was acknowledged before me on z 1 . e) by Mike McCollum
(name of individual), [complete the following tysi ing in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of Bridgetower Investments, IIc
(name of entity on behalf of whom record was executed), in the following representative
capacity: Manager (type of authority such as officer or trustee)
r
(stamp)
Notary Signature
� My Commission Expires:
No.3)>66 't, ;OF
�OTAl2y
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Pedestrian Pathway Easement REV. 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor
Attest by Chris Johnson, City Clerk
STATE OF IDAHO,
: ss.
County of Ada
This record was acknowledged before me on 8-18-2020 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk,respectively.
Notary Signature
My Commission Expires: 3-28-2022
Pedestrian Pathway Easement REV. 01/01/2020
VOLTERRA SOUTH COMMERCIAL SUBDIVISION
PATHWAY EASEMENT Date: July 16, 2020
A parcel of land being a portion of the NE1/4 NE1/4 of Section 34, Township 4 North, Range 1
West, Boise Meridian, City of Meridian,Ada County, Idaho, more particularly described as
follows:
COMMENCING at the N1/16 corner common to Sections 34 and 35,monumented by an
aluminum cap (Corner Record No. 2017-116132), from which the northeast corner of said Section
34, monumented by an aluminum cap (Corner Record No. 2016-064167), bears North 00°52'46"
East, a distance of 1315.57 feet;
Thence North 89°06'34" West, coincident with the north line of the NE1/4 NE1/4 of said Section
34, a distance of 46.00 feet to a point on westerly right of way line of North Ten Mile Road as
established by Warranty Deed Instrument No. 2016-116335;
Thence North 00°52'46" East, coincident with said westerly right of way line, a distance of 56.00
feet,to the POINT OF BEGINNING;
Thence, leaving said westerly right of way line,North 89°06'34" West, on a line that is parallel
with and 56.00 feet northerly of said north line, a distance of 409.57 feet;
Thence North 00°50'04" East, on a line that is parallel with and 56.00 feet easterly of the east
boundary line of Volterra Heights Subdivision as recorded in Book 107, Page 14296-114928 in the
records of Ada County, a distance of 369.87 feet, to a point on the southerly right of line of North
Vicenza Way at platted by the plat of said Volterra Heights Subdivision;
Thence coincident with said southerly right of way for the following three courses:
Thence South 89°09'56"East, a distance of 6.00 feet;
Thence North 00°50'04"East, a distance of 31.09 feet,to the beginning of a non-tangent curve to
the left;
Thence southeasterly along the arc of said curve to the left, an are distance of 23.44 feet, said curve
having a radius of 630.50 feet, a central angle of 02°07'48", and a chord bearing of South
78°05'53"East, a distance of 23.44 feet to the northeast corner of the White Drain Easement
recorded under instrument no. 113027259 in the records of Ada County;
Thence South 00°50'04" West, coincident with the easterly line of said White Drain Easement, a
distance of 367.05 feet;
Thence South 89°07'23"East, continuing coincident with said White Drain Easement, a distance of
380.60 feet to a point on said westerly right of way line of North Ten Mile Road;
Thence South 00°52'46" West, coincident with said westerly right of way line, a distance of 29.53
feet to the POINT OF BEGINNING.
The above described parcel contains 22,610 square feet or 0.52 acres, more or less.
Together with and subject to covenants, easements, and restrictions of record.
The basis of bearings for this parcel is North 00°52'46"East between the N1/16 corner common to
Sections 34 and 35 and the northeast corner of said Section 34.
Travis P. Foster, P.L.S. License No. 10729
End of Description
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ALUMINUM CAP �r�\ STf FINAL PLAT OF ALUMINUM CAP
CORNER RECORD �t� DRAWBRIDGE SUBDIVISION CORNER RECORD
NO. 2017-116130 NO. 2017-116132
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2PATHWAY EASEMENT 0019249.00 DRAWN WAD OF 2 0013597W-CX-PT02 CHECI�D TF
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VOLTERRA SOUTH COMMERCIAL SUBDIVISION 1"=80' PLOTDATE &IM020 �2
77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Bainbridge Subdivision No. 11 Sanitary Sewer and Water Main Easement
No. 1
ADA COUNTY RECORDER Phil McGrane 2020-106332
BOISE IDAHO Pgs=13 BONNIE OBERBILLIG 08/19/2020 12:42 PM
CITY OF MERIDIAN, IDAHO NO FEE
Proiect Name(Subdivision):
Bainbridge Subdivision No.11
Sanitary Sewer&Water Main Easement Number:
1
Identify this Easement by sequential number if Project contains
more than one easement of this type.
(See Instructions for additional information).
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 18t1day of August 20 20 between
Brighton Development, Inc. ("Grantor") and the City of Meridian,an Idaho
Municipal Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described;
and
WHEREAS, the sanitary sewer and water is to be provided for through
underground pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to
time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,
and other good and valuable consideration, the Grantor does hereby give, grant and
convey unto the Grantee the right-of-way for an easement for the operation and
maintenance of sanitary sewer and water mains over and across the following
described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of
sanitary sewer and water mains and their allied facilities, together with their
maintenance, repair and replacement at the convenience of the Grantee, with the free
right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said
Grantee, it's successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area
of the easement and adjacent property to that existent prior to undertaking such repairs
and maintenance. However, Grantee shall not be responsible for repairing, replacing or
restoring anything placed within the area described in this easement that was placed there
in violation of this easement.
Sanitary Sewer and Water Main Easement REV.01/01/2020
THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-
of-way and easement hereby granted shall become part of, or lie within the boundaries of
any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and
become null and void and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized
and possessed of the aforementioned and described tract of land, and that Grantor has a
good and lawful right to convey said easement, and that Grantor will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's
successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: Brighton Development Inc.
Jo ath n D.Wardle, President
STAT OF IDAHO }
) ss
County of Ada } f
This record was acknowledged before me on � a? ! ano (date) by
oWjW D. 1,0a r-d le. (name of individual), [complete the following if signing in a
represenlative capacity, or strike the following if signing in an individual capacity] on
behalf of Brighton Development Inc. (name of entity on behalf of whom record was
executed), in the following representative capacity: President (type
of authority such as officer or trustee)
EHART vA6AN U
m
tary Public-State of Idaho
mmission Number 20181002 Notary Signature
mmission Expires Jun 1,2024
My Commission Expires:_(,,
Sanitary Sewer and Water Main Easement REV.0I/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor
Attest by Chris Johnson, City Clerk
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 8-18-2020 (date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk,respectively.
Notary Signature
My Commission Expires: 3-28-2022
Sanitary Sewer and Water Main Easement REV.01/01/2020
km
9233 WEST STATE STREET I BOISE,ID 83714 1 208,639,6939 1 FAX 208.639.G930
July 24,2020
Bainbridge Subdivision No. 11
Project No.19-136
Legal Description
City of Meridian Sewer and Water Easement
EXHIBITA
A parcel of land for a City of Meridian Sewer and Water Easement,situated in a portion of the North 1/2
of the Northeast 1/4 and a portion of the East 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section
27,Township 4 North, Range 1 West, Boise Meridian, City of Meridian,Ada county, Idaho,and being
more particularly described as follows:
Commencing at a found aluminum cap marking the Northeast corner of said Section 27,which bears
S89°17'35"E a distance of 2,647.29 feet from a found aluminum cap marking the North 1/4 corner of
said Section 27;
Thence following the northerly line of said Northeast 1/4, N89'17'35"W a distance of 1,687.00 feet to a
point;
Thence leaving said northerly line, S00'42'25"W a distance of 245.00 feet to POINT OF BEGINNING 1.
Thence S00°42'24"W a distance of 56.00 feet to a point;
Thence N89°17'35"W a distance of 41.50 feet to a point;
Thence 25.92 feet along a circular curve to the left,said curve having a radius of 16.50 feet, a delta angle
of 90'00'01", a chord bearing of S45°42'25"W and a chord distance of 23.33 feet to a point;
Thence S00'42'24"W a distance of 561.24 feet to a point hereinafter referred to as POINT"A";
Thence 26.43 feet along a circular curve to the left,said curve having a radius of 16.50 feet, a delta angle
of 91'47'34", a chord bearing of S45°11'23"E and a chord distance of 23.70 feet to a point;
Thence 24.22 feet along a reverse curve to the right,said curve having a radius of 1,278.00 feet, a delta
angle of 01°05'09",a chord bearing of N89`27'25"E and a chord distance of 24.22 feet to a point;
Thence N90°00'00"E a distance of 16.77 feet to a point;
Thence S00°00'00"E a distance of 56.00 feet to a point;
Thence S90°00'00"W a distance of 16.77 feet to a point;
Thence 13.21 feet along a circular curve to the left,said curve having a radius of 1,222.00 feet,a delta
angle of 00°37'10", a chord bearing of 589°41'25"W and a chord distance of 13.21 feet to a paint;
Thence S41°27'32"W a distance of 22.45 feet to a point;
Thence S01'21'52"E a distance of 124.66 feet to a point on the northerly right-of-way line of W. Lost
Rapids Dr.;
Thence following said northerly right-of-way line the following three (3)courses:
1. 16.00 feet along the arc of a circular curve to the left,said curve having a radius of 1,415.87 feet,
a delta angle of 00'38'51",a chord bearing of S87°01'26"W and a chord distance of 16.00 feet to
a 5/8-inch rebar;
2. S86`42'00"W a distance of 27.55 feet to a 5/8-inch rebar;
3. 37.52 feet along the arc of a circular curve to the left,said curve having a radius of 1,104.50 feet,
a delta angle of 01°56'47", a chord bearing of S85°43'37"W and a chord distance of 37.52 feet to
a point;
Thence leaving said northerly right-of-way line, N01'21'52"W a distance of 124.11 feet to a point;
Thence N48'40'09"W a distance of 24.25 feet to a point;
ENGINEERS I SURVEYORS I PLANNERS
Thence 195.40 feet along the arc of a circular curve to the left,said curve having a radius of 1,222.00
feet,a delta angle of 09°09'42",a chord bearing of S79°26'45"W and a chord distance of 195.19 feet to
a point;
Thence S74°51'53"W a distance of 93.37 feet to a point;
Thence 625.69 feet along the arc of a circular curve to the right,said curve having a radius of 320.00
feet,a delta angle of 112°01'48",a chord bearing of N49007'12"W and a chord distance of 530.68 feet to
a point;
Thence N06053'42"E a distance of 172.47 feet to a point;
Thence 25.13 feet along the arc of a circular curve to the left,said curve having a radius of 16.50 feet,a
delta angle of 87°15'37",a chord bearing of N36°44'07"W and a chord distance of 22.77 feet to a point;
Thence N80021'55"W a distance of 123.89 feet to a point on the easterly right-of-way line of N.Tree
Farm Way;
Thence following said easterly right-of-way line,81.01 feet along the arc of a circular curve to the left,
said curve having a radius of 1,922.10 feet,a delta angle of 02024'53",a chord bearing of N09°38'03"E
and a chord distance of 81.00 feet to a point;
Thence leaving said easterly right-of-way line,S80°21'55"E a distance of 118.44 feet to a point;
Thence 26.71 feet along the arc of a circular curve to the left,said curve having a radius of 16.50 feet, a
delta angle of 92°44'23",a chord bearing of N53°15'53"E and a chord distance of 23.89 feet to a point;
Thence N06°53'42"E a distance of 86.06 feet to a point;
Thence 106.05 feet along the arc of a circular curve to the right,said curve having a radius of 72.50 feet,
a delta angle of 83°48'43",a chord bearing of N4848'03"E and a chord distance of 96.85 feet to a point;
Thence S89'17'35"E a distance of 324.53 feet to a point;
Thence 35.79 feet along the arc of a circular curve to the right,said curve having a radius of 100.00 feet,
a delta angle of 20'30'12",a chord bearing of S79°02'29"E and a chord distance of 35.59 feet to a point;
Thence 286.28 feet along the arc of a reverse curve to the left, said curve having a radius of 400.00 feet,
a delta angle of 41°00'24",a chord bearing of S89°17'35"E and a chord distance of 280.21 feet to a
point;
Thence 35.79 feet along the arc of a reverse curve to the right,said curve having a radius of 100.00 feet,
a delta angle of 20'30'12",a chord bearing of N80"27'19"E and a chord distance of 35.59 feet to a point;
Thence S89°17'35"E a distance of 42.87 feet to POINT OF BEGINNING 1.
EXCEPTING THEREFROM:
Commencing at a point previously referred to as POINT"A",thence S84°43'59"W a distance of 56.30 feet
to POINT OF BEGINNING 2.
Thence 24.27 feet along the arc of a circular curve to the right,said curve having a radius of 16.50 feet,a
delta angle of 84°15'31",a chord bearing of S42050'16"W and a chord distance of 22.14 feet to a point;
Thence 175.40 feet along the arc of a reverse curve to the left,said curve having a radius of 1,278.00
feet,a delta angle of 07°51'49",a chord bearing of S81002'01"W and a chord distance of 175.26 feet to
a point;
Thence 29.84 feet along the arc of a reverse curve to the right,said curve having a radius of 16.50 feet,a
delta angle of 103°36'17",a chord bearing of N51°05'44"W and a chord distance of 25.93 feet to a point
hereinafter referred to as POINT B";
Thence N00°42'24"E a distance of 573.43 feet to a point;
Thence 28.99 feet along the arc of a circular curve to the right,said curve having a radius of 16.50 feet,a
delta angle of 100040'19",a chord bearing of N51°02'34"E and a chord distance of 25.40 feet to a point;
PAGE 12
Thence 169.87 feet along the arc of a reverse curve to the left,said curve having a radius of 456.00 feet,
a delta angle of 21°20'38",a chord bearing of S89°17'35"E and a chord distance of 168.89 feet to a
point;
Thence 28.99 feet along the arc of a reverse curve to the right,said curve having a radius of 16.50 feet,a
delta angle of 100°40'18",a chord bearing of S49'37'45"E and a chord distance of 25.40 feet to a point;
Thence 500°42'24"W a distance of 269.67 feet to a point;
Thence N89°17'36"W a distance of 142.00 feet to a point;
Thence S00'42'24"W a distance of 20.00 feet to a point;
Thence 589°17'36"E a distance of 142.00 feet to a point;
Thence S00'42'24"W a distance of 253.92 feet to POINT OF BEGINNING 2.
ALSO EXCEPTING THEREFROM:
Commencing at a point previously referred to as POINT"B",thence S67°18'37"W a distance of 61.02 feet
to POINT OF BEGINNING 3.
Thence 21.36 feet along the arc of a circular curve to the right,said curve having a radius of 16.50 feet,a
delta angle of 74'09'29",a chord bearing of S37°47'09"W and a chord distance of 19.90 feet to a point;
Thence S74°51'53"W a distance of 51.67 feet to a point;
Thence 371.65 feet along the arc of a circular curve to the right,said curve having a radius of 264.00
feet,a delta angle of 80'39'31",a chord bearing of N64*48'21"W and a chord distance of 341.71 feet to
a point;
Thence S89°17'35"E a distance of 372.68 feet to a point hereinafter referred to as POINT"C";
Thence S00°42'24"W a distance of 111.66 feet to POINT OF BEGINNING 3.
ALSO EXCEPTING THEREFROM:
Commencing at a point previously referred to as POINT"C",
Thence N00'42'24"E a distance of 20.00 feet to POINT OF BEGINNING 4.
Thence N89°17'35"W a distance of 94.00 feet to a point;
Thence N00°42'24"E a distance of 256.00 feet to a point;
Thence N89°17'36"W a distance of 20.00 feet to a point;
Thence S00°42'24"W a distance of 256.00 feet to a point;
Thence N89'17'35"W a distance of 267.10 feet to a point;
Thence 122.84 feet along the arc of a circular curve to the right,said curve having a radius of 264.00
feet,a delta angle of 26°39'39",a chord bearing of N06'26'08"W and a chord distance of 121.74 feet to
a point;
Thence N06°53'42"E a distance of 272.79 feet to a point;
Thence S89°17'35"E a distance of 224.83 feet to a point;
Thence N00°42'25"E a distance of 20.00 feet to a point;
Thence N89°17'35"W a distance of 222.66 feet to a point;
Thence N06'53'42"E a distance of 79.74 feet to a point;
Thence 24.14 feet along the arc of a circular curve to the right,said curve having a radius of 16.50 feet,a
delta angle of 83°48'43",a chord bearing of N48°48'03"E and a chord distance of 22.04 feet to a point;
Thence S89*17'35"E a distance of 323.16 feet to a point;
PAGE 13
Thence 25.92 feet along the arc of a circular curve to the right,said curve having a radius of 16.50 feet,a
delta angle of 89*59'59",a chord bearing of 544°17'35"E and a chord distance of 23.33 feet to a point;
Thence S00°42'24"W a distance of 489.50 feet to POINT OF BEGINNING 4.
Said easement description contains 5.356 acres, more or less,and is subject to any existing easements
and/or rights-of-way of record or implied.
Attached hereto is Exhibit B and by this reference is hereby made a part hereof.
0
a CA 12459 Q
OF 1��0
N L. B�tiy4�'
PAGE 14
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Title: Date: 07-24-2020
Scale: 1 inch= 150 feet File:
Tract 1: 13.299 Acres: 579301 Sq Feet:Closure=n73.1704w 0.01 Feet: Precision=1/282849: Perimeter=3594 Feet
001=s00.4224w 56.00 B'.'LW 012461�;g C7f d=`16 000'3s51 025=s80.2155e 118.44
26: R=16.5e0 Det 2.4 423002=n89.1735w 41.50 014=s86.4200w 27.55 0 � ,Ch89
003:Lt.R-16.50.Delta-90.0001 05:= R3Delta�l.5647 02 RnO6.5342e 86.06Bng-A5.425w,Chd1n.33 BngL5.=3wU37.52 028; L -7Q 3.4643004=s00.4224w 561.24 016=n01.2152w 124.1I Bng-o8A803c,Chd-96.85
005:Lt R-16.50,Delta-91.4734
B 5.1123e,Chd=23.70 017=n48.4009w 24.25 029=s89.1735e 324.53
R=1278.00Dela.=0 1.0509 018:Lt R=1222.00 Delta=109.0942 030:RC R-100.00 D01ta=20
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,d�RR Cd2422 Bgs79Z645w,Cd=195.19 Bn 79.0229c Clda35.59B 03 tt 00 0024007=n90.0000e 16.77 0 1 9=s74.5153w 93.37 B 89.1735e Cd--M.21
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010:Lt.R=1222.00 Delta�03710 022:LR R=16S0,De[ta�7.1537
Bnj49.4125w,ad-13.21 Bag=06.4407w,Chd-22.77
011=s41.2732w 22.45 023=n80.2155w 123.89
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Title: Date:07-24-2020
Scale: 1 inch= 150 feet File:
Tract 1: 2.725 Acres: 118706 Sq Feet:Closure=s08.0145e 0.01 Feet: Precision=1/170122: Perimeter=1858 Feet
001:RL R-1630,Delta=84.1531 006:L R-456.00 Delta=21.2038
s 15016w,cria=22.14 saM9.1735�ad-168.89 011=s89.1736e 142.00
Bng-Ls8 020Iw'0C& 5.26'5149 H B 37 5C.ddI 400.4018 012=s00.4224w 253.92
B00n3.g'--n55l 0544sd'Cbd=25.933 3617 008=s00.4224w 269.67
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Title: Date:07-24-2020
Scale: 1 inch= 150 feet File:
Tract 1: 1.030 Acres: 44864 Sq Feet:Closure=n35.5548w 0.00 Feet: Precision=1/263990: Perimeter=929 Feet
Bn1g---ss337?D%v.kd-19.9U 29 Bngm644 261wWd-341.1.771931 005=s00.4224w 111.66
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Title: Date:07-24-2020
Scale: 1 inch= 150 feet File:
Tract 1: 4.188 Acres: 182415 Sq Feet:Closure=n04.5840e 0.01 Feet: Precision=1/324664: Perimeter=2699 Feet
001=n89.1735w 94.00 007=n06.5342e 272.79 013=s89.1735e 323.16
002=n00.4224e 256.00 008=s89.1735e 224.83 e4Ri765se�hd 23335959
003=n89.1736w 20.00 009=n00.4225e 20.00 015=s00.4224w 489.50
004=s00.4224w 256.00 010=n89.1735w 222.66
005=n89.1735w 267.10 011=n06.5342e 79.74
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'aAHO
AGENDA ITEM
ITEM TOPIC: Findings of Fact, Conclusions of Law for Villas at Twelve Oaks East (H-
2020-0014) by Jim Jewett, Located at 115 S. Linder Rd.
Page 91
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW ...
AND DECISION& ORDER
In the Matter of the Request for a Modification to the Development Agreement(Inst.#2016-
095715)for the Associated Development to the West to Include the Subject Property and Proposed
Development Plan in the Agreement and Removal of the Provision Requiring an 8-Foot Tall
Concrete Fence to be Constructed,by Jim Jewett.
Case No(s).H-2020-0014
For the City Council Hearing Date of: August 4,2020 (Findings on August 18,2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of August 4, 2020, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of August 4,2020, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 4, 2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of August 4,2020,incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 and Maps.
3. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
4. That the City has granted an order of denial in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR VILLAS AT TWELVE OAKS EAST-MDA,AZ H-2020-0014
_ 1 _
1. The applicant's request for a modification to the Development Agreement and Annexation is
hereby denied per the Findings in the Staff Report for the hearing date of August 4,2020,
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight(28)days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52,Title 67,Idaho Code.
E. Attached: Staff Report for the hearing date of August 4,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR VILLAS AT TWELVE OAKS EAST-MDA,AZ H-2020-0014
-2-
By action of the City Council at its regular meeting held on the 18th day of August
2020.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
8-18-2020
By: Dated:
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR VILLAS AT TWELVE OAKS EAST-MDA,AZ H-2020-0014
Item#9.
EXHIBIT A
STAFF REPORT E � 1 ��,
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING August 4,2020 x '
Legend .01
DATE: Continued from:July 7, 2020 jPPci- t Lcofllon ---
TO: Mayor&City CouncilFROM: Sonya Allen,Associate Planner
208-884-5533 -
SUBJECT: H-2020-0014
Villas at Twelve Oaks East—MDA,AZ
LOCATION: 115 S. Linder Rd. in the NE 1/4 of Section
14,Township 3N.,Range 1 W.
�IF$rr 'r �lTTffPrr��`€i�
I. PROJECT DESCRIPTION
Annexation of 6.63 acres of land with a TN-R zoning district; and modification to the existing Development
Agreement(Inst. #2016-095715)for the associated development to the west to include the subject property
and proposed development plan in the agreement, and removal of the provision requiring an 8-foot tall
concrete fence to be constructed.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 4.59
Future Land Use Designation Commercial
Existing Land Use Single-family residential(SFR)and agricultural
Proposed Land Use(s) Multi-family residential(MFR)
Current Zoning RI in Ada County
Proposed Zoning TN-R(Traditional Neighborhood—Residential)
Lots(#and type;bldg/common) NA(property is not proposed to be subdivided)
Phasing plan(#of phases) 1
Number of Residential Units(type 64 multi-family apartment units
of units)
Density(gross&net) 13.94 gross/14.12 net
Open Space(acres,total[%]/ 1.59 of an acre(34.6%)
buffer/qualified)
Page 1
Item#9.
Amenities 10' wide multi-use pathway
Physical Features(waterways, The Ten Mile Creek runs along the southern boundary of this
hazards,flood plain,hillside) site
Neighborhood meeting date;#of October 17,2019;7 attendees
attendees:
History(previous approvals) AZ-05-056(Hark's Canyon Creek Subdivision DA Inst.
#106180812);MDA-13-008 (lsr Addendum to DA Inst.
113103818);H-2016-0100(21 Addendum to DA Inst.#2016-
095715)
B. Community Metrics
Description Details Page
Ada County
Highway District
• Staff report Yes
(yes/no)
• Requires No
ACHD
Commission
Action
es/no
• Existing Linder Rd.is improved with 2/3-travel lanes,between 32-33'of pavement,and no curb,
Conditions gutter or sidewalk abutting this site.There is 55' of ROW for Linder Rd. (25' from
centerline).
• CIP/IFYWP Capital Imprwements Plan 10112)fiIntegrated Five Year Work glen(IFYWP);
Lnder Road is wrrenlly undar construaLi❑n to be widened to 54anes from Frarikiln road to
Pine Avenue.
Linder Road is listed in the-GI P to bo wide ned to 5-lanes}ram Frank.Ii n Rand to Overland Road
between 2031 and 2035. This rs to be a tohpt project mth ITT.
• The inter$ectinn of Franklin Road and Linder Road Is fisted in the CIP le be widened to 5-
lanes on the north leg, 64anes an the south, 74anes east, and 7-lanes an the wrest log, and
signallzed between 2021 and 2025.
Access(Arterial/Collectors/State One(1)25'wide driveway access is proposed via S.Linder
Hwy/Local)(Existing and Proposed) Rd.,an arterial street
Traffic Level of Service Acceptable(Better than"E")—Franklin&Linder Roads
Stub Street/Interconnectivity/Cross A cross-access easement exists to this site from the property to
Access the north.A driveway at the site's west boundary is proposed
to be extended through the site to Linder Rd.
Existing Road Network None
Existing Arterial Sidewalks/ None
Buffers
Proposed Road Improvements None
Page 2
Fire Service
• Distance to Fire Station 2.3 miles from Fire Stations#1
• Fire Response Time Falls within 5 minute response time
• Resource Reliability 75%for Fire Station#1;does not meet the target goal of 80%
or greater
• Risk Identification Risk factor of 2—current resources would not be adequate to
supply service to this project(see comments in Section VIILC)
• Accessibility Project meets all required access,road widths and turnarounds
• Special/resource needs An aerial device is required;the closest truck company is 4
minutes travel time(under ideal conditions)—Fire Dept. can
meet this need in the required timeframe.
• Water Supply Requires 1,500 gallons per minute for 2 hours;may be less if
building is fully sprinklered,which all are proposed to be
• Other Resources NA
Police Service
• Distance to Police 2.5 miles
Station
• Police Response 3:5 minutes
Time
• Calls for Service 577 within a mile of site(3/1/2019—2/29/2020)
• Accessibility No issues with the proposed access
• Specialty/resource No additional resources are required at this time;the PD already services the
needs area
• Crimes 67 within a mile of site(3/1/2020—2/29/2020)
• Crashes 26 within a mile of site(3/1/2020—2/29/2020)
West Ada School
District
1.Distance arm rm � es
IN-
(elem,ms, PerroneFJenwntwy 56Z 650
hs) Meridian Mld@Ie!khoal IM 12M ILA
2.Capacity of Nbaridan H4h Scher 1965 2400 .7
Schools
3.#of Students Due to the abu ndani p mpkinl of growth In the area.West Ada is acLbm ly building new scN.uols,and buuridipries are atways
Enrolled ehafong.These future students could pozeniimpw 4tutnd Plea53nt view Elementary,and Owyhee H,gh School.
4.#of students 51
predicted for
this
development
Wastewater
• Distance to Sewer Directly adjacent
Services
• Sewer Shed Ten Mile Trunkshed
• Estimated Project See application
Sewer ERU's
• WRRF Declining 13.9
Balance
• Project Consistent Yes
with WW Master
Plan/Facility Plan
Page 3
• Impacts/Concerns Per the Sanitary Sewer Master Plan,this parcel is supposed to connect to sewer
on the property to the north and ultimately to W.Franklin Rd.The current
configuration has sewer going to the west.Under this configuration the sewage
is pumped through two lift stations.It is unknown if the lift stations can handle
the extra load.The City wants to avoid sending the waste to the west and
through the lift stations.Please direct sewage to the north as shown in the
master plan.
Water
• Distance to Water Directly adjacent
Services
• Pressure Zone 2
• Estimated Project See application
Water ERU's
• Water Quality None
Concerns
• Project Consistent Yes
with Water
Master Plan
• Impacts/Concerns None
C. Project Maps
Future Land Use Map Aerial Map
(fLegend High��Den Legend10
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Elr�plyment
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Page 4
Item#9.
Zoning Map Planned Development Map
Legend R-4 L'-O L10 0 Legend @
Pro"ea- Lcca=or R..4 � I�Project Luca=or _--
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III. APPLICANT INFORMATION
A. Applicant:
Jim Jewett—776 Riverside Dr., Ste. 204,Eagle,ID 83616
B. Owner:
Same as Applicant
C. Representative:
Josh Beach, Sawtooth Land Surveying—2030 S. Washington Ave.,Emmett,ID 83617
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 5/15/2020 6/19/2020
Radius notification mailed to
property owners within 300 feet 5/13/2020 6/16/2020
Public hearing notice sign posted
5/20/2020 6/25/2020
on site
Nextdoor posting 5/13/2020 6/16/2020
Page 5
Item#9.
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE:
This property is designated Commercial on the Future Land Use Map in the Comprehensive Plan .
The Commercial designation will provide a full range of commercial uses to serve area residents and
visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses,
as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some
cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity,
and amenities.
The proposed high density multi-family development will provide housing options in close proximity to
the rapidly developing Ten Mile area where employment uses are planned to develop. The proposed
project is an extension of the Villas at Twelve Oaks project to the west and will share amenities and
common open space. A segment of the City's multi-use pathway system is planned along the southern
boundary of the site adjacent to the Ten Mile Creek which will provide a pedestrian connection from
Linder Rd.to the west to the future employment uses in the Ten Mile area.
Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property(staff analysis in italics):
• "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian's present and future residents."(2.01.02D)
The proposed high density multi family apartment units will contribute to the variety of residential
categories in the City and in close proximity to the Ten Mile area as desired.
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services."(3.03.03F)
City water and sewer service is available and can be extended by the developer with development in
accord with UDC 11-3A-21.
• "Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City."(2.01.01 G)
Only one housing type (i.e. mutli family apartments) is proposed in this development which
contributes to the variety of housing types in this area. In the abutting Villas at Twelve Oaks project,
duplex style and 8-and 12 plex multi family apartments were approved.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed multi family residential use and site design should be compatible with multi family
uses to the west, commercial uses to the north and single-family residential uses to the east across
Linder Rd.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems;services are proposed to
be provided to and though this development in accord with current City plans.
Page 6
Item#9.
• "Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided
with development.
• "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms
to the City's vision and the necessary extension of public services and infrastructure is provided."
(3.03.03)
The proposed development plan is consistent with the City's vision in terms that multi family
residential uses are proposed which are an allowed use in the Commercial FL UM designation.
Public services and infrastructure are proposed to be provided.
In summary, Staff believes the proposed development plan is generally consistent with the vision of the
Comprehensive Plan for this area.
VI. STAFF ANALYSIS
A. ANNEXATION&ZONING
The Applicant requests annexation of 6.63 acres of land with a TN-R(Traditional Neighborhood—
Residential)zoning district. A conceptual site plan and building elevations were submitted showing how
the property is planned to develop with 65 multi-family apartment units;this project is planned to be an
extension of the multi-family project(Villas at Twelve Oaks) in the development process on the adjacent
property to the west(see Section VIII.C,D).
Multi-family developments are listed as a prinicipal permitted use in the TN-R district per UDC Table
11-2D-2. All future development is subject to the dimensional standards listed in UDC Table 11-2D-6
for the TN-R zoning district. There is an existing home on the site that is proposed to be retained and
used as an additional rental/manager's unit.
The site plan depicts access to the proposed development via the extension of a driveway at the west
boundary of the site and via S. Linder Rd. A non-exclusive vehicular/pedestrian ingress-egress easement
(Inst. 113099953) exists to this site from the property to the north that is located approximately 145.3
feet from the west end of the concrete fence along the north boundary; there is an existing 8-foot tall
concrete wall constructed on the property line that prevents access between the properties. To facilitate
connectivity between the residential project and the abutting commercial development,the
Applicant should remove a small section of the wall(up to 24.5 feet in width as allowed by the
easement)to allow for a pedestrian connection to be provided as a provision of the amended
Development Agreement(DA).
Because this property is proposed to be included as part of the multi-family development to the
west,the overall common open space and site amenities should comply with the minimum
standards listed in UDC 11-3G-3 and 11-4-3-27. Staff has verified the overall common open space
and site amenities exceed the minimum UDC standards. To ensure common open space and site
amenities are shared between the two sites, Staff recommends a DA provision is included requiring
such.
The Pathways Master Plan depicts a segment of the City's regional pathway on this site along the north
side of the Ten Mile Creek and along the west side of S. Linder Rd. The pathway along the creek is
planned to eventually provide a pedestrian connection between Linder and Ten Mile Roads. With the
original Twelve Oaks project to the west, a pedestrian bridge was required to be constructed across the
creek for a connection from the residential neighborhood(Whitestone Estate Subdivision)to the south to
the north to Franklin Rd. Because the Pathways Plan at that time didn't depict an east/west pathway
along the creek, a pathway was not required between the east and west boundaries. In order to facilitate
Page 7
Item#9.
an east/west pathway connection between Linder and Ten Mile Roads and the Ten Mile area, Staff
recommends a 10-foot wide pathway is constructed on the overall Twelve Oaks project in accord
with the Plan as a provision of the amended DA.
With development, a minimum 25-foot wide street buffer is required to be constructed along Linder Rd.,
landscaped per the standards listed in UDC 11-3B-7C. Typically,a detached sidewalk would be
required within the street buffer along Linder Rd.,an arterial street,per UDC 11-3A-17; however,
because a segment of the City's multi-use pathway is planned from the creek to the north,Staff
recommends a detached 10-foot wide concrete pathway is constructed in lieu of a sidewalk in this
location.The sidewalk south of the creek along Linder Rd. may be constructed in the future with
the bridge widening project; ACHD is requiring a road trust for those improvements.
Conceptual building elevations were submitted that are the same as those being constructed in the
original Villas at Twelve Oaks development;no changes are proposed to the elevations in the DA(see
Section VIII.D). All future structures are required to comply with the design standards listed in the
Architectural Standards Manual. Detailed review of the elevations for compliance with these standards
will take place with the Certificate of Zoning Compliance and Design Review application prior to
application for building permits.
Based on the analysis above in Section V, Staff is of the opinion the requested annexation with the TN-R
zoning and proposed development is consistent with the Commercial FLUM designation for this site and
uses desired in this area.
The proposed annexation area is contiguous to City annexed property and is within the Area of City
Impact Boundary. A legal description and exhibit map for the annexation area is included in Section
VIII.A. Additional land on the north side of the creek on the adjacent Villas at Twelve Oaks property to
the west that was inadvertently not included in the previous annexation boundary legal description is
included in the proposed annexation boundary to clean up the zoning in this area.
The City may require a development agreement(DA)in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. Because a DA exists on the associated project to the west,the Applicant
proposes to amend that agreement to include the subject property rather than enter into a new agreement
just for this property(see analysis below). Staff recommends additional provisions are included in
the amended DA as mentioned above as a provision of annexation of this property.
B. DEVELOPMENT AGREEMENT MODIFICATION
A modification to the existing Development Agreement(Inst. #2016-095715)is proposed to include the
subject property and proposed overall conceptual development plan in the agreement, and removal of
the provision requiring an 8-foot tall concrete fence to be constructed(provision#6.1.9.). A legal
description for the overall property proposed to be included in the DA is attached in Section VIII.B.
The concrete fence/wall was previously required along the east boundary of the original Villas at Twelve
Oaks multi-family project to buffer the previous rural residential use on the property proposed to be
annexed with this application. Because the residential property is now owned by the same developer as
the adjacent project,a fence/wall is no longer needed as a buffer as the project is proposed to be
integrated as one development with shared common areas and amenities.
Staff is in favor of the proposed modification to the DA with the added provisions noted in Section VI.A.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed Annexation&Zoning and amendment to the Development
Agreement per the provisions in Section VIII in accord with the Findings in Section IX.
Page 8
Item#9.
B. The Meridian Planning&Zoning Commission heard this item on June 4,2020.At the public
hearing,the Commission moved to recommend approval of the subject AZ request.
1. Summary of Commission public hearing_
a. In favor: Josh Beach, Sawtooth Land Surveying(Applicant's Representative)
b. In opposition: None
c. Commenting: Chad Heron
d. Written testimony: Josh Beach,Applicant's Representative
L. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. The Applicant is in agreement with the staff report except for condition#B.1.2,which
requires sewer to connect to the north in accord with the Master Plan rather than to the
west as proposed- The Public Works Department has re-evaluated the applicant's
proposed sanitary sewer routing, as well as previous email correspondence with the
applicant on the topic of routing, and finds that the current proposal is acceptable.
Therefore, staffrecommends the following languageto replace that currently in
condition#B.1.2: "The applicant shall be responsible to determine whether adequate
capacity exists in the receiving sewer system, including two lift stations, to accept the
additional flow from this development. If upgrades are necessary, the applicant shall
be responsible for all costs associated with said upgrades."
b. Concern pertaining to traffic in regard to the amount of accesses via Linder Rd. in this
area combined with not enough access/interconnectivity in the adjacent development to
the south(Whitestone Estates)with only one way in and one wqy out.
3. Key issue(s)of discussion by Commission:
a. In favor of the proposed 2-stony(rather than 3-story) structures as they're more
compatible with adjacent residential and commercial structures,the inclusion of this site
in the adjacent development and common open space&site amenities proposed for the
overall development;parking in excess of UDC standards; and provision of a pedestrian
connection to the north.
4. Commission change(s)to Staff recommendation:
a. Modification to condition#B.1.2 in Section IX as requested by the Applicant with the
language recommended by Staff.
5. Outstandingissue(s)ssue(s) for City Council:
a. None
C. The Meridian Citv Council heard these items on July 7. and August 4,2020.
1. Summary of the City Council public hearing:
a. In favor: Jim Jewett,Applicant:Jeffrey Hall
b. In opposition: None
C. Commenting.None
d. Written testimony:None
e. Staff presenting application: Sonya Allen
£ Other Staff commenting on application: Clint Dolsbv
2. Key issue(s)of public testimony:
a. Testimony from Jeffrey Hall that commercial really isn't a viable option for
development of this property.
3. Key issue(s)of discussion by City Council:
a. Clarification of condition#B.1.2 that the Public Work's Dept. should make the
determination if upgrades are necessary to the receiving sewer system based on the
Page 9
Item#9.
Applicant's fmdjngs (and Public Work's concurrence with their findings)on whether
adequate capacity exists in the system:
b. The retention of the existing home as a rental or manager's unit—preference for it to be
removed as it's not aesthetically consistent with the rest of the development and
replaced with common area with an amenity and/or padd=
c. Desire for commercial uses to be developed in whole on the property or along just the
frontage of Linder Rd. where the existing home is located.
d. City Council asked the Applicant to consider commercial uses on a portion of the
development and to come back to Council on Aug. 4"to discuss.
e. Question to Staff if qualified open space is proposed in accord with UDC standards for
overall development(anwer is yes).
f. Opinion that commercial/office development is a more appropriate use and transition in
this area especially with future construction of an overpass on Linder Rd. over I-84-not
in favor of the property developing with all multi-family residential uses as proposed.
4. City Council change(s)to Commission recommendation.
a. The City Council voted unanimously to deny the AZ application and consequently the
MDA application based on the opinion that it's not in the best interest of the City to
annex the property with the proposed multi-family residential development plan:their
opinion was that commercial/office uses are more appropriate to develop on this
property rather than more residential. Since the annexation was denied,the existing
home can remain.
Page 10
Item#9.
VIII. EXHIBITS
A. Annexation&Zoning Legal Description and Exhibit Map
awtooth Land 5kirveymej, LL
466 2090 5.Wg5hinyton Ave. J 044 Warthweat 6F.•d_,Sta_6 14 J J"Avenue East
� Emmett, IQ 53G J 7 Caeur d'Alene,[0 838I 4 Jen e, la 83338
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- r = P: (205)355-5104 P-{208}714-41&44 F.-(205)323-L303
arAl F:{208}358-8JOB F={208}252-4463 F: (205)324-382 J
March 4,2020
Annexation Legal Des[iption
BASIS OF BEARING for this description is South 89013'17-Fast between a 518"rebar marking the N1/4 corner
of Section 14 and a brass cap marking the section comer common to Sections 11, 12, 13 and 14, both in T 3 N.,
R. 1 W., B.M., Ada County, Idaho.
A parcel of land being a portion of Lot 6,Block 1 of Van Hees Subdivision as shown in Book 12 of Plats,at Page
683,Ada County Records and a portion of the Ten Mile Drain, located in the NE114 of the NE114 of Section 14,T.
3 N., R. 1 W., B.M.,Ada County, Idaho,more palticulariy described as follows:
COMMENCING at a 513"rebar tap marking the N1/4 corner of said Section 14;
Thence South 89013'17"East,coincident with the north line of the NE14 of the NE1f4 of said Section 14,a
distance of 1993.41 feet;
Thence South 0033'43"West coincident with the west line of Lot 1, Block 1, of said Van Hees Subdivision, 296.60
feet to the NW comer of said Lot 6,Block 1,of Van Hees Subdivision and the POINT OF BEGINNING;
Thence South 89113'17"East,coincident with the north line of said Lot 6,Block 1, of Van Hess Subdivision,
664.51 feet to the€enterli ne of S. Linder Road;
Thence South 0033'08"West,coincident with said centerline of S. Linder Road,233.15 feet;
Thence Nolth 89026'52"West 24.99 fleet;
Thence 37.45 feet along art of said curve and coincident with said south bank of the Ten Mile Drain, having
radius of 76.40 feet,a central angle of 28W59",subtended by a chord bearing,
South 89018'15"West, 37.07 feet;
Thence South 75015'46"West,coincident with the north line of Whitesto-ne Estates Subdivision,
624.62 feet to a 518'reba r PLS 972;
Thence South 75007'43"West,coincident with said north line of Whitesbene Estte's Subdivision,
689.45 feel;;
Thence Nolth 0033`43"East, 124.41 feet;
Thence Nolth 75007'43"East,689.45 feet;
Thence Nolth 0033'43"East,276.83 feet to the POINT OF BEGINING;
The above described parcel contains 6.63 acres,more or less.
P a g e I I P:12019119393-TWELVE OAKS EXPANS10%SurvWDrawings0escriptions%l9393 annexation legal REV
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Page 11
Item#9.
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Page 12
Item#9.
B. Legal Description&Exhibit Map for Property to be Included in Amended Development Agreement
awto th LaM 5urveyint3, LL
2030 S, Wsshmg?pn A— 1114,1 fSr htFx k E?1vd„ C.Ste. 14 I I�A,snue East
Pmmokt, 1P M 17 Cue'rr,1'Aeno,111W8,4 lffo rm' 11)8333$
11: (208)39$5$J 04 F: (205)714-4544 F: 120815P? )-5303
F; i2G%3.�a'a kO5 F- i24 8)29?.-4453 F; t2Oi.1}324.352 1
March 12, 2020
Devefapment Legal Descdptjon
BASIS OF REARI11Oa for dii5 desoripaw is South 8901XI7"East between an alum;rrum cap marking the N114 corner
of Section 34 and a brass Cap marking the section comer cornmon to-Sections 11, 12, 13 and 14,fOcated In
T. 3 N., R- 1 W., B,M-r Ada County,Idahm
A parDd of lafld being Lots 1 and 2, Black 1 of Twelve GL2kS&LtdiwlSion as shown in Back I IM of flats, at Page 15179
and a portion of Lot 6,B1Od( I of Van Heel 5ubc5ulsion as shown In Book 12 of Rats,at Page 688,Ada County Records
and a portion of the Ten Mile DraJn,twated irk the NE114 of the NEI)4 of Seddon 14r T, 3 N,,
R. 1 W-1 6,M.r Ada County, Xdaho, rnore partiEdarly described as follows;
COMMENCING at an alumlruurn cap marking the N114 corner of said Section 14;
Pienkce South B9°13'17"East, colncudent vrlth the north line of sad NEI14 Of Sed'am 14, a distance of 1328,94 fee#; to
E 1)16 comer of Said Section 14;
Therm South 0034'42"West, 49.00 feet to ttk2 NVV corner of said Lot 2, Block t, Twelve Oaks Violas Subdivision and
the POINT CW 8B a1`>rtWINf3;
Thence SOLIth 890I3'17'East, ooincident with the north line Of said Lot 1 and 2 of Block L Twelve Oaks 50divl5ion,a
distance of SM,16 fleet
Thence North 8903B'7{Y'East, 10&33 feet t4 a SM"tebar PLS 5802 marking the Northeast turner of Bald 4Ct 1,illock 1,
Twelve Oaks SubdlyREion,
Thence South 0 33410 west,tolncident with the east fine of said Lot 1, Block 1,Twelve Oaks SubdIvi5lon,a dWnm of
25(1:,17 feet to a 5)8"rebar PLS 14221;
Theme South 89°13'17'Fast, coincident with the north line of Lot b,Van FIm Subdivision, 639.51 feet to a W reher
PLS 14221,
Tlwce South 0°33'08'West, M.25 Boat to the South right of way of Ten We Drain and the begInni ng of a nori-
tangent Curve to the left,
Thence 37,95 feet along a rc of Bald cow,00irlddent with 5ald south right of way of Tern Mile Drain, having radius of
75.40 feet,a central angle of 28 I24 59", gubtfryded by a chard bea ring South 890 18'15"Want, 37.07 feet;
Thence South 7501514V West, coincident with saW south right of way of
Tan Mlle Drain,624.62 feet to a 5/8'reber PIS 972-F
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Thence North O03315*EeSG feet toil fe to-a 518"raybar pL5 14221; 'C E
Thence South 15007'43"West:,coinckfent with Bald 5vuth right of way of
Ten Mile drake, 689,45 facet 0
Thence North 0034'18"Bast, 710.64 feet to the POINT OF$8GI4NIFfG,
OF
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The above described parcel Wntain5 14.019 acres, «can=or less, ' Po
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Page 13
Item#9.
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Page 14
Item#9.
C. Overall Conceptual Site Plan to be Included in Amended Development Agreement(dated: 11/25/19)
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Page 15
Item#9.
D. Conceptual Building Elevations &Floor Plans(dated: 5/6/16)
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Page 16
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Page 17
Item#9.
_ CONCEPTUAL IJEYIGN DRAWINGS 5.6.16
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Page 18
Item#9.
CONCEPTUAL DESIGN DRAWINGS 5.6.16
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Page 19
Page 113
Item#9.
CGNCEPTUAL DESIGN DRAWINGS 5.6.10
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Page 20
Page 114
Item#9.
CPNCU"UAL aESOM DRAMAWN 54,76
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Page 21
Page 115
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Page 23
Item#9.
E. Proposed Amendments to Existing Development Agreement
Sta,if's recommended amendments are noted in underline text.
6.1.9 An 8 feet tall eener-ete fenee is r-eqttir-ed to be eenstfueted along the east boundafy of th
adjaeepA to the Ream pr-epeft-y(Par-eel No. R8956000200)to mateh the existing fenee along the
6.1.9 A pedestrian connection shall be provided between the Villas at Twelve Oaks East property and
the commercial property to the north(i.e.Van Hees Subdivision) as facilitated by the previously
recorded access easement in the location and width specified in the easement(Inst.
#1130999531
6.1.10 A 10-foot wide multi-use pathway shall be constructed along the north side of the Ten Mile
Creek and a detached 10-foot wide multi-use pathway shall be constructed along the west side of
S. Linder Rd. in accord with the Pathways Master Plan prior to issuance of the first Certificate of
Occupancy within the Villas at Twelve Oaks East portion of the development.
6.1.11 A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the
multi-use pathways on the site prior to issuance of the first Certificate of Occupancy within the
Villas at Twelve Oaks East portion of the development.
6.1.12 The common open space and site amenities shall be shared between the Villas at Twelve Oaks
and the Villas at Twelve Oaks East developments.
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
r-eeen*nended by Staff as a provision of mnexa4iea of this property, shall be signed by the pr-ope
ev,,%ef and r-etufned to the Plafming Division within six(6)months of the City Couneil granting the
a4 r
B. PUBLIC WORKS
i.i A stwet light plan will need to be ifielidded in tke final pla4 or-bOildifig peFfflit appkmieff. Stfeet
i.2 Per-the Sanitary Sewer-Master-Plan,this par-eel is supposed tO eOlifleet tE) sewer-On the pfapel4y
to the nofth and ultimm4y to W. Fr-a-flklia Rd. The ouffeat eenfigwatian has sewer-going 4)the
west.Under-this eenfigur-ation the sp. ed dffeugh two lift stations. 14 is tinknown i
the lift stations ean handle the &AFa4 —, wants to a-void sending the waste to the west
and thfough the lift stcAieas. Please dir-eet sewage to the aet4h as shown in the fnaster-plan. Th-e
.1;.an4 shall ber-eqpeasible to deto,.. ifie whether-ade . e eapaeity exists i the
sewer-system, ineludine two lift sta4ions,to aeeevt the additional flow from this development.
P„bl; W Fks 1 11 the A ppl;,,a t' 1 F + t.nee f the
zrvric-vrvrnTvnscnTcvzcw cri���acccrr�sims�rysinvrcvnccaiciiC�ivrcv-uccc�cc�ncc-vrcrn.
appheant shall be r-espeasible for-all eests asseeia4ed with said
Page 24
Page 118
Item#9.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Publie W
and execute standard forms of easements for any mains that are required to pfevide
ffom top of pipe to s4 gt:ade is less tha-a three feet than altemate materials shall be used i
conformanee of City of Mer-idian Publie Wofks Departments Standard Specifications.
2.2 Pef Meridian City Gode(MCG),the applieant shall be responsible to install sewer-and water-
mains to and thfough this development. Applieant may be eligible for-a r-eimbur-sefRent
2.3 The applieant shall pr-ovide easement(s) for-all public water4sewer-mains ou4side of publie right
of way(ineltide all wa4er-sen,iees and hydr-an4s). The easement widths shall be 20 feet wide fo
a single tAility, or-30 feet wide for-two. The easements shall not be dedieatedvia the plat,but
rather-dedieated otAside the plat pr-oeess using the City of Meridian's standard forms. T
easement(on the fofm available ffem Pttblie Works),a legal deser-iption prepared by an 1
bieensed Professional Land Surveyor-,w-hieh must inelude the area of the easemepA(marked
Em41RTT A) and a 41/2"x '�with bear-in5tane0s (marked EX141BIT B4-fof
eonneetion to the relulll�--.-afy w'4er-system shall be r-e"ir-ed. if a single point eonneetion is review. Both exhibits mttst be sealed, signed and dated by a Pfafessional hand StRweyor,
NOT RECORD. Add a note to the plat r-efer-eneing this doeument. All easements mus
submitted,reviewed, and appr-oved pr-iE)r-to development plan appr-E),val.
or-well water for-the p * e. if a suffaee or-well sE)ufee is not available, a single point
,
the developer-will be responsible for-the payment of assesstneffts for-the eoffifflon areas prior-to
prior-to reeeiving development plan appfoval.
2.5 All existing stFuetffes that ai-7e required to be removed shall be prior-to signatufe on the final plat
by the Gity Engineer, Any str-uetur-es that are allowed to r-emain shall be sublieet to evaltia
a-ad possible reassignment of street addressing to be in eomplianee with N4(;C.
> > laterals, > fal > ,
or-laying adjaeent a-ad eonliguous to the area being subdivided shall be addr-essed-pef
and any othef:applieable law of:f:egulation.
2.7 Any existing domestie well system within this pr-ojeet shall be r-emoved ffofn domestie serviee
2.8 Any existing septie systems within this pr-oj eet shall be removed ffom sei=viee per-City
2.9 Stfeet signs are to be in ll
> ,
shall be r-eeor-ded,pr-iof to applying for-building pefmits.
road base approved by the Ada Cou*ty 14iglp",DistFiet a-ad the Final Plat for-this subdi will be required for-all tineompleted
€eneing, !a-adseaping, amenities, ete.,prior-to s}gnatffe on the final
Page 25
Page 119
Item#9.
2.11 All impr-ovements related to publie life, safety and health shall be eampleted pr-iof to oeeupaney
stifety for-stteh improvements in or-de. to Engineer-s gnattir-e on the final plat as
fbi4h in UPG11 3$
inspection fees, as deter-mined during the plan r-eview pr-ocessTpr-ior-to the issuance of a p!
appr-oval letter,
the Ameficans with Disabilities Aet and the Fair Housing Act.
2.14 Applicant shall be fesponsible for-application and complianee with any Section 404 Permitting
2.15 Developer-shall coordinate mailbox locations with the Teo-;,1ia Post 0 0
2.16 All gfading of the site shall be per-fonned in senfofmanee with MCC 11
2.47 compaetion test Festilts shall be Submitted to the Meridian Bttildifig Depai4ment fof:all bttilding
pads 0 «e aekf:ll , ,he fe footing would sit atop fill m er- 1 0 0 1-
minimum of 3 feet above the highest established peak gr-oundvvater-elevation. This is to enstife
tha4 the bottom elevation of the erwwl spaees of homes is at least 1 foot abo
2.19 The applieants de shall be responsible for-inspeetion of all ifrigation and/of
drainage J i i this pfoject that do not fall under-the jlult�sdieetioon off An-iffigation dis
of AG14D. The design engineer-shall provide eet4if4eation that the faeilitieS JjM,e been ifstalleA
in aeeor-dafiee with the appfoved design plans. This eet4if4eation will be FeEIttifed befoFe a-
oeftifioate of oecupaney is issued for-any stfuctures within the
2.21 A street light plan will need to be ineluded in the eivil eonstnietion plans. Street light p-
2.22 The City of Meridian r-eqttifes that the o�,N,ner post to the City a per-for-manee stffety in the amount
of 2.18 The design engineer-shall be fequifed to eeftify that the street oefiter-lifie elevations af e set-a
the owner-to the City. The sttfety ea-m be posted in the form of an ifr-evoeable letter-of er-edit, eash
deposit of bond. App1jeant must file an applieation for-sur-ety,whieh ean be found on the
Gowmmnity Develop — nt website. Please eontaet Land Development SoR,io
2.23 The City of Meridian requires that the o3wnef post to the City a waffanty stirety in the amottat o
pr-iE)r-to fifial plat signatur-e. This sur-oty will be ver-ified by a lifie item oost estimate pr-ovided-by
dur-ation of two years. This stwety will be ver-ified by a line item eost estimate pr-ovided by t
Page 26
Page 120
Item#9.
QL'mr,TLn A nTTirL r
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H. DEPARTMENT OF,ENIRRONMENTAI QUALITY(DEQ)
irate r i zD ev;,,,.. ?id— 487 89 hid—n&, —n,r,,,;a;
,., 44ve i v, .;a;,nei or�elW-ebLiHk,49eeV4eif,.as-ox?id---488453&d id—Mi —n,r,,,;a;
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-513-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an annexation
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the Applicant's proposal to annex the subject 6.63 acre property with TN-R
zoning and develop multi family apartment dwellings on the site at a gross density of 13.9 units per
acre is not consistent with the associated Commercial FLUM designation for this property. (See
section V above for more information)
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed map amendment to the TN-R district and multi family
development although consistent with the purpose statement of the district, is not consistent with
their vision for commercial development for this property in accord with the Commercial FL UM
designation.
Page 27
Page 121
Item#9.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds the proposed map amendment would not be detrimental to the public health,
safety and welfare; however,finds the proposed map amendment and development is not
appropriate for this site.
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 City Council finds the proposed map amendment would not result in an adverse impact on the
deliver of services.
5. The annexation(as applicable)is in the best interest of city.
The City Council finds the proposed annexation is not in the best interest of the City with the
proposed multi family development plan. The City Council finds commercial/office development of
this property would be more appropriate and consistent with the Comprehensive Plan FL UM
designation of Commercial.
Page 28
Page 122
Item#10.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Development Agreement Between the City of Meridian and LH
Development, LLC (Owner) and Westpark Company, Inc. (Developer) for Lavender Heights
(H-2020-0009)
ADA COUNTY RECORDER Phil McGrane 2020-106343
BOISE IDAHO Pgs=55 BONNIE OBERBILLIG 08/19/2020 12:48 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. LH Development, LLC, Owner
3. Westpark Company, Inc., Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 18th day of August_, 2020, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E.Broadway Avenue,
Meridian, Idaho 83642 and LH Development,LLC,whose address is PO Box 344, Meridian, ID
83680, hereinafter called OWNER and Westpark Company, Inc.,whose address is PO Box 344,
Meridian,ID 83680, hereinafter called DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner is the sole owner,in law and/or equity,of certain tract of
land in the County of Ada, State of Idaho,described in Exhibit"A",which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code§ 67-651 IA provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owners and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, Owner and/or Developer have submitted an application for
annexation and zoning of 55.14 of land with an R-4 (medium low density
residential), R-8 (medium density residential), R-15 (medium high density
residential)and R-40(high density residential)zoning district on the property
listed in Exhibit"A"(attached),under the Unified Development Code,which
generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner and/or Developer made representations at the public
hearing before the Meridian Planning and Zoning Commission and the
Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
DEVELOPMENT AGREEMENT—LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 1 OF 8
1.6 WHEREAS, the record of the proceedings for requested annexation and
zoning before the Planning and Zoning Commission and the City Council,
includes responses of government subdivisions providing services within the
City of Meridian planning jurisdiction, and includes further testimony and
comment; and
1.7 WHEREAS, on the 12'h day of May, 2020, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order("Findings"), which have been incorporated into this Agreement and
attached as Exhibit`B"; and
1.8 WHEREAS,the Findings require the Owner and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS,Owner and/or Developer deem it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement,herein being established as a result of
evidence received by the'City in the proceedings for zoning designation from
government subdivisions providing services within the planning jurisdiction
and from affected property owners and to ensure zoning designation are in
accordance with the amended Comprehensive Plan of the City of Meridian on
October 11,2016, Resolution No. 16-1173, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein,the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian,a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue,Meridian, Idaho 83642.
3.2 OWNER: means and refers to LH Development,LLC,whose address is PO
Box 344, Meridian, ID 83680, the party that owns said Property and shall
DEVELOPMENT AGREEMENT-LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 2 OF 8
include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to Westpark Company, Inc., whose
address is PO Box 344,Meridian,ID 83680,the party that is developing said
Property and shall include any subsequent developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s)of Property located
in the County of Ada,City of Meridian as described in Exhibit"A"describing
the parcel to be bound by this Development Agreement and attached hereto
and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan and conceptual building elevations for the single-family dwellings
included in Section VH and the provisions contained herein.
b. The 10-foot multi-use pathway shall be constructed with Phase 1 of the development,
except for that area located in the proposed future multi-family development along the
southern edge of the Farr Lateral, shown as Phase 4.
c. The required secondary access via extension of E.Brace Dr.shall be constructed with
Phase 1 of the development.
d. Direct lot access to Lake Hazel Road shall be prohibited.
e. No more than 54 and no less than 36 units shall be allowed on the R-40 zoned
property. Detailed Conditional Use Permit approval is required prior to any
development on the R-40 zoned area.
f. With the sale of all future homes in the Lavender Heights Subdivision, all sales
information shall have language regarding the future multi-family project that will be
a part of this development.
g. Per City Council waiver,the Farr Lateral waterway shall remain open in accord with
the standards in UDC 11-3A-6.
h. The required street frontage improvements(sidewalk and landscaping)along E.Lake
Hazel Road shall be constructed with Phase 1 of the development.
DEVELOPMENT AGREEMENT-LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 3 OF 8
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7.2 Notice and Cure Period. In the event of Owner and/or Developer's default
of this Agreement,Owners and/or Developer shall have thirty(30)days from
receipt of written notice from City to initiate commencement of action to
correct the breach and cure the default,which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty(180)day period,then the time allowed
to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner and/or Developer that is not
cured after notice as described in Section 7.2,Owners and/or Developer shall
be deemed to have consented to modification of this Agreement and de-
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with all
applicable laws,ordinances and rules,including any applicable provisions of
Idaho Code §§ 67-6509 and 67-6511. Owners and/or Developer reserve all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either City
or Owners and/or Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the
covenants, agreements,conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owners and/or Developer or City is delayed for causes that
are beyond the reasonable control of the parry responsible for such
performance, which shall include, without limitation, acts of civil
disobedience,strikes or similar causes,the time for such performance shall be
extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or remedies
of City nor apply to any subsequent default of any such or other covenants and
conditions.
DEVELOPMENT AGREEMENT-LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 4 OF 8
Item#10.
8. INSPECTION: Owners and/or Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits,and submit proof of such recording to Owners and/or Developer,prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the
UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to
provide,if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed,and accepted by the City,
or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER: DEVELOPER:
LH Development,LLC Westpark Company,Inc.
PO Box 344 PO Box 344
Meridian, ID 83680 Meridian, ID 83680
DEVELOPMENT AGREEMENT—LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 5 OF 8
Page 128
Item#10.
14.1 A parry shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in
the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions
thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third parry (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral
or written, express or implied,between Owner and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a
duly adopted ordinance or resolution of City.
DEVELOPMENT AGREEMENT—LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 6 OF 8
21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
OWNER: DEVELOPER:
4By: p
Dea t,LLC Westpark ny,Inc.
quires : La Squires
Its: ger Its: Secr tary
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
DEVELOPMENT AGREEMENT-LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 7 OF 8
STATE OF IDAHO )
SS:
County of Ada )
On this of day of, 2020,before me,the undersigned,a Notary Public in and for said State,personally
appeared Larry Squires known or identified to me to be the Manager of LH Development,LLC,and the person who
signed above and acknowledged to me that he executed the same on behalf of said limited liability company.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL) �`��•.••.... �• i —��
TA#A.... Notary Public for Idaho
,per, �" o Residing at:
` 1300 =. My Commission Expires: 3 202 3
�. %t 000
STATE OF IDAHO qTF OF`0P�I►�.`
County of Ada ) 111111t%%
On this 11"Lday of ,2020,before me,the undersigned,a Notary Public in and for said State,personally
appeared Larry Sq " s,kno or identified to me to be the Secretary of Westpark Company,Inc.,and the person who
signed above and acknowledged to me that he executed the same on behalf of said corporation.
IN WITNESS WHERE PIM008%unto set my hand and affixed my official seal the day and year in this
certificate first above written:�gl` S%E A .T �
�� �•,.•a00000.�'q i
(SEAL) �� O. •.•
wo q
loft+.� i
Notary Public for Idaho
(P'. 00 lob Residing at: I c,—- i ( 1�
,9%.'�'4 �b�.✓� `w� My Commission Expires: t l 3 a2 v 2j
STATE OF IDAHO ) //�jIOF�jofP!!k
ss
County of Ada )
On this 18th day of August 2020, before me, a Notary Public,personally appeared
Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of
Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Publi�fQr Id
1}0
Residing at: 1Vlerl�ian, Idaho
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT—LAVENDER HEIGHTS SUBDIVISION(H-2020-0009) PAGE 8 OF 8
Item#10.
EXHIBIT A
Legal Description
City of Meridian Annexation
Lavender Heights Subdivision
A parcel of land located in the SW%of Section 32, Township 3 North, Range 1 East, Boise
Meridian,Ada County, Idaho,more particularly described as follows:
Commencing at an Aluminum cap monument marking the southwest corner of said Section 32,
from which an Aluminum cap monument marking the northwest corner of the SW% of said
section bears N 0°32'17"W a distance of 2700.11 feet;
Thence S 89°57'01"E along the southerly boundary of said SW'/,a distance of 1331.91 feet to
a 518 inch iron pin monument marking the southwest corner of the SE%4 of said SW%and the
POINT OF BEGINNING;
Thence N 0°09'52"W along the westerly boundary of said SE '/a of the SW%a distance of
431.20 feet to the southeasterly corner of that parcel shown as the"John Freeman"parcel on
Record of Surrey No.7783,records of Ada County,Idaho;
Thence along the southerly,westerly and northerly boundary of said parcel the following courses
and distances:
Thence N 69n55'45"W a distance of 503.30 feet to a point;
Thence N 58°00'31"W a distance of 219,85 feet to a point of curvature;
Thence a distance of 114.95 feet along the arc of a 140.00 foot radius curve right,said
curve having a central angle of 47°02'41"and a long chord bearing N 34°29'08"W a
distance of 111.75 feet to a point of tangency;
Thence N 10*57'45"W a distance of 410.17 feet to a point of curvature;
Thence a distance of 155.37 feet along the arc of a 110.00 foot radius curve right,said
curve having a central angle of 80°55'32" and a long chord bearing N 29°30'30" E a
distance of 142.77 feet to a point of tangency;
Thence N 69°57'44"E a distance of 128.97 feet to a point;
Thence N 83'47'06"E a distance of 26.72 feet to a point;
Thence S 86°47'31"E a distance of 362.95 feet to a point of curvature;
Thence a distance of 122.47 feet along the arc of a 220.00 foot radius curve left,said
curve having a central angle of 31°53'39" and a long chord bearing N 77°15'42" E a
distance of 120.89 feet to a point of tangency;
Thence N 61°18'54"E a distance of 91.61 feet to a point of curvature;
L;in( Sbjutions Lavender Heights Annexation
�
Job No.17-55'tuw SurnNna Ana Cnnramny Page 1 of
Lavender Heights Subdivision—H-2020-0009
Item#10.
EXHIBIT A
Thence a distance of 22.57 feet along the arc of a 144.67 foot radius curve left, said
curve having a central angie of 8°56'24" and a long chord bearing N 56°50'40" E a
distance of 22.55 feet to a point on the east boundary of the NW%of the SW'/4 of said
Section 32,also being the westerly boundary of Blackrock Subdivision No. 1,as filed for
record in Book 96 of Plats at Pages 12003 through 12008,records of Ada County,Idaho;
Thence along said boundary S 0°08'26" E a distance of 101.67 feet to the northwest
corner of the SE Y. of the SW '/4 of said Section 32, said point also being the
northwesterly corner of the "Clayton Properties LLC" parcel shown on said Record of
Survey No.7783,and the southwesterly corner of said Blackrock Subdivision No. 1;
Thence leaving said"John Freeman"parcel boundary,and along the northerly boundary of said
SE%of the SW%,being partially along the northerly boundary of said"Clayton Properties LLC"
parcel, also being the southerly boundary of said Blackrock Subdivision No. 1 S 89'49'51"E a
distance of 1340.54 feet to the northeasterly corner of said SE'/4 of the SW'/a;
Thence along the easterly boundary of said SE '/4 of the SW%S 0°12'02" W a distance of
1344.18 feet to the southeasterly corner of the SW%of said Section 32;
Thence along the southerly boundary of said SW%N 89°58'24"W a distance of 1331.96 feet
to the POINT OF BEGINNING.
This parcel contains 55.14 acres, more or less, and is subject to any easements existing or in
use.
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Clinton VV. Hansen, PLS �5` tS T�R GAG
Land Solutions, PC
November 25,2019 0
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Lavender Heights Subdivision—H-2020-0009
EXHIBIT A
CITY OF MERIDIAN ANNEXATION
31 32 LAVENDER HEIGHTS SUBDIVISION
LOCATED IN THE SVV 1/4 OF SECTION 32,
1/4 13N.,R.1 E.,BM.,ADA COUNTY,1DAHO
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C2 155,37' 110.00' BO*55'32" N29'30'30"E 142.77' L a i'*�Jd6 l utf o n s
G3 122.47' 220.00' 31'53'39" N7715'42"E 120,89' and Surveying and Consulting
211 E.5TH ST.,STE.A
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IZOB]288_2040 12091 298.2557 fax
www.landsolutions.biz JOB No.17 55
Lavender Heights Subdivision—H-2020-0009
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW �IWEIIt
N AND DECISION & ORDER
In the Matter of the Request for Annexation and Preliminary Plat,by Westpark Co.Inc.
Case No(s). H-2020-0009
For the City Council Hearing Date of: April 28,2020 (Findings on May 12,2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of 4/28/2020, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of 4/28/2020, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of 4/28/2020,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of4/29/2020, incorporated by reference)
B. Conclusions of Law
I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (1.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title I 1 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19,2011,Resolution No. I 1-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the coinment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Cominunity Development Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of 4/28/2020, incorporated by reference. The conditions are concluded to be
FININGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LAVENDER HEIGHTS SUBDIVISION-FILE#H-2020-000e
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for Annexation and Preliminary Plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of 4/28/2020,attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LAVENDER HEIGHTS SUBDIVISION-FILE#H-2020-0009)
-2-
City Code Title I I(UDC 11-513-617).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651 IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved,said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
l. The Applicant is hereby notified that pursuant to Idaho Code 67-8003,denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing,and must be filed with the City Clerk not more than twenty-eight(28)days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52,Title 67, Idaho Code.
F. Attached. Staff Report for the hearing date of 4/28/2020.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LAVENDER HEIGHTS SUBDIVISION—FILE#H-2020-0009)
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Meridian City Council Meeting Agenda May 12,2020— Page 178 of 284
By action of the City Council at its regular meeting held on the 12th day of May ,
2020.
COUNCIL PRESIDENT TREG BERNT VOTED AYE
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED------
COUNCIL MEMBER JOE BORTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED ------
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant,Community Development Department, Public Works Department and City
Attorney.
By: Dated: 5-12-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(LAVENDER HEIGHTS SUBDIVISION—FILE#H-2020-0009)
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Meridian City Council Meeting Agenda May 12,2020— Page 179 of 284
EXHIBIT A
STAFF REPORT EfkIDIAN�-
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 4/28/2020 Legend
FCC
DATE: r
['reject LocationTO: Mayor&City Council
FROM: Joe Dodson,Associate Planner -
2109-884-5533
Bruce Freckleton, Development r-
I
Services Manager '//j ,
208-887-7711 ----- � -- -•---
_
SUBJECT: H-2020-0009
Lavender Heights Subdivision ; ,�,-•''b__.�..�
y r.• I
LOCATION: On the north side of Lake Hazel,near the
half-mile mark between S. Locust Grove
Road and S. Eagle Road. Located in the ;
SW '/4 of Section 32,Township 3N.,
Range 1 E.
I. PROJECT DESCRIPTION
Request for annexation &zoning of 55.14 acres of land with R-4, R-8, R-15, and R-40
zoning districts and a preliminary plat consisting of 188 building lots, 24 common lots, and 3
other lots,by Westpark Company Inc.
NOTE:Staff received a revised preliminary plat, landscape plan, and open space exhibit
based on the recommendations by Planning and Zoning Commission. These revisions
have resulted in some strike-through underline changes in the staff report.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 55.14 total acres(R-4— 16.6-33_7 acres;R-8—�-2 Z 7..
acres;R-15-3,25 acres;R-40-7.44 acres)
Future Land Use Designation Medium Density Residential and Medium-High Density
Residential
Existing Land Use(s) Residential,Agricultural,and Commercial.
Proposed Land Use(s) Residential
Lots(#and type:bldg.lcotnmon) 215 total lots-187 single-family residential; 1 multi-
family;and 27 common lots_
Phasing Plan [#of phases] Proposed as four(4)phases.
Number of Residential Units(type 187 single-family units;48 multi-family units.
of units)
Pagel
Meridian City Council Meeting Agenda May 12,2020— Page 180 of 284
Item#10.
Description Details Page
Density(gross& net) Grass-5.86 dulac.,Net-3.56 dulac.
Open Space(acres,total z2 5,585 e sue. F 7 a ,.rti ,...�.v;,..ate!y 1.1 66%
[%]Ibafferlqualified) u qualified o 424,081 square feet,or 9.74 acres
(281.431 square feet,or 6.46 acres,of qualified open
.race; 12.3%
Amenities 3 amenities- 10' multi-use pathway;pool; and additional
qualified open space.
Physical Features(watcrwuys, Farr lateral runs along south and western hotindary.
hazards, flood plain,hillside)
Neighborhood meeting date;#of Oct.28,2019-9 attendees.
attendees:
History(previous approtrals) NIA
B, Community Metrics
Description Details
Ada County Highway District
• Staff report(yes/no) Drail roaff repaint d-Yes
e Requires ACHD Commission No
Action(yes/no)
Access(Arterial/Co I lcctors/State Access is proposed via a new collector roadway(S.
HwylLoeal)(Existing and Proposed) Bloomcrang Ave.) from an existing arterial(E.Lake Hazel
Rd.).An additional access is proposed via extending a
public local street from the cast(E. Brace❑r.)
Traffic Level of Service
Stub Strecrllntcreonncctivity/Cross Applicant is proposing extending an existing stub street(E.
Access Brace Dr.) into their development but has provided no
additional stub streets. See analysis section below for more
information.
Existing Road Network No
Existing Ailerial Sidewalks 1 None
Buffers
Proposed Road Jrnprovements Widening to E.Lake Hazel Road to include eastbound turn
lane onto new collector roadway(S. Bloomerang Ave.)and
a westbound turn lane onto same collector roadway.
Distance to dearest City Park(+ Discovery Park is across E. Lake Hazel Road.
size)
Fire Service
■ Distance to Fire Station 4.1 miles from Fire Station 94
• Fire Response Time 7 minutes under ideal conditions(this does not meet
Meridian Fire response goal time of 5 minutes),
■ Resource Reliability Fire Station#4 reliability is 78%.
• Risk Identification Risk Factor 2-residential with hazards(open waterway)
• Accessibility Proposed project meets all required access,road widths,
and turnarounds.
Police Service
See_ A.Sency Comments(Section VIII.D_).
West Ada School District
• Distance(elem,ms, Izs) Wesi Ada School Dist iEt h 'S.,.,,P ided r Y men,s at
.�,rrrr ;4RP Siena.Elementary-2.8 miles;Victory Middle
School-4.4 miles;Mountain View High School-3.6
miles.
• Capacity of Schools Siena Elementary-800 students
Victory Middle School- 1000 students
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Meridian City Council Meeting Agenda May 12.2020- Page 181 of 284
Item#10.
Description Details Page
Mountain View High School—2400 students
■ #of Students Enrolled Siena Elementary—470 students(170 over capacity)
Victory Middle— 1085 students(85 over capacity)
Mountain View—2237 students(143 under capacity)
Wastewater
• Distance to Sewer Services NIA
• Sewer Shed South Black Cat Trunkshed
■ Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 13,88
• Project Consistent with W W YES
Master Plan/Facility Plan
Water
• Distance to Water Services 0'
• Pressure Zone 5
■ Est. Project Water ERU's See application
• Water Quality Concerns None
■ Project Consistent wl Plan YES
• Impacts/Concerns Each phase must be modeled to ensure fire flow
requirements;second water connection may be required at
first phase. Existing wells must be decommissioned
according to IDWR rules which include employing
methods to ensure grout fills the annular space outside of
the well casing. Record of abandonment must be provided
to the City prior to final plat signature. Applicant to
coordinate with Engineering regarding fire flow
requirements beyond 1500 gpm.
COMPASS(Communities in See Agency Comments(Section VIII.F)
Motion 2040 2.0)
C. Project Area Maps
Future Land Use Map Aerial Map
Legend Low Density Legend
Project Location Residenfial Project Location
ID-ensi,
LL
MU-C �,,� =ntiol h
i Yl�V rr��
Civic ; —
Zoning Map Planned Development Map
Page 3
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Meridian City Council Meeting Agenda May 12,2020— Page 182 of 284
Item#10.
N�
Legend , 0 legend F
��IProject Location R_� LEI
Frcject Location
.I City LimFL
its . .
` R-8'I "Planned ParcelsLq R-15
+ -I
t -
RUT
r r r 1
R-4
`�IC
RUT
RUT RUT ;
III. APPLICANT INFORMATION
A. Applicant:
Westpark Co. Inc—PO Box 344,Meridian, ID 83680
B. Owner:
44 Development LLC—PO Box 344, Meridian, ID 83680
C. Representative:
Jon Breckon, Breckon Land Design—6661 N. Glenwood St., Garden City, ID 83714
IV. NOTICING
{ Planning& Zoning I City Council
J Posting Bate Posting Date
Newspaper Notification 3/13/2020 4/10/2020
Radius notification mailed to
properties within 300 feet 3/12/2020 4/8/2020
Site Posting 3/21/2020 4/14/2020
Nextdoor posting 3/12/2020 4/8/2020
V. STAFF ANALYSIS
A. Future Land Use Map Designation{https:11mvw.merrdiuncitv.wyleorr�plcrrr}
Medium Density Residential--This designation allows for dwelling units at gross
densities of three to eight dwelling units per acre. Density bonuses may be considered
with the provision of additional public amenities such as a park, school, or land dedicated
for public services.
Medium-High Density Residential —This designation allows for a mix of dwelling types
including townhouses, condominiums, and apartments. Residential gross densities should
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Meridian City Council Meeting Agenda May 12,2020— Page 183 of 284
Item#10.
range frorn eight to twelve dwelling units per acre. These areas are relatively compact
within the context of larger neighborhoods and are typically located around or near mixed
use commercial or employment areas to provide convenient access to services and jobs
for residents. Developments need to incorporate high quality architectural design and
materials and thoughtful site design to ensure quality of place and should also incorporate
connectivity with adjacent uses and area pathways, attractive landscaping and a project
identity.
The annexation area is.surrounded by existing City oj'Meridian Zoning with the Citv's
newest park located across the street(Discovery Park). Tire proposed land use o,f single-
ferrnilyresidential and rrrulti-1;7niibt residential are consistent with the dwelling types
noted in the Future Land Use Map (FLUM) designation definitions. Certain densities are
required to be met on this property as there are two distinct FL UM designations on it.
The proposed project meets the densities listed above (see Section VII.D). Therefore,
Staff Inds the density proposed with the p-eliminary plat and proposed zoning districts
are consistent with the Future Land Use Alap designations ofMediurrt and Medium-High
Densitv Residential.
The City may require a development agreement(DA) in conjunction with an annexation
pursuant to Idaho Code section 67-651 IA. In order to ensure the site develops as
proposed with this application, Staff recoirunends a DA as a provision of annexation with
the provisions included in Section VIII.A1. The DA is required to be signed by the
property owner(s)Ideveloper and returned to the City within 6 months of the Council
granting the annexation for approval by City Council and subsequent recordation.
B. Comprehensive Plan Policies https:llvvvt;�,.inet-idiaticitti,.orglcompplarr):
The applicable Comprehensive PIan policies are cited below with Staff analysis in italics.
"Avoid the concentration of any one housing type or lot size in any geographical area,
provide for diverse housing types throughout the City" (2.01.01G). The proposed variety
of'housing types in this project will contribute to the variety of'residential unit types
available to current and future residents.
"With new subdivision plats, require the design and construction of pathways
connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the
incorporation of usable open space with quality amenities"(2.02.01A). This new
subdivision offers a large extension of the City's multi-use pathways and approximately 7
acres of usable open space that interconnects with proposed sidewalks throughout the
development. In addition, the proposed detached sidewalks offer new opportunities far
residents to get to Discover, Park; Discover-v Park lies across E. Lake Hazel Road,
directly south of'this project.
"Establish and maintain levels of service for public facilities and services, including
water, sewer, police, transportation, schools, fire, and parks" (3.02.01G).All public
utilities are available_for this project site dire to the existing subdivision to the east, per
Public- Works comments. Even though this project does reside outside of the Fire
Departnient's 5 minute response time goal, a new fire station is planned nearlav which
would eliminate this obstacle; it is currentlyr unjidnded as of FY 2020. ACHD has both
nearby arterial intersections planned_for widening and improvement within the next 3
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Item#10.
Years therefore lining up well with the timeline ofdevelopment far Lavender Heights.
West Ada
School District provided Staff comments regardin 1g rearhi-school enrollment and
capacity. Their agency comments can he viewed in Section VIILL and provide the
general sunimar.y that arty new residential development will likely add to the
overcrowding experienced at some local schools.
"Require all new development to create a site design compatible with surrounding uses
through buffering, screening, transitional densities, and other best site design practices"
{3.47.01 A}, The site design of this prgiect proposes transitional densities throughout.
Larger R-4 lots reside around the exterior of'the property to better match the existing
homes to the north. The applicant is then proposing R-8 lots on the eastern propert,
boundary to match the densitv of the subdivision directly to the east. Tire R-S lots
continue an inward tread towards higher density but make up the majority of the site. R-
15 zoning and alley loaded single-family homes abut the Farr-Lateral and are closest to
the ffrtcere nattlti-fansily development. The rrrulti,family development is proposed as R-40
zoning and is closest to the arterial roadwcr v, E. Lake Hazel Rd, Throughout the
development, landscaping and pathways buffer zoning densities as well. Overall, Staff
finds the site design to be a great example of'transitional densities and housing apes.
"Preserve,protect, and provide open space for recreation, conservation, and aesthetics"
(4.05.01 F). The proposed project offers acres of open space and proposes to incorporate
a large extension of a 1 -foot multi-arse pathwav system. The pathwav will run along the
existing Farr Lateral and xvill help protect it in place while adding to its aesthetics.
"Require pedestrian access in all new development to link subdivisions together and
promote neighborhood connectivity" (2.02.01 D). Parkways, sidewalks, and an extension
of'the Citv:s multi-use pathway plan are proposed in this development. The sidewalks will
connect this development with the subdivision to the east and the new pathwav along the
Farr Lateral, with itsnfurther extension witlairr fire subdivision, 14 ill offer future
connectivity to the north and rest as those.sites develop. The sidewalks proposed near E.
Lake Hazel Rd. and.E. Bloomerang Ave.. will also bring better connection to the next
Discovery Park far this development and the existing Impressive East Ridge Subdivision
directly to the east.
Stafffinds this development to be generally consistent and in alignment with
Comprehensive Plan:policies and objectives.
C. Existing Structures/Site Improvements.
There are a number of existing warehouse structures on this property associated with all
existing commercial business. These buildings will be demolished with phase 1 of the
development and the existing driveway to Lake Hazel will be closed off with vertical
curb and gutter pursuant to ACH D requirements. In addition,there is an existing home
further into the property that is proposed to remain and connect to city services with the
rest of the development. The existing home is shown as part of Phase 2 on the
preliminary phasing plan(Exhibit VII.I.) but staff is recommending a condition to include
the existing home with Phase 1 and therefore adjust the phasing plan in accordance.
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Item#10.
D. Proposed Use Analysis:
The proposed use is single-family residential with a multi-family residential component
that will be later reviewed through a conditional use permit. Single-family detached and
attached dwellings are listed as principally permitted uses in the R-4, R-8, and R-15
zoning districts per UDC Table 1 1-2A-2.
The single-family portion of this project is proposed to be developed in three(3)phases
and proposed as three different zoning districts---R-4, R-8, and R-15. The first phase will
provide the main access point off of E. Lake Hazel Rd. and the secondary access through
the extension of an existing stub street from the east (E. Brace Dr.). Staff is
recommending a condition of approval that the secondary access be constructed with the
first please to ensure compliance; this is commensurate with the condition of approval
from the Meridian Fire Department (see Section VIII.A 1). Staff is also recommending the
proposed multi-use pathway be constructed with the first phase of development. The first
phase is also proposed to provide the pool and changing rooms for the development as
one of the proposed amenities. According to the preliminary plat, all lots appear to meet
the required zoning and use requirements, including the proposed multi-family lot.
The multi-family development is proposed to be zoned R-40 and built in its own phase(a
fourth phase). The applicant has submitted a conceptual site plan for the multi-family
development that abuts E. Lake Hazel Rd. In the R-40 zoning district, multi-family
development requires conditional use permit(CUP) approval by the Planning & Zoning
Commission. The future development of the multi-family use is being conceptually
reviewed in this application and conditioned to obtain a CUP through the required
Development Agreement associated with this application. The multi-family development
is proposed as six (6) eight-plexes for a total of 48 multi-family units. Each unit is shown
as 1,000 square feet and are laid out in one, two, and three bedroom unity. Per the specific
use standards (UDC 11-4-3-27), a minimum of 12,000 square feet of common open space
will be required as part of this multi-family development.
Forty-eight units will require a minimum of three (3)amenities per the specific use
standards. The applicant is conceptually proposing three(3) amenities in line with this
requirementa clubhouse,walking paths, and a tot lot. In addition, 94 parking spaces
will be required with this conceptual plan. The applicant shows 95 standard stalls, and 4
ADA accessible stalls conceptually meeting the minimum requirements outlined in UDC
table 11-3C-6.
Staff dotes that the mt,lti;farnili,requirements have been conceptually reviewed and is not
issuing an approval of the current layout or other proposed improvements, site design,
elevations, or open space and amenities.
E. Specific Use Standards (UDC I1-4-3):
When the Multi-family Development is submitted for Conditional Use Permit, specific
use standards outlined in UDC 1 1-4-3-27 will be administered. There arc no specific use
standards for the single-family portion of the proposed project.
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Item#10.
F. Dimensional Standards(UDC 11-2);
A11 proposed lots and public streets appear to meet al UDC dimensional standards per
the submitted preliminary plat. This includes property sizes, required street frontages, and
road widths.
In addition, all subdivision developments are also required to comply with Subdivision
Design and Improvement Standards (UDC 11-6C-3). There are three (3)common
driveways proposed; such driveways should be constructed in accord with the standards
listed in UDC I I-6C-3D. An exhibit should be suhmitted with the final plat
application that depicts the setbacks, fencing, building envelope, and orientation of
the lots and structures accessed via the common driveway; if a property abuts a
common driveway but has the required minimum street frontage and is taking
access via the public street, the driveway should be depicted on the opposite side of
the shared property line from the common driveway.
G. Access(UDC 11-3A-3, 11-311-4):
Access is proposed via a new collector roadway (S. Bloomerang Ave.) that travels north
from E. Lake Hazel Rd. near the quarter-mile mark on said road. This collector roadway
will provide access to the property directly east. A secondary access point is proposed via
the extension of an existing stub street froin the east (E. Brace ❑r.) in Impressive East
Ridge Subdivision. The proposed multi-family development shows a driveway to E. Lake
Hazel Rd. as well. This additional driveway to the arterial roadway would not be
approved by the City. In addition, multi-family residences are built to commercial
building code and will be required to be sprinklered. Therefore, Staff finds a secondary
access point into the multi-family development is not needed. S. Bloomerang Ave., a
collector roadway, is the only proposed and approved direct access via E. Lake Hazel
Road. At the time of CUP submittal for the multi-family development, the additional
driveway to E. Lake Hazel Rd. shall be removed from the plans. A note should be
placed on the face of the final plat prohibiting direct lot access to E. Lake Hazel Rd.
According to the ACHD Master Street Map, there is a planned commercial collector
roadway where S. Bloomerang Ave. is proposed. On the MSM however,the collector
runs along the south side of the Farr Lateral and then out to Locust Grove Road. The
intent of this collector roadway is to provide a connection point for properties in this
vicinity so motorists do not have to go out to an arterial and around. Therefore, Staff
believes the applicant should provide a connection from S. Bloomerang Ave. to the west
for the future development of the collector roadway and the property to the west; the
applicant shall obtain approval of the location of this curb cut with ACHD and the City of
Meridian. This roadway does not need to be constructed as a collector roadway, but
rather a local street providing interconnectivity that meets the intent of the MSM
designation. The applicant should work with ACHD on the proper location for this future
connection.
H. Parking(UDC 11-3n:
Off-street parking is required to be provided in accord with the standards listed in UDC
Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms
per unit. Future development should comply with these standards. The multi-family
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Item#10.
development is conceptually shown with 95 spaces, meeting the minimum UDC
standards based on the number of bedrooms and size of the units. No parking plan was
submitted with the application.
I. Pathways (UDC 11-3A-8):
A I0-foot wide multi-use pathway is proposed along the Farr Lateral and western and
northern property boundaries in accord with the Meridian Pathways Master Plan. In
addition, the applicant is extending the multi-use pathway from the Parr Lateral north and
through the development to connect with the proposed 10-foot multi-use pathway located
on the south side of the Farr Lateral that runs along the northernmost property boundary.
Tile applicant is proposing the 10-foot multi-use pathway be located with a 14-foot wide
public pedestrian easement. Much of the pathway is proposed to be located within a 20-
foot wide common lot as well.
The multi-use pathway has other pedestrian connections via 5-foot detached sidewalks
within parkways that run throughout the development_if pat1hvgi7.s loop through common
driveways, Surf'reeoinnaendY signage is provided to notify pedestrians that the Conran
driveways serve a dual purpose (i.e. driv",a_vlpathri av) and are part of the pathway
loop.
J. Sidewalks(UDC 11-3A-1 T7:
Detached sidewalks are proposed along all internal local streets as part of parkways, in
accord with the standards listed in UDC l 1-3A-17.
K. Parkways (UDC Il-3A-17):
Eight-foot wide parkways are proposed adjacent to all local streets and are required to be
constructed in accord with the standards listed in UDC I 1-3A-17.
L. Landscaping(UDC 11-38):
A 25-foot wide street buffer is required adjacent to E. Lake Hazel Rd., an arterial street,
landscaped per the standards listed in UDC 11-3B-7C, A 25-foot wide common lot is
depicted on the plat; this common lot also houses the pressure irrigation pump station and
widens beyond the required 25 feet towards the east end of the property where it adjoins
the proposed multi-use pathway and the Farr Lateral. The correct number of trees appear
to be shown on the submitted landscape plans (see Section VII.F)
Parkways are required to be landscaped in accord;with the standards listed in UDC 1I-
3B-7C. The total lineal feet of parkways and required number of trees based should
be included in the Landscape Calculations table on the final plat landscape plan to
demonstrate compliance with UDC standards.
Landscaping is required along all pathways (including micro-pathways) in accord with
the standards Iisted in UDC 11-3B-12C. The total lineal feet of pathways with the
required and proposed number of trees are included in the Landscape Calculations table.
Common open space is required to be landscaped in accord with the standards listed in
UDC 11-3G-3E. The total square footage of common open space are included in the
Landscape Calculations/Requirements table along with the required number of trees to
demonstrate compliance with UDC standards.
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Item#10.
M. Qualified Open Space(UDC 11-3G):
A minimum of 10% qualified open space meeting the standards listed in UDC I 1-3G-3B
is required. Based on the proposed plat of 55.14 acres, a minimum of 5.5 acres of
common open space should be provided.
1 The applicant is
proposing 9.74 acres of open space (or 18.5%), of which 6.46 acres (or 12.3%) is
qualifying open space consisting of a 10-foot multi-use pathway, common Iots with open
space areas, parleways aleiig all proposed leeal stfeets, the inclusion of the Farr Lateral as
open space, and half of the arterial street buffer to E. Lake Hazel Rd.
Mmee is qualified open spnne The applicant reevaluated their open space exhibit and
included all open space in their overall calculations while noting which area is qualifying;
due to ACH❑ seepage beds throughout the development, the Applicant chose not to
include any of the parkways in their qualifying open space calculation. Even without
these parkway areas,the proposed open space in this development and exceeds UDC
minimum standards (see Exhibit VII.F).
Sko'netes that the open space eak-telatiett inehides orea that is not common open rpaee,
i.e. the pool aoid pool deek. This area is not open spaee but inmead is paP4 of at;
The open space shown with the nyulti-family development appears to meet the specific Ilse
standards.A Pnore cohesive and complete review Will occur with the future Conditional
Use Permit application required_for multifamily development in the R-40 zoni 2g district.
Staff recommends the applicant ensure the opera space within the mufti-family
development meets the specific use standards requirements and the minimum 10%
open space requirement in UDC 11-3G-3.
N. Qualified Site Amenities(UDC 11-3G):
Based on the area of the proposed plat (55.14 acres), a minimum of three (3) qualified
site amenities are required to be provided per the standards listed in UDC 11-3G-3C.
The applicant proposes three (3)qualified amenities to include: a 10-foot multi-use
pathway; a community pool; and additional qualified open space of at least 20,000 square
feet. These proposed amenities meet the minimum UDC standards.
The three (3)proposed amenities in the multi-farslilt'development conceptually meet the
required specific use standards far multi-f roily development. When the multi fancily
portion is submitted,far CUP approval, the applicant should ensure there is an amenity
from each of the required sections in UDC I1-4-3-27.D.
O. Waterways(UDC 11-3A-6):
The Farr Lateral runs along the boundary of this development starting at its southeast
corner, continues along its southern and western boundary, and then bends north along its
northern property boundary. The applicant is proposing to protect this waterway in place
and add a 10-foot multi-use pathway outside of its easement to help create the waterway
as a usable amenity for this community and others_
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Item#10.
P. Fencing(UDC 11-3A-6, I1-M-7):
All fencing 1s required to comp]y with the standards Iisted in UDC 11-3A-7. Fencing is
proposed as shown on the landscape plan and meets UDC standards as proposed.
Q. Building Elevations (UDC II-3A-191 Architectural Standards hlmrua_y:
The Applicant has submitted sample elevations of the single-family homes and the future
multi-family component of this project(see Section VII.I).
The single-family homes are depicted as mostly single-story structures with a variety of
finish materials with stone, stucco, and lap-siding combinations. Some homes depict
extra-large spaces for at-home RV storage and others with a second-story that appears to
show a bonus room. The alley Ioaded single-family homes also depict combinations of
stone, stucco, and lap-siding. All single-family homes appear to meet the design and
architectural standards.
The multi-family elevations depict a variety of Finish materials and modulation. The rear
elevations of the proposed multi-family buildings abut an arterial roadway(E. Lake
Hazel Rd.) and will need to have additional modulation with the overall building
footprints to break up the fagade along the arterial and meet the required Architectural
Standards, submit elevations that comply with City standards with the CUP application.
Vl. DECISION
A. Staff:
Staff recommends approval of the requested annexation and zoning with the requirement
of a Development Agreement and approval of the requested preliminary plat with the
conditions noted in Section VIII.A per the findings in Section IX of this staff report.
B. The Meridian planning& Zoning Commission heard these items on April 2,2020. At the
public hearing,the Commission moved to recommend approval of the subject
Annexation and Prelimma Plat re nests.
l. Summary of Commission public hearing
a. In favor: Jon Breckon, Applicant Representative
b. In opposition: None
c. Commenting. None
d. Written testimony: None
e. Staff presenting application: Joseph Dodson
f_. Other Staff commenting on application: Bill Parsons: Andrea Pogue; and Bill
Nary.
2. Key issue(s) of public testimony
a. None
3. Key issue(s) of discussion by Commission:
a. Fire response times and timing of future fire station build.
b. Location of open space relative to proposed homes in the northeast,
c. Enrollment and capacity of nearby schools; potential of future school sites
nearby.
Page 11 —
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Meridian City Council Meeting Agenda May 12.2020- Page 190 of 284
Item#10.
d. Phasing of existing home connecting to City services; Commission decided to
modify Staffs condition_ of approval and allow the home to connect to city
services in line with the proposed phasing plan.
4. Commission changeW to Staff recommendation:
a. Modify condition of approval VIII.A8 to allow existing home to connect to city
b. services in line with the proposed phasingplan,
Add condition to Development Agreement requiring language be placed into all
sales infonnation regarding the Future multi-family development that will be a
art of this project-site.
5. Outstanding; issue(s) for City Council:
a. Council waiver to allow the Farr Lateral to remain as an open waterway. If
Council supports the waiver for the canal to remain open, staff recommends
Council include a new condition of approval allowing the Farr Lateral to remain
open in accord with UDC 11-3A-5.
C. The Meridian City Couneil_heard these items on April 28, 2020, At the public hearing,
the Council moved to approve the subieet AZ and PP requests,
1 Summary of the City Council Public hearing
a. In favor: Jon Sreckon, Applicant Representative: Hethe Clark,Applicant
Representative.
b. In position; Annette Alonso,Southern Rim Coalition
-q- Cammenting: Annette Alonso, Southern Rim Coalition
d. Written testimony: Annette Alonso—discussed pathway connectivity.
& Staff presenting applications g e- Dodson
f. Other Staff commenting on applicati+�n; Sill Parsons:Rill Nor
2. _Kev issues) of public testimony:
T a. Location of services in relation to this proposed subdivision-
b.
Location of open space next to Farr Lateral and access to Discovery Park across
Lake Hazel:
c. School enrollment concerns with the addition of this subdivision and others
recently approved by City Council:
3. Key issueCgof discus-sion_by City Council:
-a� School eartacities_enrollment and future~ school sites: unknown picture of
school district capacity as a whole.
b. Phasing of construction in regards to the multi-use pathway and overall
pedestrian connectivity to the new Discovery Park located across the street from
this development and other development,
4. Cily Council change(5)to Commission recommendation:
a. Require the proposed multi-use pathway to be constructed in Phase I of
development_extrefor that area of pathway proposed within-the multi-family
development,phase 4•
_Require that the street frontage improvements along Lake Hail are to_be
completed with Phase 1 development.
c, The waiver to keep the Farr Lateral open was approved by City Council.
Page 12
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Meri than City Couneil Meeting Agenda May 12.2020- Page 191 of 284
Item#10.
VII. EXHIBITS
A. Annexation Legal Descriptions and Exhibit Map
Legal Description
QY of Meridian Annexation
Lavender Heights Subdivision
A parcel of land located in the SW%of Section 32,Township 3 North,Flange 1 East, Boise
Meridian,Ada County,Idaho,more particularly described as foilows:
Commencing at an Aluminum cap monument marking the southwest comer of said Section 32,
From which an Aluminum cap monument marking the northwest comer of the SW'/, of said
section bears N 0'32'17"W a distance of 2700.11 feet;
Thence S 89'57'01"E along the southerly boundary of said SW'/.a distance of 1331.91 feet to
a 518 inch iron pin monument marking the southwest corner of the SE%of said SW%and the
POINT OF BEGINNING;
Thence N 0`09'52"W along the westerly boundary of said SE %.of the SW'/,a distance of
431.20 feet to the southeasterly corner of that parcel shown as the"John Freeman"parcel on
Record of Survey No.7783,records of Ada County,Idaho;
Thence along the southerly,westerly and northerly boundary of said parcel the foil owing courses
and distances:
Thence N 69'55A5'W a distance of 503.30 feet to a paint;
Thence N 5$'00'31"W a distance of 219.85 feet to a paint of curvature;
Thence a distance of 114.95 feet along the arc of a 140.00 foot radius curve right,said
curve hawing a central angle of 47"02'41"and a long ohord bearing N 34'29'08"W a
distance of 111.75 feet to a point of tangency;
Thence N 10'57'45'W a distance of 410.17 feet to a paint of curvature;
Thence a distance of 155.37 feet along the arc of a 110.00 foot radius curve right,said
curve having a central angle of 80'55'32"and a long chord bearing N 29130r30'E a
distance of 142.77 feet to a point of tangency;
Thence N 69'57'44"E a distance of 128.97 feet to a point;
Thence N 83'47'06"E a distanoe of 26.72 feet to a point:
Thence S B694T31"E a distance of 362.95 feet to a point of curvature;
Thence a distance of 122.47 feet along the arc of a 220,00 foot radius curve left,said
curve having a central angle of 31°53'39"and a long chard bearing N 77'15'42"E a
distance of 120.89 feet to a paint of tangency;
Thence N 61°1854"E a distance of 91.61 feet to a point of curvature;
17 Q i pions Lavender Heights Annexation
�
Job No.17-55� �as...rwg.,s wnwuna Page 1 of 2
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Meridian City Council Meeting Agenda May 12.2020- Page 192 of 284
Item#10.
Thence a distance of 22.57 feet along the arc of a 144.67 foot radius curve left,said
curve having a central angle of 8°56'24" and a long chord bearing N 56°50'40" E a
distance of 22.55 feel to a point on the east boundary of the NW X.of the SW'A of said
Section 32,also being the westerly boundary of Blackrock Subdivision No.1,as filed for
record in Book 96 of Plats at Pages 12003 through 12008,records of Ada County,Idaho;
Thence along said boundary S 0°08'26"E a distance of 101.67 feet to the northwest
corner of the 5E `/4 of the SW y/ of said Section 32, said point also being the
northwesterly comer of the"Clayton Properties LLC"parcel shown on said Record of
Survey No.7783,and the southwesterly corner of said Blackrock Subdivision No. 1;
Thence leaving said"John Freeman'parcel boundary,and along the northerly boundary of said
5E'/.of the SW%.,being partially along the northerly boundary of said"Clayton Propertes.L.LC"
parcel,also being the southerly boundary of said Blackrock Subdivlslon No. 1 5 89°49'51"E a
distance of 1340.54 feet to the northeasterly comer of said SE'/a of the SW%/
Thence along the easterly boundary of said SE '/4 of the SW%S 0"1702"W a distance of
1344.18 feet to the southeasterly corner of the 5W%of said Section 32;
Thence along the southerly boundary of said SW%N W58'24"W a distance of 1331.96 feet
to the POINT OF BEGINNING.
This parcel contains 65.14 acres,more or less,and is subject to any easements existing or in
use.
�pl LAMD
Clinton W.Hansen,PLS 5�Ne 15TEA, s���
Land Solutions,PC �'++
November 25,2019 ❑ 1.
1111
9 P
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Land blutions NO.1
Job NO. 7
LerenderHelghls t6 u'5
��- we wr.ai�v+rry cmw4+v Page 2 of 2
Page 14
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Meridian City Council Meeting Agenda May 12.2020— Page 193 of 284
Item#10.
Legal❑!scriptlort
RA Zone
Lavender Heights Subdivision
A parcel of land located in the SW'/4 of Section 32, Township 3 North,mange 1 East- Boise
Meridian.Ada County,Idaho.more particularly described as follows:
Commencing at an Aluminum cap monument marking the southwest comer of said Section 32,
from which an Aluminum cap monument marking the northwest comer of the SW'/4 of said
section hears N 0*32'17"W a distance of 2700-11 feet;
Thence S 89'57'01"E along the southerly boundary of said SW'/.a distance of 1331.91 feet to
a 518 inch iron pin monument marking the southwest corner of the SE%Y,of said SW'/.:
Thence N 0°09'52"W along the westerly boundary of said SE A of the SW%a distance of
431.20 feet to a point;
Thence N 69°55'45"W a distance of 262.71 feet to the POINT OF BEGINNING;
Thence continuing N 69°55'45"W a distance of 240.59 feet to a point;
Thence N 58100'3I"W a distance of 219.85 feet to a point of curvature;
Thence a distance of 114.95 feet along the arc of a 140.00 foot radius curve right,said curve
having a central angle of 47602A V and a long chord bearing N 34029'08"W a distance of 111,75
feet to a point of tangency;
Thence N 10'5745"W a distance of 410.17 feet to a point of curvature;
Thence a distance of 155.37 feet along the arc of a 110-00 foot radius curve right,said curve
having a central angle of 80°55'32"and a long chord bearing N 29`30'30"E a distance of 142-77
feet to a point of tangency;
Thence N 69`57'44"E a distance of 128.97 feet to a point:
Whence N 83°47'06"E a distance of 28,72 Feet to a point;
Thence S 86'47'31"E a distance of 362.95 feet to a point of curvature.
Thence a distance of QZ47 feet along the arc of a 220.00 foot fadlus curve left,said curve
having a central angle of 31'53'39"and a long chord bearing N 77°15'42"E a distance of 120-89
feet to a point of tangency:
Thence N 0I'l8'54"E a distance of 9 1-61 feet to a point of curvature;
Thence a distance of 22-57 feet along the arc of a 144.67 foot radius curve left, said curve
having a central angle of 8°56'24"and a long chord bearing N 56`50'40"E a distance of 22.55
feet to a point on the east boundary of the NW'/.of the SW J4 of said Section 32,also being the
L2i��Q+UT!0ins Lavender Heights5ubdNision
L� M�•• .ro Revised R.4 lone
Jab No 17.5.5
Page
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Meridian City Council Meeting Agenda May 12.2020- Page 194 of 284
Item#10.
westerly boundary of Blackrock Subdlvision No.1 as shown in Book 96 of Plats at Pages 12003
through 12008,records of Ada County,Idaho.
Thence along said boundary S 0'08'26'E a distance of 101,67 feet to the northwest corner of
the SE'/.of the SW'/.of said Section 32,said point also being the southwesterly corner of said
Blackrock Subdivision No, 1.
Thence along the northerly boundary of said SE '/, of the SW `/4, also being the southerly
boundary of said Blackrock Subdivision No. 1 S 89°49'51"E a distance of 1340.54 feet to the
northeasteriy corner of said SE%of the SW''/,;
Thence along the easterly boundary of said SE 'I.of the SW '% S O`12*02" W a distance of
707,92 feet to a point,
Thence leaving said boundary N 89'47'24"W a distance of 141.89 feet to a poinr;
Thence S O°12'02"W a distance of 23.62 feet to a paint:
Thence S 39°56'09"W a distance of 31.50 feet to a point on a curve;
Thence a distance of 2&69 feet along the arc of a%00 foot radius non-tangent curve left,said
curve having a central angle of 25-29'17"and a long chord bearing N 62'48'29"W a distance
of 26.47 feet to a point of tangency:
Thence N 7533'08"W a distance of 198 99 feet to a point.
Thence N 14'26'52"E a distance of 109.38 feet to a point of curvature;
Thence a distance of 24.92 feet along the arc of a 100.00 foot radius curve left, said curve
having a central angle of 14'16'43'and a long chord bearing N 7°18'30"E a distance of 24.86
feet to a point of tangency;
Thence N 01 10'09' E a distance of 412.38 feet to a point;
Thence N 89°49'5V W a distance of 502 79 feet to a point of curvature;
Thence a distance of 29.79 feet along the arc of a 60.00 foot radius curve left.said curve having
a central angle of 28923'02"and a long chord beanng 5 7V58'38"W a distance of 29.42 feet to
a point:
Thence N 28`12'53"W a distance of 31.50 feet to a paint;
Thence N 89'49'51"W a distance of 296,01 feet to a point:
Thence S 28°33'1 V W a distance of 31.50 feet to a point on a curve;
Thence a distance of 29.72 feet along the arc of a 60.00 foot radius non-tangent curve left.said
curve having a central angle of 28'23'02'and a long chord bearing N 75°38'20"W a distance
of 29.42 feet to a point of tangency;
Z.2tll[�- LltJOl1S Lavender HeghS_Suod"ion
s Ravised R-4 Zone
,foie No.1755
Page 7 of 3
Page 16
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Meridian City Council Meeting Agenda May 12.2020- Page 195 of 284
Item#10.
Thence N 89°49'51"W a distance of 613,00 feet to a point of curvature.
Thence a distance of 94.25 feet along the arc of a 60.00 foot radius curve left,said curve having
a central angle of 90°00'00"and a Tong chord hearing S 45'10'09"W a distance of 84.85 feet to
a point of tangency;
Thence S 0'10'09"W a distance of 163.00 feet to a point of curvature;
Thence a distance of 94.25 feet along the arc of a 60.00 foot radius curve left,said curve having
a central angle of 90`00'00"and a long chard bearing S 44"49'51"E a distance of 84.85 feet to
a point of tangency;
Thence S 89°49'51"E a distance of 186.00 feet to a point
Thence S 010'09"W a distance 209.50 feet to a point of curvature;
Thence a distance of 94.25 feet along the arc of a 60.00 foot radius curve left,said curve having
a central angle of 90"00'00"and a long chord bearing S 44'49'51"E a distance of 84.85 feet to
a point of tangency;
Thence S 89`49'51'E a distance of 18.64 feet to a point;
Thence S 0°09'52'E a distance of 122.87 feet to the POINT OF BEGINNING..
This parcel contains 16.37 acres,mare or Less.
Clinton W. Hansen,PLS s Sys
Land Solutions, PC
Revised May 1,2020
d 111�5
LA
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<1 _1 9TE OF
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La
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Revised RA Zone
Jab No.17-55
Page 3 of 3
Page 17
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Meridian City Council Meeting Agenda May 12.2020- Page 196 of 284
Item#10.
Thence S 89'49'51'E a distance of 296.01 feet to a point,
Thence S 28'12'53"E a distance of 31.50 feet to a point on a curve.
Thence a distance of 29.79 feet along the arc of a 60.00 Foot radius non-tangent curve right,
said curve having a central angle of 2a 23'02"and a Tong chord gearing N 75"58'38"IF a distance
of 29.42 feet to a point of tangency:
Thence S 89'49'51"E a distance of 502.79 feet to a paint.
Thence S 0'10'09"W a distance of 412.35 feet to a paint of curvature.
Thence a distance of 24.92 feet along the arc of a 100.00 foot radius curve right. said curve
having a central angle of 14"1543"and a long chord bearing S 7`18'30"W a distance of 24.86
feet to a point of tangency;
Thence S 14"26'52"W a distance of 109.38 feet to a point.
Thence S 75'33'08"E a distance of 198.99 feet to a point of curvature,
Thence a distance of 26.89 feet along the arc of a 60.00 foot radius curve right. said curve
having a central angle of 25"29'17'and a long chord bearing S 62'48'29"E a distance of 26.47
feet to a point.
Thence N 39'56'09'E a distance of 31.50 feet to a point
Thence N 0`12'02'E a distance of 23.62 feet to a point;
Thence S 89'47'24-E a distance of 141.99 feet to a point on the easterly boundary of said SE
%of the SW/<;
Thence along said easterly boundary S D'12'02"W a distance of 553.26 feet to a paint.
Thence leaving said boundary N 89'58'24"W a distance of 103.29 feet to a point;
Thence N 67`56'23"W a distance of 156.05 feet to a point.
Thence N 14'26'52"E a distance of 150.51 feet to a point,
Thence N 15'05'05"W a distance of 51.58 feet to a point on a curve.
Thence a distance of 30.93 fees along the are of a 60.00 foot radius non-tangent curve right.
said curve having a central angle of 29`31 57' and a tong chord bearing S 89'40'54" W a
distance of 30.59 feet to a paint of tangency.
Thence N 75'33'08"W a distance of 598.93 feet to a point of curvature:
La n(1501 u t i ns Lavender kleighls Submvision
Ravteo W- Zone
dDd No 17.55
Page 2 of 3
Page 1$
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Meridian City Council Meeting Agenda May 12.2020- page 197 of 284
Item#10.
Thence a distance of 51.16 feet along the arc of a 100.00 foot radius curve right. said curve
having a central angle of 46`30'40"and a long chord bearing N 52°18'08'W a distance of 78.95
feet to a point:
Thence 5 49�44'18"W a distance of 9 2.6 6 feet to a point,
Thence 5 14'25'52"W a distance of 137.03 feet to a point
Thence N 75°33'48"W a distance of 176.02 feet to a point.
Thence N 70°56'08"W a distance of 170.63 feet to the POINT OF BEGINNING
This parcel contains 28.07 acres,more or less.
oNA�LgN4
Clinton W. Hansen, PL �
5 � 4� sL pG
Land Solutions. PC
Revised May 1.2020 0 <
a � 1118
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Lavender HegfrS S1lbdruL6ionLc7ffSOju[!OnS
Revised R-8 zone
Joe No 17.55
page 3 of 3
Page 19
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Meridian City Council Meeting Agenda May 12.2020- Page 198 of 284
Item#10.
Legal Description
i2-15 Zone
Lavender Heights Subdivision
A parcel of land located in the SW%of Section 32,Township 3 Norih,Range 1 East,130ise Meridian,
Ada County,Idaho,more particularly described as follows:
Commencing at an Aluminum cap monument marking the southwest comer of said Section 32,from
which an Aluminum cap monument marking the northwest comer of the SW%of said section bears
N 0'32'17'W a distance of 2700.11 feet',
Thence S B957'01"E along the southerly boundary of said SW'/.a distance of 1331.91 feet to a 5/8
inch iron pin monument marking the southwest comer of the SE'/,of said SW%-1
Thence N 0°Og'52"W along the westerly boundary of said SE%of the SW'/a distance of 431.20
feet;
Thence S 70°56'08°E a distance of 170.63 feet to a point,
Thence S 75'33'08"E a distance of 176.02 feet to the POINT OF BEGINNING;
Thence N 14°26'52"E a distance of 137.03 feet to a point;
Thence N 49'44'18"E a distance of 92.66 feet to a point on a curve;
Thence a distance of 8 1.16 feet along the arc of a 100.00 foot radius non-tangent curve left,said curve
having a central angle of 46°30'00"and a long chord bearing S 52'18'08'E a distance of 78.95 feet
to a point of tangency;
Thence S 75°33'08"E a distance of 598.93 feet to a point of curvature;
Thence a distance of 30.93 feet along the arc of a 60.00 foot radius curve left,said curve having a
central angle of 2T31'57"and a long chord bearing N 89°40'54"E a distance of 30.59 feet to a point;
Thence S 15°05'05"E a distance of 51.5E feet to a point;
Thence S 14°26'52"W a distance of 150.51 feet to a point;
Thence N 67°56'23"W a distance of 46.03 feet to a point;
Thence N 75°33'08"W a distance of 734.37 feet to the POINT OF 8SGINNING,
This parcel contains 3.25 acres,more or less. toNAL cA NQ�
�yg 15 T t=,4 .-
Clinton W.Hansen,PLS a a
Land Solutions,PC a 118
November 25,2019 � 11�2L��`rZ�
p01V W.H�--
�..c�ndSolut►ons Lavendea Heights Subdiv s on
R-15 Zona
Job No.1
7-55
Page t of 1
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Meridian City Council Meeting Agenda May 12.2020— Page 199 of 284
Item#10.
Legal Description
R-40 Zane
Lavender Heights Subdivision
A parcel of land located In the SE'/a of the SW'I of Section 32, Township 3 North,Range 1
East, Boise Meridian,Ada County,Idaho,more particularly described as follows:
Commencing at an Aluminum Gap monument marking the southwest corner of said Section 32,
from which an Aluminum cap monument marking the northwest corner of the SW/.of said
section bears N 0432*17"W a distance of 2700.11 feet;
Thence S 89"57'01"E along the southerly boundary of said SW'/,a distance of 1331.91 feet to
a 516 inch iron pin monument marking the southwest comer of the SE%of said SW%. the
POINT OF BEGINNING;
Thence N 0109`52'W along the westerly boundary of said BE N of the SW%a distance of
431.20 feet to a point-,
Thence leaving said boundary S 70°56'08"E a distance of 170.63 feet to a point,
Thence S 75`33'08"E a distance of 910.39 feet to a point;
Thence S 67`56'23"E a distance of 202.08 feet to a point;
Thence S 89°58'24"E a distance of 103.29 feet to a paint on the easterly boundary of said SE
''/4of the SIN%;
Thence along said boundary S 0°12'02"W a distance of 73.00 feet to the southeast corner of
said SE X of the SW%;
Thence along the southerly boundary of said SE'1 of the SW'/4 N 89°58'24"W a distance of
1331.96 feet to the POINT OF BEGINNING.
This parcel contains 7.44 acres,more or less.
LA
Clinton W.Hansen,PLS y�°�pu T Na s
Land Solutions,PC ¢-
December 3,2019
11118
z
'YpON
W.N�
La fl�01 U#ions Lavender Heights Subdivision
L, L-o u—Am.,w cnmw u R-40 Zone
Soh No,17.55
Page 1 of 1
Page 21 -
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Meridian City Council Meeting Agenda May 12.2020- Page 200 of 284
Item#10.
CITY OF MERIDIAN ANNEXATION
31 32 LAVENDER HEIGHTS SUBDIVISION
1/4 LOCATED IN THE SW 1/4 OF SECTION 32,
T.3N., R.I E.. BM.,ADA COUNTY,IDAHO
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N61'18'54"E BLACKROM SUDDIVISION NO. 1 z
N83'4T06°E r�� 2� E BOOK 96, PAGES 12003-12008
o N6957'4 SD'08'26"E
128101,67 S89'49'51"E 1340.54'
SW 1 16 C5 1/16
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BEGINNING
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CURVE # LENGTH RADIUS DELTA BEARING CHORD 0 W.lip'
C1 114.95' 140.00' 47'02'41' N34'29'08`W 111.75'
C2 155,37' 11 D.00' SD'55'32" 1429'30'30`E 142.77' Lan o f uti o n s
C3 122.47' 220.DU' 31'53'39" N77'15'42"E 12039' Land Surveying and Consulting
231f 5.1H ST_STE.A
C4 22.57' 144.67' 8'56'24" N56'5O'40"E 22.55 MER1011W.In 33642
1206}288 2010 t2D8)288 2557 rax
W W Adnd9G1uI1'�bw JUG NO 17--M
Page 22
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Meridian City Council Meeting Agenda May 12,2020- Page 201 of 284
Item#10.
B. Proposed Zoning designations (date: '' A20 1 9 0514112020)
CITY OF MERIDIAN REZONE
LAVENDER HEIGHTS SUBDIVISION
LOCATED IN THE SW 1/4 OF SECTION 32, T.3N., R.2 E.,B.M.,ADA COUNTY, IDAHO
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- Page 23
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Meridian City Council Meeting Agenda May 12,2020- Page 202 of 284
Item#10.
C. Preliminary Platte: 1413Q0^'k�[date: 4/17/2020]
� .�:•T � � ;t G.n C� �{�,� :_��Ft � .A° i- i i tea.
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Page 24
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Meridian City Council Meeting Agenda May 12.2020— Page 203 of 284
Item#10.
D. FLUM Density Exhibit
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Page 25
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Item#10.
E. Open Space Exhibit (date. 21"1.20 (date.4/17/2020)
CITY OF MERIDIAN OPEN
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Page 26
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Meridian City Council Meeting Agenda May 12.2020- Page 205 of 284
Item#10.
F. Landscape Plan (date. ' -2342O p"- date: 4/20/2020)
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Meridian City Council Meeting Agenda May 12,2020- Page 206 of 284
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Page 29 —
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Meridian City Council Meeting Agenda May 12,2020— Page 208 of 284
Item#10.
H. Phasing Plan
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Page 30
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Meridian City Council Meeting Agenda May 12.2020— Page 209 of 284
Item#10.
1. Conceptual Building Elevations
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Page 31
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Item#10.
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Meridian City Council Meeting Agenda May 12,2020— Page 211 of 284
Item#10.
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Page 33
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Meridian City Council Meeting Agenda May 12,2020— Page 212 of 284
Item#10.
VUL CITYIAGENCY 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 conceptual building elevations for the
single-family dwellings included in Section VII and the provisions contained
herein.
b. The 10400t multi-use pathway shall be constructed with Phase 1 of the
development,excepfor that area located in the proposed future multifamily
development along the southern edge of the Farr Lateral shown as Phase 4.
c, The required secondary access via extension of E, Brace Dr. shall be
constructed with Phase 1 of the development.
d. Direct lot access to Lake Hazel Road shall be prohibited.
e. No more than 54 and no less than 35 units shall be allowed on the R40 zoned
property. Detailed Conditional Use Permit approval is required prior to any
development on the R-40 zoned area.
f With the sale of all fixture homes in the Lavender Heights Subdivision,all sales
information shall have language regarding the future multi-familyjsroject that
will be a part of this development.
g, Per it �ouncil +aiver the Farr Lateral waterway shall remain in aocorq
�itll�he�.I�c�arsl,�in T�DC i�gf.. - -
h. The required street frontage irmprovemcnts(sidewalk and landscaing)along E.
Lake Hazel Road shall bc--m structed with Phase 1 f the dev t ment.
2_ The preliminary plat included in Section VII.C, dated 0 1 A23i2O2O 04/17/2020,shall be
revised as follows prior to submittal of the final plat application:
a. Add to the plat, a proposed curb-cut for the future roadway to the west from S.
Bloomerang Ave.
b. For phases adjacent to E. Lake Hazel Road,add a note prohibiting direct lot access via E.
Lake Hazel Road.
Sabinit a revised plan (and electronic cony) to/lie Planning Division at least 10 days prior
to the City Council hearing.
3. The landscape plan included in Section VII.F,dated nl"o�Q 04/20/2020,shall be revised
as follows prior to submittal of the final plat application:
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Item#10.
a. The Landscape Calculations/Requirements table shall include the following: 1) the total
linear feet of parkways and the required number of residential subdivision trees per UDC
1 1-3 B-7C;2); the total square footage of common open space and required number of
trees per UDC I 1-3G-3E.
b. Change proposed fencing symbol to more clearly reflect the type of fencing proposed
(i.e. a different symbol for each type of fencing); all fencing shall comply with the
standards listed in UDC 1 1-3A-7.
4. The Open Space Exhibit shall be corrected to remove impermeable surface area on Lot 9,
Block 3.
4. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table l 1-2A-fi for all proposed zoning districts.
5. Off-street parking is required to be provided in accord with the standards listed in QDC Table
1 1-3C-5 for single-family detached dwellings based on the number of bedrooms per unit.
6 An exhibit shall be submitted with the final plat application that depicts the setbacks,
fencing, building envelope, and orientation of the lots and structures accessed via the
common driveway; if a property abuts a common driveway but has the required
minimum street frontage and is taking access via the public street,the driveway shall be
depicted on the opposite side of the shared property line from the common driveway as
set forth in UDC 11-6C-31).
7_ Where pathways Ioop through common driveways, signage shall be provided to notify
pedestrians that the common driveways serve a dual purpose(i.e. driveway/pathway) and are
part of the pathway loop.
8. The existing home that is to remain shall be required to connect to City of Meridian city
services with Phase 4-2 of the development, consistent with the proposed phasing plan.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Each phase of this development must be modeled to ensure fire flow requirements can be
inet. A second water main connection may be required at first phase.
1.2 Existing wells must be decommissioned according to IDWR rules which include employing
methods to ensure grout fills the annular space outside of the well casing. Record of
abandonment must be provided to the City prior to final plat signature.
1.3 Applicant to coordinate with Public Works Engineering regarding fire flow requirements
beyond 1500 gpm.
1.4 No sewer mainlines in common drives,only sewer services (reminder that a maximum of
three services are allowed into a manhole,with a minimum 30-degrees of angle separation).
1.5 Sanitary sewer and water service lines extending through storm water seepage beds should be
avoided.
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
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Meridian City Council Meeting Agenda May 12,2020- Page 214 of 284
Item#10.
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 a]ternate 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 9112"x 1 1"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 casements 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.
15 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 l 1-3A-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)334-2194.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 S. 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 pen-nits.
2.10 A letter of credit or cash surety in the amount of 1 10%wiII be required for all uncompleted
fencing, landscaping,amenities, etc.,prior to signature on the final plat.
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Item#10.
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 I I-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review,and constriction
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.
?.I 5 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 backlill,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.I9 The applicants design engineer shall be responsible for inspection ofall 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,
121 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A
copy of the standards can be found at
http://www.meridiancity.org/public works.aspx?id=272.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond.Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
2?3 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.
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Meridian City Council Meeting Agenda May 12.2020- Page 216 of 284
Item#10.
C. FIRE DEPARTMENT
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D. POLICE DEPARTMENT
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E. PARK'S DEPARTMENT
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F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
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G. BOISE PROJECT BOARD OF CONTROL
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H. NAMPA&MERIDIAN IRRIGATION DISTRICT
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I. CENTRAL DISTRICT HEALTH DEPARTMENT
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K. ADA COUNTY HIGHWAY DISTRICT(ACHD)
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IX. FINDINGS
A. Annexation and/or Rezone(UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an
annexation and/or rezone,the council shall make the following findings;
L The map amendment complies with the applicable provisions of the comprehensive plan;
The Commissionfinds the proposed zoning map amendment to R-4, R-8, R-15, and R-40 and
subsequent development is consistent with the Comprehensive Plan, if all conditions of
approval are complied with.
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Item#10.
2_ The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
The City Council finds the proposed zoning map amendment will allow fat-the development
of siragle family detached and attached loonies, as-well as multi-farrrily; all of wlrielr will
contribute to the range of housing opportunities available within the City consistent with the
Comprehensive Plan and the purpose statement of the residential districts.
3. The map amendment shall not be materially detrimental to the public health, safety,and
welfare;
The City Council finds the proposed zoning snap amendment should not be detrimental to the
puhlic•health, safgv and welfare.
4. The snap 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 Cixt,Councilfinds the proposed zoning map amendment will not result in all adverse
impact an the deliver•of services by arty political subdivision providing public services
within the City.
5. The annexation(as applicable)is in the hest interest of city.
The Cit1r Council finds the proposed annexation is in the best interest v,f the City per the
Analj,sis in Section V.
B. Preliminary Plat Findings:
In consideration of a preliminary plat,combined preliminary and Canal plat,or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat, with Staff"s recommendations, is in substantial
compliance with the adapted Comprehensive Platy in regard to land use, density,
transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in,
Section V of this repa►•t,for more in formation.)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
The City Council finds that public services will be provided to the subject proper?), with
development. (See Section VIII 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 awn cost, the City Council finds that the subdivision will not require the expenditure of
capital improvement fitnals.
4. There is public financial capability of supporting services for the proposed development;
The City Council firtrls there is public financial ratpabilitt of supporting services
_for the
proposed development based upon comments from the public service providers (i.e., Police,
Fire,ACHD, etc). (See Section VII far more infornzation.j
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Meridian City Council Meeting Agenda May 12.2020- Page 218 of 284
Item#10.
5. The development will not be detrimental to the public health, safety or general welfare;
and,
The Cite Council is not aware ofairy health,safgy, or environmental problents associated with
the planing of dais properh� ACHD cotasidet s t oad safetti-issues in their atzatysis altd appro}�es
of the overall project.
6. The development preserves significant natural,scenic or historic features.
The Cih Council is unaware ofany significant natural,.scenic or historic-features that exist on
this site that require preserving.
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Meri than City Couneil Meeting Agenda May 12.2020- Page 218 of 284
Item#11.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Pathway Agreement Between the Nampa & Meridian Irrigation District
and the City of Meridian Regarding the Warrick Subidivision No. 3 Pathway
Page 179
Item#11.
AGREEMENT
AGREEMENT,made and entered into this 18th day of August ,2020,by and between
NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation district organized and existing under and
by virtue of the laws of the State of Idaho,hereinafter referred to as the"District,"and
THE CITY OF MERIDIAN, a political subdivision and
municipality of the State of Idaho
hereinafter referred to as the"City,"
WITNESSETH:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathways for public use along and across some of the District's ditches and within some of the
District's easements and fee title lands dated December 19, 2000,recorded as Instrument No. 100102999,
records of Ada County,Idaho,hereinafter referred to as the"Master Pathway Agreement;"and,
WHEREAS, the District and the City intended by entering the Master Pathway Agreement to
accomplish the following in a manner that is consistent with their respective legal and fiduciary
responsibilities;to enhance the City's pathway planning though early consultation between the City and the
District;to establish a process for the City's submission of pathway requests and the District's consideration
of such requests; and to provide the general conditions for the District's approval and authorization of
pathway requests affecting the District's ditches,property, operations and maintenance; and,
WHEREAS, the District grants to the City the right develop pathways to encroach within the
District's easements along and across the District's ditches, canals and easements therefor upon the terms
and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed
crossing and encroachment; and,
WHEREAS,the City is the owner of the real property easement/right of way(burdened with the
easement of the District hereinafter mentioned)particularly described in the"Legal Description"attached
hereto as Exhibit A and by this reference made a part hereof, and,
WHEREAS, the District controls the irrigation/drainage ditch or canal known as the TEN MILE
DRAIN (hereinafter referred to as "ditch or canal") together with the real property and/or easements to
convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and
intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference
made a part hereof; and,
WHEREAS,the City desires approval to construct,install,operate and maintain a 10'wide asphalt
pedestrian pathway on the west side of the Ten Mile Drain in Warrick Subdivision No. 3 and within the
District's easement for the Ten Mile Drain under the terms and conditions of said Master Pathway
Agreement and those hereinafter set forth,
AGREEMENT-Page 1
Page 180
Item#11.
NOW,THEREFORE,for and in consideration of the premises and of the covenants,agreements and
conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto
agree as follows:
1. The City may construct,operate,maintain and repair a 10'wide asphalt pedestrian pathway
on the west side of the Ten Mile Drain in Warrick Subdivision No. 3 and within the District's easement for
the Ten Mile Drain,located northwest of the intersection of Eagle Road and Amity Road in Meridian,Ada
County,Idaho.
2. Any construction, widening or crossing of said ditch or canal shall be performed in
accordance with the"Special Conditions" stated in Exhibit C, attached hereto and by this reference made
part thereof.
3. The permitted hours of use of the pathway shall be from one half hour before sunrise and
one half hour after sunset.
4. The parties hereto incorporate in and make part of this Agreement all the covenants,
conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the
provisions of this Agreement.
The covenants, conditions and agreements herein contained and incorporated by reference shall
constitute covenants to run with,and running with, all of the lands of the City described in said Exhibit A,
and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or
either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF,the District has hereunto caused its corporate name to be subscribed by
its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto
subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year
herein first above written.
NAMPA&MERIDIAN IRRIGATION DISTRICT
By
Its President
ATTEST:
Its Secretary
AGREEMENT-Page 2
Page 181
THE CITY OF MERIDIAN
By
ATTEST: Robert E. Simison,Mayor
Chris Johnson, City Clerk
STATE OF IDAHO )
) ss:
County of Canyon )
On this day of 2020,before me,the undersigned,a Notary Public in and for
said State,personally appeared Will Patterson and Michael Comeskey,known to me to be the President and
Secretary, respectively, of NAMPA& MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year
in this certificate first above written.
Notary Public for Idaho
Residing at ,Idaho
My Commission Expires:
STATE OF IDAHO )
) ss:
County of Ada )
On this 18th day of August ,2020,before me,the undersigned,a Notary Public in and for
said State,personally appeared Robert E. Simison and Chris Johnson ,known to me to be
the Mayor and City Clerk ,respectively,of The CITY OF MERIDIAN,the
entity that executed the foregoing instrument and acknowledged to me that such entity executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year
in this certificate first above written.
Notary Public for Ida h 0 -
Residing at Meridian, Idaho
My Commission Expires: 3-28-2022
AGREEMENT-Page 3
Item#11.
EXHIBIT A
Legal Description
A right-of-way/easement located within Warrick Subdivision No.3 located in Section 32,Township
3 North,Range 1 East,B.M.,Meridian,Ada County, Idaho, and is more particularly described in Exhibit
A-1 attached hereto and by this reference incorporated herein.
EXHIBIT B
Location of Property/Drain
See Exhibit C-1 attached hereto.
EXHIBIT C
Special Conditions
a. The location and construction of the pathway shall be in accordance with Exhibit C-1,
attached hereto and by this reference made a part hereof.
b. The District's easement along this section of the Ten Mile Drain includes a sufficient area
of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch or lateral,and
to access the ditch or lateral for said purposes and along this section of the Ten Mile Drain is a minimum of
100 feet, 50 feet to either side of the centerline of the Ten Mile Drain.
C. Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT-Page 4
Page 183
Item#11.
EXHIBIT
DESCRIPTION FOR
WARRICK SUBDIVISION NO. 3
PATHWAY EASEMENT
A portion of the N 1/2 of the NE 1/4 of Section 32, T.3N., R.1 E., B.M., Ada County, Idaho
more particularly described as follows:
EASEMENT Al:
Commencing at the N 1/4 comer of said Section 32 from which the NE corner of said
Section 32 bears South 89°43'43" East, 265626 feet;
thence South 60*19'44" East, 1,210.62 feet to the REAL POINT OF BEGINNING;
thence North 53°06'02"East, 25.00 feet;
thence South 36053'58" East, 403.50 feet;
thence South 53"06'02"West, 25.00 feet;
thence North 36"53'58"West, 403.50 feet to the REAL POINT OF BEGINNING..
EASEMENT A2:
Commencing at the N 1/4 corner of said Section 32 from which the NE comer of said
Section 32 bears South 89043'43" East, 2656.26 feet;
thence South 54°07'41" East, 1,625.23 feet REAL POINT OF BEGINNING;
thence North 53°06'02"East, 25.00 feet;
thence South 36"63'58"East, 510.87 feet to a point on the North boundary line of
Blackrock Subdivision No. 1 as filed in Book 96 of Plats at Pages 12003 through 12008, records
of Ada County, Idaho;
thence along said North boundary line North 89°42'04"West, 31.39 feet;
thence leaving said North boundary line North 36053'58"West, 491.90 feet to the REAL
POINT OF BEGINNING.
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Page 184
Exhibit A-1 , page 1
Item#11. \
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WARRICK SUBDIVISION NO. 3 20-125
SURVEY BM8.f°""��'°" PATHWAY EASEMENT SHEET NO,
GROUP, L LC LOWED IN THE N 1/1 OF THE NE 1/4 OF SEcTION 3, DWG.-DATE
T.M.,FUE., B.M..ADA COUNTY,IDAHO 611/2020
Exhibit A-1 , page 3 Page 186
Item#11.
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Exhibit C-1 Page 187
Item#12.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Professional Services Agreements Between City of Meridian and West
Ada School District Student Awardees for Traffic Box Community Art Project
A. Veronica Willard
B. Kamden Prock
C.Aeryn Waterman
D. Riley Wiles
E. Leanna Tackett
Page 188
Item#12.
PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK
FOR TRAFFIC BOX COMMUNITY ART PROJECT
This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART
PROJECT ("Agreement") is made this 18th day of August, 2020 ("Effective Date"), by and between the
City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and
Kimberly or Gary Willard, ("Contractor"), an individual person and parent or legal guardian of Veronica
Willard, a minor child("Artist").
WHEREAS,the City desires that public art will be a component of our community and to that
end, has undertaken the Traffic Box Community Art Project("Project"), within which artwork created by
community members will be transformed into vinyl wraps and used to cover traffic control boxes at
various locations throughout Meridian, with permission from the property owner Ada County Highway
District, as a benefit to the public;
WHEREAS,representatives of the Meridian Arts Commission("MAC") selected a piece of art
created by Artist entitled"Flower art," as depicted in Exhibit A hereto ("Artwork"), to become an
installation as part of the Project; MAC made this recommendation to Meridian City Council, and the
Meridian City Council accepts MAC's recommendation; and
WHEREAS,Artist and Contractor wish to participate in the Project by allowing the Artwork to
become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and agreed, the Parties agree as follows:
I. SCOPE.
A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of
Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl
wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City
shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of
Contractor's or Artist's person,property, or interests. Insurance of Artwork shall be in
Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and
actual loss, theft, and/or damage to the original Artwork.
B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or
photographically reproduce the image of the Artwork and to authorize third parties to do the same.
Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or
reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or
portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the
original Artwork onto a traffic control box, or for other purpose, in City's sole discretion.
C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork.
Contractor expressly waives any and all right, title, or interest in the images or products created
using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of
reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any
and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof,
including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the
PROFESSIONAL SERVICES AGREEMENT—UTILITY BOX WRAP PAGE Page 189
Item#12.
Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees
that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby
expressly waived except as otherwise provided herein. To the extent that the provisions of this
Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the
provisions of this Agreement will govern and any such differences in the rights and duties created
thereunder are expressly waived.
D. Limited edition. Contractor warrants and represents that the Artwork has never before been
created,published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork;
and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the
Artwork.
E. Ownership. City shall own the digital image created from Artwork and any portion or product
thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to
Artwork and any product or component thereof, including the vinyl wrap or wraps created
therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be
selected in the City's sole discretion, and once installed, City or other duly authorized party may
modify or remove, or allow modification or removal of same, in City's or other applicable
agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning
the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps
created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or
wraps featuring the digital image of Artwork or any portion thereof.
F. Payment. City shall make total payment to Contractor for services rendered pursuant to this
Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full
compensation from City to Contractor and to Artist for any and all services, costs, and expenses
related to services performed under this Agreement. Contractor and/or Artist shall be responsible
for payment of any and all taxes due and owing for payment received under this Agreement.
G. Photographs. Contractor consents to City's publication and/or use of any photographs or
recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes.
II.TERMS AND CONDITIONS
A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this
Agreement presents risks, some of which are unknown, and agrees to assume all such risks.
B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and
forever discharge City and its agents and employees from and for any and all losses, claims,
actions,judgments for damages, or injury to persons or property and losses and expenses caused
or incurred by Contractor or Artist in the course of any activity associated with this Agreement not
caused by or arising out of the tortious conduct of City, regardless of the manner by which such
claim may be brought.
C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent,
joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as
creating or establishing the relationship of employer and employee between Contractor and City or
any official, agent, or employee of City.
PROFESSIONAL SERVICES AGREEMENT-TRAFFIC BOX WRAP PAGE Page 190
Item#12.
D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties.
This Agreement supersedes any and all statements, promises, or inducements made by either
parry, or agents of either parry, whether oral or written. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both parties hereto.
E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, perfonnance and enforcement of this Agreement. Venue shall be in the courts of
Ada County, Idaho.
F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to
be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected.
G. Successors and assigns. All of the terms,provisions, covenants and conditions of this Agreement
shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns,
legal representatives, heirs, executors, and administrators.
H. Advice of attorney. Each parry warrants and represents that in executing this Agreement, it has
received independent legal advice from its attorneys or the opportunity to seek such advice.
I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal,
state, and local laws.
J. City Council approval required. The validity of this Agreement shall be expressly conditioned
upon City Council action approving the Agreement. Execution of this Agreement by the persons
referenced below prior to such ratification or approval shall not be construed as proof of validity in
the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective
Date first written above.
CONTACTOR: ARTIST:
K berly ot-BLaly Willard Vero 'ca Willard
Parent or Guardian of Veronica Willard
CITY OF MERIDIAN:
BY: Attest:
Robert E. Simison Chris Johnson, City Clerk
PROFESSIONAL SERVICES AGREEMENT—UTILITY BOX WRAP PAGE 3 of 4
Item#12.
EXHIBIT A
VERONICA WILLARD
}
•
1
PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX WRAP PAGE Page 192
Item#12.
PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK
FOR TRAFFIC BOX COMMUNITY ART PROJECT
This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART
PROJECT ("Agreement") is made this 18thday of August, 2020 ("Effective Date"), by and between the
City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and
Ann Young, ("Contractor"), an individual person and parent or legal guardian of Kamden Prock, a minor
child("Artist").
WHEREAS,the City desires that public art will be a component of our community and to that
end, has undertaken the Traffic Box Community Art Project("Project"), within which artwork created by
community members will be transformed into vinyl wraps and used to cover traffic control boxes at
various locations throughout Meridian, with permission from the property owner Ada County Highway
District, as a benefit to the public;
WHEREAS,representatives of the Meridian Arts Commission("MAC") selected a piece of art
created by Artist entitled"Moonlight," as depicted in Exhibit A hereto ("Artwork"), to become an
installation as part of the Project; MAC made this recommendation to Meridian City Council, and the
Meridian City Council accepts MAC's recommendation; and
WHEREAS,Artist and Contractor wish to participate in the Project by allowing the Artwork to
become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and agreed, the Parties agree as follows:
I. SCOPE.
A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of
Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl
wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City
shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of
Contractor's or Artist's person,property, or interests. Insurance of Artwork shall be in
Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and
actual loss, theft, and/or damage to the original Artwork.
B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or
photographically reproduce the image of the Artwork and to authorize third parties to do the same.
Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or
reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or
portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the
original Artwork onto a traffic control box, or for other purpose, in City's sole discretion.
C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork.
Contractor expressly waives any and all right, title, or interest in the images or products created
using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of
reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any
and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof,
including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the
PROFESSIONAL SERVICES AGREEMENT—UTILITY BOX WRAP PAGE I Pf
Item#12.
Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees
that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby
expressly waived except as otherwise provided herein. To the extent that the provisions of this
Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the
provisions of this Agreement will govern and any such differences in the rights and duties created
thereunder are expressly waived.
D. Limited edition. Contractor warrants and represents that the Artwork has never before been
created,published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork;
and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the
Artwork.
E. Ownership. City shall own the digital image created from Artwork and any portion or product
thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to
Artwork and any product or component thereof, including the vinyl wrap or wraps created
therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be
selected in the City's sole discretion, and once installed, City or other duly authorized party may
modify or remove, or allow modification or removal of same, in City's or other applicable
agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning
the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps
created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or
wraps featuring the digital image of Artwork or any portion thereof.
F. Payment. City shall make total payment to Contractor for services rendered pursuant to this
Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full
compensation from City to Contractor and to Artist for any and all services, costs, and expenses
related to services performed under this Agreement. Contractor and/or Artist shall be responsible
for payment of any and all taxes due and owing for payment received under this Agreement.
G. Photographs. Contractor consents to City's publication and/or use of any photographs or
recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes.
II.TERMS AND CONDITIONS
A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this
Agreement presents risks, some of which are unknown, and agrees to assume all such risks.
B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and
forever discharge City and its agents and employees from and for any and all losses, claims,
actions,judgments for damages, or injury to persons or property and losses and expenses caused
or incurred by Contractor or Artist in the course of any activity associated with this Agreement not
caused by or arising out of the tortious conduct of City, regardless of the manner by which such
claim may be brought.
C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent,
joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as
creating or establishing the relationship of employer and employee between Contractor and City or
any official, agent, or employee of City.
PROFESSIONAL SERVICES AGREEMENT-TRAFFIC BOX WRAP PAGE Page 194
Item#12.
D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties.
This Agreement supersedes any and all statements, promises, or inducements made by either
party, or agents of either party, whether oral or written. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both parties hereto.
E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of
Ada County, Idaho.
F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to
be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected.
G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement
shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns,
legal representatives, heirs, executors, and administrators.
H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has
received independent legal advice from its attorneys or the opportunity to seek such advice.
1. Compliance with law. Contractor and Artist shall comply with any and all applicable federal,
state, and local laws.
J. City Council approval required. The validity of this Agreement shall be expressly conditioned
upon City Council action approving the Agreement. Execution of this Agreement by the persons
referenced below prior to such ratification or approval shall not be construed as proof of validity in
the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective
Date first written above.
CONTACTOR: ARTIST:
Ann Young Kalrlden Prock
Parent or Guardian of Kamden Prock
CITY OF MERIDIAN:
BY: Attest:
V Chris Johnson, City Clerk
Robert E. Simison, Mayor
Page 195
PROFESSIONAL SERVICES AGREEMENT—UTILITY BOX WRAP PAGk
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Item#12.
PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK
FOR TRAFFIC BOX COMMUNITY ART PROJECT
This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART
PROJECT("Agreement") is made this day of August, 2020("Effective Date"), by and between the
City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and
Todd Shiver or Joleen Waterman, ("Contractor"), an individual person and parent or legal guardian of
Aeryn Waterman, a minor child("Artist").
WHEREAS, the City desires that public art will be a component of our community and to that
end, has undertaken the Traffic Box Community Art Project("Project"), within which artwork created by
community members will be transformed into vinyl wraps and used to cover traffic control boxes at
various locations throughout Meridian, with permission from the property owner Ada County Highway
District, as a benefit to the public;
WHEREAS, representatives of the Meridian Arts Commission("MAC") selected a piece of art
created by Artist entitled "In the mind of a teenage woman,"as depicted in Exhibit A hereto("Artwork"),
to become an installation as part of the Project; MAC made this recommendation to Meridian City
Council, and the Meridian City Council accepts MAC's recommendation; and
WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork to
become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions;
NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and agreed, the Parties agree as follows:
I. SCOPE.
A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of
Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl
wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City
shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of
Contractor's or Artist's person, property,or interests. Insurance of Artwork shall be in
Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and
actual loss, theft, and/or damage to the original Artwork.
B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or
photographically reproduce the image of the Artwork and to authorize third parties to do the same.
Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or
reproducing the image of Artwork on a vinyl wrap or wraps may require that the image,or
portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the
original Artwork onto a traffic control box, or for other purpose, in City's sole discretion.
C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork.
Contractor expressly waives any and all right, title, or interest in the images or products created
using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of
reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any
and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof,
including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the
PROFESSIONAL SERVICES AGREEMENT—UTILITY Box WRAP PAG
Item#12.
Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees
that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby
expressly waived except as otherwise provided herein. To the extent that the provisions of this
Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the
provisions of this Agreement will govern and any such differences in the rights and duties created
thereunder are expressly waived.
D. Limited edition. Contractor warrants and represents that the Artwork has never before been
created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork;
and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the
Artwork.
E. Ownership. City shall own the digital image created from Artwork and any portion or product
thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to
Artwork and any product or component thereof, including the vinyl wrap or wraps created
therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be
selected in the City's sole discretion, and once installed, City or other duly authorized party may
modify or remove, or allow modification or removal of same, in City's or other applicable
agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning
the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps
created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or
wraps featuring the digital image of Artwork or any portion thereof.
F. Payment. City shall make total payment to Contractor for services rendered pursuant to this
Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full
compensation from City to Contractor and to Artist for any and all services, costs, and expenses
related to services performed under this Agreement. Contractor and/or Artist shall be responsible
for payment of any and all taxes due and owing for payment received under this Agreement.
G. Photographs. Contractor consents to City's publication and/or use of any photographs or
recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes.
H.TERMS AND CONDITIONS
A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this
Agreement presents risks, some of which are unknown, and agrees to assume all such risks.
B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and
forever discharge City and its agents and employees from and for any and all losses, claims,
actions,judgments for damages, or injury to persons or property and losses and expenses caused
or incurred by Contractor or Artist in the course of any activity associated with this Agreement not
caused by or arising out of the tortious conduct of City, regardless of the manner by which such
claim may be brought.
C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent,
joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as
creating or establishing the relationship of employer and employee between Contractor and City or
any official, agent, or employee of City.
PROFESSIONAL SERVICES AGREEMENT—TRAFFIC Box WRAP PAGE
Page 198
Item#12.
D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties.
This Agreement supersedes any and all statements, promises, or inducements made by either
party, or agents of either party, whether oral or written. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both parties hereto.
E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of
Ada County, Idaho.
F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to
be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected.
G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement
shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns,
Iegal representatives, heirs, executors, and administrators.
H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has
received independent legal advice from its attorneys or the opportunity to seek such advice.
1. Compliance with law. Contractor and Artist shall comply with any and all applicable federal,
state, and local laws.
J. City Council approval required. The validity of this Agreement shall be expressly conditioned
upon City Council action approving the Agreement. Execution of this Agreement by the persons
referenced below prior to such ratification or approval shall not be construed as proof of validity in
the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective
Date first written above.
CONTACTOR: ARTIST:
Ut��
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int
hiver or Joleen Waterman Aeryn aterman
r Guardian of Aeryn Waterman
CITY OF MERIDIAN:
BY: Attest:
Robert E. Simison Chris Johnson, City Clerk
PROFESSIONAL SERVICES AGREEMENT—UTILITY Box WRAP PAGE 3 o
Item#12.
EXHIBIT A
AER YN V VA TERMAN
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PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX WRAP PAUI A
Page 200
Item#12.
PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK
FOR TRAFFIC BOX COMMUNITY ART PROJECT
This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART
PROJECT ("Agreement") is made thisl8th day of August, 2020 ("Effective Date"), by and between the
City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and
Dan or Chantel Wiles, ("Contractor"), an individual person and parent or legal guardian of Riley Wiles, a
minor child("Artist").
WHEREAS,the City desires that public art will be a component of our community and to that
end, has undertaken the Traffic Box Community Art Project("Project"), within which artwork created by
community members will be transformed into vinyl wraps and used to cover traffic control boxes at
various locations throughout Meridian, with permission from the property owner Ada County Highway
District, as a benefit to the public;
WHEREAS,representatives of the Meridian Arts Commission("MAC") selected a piece of art
created by Artist entitled"Riley's Rose," as depicted in Exhibit A hereto ("Artwork"), to become an
installation as part of the Project; MAC made this recommendation to Meridian City Council, and the
Meridian City Council accepts MAC's recommendation; and
WHEREAS,Artist and Contractor wish to participate in the Project by allowing the Artwork to
become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and agreed, the Parties agree as follows:
I. SCOPE.
A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of
Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl
wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City
shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of
Contractor's or Artist's person,property, or interests. Insurance of Artwork shall be in
Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and
actual loss, theft, and/or damage to the original Artwork.
B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or
photographically reproduce the image of the Artwork and to authorize third parties to do the same.
Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or
reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or
portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the
original Artwork onto a traffic control box, or for other purpose, in City's sole discretion.
C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork.
Contractor expressly waives any and all right, title, or interest in the images or products created
using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of
reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any
and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof,
including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the
PROFESSIONAL SERVICES AGREEMENT-UTILITY Box WRAP PAGE Page 201
Item#12.
Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees
that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby
expressly waived except as otherwise provided herein. To the extent that the provisions of this
Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the
provisions of this Agreement will govern and any such differences in the rights and duties created
thereunder are expressly waived.
D. Limited edition. Contractor warrants and represents that the Artwork has never before been
created,published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork;
and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the
Artwork.
E. Ownership. City shall own the digital image created from Artwork and any portion or product
thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to
Artwork and any product or component thereof, including the vinyl wrap or wraps created
therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be
selected in the City's sole discretion, and once installed, City or other duly authorized party may
modify or remove, or allow modification or removal of same, in City's or other applicable
agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning
the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps
created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or
wraps featuring the digital image of Artwork or any portion thereof.
F. Payment. City shall make total payment to Contractor for services rendered pursuant to this
Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full
compensation from City to Contractor and to Artist for any and all services, costs, and expenses
related to services performed under this Agreement. Contractor and/or Artist shall be responsible
for payment of any and all taxes due and owing for payment received under this Agreement.
G. Photographs. Contractor consents to City's publication and/or use of any photographs or
recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes.
II.TERMS AND CONDITIONS
A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this
Agreement presents risks, some of which are unknown, and agrees to assume all such risks.
B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and
forever discharge City and its agents and employees from and for any and all losses, claims,
actions,judgments for damages, or injury to persons or property and losses and expenses caused
or incurred by Contractor or Artist in the course of any activity associated with this Agreement not
caused by or arising out of the tortious conduct of City, regardless of the manner by which such
claim may be brought.
C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent,
joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as
creating or establishing the relationship of employer and employee between Contractor and City or
any official, agent, or employee of City.
PROFESSIONAL SERVICES AGREEMENT-TRAFFIC BOX WRAP PAGE Page 202
Item#12.
D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties.
This Agreement supersedes any and all statements,promises,or inducements made by either
party,or agents of either party, whether oral or written. The terms of this Agreement may not be
enlarged,modified or altered except upon written agreement signed by both parties hereto.
E. Agreement governed by Idaho law.The laws of the State of Idaho shall govern the validity,
interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of
Ada County,Idaho.
F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to
be illegal,invalid,or unenforceable,the remainder of this Agreement shall not be affected.
G. Successors and assigns. All of the terms,provisions,covenants and conditions of this Agreement
shall inure to the benefit of,and shall be binding upon,each party and their successors, assigns,
legal representatives,heirs,executors,and administrators.
H. Advice of attorney. Each party warrants and represents that in executing this Agreement,it has
received independent legal advice from its attorneys or the opportunity to seek such advice.
I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal,
state,and local laws.
J. City Council approval required. The validity of this Agreement shall be expressly conditioned
upon City Council action approving the Agreement. Execution of this Agreement by the persons
referenced below prior to such ratification or approval shall not be construed as proof of validity in
the absence of Meridian City Council approval.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective
Date first written above.
CONTACTOR: ARTIST:
Dan or Chantel Wiles Riley Wiles
Parent or Guardian of Riley Wiles
CITY OF MERIDIAN:
BY: Attest:
Robert E. Simison Chris Johnson,City Clerk
PROFESSIONAL SERVICES AGREEMENT-UTILITY Box WRAP PAGE
Page 203
Item#12.
EXHIBIT A
RILEY WILES
mob
PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX WRAP PAGE Page 204
Item#12.
PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK
FOR TRAFFIC BOX COMMUNITY ART PROJECT
This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART
PROJECT ("Agreement") is made this 18thday of August, 2020 ("Effective Date"), by and between the
City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and
Theodore or Jamie Burns, ("Contractor"), an individual person and parent or legal guardian of Leana
Tackett, a minor child("Artist").
WHEREAS,the City desires that public art will be a component of our community and to that
end, has undertaken the Traffic Box Community Art Project("Project"), within which artwork created by
community members will be transformed into vinyl wraps and used to cover traffic control boxes at
various locations throughout Meridian, with permission from the property owner Ada County Highway
District, as a benefit to the public;
WHEREAS,representatives of the Meridian Arts Commission("MAC") selected a piece of art
created by Artist entitled"Peaceful Night," as depicted in Exhibit A hereto ("Artwork"), to become an
installation as part of the Project; MAC made this recommendation to Meridian City Council, and the
Meridian City Council accepts MAC's recommendation; and
WHEREAS,Artist and Contractor wish to participate in the Project by allowing the Artwork to
become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and agreed, the Parties agree as follows:
I. SCOPE.
A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of
Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl
wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City
shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of
Contractor's or Artist's person,property, or interests. Insurance of Artwork shall be in
Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and
actual loss, theft, and/or damage to the original Artwork.
B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or
photographically reproduce the image of the Artwork and to authorize third parties to do the same.
Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or
reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or
portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the
original Artwork onto a traffic control box, or for other purpose, in City's sole discretion.
C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork.
Contractor expressly waives any and all right, title, or interest in the images or products created
using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of
reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any
and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof,
including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the
PROFESSIONAL SERVICES AGREEMENT-UTILITY Box WRAP PAGE Page 205
Item#12.
Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees
that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby
expressly waived except as otherwise provided herein. To the extent that the provisions of this
Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the
provisions of this Agreement will govern and any such differences in the rights and duties created
thereunder are expressly waived.
D. Limited edition. Contractor warrants and represents that the Artwork has never before been
created,published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork;
and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the
Artwork.
E. Ownership. City shall own the digital image created from Artwork and any portion or product
thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to
Artwork and any product or component thereof, including the vinyl wrap or wraps created
therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be
selected in the City's sole discretion, and once installed, City or other duly authorized party may
modify or remove, or allow modification or removal of same, in City's or other applicable
agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning
the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps
created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or
wraps featuring the digital image of Artwork or any portion thereof.
F. Payment. City shall make total payment to Contractor for services rendered pursuant to this
Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full
compensation from City to Contractor and to Artist for any and all services, costs, and expenses
related to services performed under this Agreement. Contractor and/or Artist shall be responsible
for payment of any and all taxes due and owing for payment received under this Agreement.
G. Photographs. Contractor consents to City's publication and/or use of any photographs or
recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes.
II.TERMS AND CONDITIONS
A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this
Agreement presents risks, some of which are unknown, and agrees to assume all such risks.
B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and
forever discharge City and its agents and employees from and for any and all losses, claims,
actions,judgments for damages, or injury to persons or property and losses and expenses caused
or incurred by Contractor or Artist in the course of any activity associated with this Agreement not
caused by or arising out of the tortious conduct of City, regardless of the manner by which such
claim may be brought.
C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent,
joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as
creating or establishing the relationship of employer and employee between Contractor and City or
any official, agent, or employee of City.
PROFESSIONAL SERVICES AGREEMENT-TRAFFIC BOX WRAP PAGE Page 206
Item#12.
D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties.
This Agreement supersedes any and all statements,promises,or inducements made by either
party,or agents of either party,whether oral or written. The terms of this Agreement may not be
enlarged,modified or altered except upon written agreement signed by both parties hereto.
E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of
Ada County, Idaho.
F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to
be illegal, invalid,or unenforceable,the remainder of this Agreement shall not be affected.
G. Successors and assigns. All of the terms,provisions,covenants and conditions of this Agreement
shall inure to the benefit of, and shall be binding upon,each party and their successors, assigns,
legal representatives, heirs,executors,and administrators.
H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has
received independent legal advice from its attorneys or the opportunity to seek such advice.
I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal,
state,and local laws.
J. City Council approval required. The validity of this Agreement shall be expressly conditioned
upon City Council action approving the Agreement. Execution of this Agreement by the persons
referenced below prior to such ratification or approval shall not be construed as proof of validity in
the absence of Meridian City Council approval.
IN W I TN ESS WHEREOF,the parties hereto have executed this Agreement on the Effective
Date first written above.
CONTACTOR: ARTIST:
Theodore or Ja a Burns Leana Tackett
Parent or Guardian of Leana Tackett
CITY OF MERIDIAN:
BY: ---------------------------------- Attest:Robert E. Simison ----------------------------------
ChrisJohnson, City Clerk
PROFESSIONAL SF_RVIOFS AGREEMENT-UTILITY Box WRAP PAGF 3 of 4
Page 207
Item#12.
EXHIBIT A
LEANA TACKETT
PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX WRAP PAGE Page 208
Item#13.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Artwork License Agreement Between City of Meridian and Casey Gurr
for Traffic Box Community Art Project
Page 209
Item#13.
ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT
This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT
("Agreement")is made this 6th day of August , 2020 ("Effective Date"),by and between the City of
Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Casey Gurr, an
individual person("Artist").
WHEREAS,the City desires that public art will be a component of our community, and to that end,
the Meridian Arts Commission("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking
proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images
portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian
as derivative works,with permission from the property owner Ada County Highway District, as part of the
Traffic Box Community Art Project("Project"), as a benefit to the public;
WHEREAS,Artist submitted a response to the Call for Artists,which response included the
Application and Acknowledgments and letter of intent attached hereto as Exhibit B;
WHEREAS, on May 18, 2019, the Meridian Arts Commission reviewed the responses to the Call for
Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their
respectively submitted proposals, including the piece of art entitled Comets Inbound, depicted in Exhibit C
hereto ("Artwork") submitted by Artist, and on June 11, 2019, Meridian City Council accepted such
recommendation, creating the Traffic Box Art Image Repository via Resolution no. 19-2146;
WHEREAS,Artist wishes to participate in the Project by allowing the Artwork to be scanned and
formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control
box, subject to the following terms and conditions;
NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is
hereby acknowledged and agreed, the Parties agree as follows:
I. SCOPE.
A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically
produce a derivative work from the image of the original Artwork,print such image or portion(s)thereof
on one or more vinyl wraps ("Vinyl Wrap"), install the Vinyl Wrap as a derivative work on one or more
traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Artist acknowledges
and agrees that the process of photographing, digitizing,printing, and/or reproducing the image of
Artwork on a vinyl wrap or wraps may require that the image, or portions thereof,be cropped,resized, or
otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a
derivative work of the Artwork, or for any other purpose, in City's sole discretion.
B. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original
Artwork for the purpose of creating a digital image of the Artwork,printing such image or portions thereof
on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes
in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork
and/or of Artist's person,property, or interests. Insurance of original Artwork shall be in Artist's sole
discretion and responsibility. Artist shall bear any and all risks of and actual loss, theft, and/or damage to
the original Artwork.
C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork
with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain
ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE I page 210
Item#13.
the copyright of the derivative work and any product or component thereof, including the Vinyl Wrap
created therefrom,which shall belong wholly to the City, and Artist shall not make any claim thereto. As
to the derivative work:
1. Artist expressly waives any and all right, title, or interest in the images or products created using the
derivative work. Artist understands that this waiver includes waivers of the exclusive rights of
reproduction, adaptation,publication, and display.
2. Artist agrees to relinquish and waive any and all rights,title, and interest to the derivative work,
images thereof, or images of any portion thereof, including, but not limited to,the rights afforded
artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101
et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth
in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent
that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act
of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties
created thereunder are expressly waived.
D. Artist is creator of Artwork. Artist warrants and represents that Artist is the sole creator of the Artwork;
and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein.
E. Ownership. City shall own the digital image created from Artwork and any derivative work arising from
a portion or product thereof, including the Vinyl Wrap created therefrom. The installation location(s) of
the Vinyl Wrap created as derivative works from Artwork, if any, will be selected in the City's sole
discretion, and once installed, City or other duly authorized party may modify or remove, or allow
modification or removal of same, in City's sole discretion. Artist specifically waives the right to claim any
remedy concerning the alteration of any image of Artwork or portion thereof for preparation of the
derivative work, including the Vinyl Wrap created therefrom. City shall not be obligated by this
Agreement to install any Vinyl Wrap featuring the digital image of Artwork or any portion thereof.
F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the
amount of three hundred dollars ($300.00). This payment shall constitute full compensation from City to
Artist for any and all services, costs, and expenses related to services performed under this Agreement.
Artist shall be responsible for payment of any and all taxes due and owing for payment received under this
Agreement.
G. Photographs. Artist consents to City's publication and/or use of any photographs or recordings of Artist,
Artwork, derivative works created using Artwork, and/or the Vinyl Wrap for promotional purposes.
IL TERMS AND CONDITIONS
A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement
presents risks, some of which are unknown, and agrees to assume all such risks.
B. Indemnification; waiver. Artist shall indemnify, save and hold harmless,release and forever discharge
City and its agents and employees from and for any and all losses, claims, actions,judgments for damages,
or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course
of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City,
regardless of the manner by which such claim may be brought.
C. Relationship of Parties. Artist is an independent contractor and is not an employee, agent,joint venturer,
or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing
the relationship of employer and employee between Artist and City or between Artist and any official,
agent, or employee of City.
ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 2 page 211
Item#13.
D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This
Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of
either party,whether oral or written. The terms of this Agreement may not be enlarged,modified or
altered except upon written agreement signed by both parties hereto.
E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada
County, Idaho.
F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be
illegal, invalid, or unenforceable,the remainder of this Agreement shall not be affected.
G. Successors and assigns. All of the terms,provisions, covenants and conditions of this Agreement shall
inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal
representatives,heirs, executors, and administrators.
H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received
independent legal advice from its attorneys or the opportunity to seek such advice.
I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the
exhibits were set forth in their entirety herein.
J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon
City Council action approving the Agreement. Execution of this Agreement by the persons referenced
below prior to such ratification or approval shall not be construed as proof of validity in the absence of
Meridian City Council approval.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date
first written above.
ARTIST:
Casey c7wr
Casey Gurr
CITY OF MERIDIAN:
BY: Attest:
Robert E. Simison, Mayor Chris Johnson, City Clerk
ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 3 page 212
Item#13.
Meridian Commission EXHIBIT A
Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY
OVERVIEW:
The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of
images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian.
As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the
repository to reproduce as a vinyl wrap. Artwork included in the repository may not be selected for a traffic box
wrap. A $300 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be
installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian
and scanning of the original artwork portrayed in the selected image by City or City's selected vendor.
ELIGIBILITY:
This project is open to applicants regardless of race, gender, gender identity, sexual orientation, religion,
nationality, or disability. The Traffic Box Art Image Repository is to include original artwork by artists who
live or work in Idaho's Treasure Valley, created using any medium, so long as it can be represented in a high-
resolution digital image without loss of integrity or quality. No artwork will be included in the repository which
does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be
required to enter into a written agreement with the City setting forth specific terms and conditions of
inclusion. Each person may submit up to three (3) images for consideration; a maximum of two (2) images per
person may be selected for inclusion in the repository. Incomplete or late submissions will be deemed
ineligible and will not be considered.
PROPOSAL REQUIREMENTS:
An artist wishing to submit an image for inclusion in the digital repository must provide the following materials
and information to MAC in order to be considered for inclusion in the digital repository:
• Completed, signed Traffic Box Art Image Repository Application Et Acknowledgements form;
• Descriptions of artwork submitted (which may be used on the online Digital Public Art Map and/or in posted
descriptions of completed boxes), approx. 2-3 sentences per artwork, in .pdf format;
• Biography of the artist (or artist statement), must fit on one-page, in .pdf format; and
• Up to three (3) digital images of original artwork proposed for inclusion in the digital repository, image file
names must include artist's last name and artwork title.
E-mailed submissions may be sent to mac@meridiancity.ora,: documents must be .PDF and artwork images must
be .JPG format. Hard copy materials (printed on 20 lb paper) may be submitted via U.S. Mail or in-person
delivery, addressed to: Meridian Arts Commission
33 East Broadway Avenue
Meridian ID 83642
DEADLINE:
This call shall be open until 5:00 p.m. on Friday, April 12, 2019.
SELECTION PROCESS:
The selection of art for inclusion in the digital repository will be made by MAC. MAC will jury submissions at its
regularly scheduled meetings, as they are received. MAC will notify selectees either by email or letter sent U.S.
Mail. In evaluating eligible proposals, the following factors will be considered:
• Quality of work;
• Appropriateness of subject and concept for a public space;
• Consistency with City policy and community values; and
• Contribution to aesthetic and cultural atmosphere of the Meridian community.
Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal
ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race,
creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks.
CONTACT MAC:
Questions regarding this Call for Artists may be sent via e-mail to mac@meridiancity.org.
ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE I page 213
Item#13.
EXHIBIT B
APPLICATION MATERIALS
ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 1 Page 214
Item#13.
Meridian Commission
Application Et Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY
Applicant: <�_tl S ex 6 u r r
E-mail address: Cccxey!� v
Mailing address: 2.320 3�oli
Physical address: 675 a6 0"e-
Applicant phone: Day: Cell:
Image title(s): 1. 65rh e4S ,T"80uod
2. Sn�GrrJ�ilv��
3. _flue 5);��-3 c�,'tti q Le
I hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for
inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and
conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate,
written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge and agree
that:
�A. All artwork submitted with this proposal for consideration for inclusion in the digital
N1T I_AL repository is original work that I myself conceived and created in all respects.
B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap,
INIna� 1 will be required to enter into a written agreement with the City of Meridian establishing the
specific terms and conditions of such installation. No entitlement will issue or attach prior to
negotiation and execution of such agreement.
� ` Before work represented in the repository may be installed as a vinyl traffic box wrap, I will
INITIAL be required to provide the original artwork from which the image was taken. If the original
artwork is no longer in my possession, I will advise the Meridian Arts Commission so that the
image may be removed from the digital repository as a potential option for installation as a vinyl
wrap.
Upon submission of artwork to the City of Meridian for consideration for inclusion in the
INITIAL - digital repository, such submission is a public record, subject to the Idaho Public Records Act.
{L E. Artwork included in the digital repository may be removed from the repository, and/or the
INITIAL repository may be deleted or discontinued, without notice to the artist.
The City seeks to encourage artistic expression and public dialogue, but must simultaneously
I A�LNITIAL ensure that persons of diverse ages and perspectives feel welcome and comfortable in public
spaces. To this end, only artwork meeting the eligibility standards described in the Call for
Artists shall be included in the digital repository.
I acknowledge and understand, and submit my proposal subject to, each and all of these terms and conditions.
Signature: Date-
Page 215
Item#13.
Casey Gurr
About the Artist
Like any artist you might talk to I have been interested in creating since I was very young.
My love of especially drawing in my youth lead me into a more serious pursuit of art as I was finish-
ing my high school years. I received my Bachelors in Arts from Boise State University. After some
time working as an airbrush artist and automotive refinisher I returned to Boise State to become a
certified art teacher.
Currently I am a full time art teacher at Eagle High School. I teach a variety of subjects
such as drawing, design,painting,printmaking, and ceramics. I am fortunate to get to work with
young people and teach techniques in lots of different materials. I also teach art classes and create
commissioned work through my business Gurr Studios.
As an artist I like to roam around in different expressions and sometimes find it hard to fo-
cus on a single medium. I enjoy printmaking, painting and pottery. The Printmaking I have done
recently includes my exploration in red and blue 3-D or"anaglyph" effects, as well as adding air-
brushed color effects. My pottery is often finished in a Raku process for the metallic finishes. In
painting I often work with an airbrush,painting on a variety of surfaces for customers.
Repeating through this range of materials and ideas, I keep coming back to themes involving
astronomy and the exploration of the universe. No doubt a result of too many sci-fi reruns as a kid..
I cant seem to shake my interest. If I see a land scape I am thinking of Mars. Figures I draw be-
come clad in spacesuits, ceramic jars are fired with textures inspired by photos of planetary surfaces
and the smoke and fire of rocket launches. Scenes of outer space find their way onto shirts and cloth-
ing to share with everyone.
Page 216
Item#13.
Artwork descriptions
1- "Comets inbound"Aqua Comets hurtling towards an orange star.
2- "Solar Lashing" Radiation and large solar flares explode off of the surface of a star, blasting two
planets
3- "Blue giant with a belt"A blue star creates a purple glow when viewed through the rock and
haze of an asteroid belt.
Page 217
EXHIBIT C
COME TS
INB
_ � M•.'�'r%wr
ARTWORK LICENSE AGREEMENT:TRAFFIC Box COMMUNITY ART PROJECT PAGE 8
.fir r
f y ry
Item#14.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Artwork License Agreement Between City of Meridian and Brittany
Bishop for Traffic Box Community Art Project
Page 219
Item#14.
ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT
This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT
("Agreement")is made this-1 day of 0 S , 2020 ("Effective Date"), by and between the City of
Meridian, a municipal corporation organize under the laws of the State of Idaho ("City"), and Brittany
Bishop, an individual person("Artist").
WHEREAS, the City desires that public art will be a component of our community, and to that end,
the Meridian Arts Commission("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking
proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images
portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian
as derivative works,with permission from the property owner Ada County Highway District, as part of the
Traffic Box Community Art Project("Project"), as a benefit to the public;
WHEREAS,Artist submitted a response to the Call for Artists,which response included the
Application and Acknowledgments and letter of intent attached hereto as Exhibit B;
WHEREAS, on May 18, 2019, the Meridian Arts Commission reviewed the responses to the Call for
Artists,recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their
respectively submitted proposals, including the piece of art entitled Sawtooth Lake, depicted in Exhibit C
hereto ("Artwork") submitted by Artist, and on June 11,2019, Meridian City Council accepted such
recommendation, creating the Traffic Box Art Image Repository via Resolution no. 19-2146;
WHEREAS,Artist wishes to participate in the Project by allowing the Artwork to be scanned and
formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control
box, subject to the following terms and conditions;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged and agreed, the Parties agree as follows:
I. SCOPE.
A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically
produce a derivative work from the image of the original Artwork,print such image or portion(s)thereof
on one or more vinyl wraps ("Vinyl Wrap"), install the Vinyl Wrap as a derivative work on one or more
traffic control boxes in Meridian,Idaho, and authorize third parties to do the same. Artist acknowledges
and agrees that the process of photographing, digitizing,printing, and/or reproducing the image of
Artwork on a vinyl wrap or wraps may require that the image, or portions thereof,be cropped,resized, or
otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a
derivative work of the Artwork, or for any other purpose, in City's sole discretion.
B. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original
Artwork for the purpose of creating a digital image of the Artwork,printing such image or portions thereof
on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes
in Meridian, Idaho. City shall not provide insurance to cover loss,theft, or damage of original Artwork
and/or of Artist's person,property, or interests. Insurance of original Artwork shall be in Artist's sole
discretion and responsibility. Artist shall bear any and all risks of and actual loss,theft, and/or damage to
the original Artwork.
C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork
with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain
ARTWORK LICENSE AGREEMENT:TRAFFIC Box CommuNiTy ART PROJECT PAGE 1
Page 220
Item#14.
the copyright of the derivative work and any product or component thereof, including the Vinyl Wrap
created therefrom,which shall belong wholly to the City, and Artist shall not make any claim thereto. As
to the derivative work:
1. Artist expressly waives any and all right,title, or interest in the images or products created using the
derivative work. Artist understands that this waiver includes waivers of the exclusive rights of
reproduction, adaptation,publication, and display.
2. Artist agrees to relinquish and waive any and all rights, title, and interest to the derivative work,
images thereof, or images of any portion thereof, including,but not limited to,the rights afforded
artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990,Title 17 U.S.C. §§ 101
et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth
in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent
that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act
of 1990,the provisions of this Agreement will govern and any such differences in the rights and duties
created thereunder are expressly waived.
D. Artist is creator of Artwork. Artist warrants and represents that Artist is the sole creator of the Artwork;
and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein.
E. Ownership. City shall own the digital image created from Artwork and any derivative work arising from
a portion or product thereof, including the Vinyl Wrap created therefrom. The installation location(s) of
the Vinyl Wrap created as derivative works from Artwork, if any, will be selected in the City's sole
discretion, and once installed, City or other duly authorized party may modify or remove, or allow
modification or removal of same, in City's sole discretion. Artist specifically waives the right to claim any
remedy concerning the alteration of any image of Artwork or portion thereof for preparation of the
derivative work, including the Vinyl Wrap created therefrom. City shall not be obligated by this
Agreement to install any Vinyl Wrap featuring the digital image of Artwork or any portion thereof.
F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the
amount of three hundred dollars($300.00). This payment shall constitute full compensation from City to
Artist for any and all services,costs, and expenses related to services performed under this Agreement.
Artist shall be responsible for payment of any and all taxes due and owing for payment received under this
Agreement.
G. Photographs. Artist consents to City's publication and/or use of any photographs or recordings of Artist,
Artwork, derivative works created using Artwork, and/or the Vinyl Wrap for promotional purposes.
II.TERMS AND CONDITIONS
A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement
presents risks, some of which are unknown, and agrees to assume all such risks.
B. Indemnification; waiver. Artist shall indemnify, save and hold harmless, release and forever discharge
City and its agents and employees from and for any and all losses, claims, actions,judgments for damages,
or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course
of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City,
regardless of the manner by which such claim may be brought.
C. Relationship of Parties. Artist is an independent contractor and is not an employee, agent,joint venturer,
or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing
the relationship of employer and employee between Artist and City or between Artist and any official,
agent, or employee of City.
ARTWORK LICENSE AGREEMENT:TRAFFIC Box COMMUNITY ART PROJECT PAGE 2
Page 221
Item#14.
D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This
Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of
either parry, whether oral or written. The terms of this Agreement may not be enlarged,modified or
altered except upon written agreement signed by both parties hereto.
E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada
County, Idaho.
F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be
illegal, invalid, or unenforceable,the remainder of this Agreement shall not be affected.
G. Successors and assigns. All of the terms,provisions, covenants and conditions of this Agreement shall
inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal
representatives,heirs, executors, and administrators.
H. Advice of attorney. Each party warrants and represents that in executing this Agreement,it has received
independent legal advice from its attorneys or the opportunity to seek such advice.
I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the
exhibits were set forth in their entirety herein.
J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon
City Council action approving the Agreement. Execution of this Agreement by the persons referenced
below prior to such ratification or approval shall not be construed as proof of validity in the absence of
Meridian City Council approval.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date
first written above.
ARTIST:
Brittany Bishop
CITY OF MERIDIAN:
BY: Attest:
Robert E. Simison, Mayor Chris Johnson, City Clerk
ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 3
Page 222
Item#14.
Meridian Commission EXHIBIT A
Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY
OVERVIEW:
The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of
images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian.
As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the
repository to reproduce as a vinyl wrap. Artwork included in the repository may not be selected for a traffic box
wrap. A $300 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be
installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian
and scanning of the original artwork portrayed in the selected image by City or City's selected vendor.
ELIGIBILITY:
This project is open to applicants regardless of race, gender, gender identity, sexual orientation, religion,
nationality, or disability. The Traffic Box Art Image Repository is to include original artwork by artists who
live or work in Idaho's Treasure Valley, created using any medium, so long as it can be represented in a high-
resolution digital image without loss of integrity or quality. No artwork will be included in the repository which
does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be
required to enter into a written agreement with the City setting forth specific terms and conditions of
inclusion. Each person may submit up to three (3) images for consideration; a maximum of two (2) images per
person may be selected for inclusion in the repository. Incomplete or late submissions will be deemed
ineligible and will not be considered.
PROPOSAL REQUIREMENTS:
An artist wishing to submit an image for inclusion in the digital repository must provide the following materials
and information to MAC in order to be considered for inclusion in the digital repository:
• Completed, signed Traffic Box Art Image Repository Application Et Acknowledgements form;
• Descriptions of artwork submitted (which may be used on the online Digital Public Art Map and/or in posted
descriptions of completed boxes), approx. 2-3 sentences per artwork, in .pdf format;
• Biography of the artist (or artist statement), must fit on one-page, in .pdf format; and
• Up to three (3) digital images of original artwork proposed for inclusion in the digital repository, image file
names must include artist's last name and artwork title.
E-mailed submissions may be sent to mac@meridiancity.ora,: documents must be .PDF and artwork images must
be .JPG format. Hard copy materials (printed on 20 lb paper) may be submitted via U.S. Mail or in-person
delivery, addressed to: Meridian Arts Commission
33 East Broadway Avenue
Meridian ID 83642
DEADLINE:
This call shall be open until 5:00 p.m. on Friday, April 12, 2019.
SELECTION PROCESS:
The selection of art for inclusion in the digital repository will be made by MAC. MAC will jury submissions at its
regularly scheduled meetings, as they are received. MAC will notify selectees either by email or letter sent U.S.
Mail. In evaluating eligible proposals, the following factors will be considered:
• Quality of work;
• Appropriateness of subject and concept for a public space;
• Consistency with City policy and community values; and
• Contribution to aesthetic and cultural atmosphere of the Meridian community.
Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal
ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race,
creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks.
CONTACT MAC:
Questions regarding this Call for Artists may be sent via e-mail to mac@meridiancity.org.
ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE I page 223
Item#14.
EXHIBIT B
APPLICATION MATERIALS
ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE I page 224
Item#14.
Meridian aCommission
Application Et Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY
Applicant: 1j'(�1T1 (ynQ &-3-hoo
E-mail address: Y1 LCM `j Etc L G� t 1 C%e
Mailing address: 37 q q l G ft,��rl VVrU,c� f p l S� y� -y j
Physical address: It
Applicant phone: Day: Zo8 g5cf-1 18q Cell: l+
Image title(s): 1. &1( gyiel I\jL
I hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for
inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and
conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate,
written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge and agree
that:
� A. All artwork submitted with this proposal for consideration for inclusion in the digital
INh�TIAL
repository is original work that I myself conceived and created in all respects.
±16 B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap,
INITIAL I will be required to enter into a written agreement with the City of Meridian establishing the
specific terms and conditions of such installation. No entitlement will issue or attach prior to
negotiation and execution of such agreement.
C. Before work represented in the repository may be installed as a vinyl traffic box wrap, I will
INITIAL be required to provide the original artwork from which the image was taken. If the original
artwork is no longer in my possession, I will advise the Meridian Arts Commission so that the
image may be removed from the digital repository as a potential option for installation as a vinyl
wrap.
D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the
INITIAL digital repository, such submission is a public record, subject to the Idaho Public Records Act.
E. Artwork included in the digital repository may be removed from the repository, and/or the
IP
INITIAL repository may be deleted or discontinued, without notice to the artist.
59 F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously
INITIAL ensure that persons of diverse ages and perspectives feel welcome and comfortable in public
spaces. To this end, only artwork meeting the eligibility standards described in the Call for
Artists shalt be included in the digital repository.
I acknowledge and understand, and submit my proposal subject to, each and all of these terms and conditions.
Signature: / Date: AV 1—
Page 225
Item#14.
Brittany Bishop
Meridian Arts Commission
Submission for the Traffic Box Art Image Repository
April 12, 2019
Artist Biography
My name is Brittany Bishop and I live in beautiful Meridian, Idaho. I am an aspiring
professional photographer, ceramicist, and graphic designer. I am currently working
toward my Bachelors degree in Visual Arts at Boise State University. I've always had a
passion for art and I believe that everybody should love what they do. My photography
is about how I see the world through my camera lens. This influences my artwork in my
drawings, paintings, mixed media, and sculptures. I like to share and record my
experiences in different places. I see the beauty in everything and think that it is an
important factor in creating any kind of artwork.
PW
Page 226
Item#14.
Image 1
Geometry in Nature
"In order to understand the universe you must know the language in which it is written
and that language is mathematics." -Galileo Galilei. I created complex overlapping
mathematical patterns using geometric shapes. According to some studies, meditating
on these patterns, also known as sacred geometry, can help strengthen the connection
between the right and left hemispheres of the brain. Combining the symmetry of the
geometric shapes with beauty of this scene invites the viewer to observe the nature of
geometry and the geometry of nature. Photographs were taken at Veterans Memorial
Park in Boise, Idaho.
J. .
I
e +nests.
Page 227
Item#14.
Image 2
Don't Look Down!
"Don't look down!" is a phrase I sometimes hear when climbing or moving along
something very high. Sometimes climbing helps people overcome fears, especially
when looking down. I aimed to emphasize this feeling of anticipation. The photographs
of the slides remind me of the rush of adrenaline children usually get before going down
a slide, but it also reminds me of a tongue inside a giant monster. Some of the
equipment could be a beanstalk, tree, etc; the only limitation is imagination.
Photographs were taken at Settler's Park Adventure Island in Meridian Idaho.
� L
Page 228
Item#14.
Image 3
Sawtooth Lake
This panorama consists of 5 photographs stitched together in Photoshop. Standing at
the edge of Sawtooth Lake, I was overwhelmed by the beauty of the Sawtooth
mountains in Stanley, Idaho. I'm so glad that I can call Idaho my home.
^ 1
Page 229
Item#14.
Brittany Bishop
Artist CV
Contact: brittanygbishop@gmail.com
Portfolio: brittanygbishop.tumblr.com
Education
2019 Boise State University, Boise, Bachelors in Arts, Visual Arts Major 3.7 GPA
2015 College of Western Idaho, Nampa, Associates of Liberal Arts
2012 Centennial High School, Boise ID
Permanent Collection
2015
CapEd Parkcenter Branch, Iconic Photography Contest, Boise ID on continual
exhibition, Spirit of Boise Balloon Classic Photograph
2014
LibART altered book purchased by CWI Library, Nampa, ID on continual exhibition,
"The World is a Book and Those Who do not Travel Read Only One Page"
Exhibitions
2019
Boise State University Visual Arts Center, Annual Student Juried Art Exhibition,
"Bishop Family" carved bishop chess piece wax molds and painted wood blocks
2017-2016
Group Exhibitions at Boise State University Hallway Galleries
Myth and Legend Lithography and Linocut Exhibit, Intro to Printmaking
Fake Reality Exhibit, Creative Digital Photography
Typography Exhibit, Graphic Design Studio
Welding Exhibit and Wax Mold Exhibit, Intro to Sculpture
Tampered Landscape Exhibit, Digital Photography
Portrait Exhibit, Creative Film Photography
2014
Group Exhibitions at CWI Student Work Gallery
Garbology Exhibit, Transformation Project, Design 2
Line + Plane Exhibit, Design 2
Relief Sculpture Exhibit, Figure Drawing
Motif and Pattern Exhibit, Design 1
Page 230
Item#14.
Awards
2018
1 st place ribbon Western Idaho State Fair Boise, ID photography
1 st place ribbon Western Idaho State Fair Boise, ID ceramics and Amateur Clay Award
2017
1st place ribbon Western Idaho State Fair Boise, ID photography
2016
1st place ribbon Western Idaho State Fair Boise, ID photography
3rd place ribbon Western Idaho State Fair Boise, ID sculpture
2015
3rd place winner of CapEd Parkcenter Branch, Iconic Photography Contest
2014
$500 Scholarship winner from Idaho Central Credit Union
2nd place winner CWI Foundation, Holiday Card Art Contest, Theme: What does
education give you? Title: "Changing Perspectives"
1st Place winner chosen by CWI Art Department for LibART Contest
2nd place ribbon Western Idaho State Fair Boise, ID sculpture
4th place ribbon Western Idaho State Fair Boise, ID photography
2013
3rd place ribbons Western Idaho State Fair Boise, ID mixed media and photography
2012
Honorable Mention Ribbons Western Idaho State Fair Boise, ID photography
Special Recognition Art Award, Centennial High School
3rd place ribbon Western Idaho State Fair Boise, ID pottery
3rd place Photography Award Awana 24/7 Expedition Weekend Conference
3rd place CWI Foundation, Thanksgiving Card Art Contest, Theme: What does
education give you? Title: "Imagine Life without Education"
2011
3rd place ribbon Western Idaho State Fair Boise, ID painting
2010
2nd place ribbon Western Idaho State Fair Boise, ID photography
Honorable Mention Ribbon Western Idaho State Fair Boise, ID photography
2009
1st place ribbon Western Idaho State Fair Boise, ID photography
Page 231
Item#14.
2008
1st place ribbon Western Idaho State Fair Boise, ID photography
4th place ribbon Western Idaho State Fair Boise, ID 2 photographs
1 st place, Lowell Scott Middle School Festival of Arts Award
2007
2nd place ribbon Western Idaho State Fair Boise, ID drawing
4th place ribbon Western Idaho State Fair Boise, ID mixed media
Community Service
2019
Art Breakout Session, "He is Worthy" Conference at Cole Valley Christian High School
2018
AIGA Boise State Student Group Secretary
2016
Official Photographer Odyssey Learning Adventures Inc.
2014
Secretary of CWI Art Club
Guest juror, Nampa Festival of the Arts Juried Art Show
CWI Art Club, Boise International Market, volunteer ceiling painter with club members
Volunteer Photographer, Vacation Bible School, Ustick Baptist Church
2013
Worship 101 summer workshop, Ustick Baptist Church, Watercolor paintings, musical
mural with photos, and painted large logo on fabric
Page 232
Item#14.
EXHIBIT C
SA WTOO TH LAKE
M
i
ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 8 Page 233
Item#15.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Resolution No. 20-2223: A Resolution of the Mayor and the City Council
of the City of Meridian Reappointing Dave Winder to Seat 4 and Dan Basalone to Seat 9 of
the Meridian Development Corporation; and Providing an Effective Date
Page 234
Item#15.
CITY OF MERIDIAN RESOLUTION NO. 20-2223
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
HOAGLUN, PERREAULT, STRADER
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN,REAPPOINTING DAVE WINDER TO SEAT 4 AND DAN BASALONE TO SEAT
9 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,pursuant to Idaho Code § 50-2704, Meridian City Code § 1-13-4 charges the full
City Council with appointment of members to the Board of the Meridian Development Corporation;
and
WHEREAS, the Mayor and City Council find that it is in the best interest of the people of
Meridian to reappoint Dave Winder to Seat 4 of the Meridian Development Corporation; and
WHEREAS, the Mayor and City Council find that it is in the best interest of the people of
Meridian to reappoint Dan Basalone to Seat 9 of the Meridian Development Corporation.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN CITY,IDAHO:
Section 1. That Dave Winder is hereby reappointed to Seat 4 of the Meridian Development
Corporation for a term to run through August 31, 2023;
Section 2. That Dan Basalone is hereby reappointed to Seat 9 of the Meridian Development
Corporation for a term to run through August 31, 2023;
Section 3. That this Resolution shall be in full force and effect immediately upon its adoption
and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this 18th day of August, 2020.
APPROVED by the Mayor of the City of Meridian, Idaho, this 18th day of August, 2020.
APPROVED: ATTEST:
Mayor Robert E. Simison Chris Johnson, City Clerk
Page 235
RESOLUTION RE-APPOINTING WINDOR TO SEAT 4 AND BASALONE TO SEAT 9 To MERIDIAN DEVELOPMENT CORPORA
Item#16.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: AP Invoices for Payment- 08-19-20 - $2,675,834.95
Page 236
Item#16. City Of Meridian
Invoices Selected for Payment-Invoices for Payment-Eunice
Fund
Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund A-1 STAMP&MABEL'S LABELS Name Plate/Badge M Carson 19.00
01 General Fund A-1 STAMP&MABEL'S LABELS nameplate M.Carson&T.deWeerd for picture 22.50
01 General Fund A-1 STAMP&MABEL'S LABELS Stamp for Records Department 28.00
01 General Fund ACE AUTO BODY Buffed Scratches on Hood of Unit# 153 150.00
01 General Fund ACE AUTO BODY Fix Dent&Paint Repair on Left Fender Unit# 32 577.40
01 General Fund ACE AUTO BODY front bumper repair for fleet truck 30 3,893.78
01 General Fund ACE AUTO BODY Remove Graphics on Vehicle to be Auctioned Unit# 119 225.00
01 General Fund ADA COUNTY HIGHWAY DISTRICT ACHD July 2020 impact fees 877,701.05
01 General Fund ADA COUNTY PARAMEDICS 220/11 Heartsaver CPR AED cards 220.00
01 General Fund AFFORDABLE COMMUNICATION 220/add network cable to St. 1 training room 287.50
01 General Fund ANDREA STOFFLE New Hire Academy Training Role Player 135.00
01 General Fund ANDREA STOFFLE New Hire Training Academy Role Player 120.00
01 General Fund ASPHALT DRIVEWAYS&PATCHING, 20-0260 MPD-South Parking Lot Expansion FINAL 2,368.70
INC
01 General Fund BOE-Boise Office Equipment CN28973-01 220/ Maint. Fee Charged per copy 37.77
6/4-7/3/2020
01 General Fund BRADY INDUSTRIES, LLC. 220/Janitorial,Sta. 1 -Mopheads(2) 13.01
01 General Fund BRADY INDUSTRIES, LLC. 220/Janitorial,Sta.4 Toilet cleaner,dishsoap,glass 112.54
clnr
01 General Fund BROWNELLS Firearms Parts 988.85
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC AC Repair,Orifice Tube&Recharge for Unit# 144 293.34
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Diag&Replace Provided Battery Isolator, Battery Unit# 258.71
37
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Driver Bottom Seat Cover&Oil Change for Unit# 161 306.18
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Front Brakes Parts only for Unit# 104 298.47
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF for Unit# 154 55.01
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF,Cabin Filter, License Plate Bulb for Unit#163 90.94
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Fuel Pump Diagnosis R&R&Programming Unit 556.41
# 144
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change&Wipers for Unit# 23 76.39
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Headlight for Unit#32 76.99
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Replace Bent Wheel&Lf Lower Control Arm Unit#152 597.66
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Vehicle#4 Maintenance/Tire rotation and oil change 59.96
C20824
01 General Fund BSN SPORTS,INC. basketball nets-qty 12 52.88
01 General Fund BSN SPORTS,INC. outdoor volleyball nets for Kleiner Park-qty 2 149.98
01 General Fund CANYON TRUCK UPFITTERS install lights&backup alarm for fleet truck 13 1,695.76
01 General Fund CAROL PLUMMER REFUND: C. PLUMMER HORSE SHOE TOUR. CANCLED 20.00
ORG PYM CR20-739
01 General Fund CHAD SOMBKE, PH.D, P.C. New Hire Pre Employment Eval 400.00
Date:8/11/20 12:48:18 PM Page:]
Page 237
Item#16. City Of Meridian
Invoices Selected for Payment-Invoices for Payment-Eunice
Fund
Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund CITY OF BOISE ALLUMBAUGH HOUSE Allumbaugh House contributions July-Sept. 2020 16,763.34
01 General Fund CITY OF BOISE IT COMMUNICATIONS 220/Portable radio repair,ST. 6 alert system repair 1,062.13
01 General Fund CLOVERDALE PLUMBING COMPANY Renaissance Park men's toilet replacement PD Case 1,318.86
#20-3918
01 General Fund DAVID FRICK per diem D.Frick to Provo Utah 8/23-8/28 LETC Shoot 308.00
training
01 General Fund DIRECT ACTION RESOURCE CENTER Training J.Rogers S.Harper K.Kinnaman 3,750.00
10/21-10/26/2019 AR
01 General Fund DIRECT ACTION RESOURCE CENTER Training Registration J.Durbin TNV Inst 9/3-9/7/2019 1,250.00
Boise
01 General Fund DIRECT ACTION RESOURCE CENTER Training Registration J.Salisbury AOBT 11/4-11/9/2019 2,100.00
01 General Fund DMH ENTERPRISES 20-0035 PLUMBING INSPECTIONS JULY 2020 39,112.24
01 General Fund DONE RITE TREE CO. stump removals at multiple parks-qty 20 2,225.00
01 General Fund DOOLEY ENTERPRISES Firearms Training Ammunition 1,867.26
01 General Fund DOUGLAS EDWARD OGILVIE New Hire Academy Training Role Player 120.00
01 General Fund FERGUSON ENTERPRISES INC. cleaner for drinking fountain-qty 1 15.87
01 General Fund FRANZ WITTE LANDSCAPE Kleiner Park tree planting-qty 15 8,800.00
01 General Fund FRANZ WITTE LANDSCAPE landscape restoration-James Court Sidewalk Widening 2,895.00
01 General Fund FREDERICK L SCOTT New Hire Training Academy Role Player 112.50
01 General Fund GEOTEK, INC. 20-0190 Commercial&Residential Bldg Inspec 17,325.00
contracted Svcs
01 General Fund GRAPECITY,INC. ComponentOne Studio Enterprise Edition Renewal 3,633.75
01 General Fund H.D. FOWLER COMPANY drain box&parts for Settlers Park-qty 5 61.76
01 General Fund HENRY SCHEIN, Inc 220/8 Medical backpacks,wipeable-COVID,&medical 1,675.37
01 General Fund HOME DEPOT CREDIT SERVICES 1/2 in drive 1 in 12-point SAE standard socket&4 items 84.75
01 General Fund HOME DEPOT CREDIT SERVICES 220/Training Equipment for Acquired Structure 30.37
01 General Fund HOME DEPOT CREDIT SERVICES 220/blue tooth device,St. 1,bucket for E32 222.48
01 General Fund HOME DEPOT CREDIT SERVICES 220/Totes to store PPE 49.90
01 General Fund HOME DEPOT CREDIT SERVICES Credit for taxes Charged in Error on Inv#0051191 (0.47)
01 General Fund HOME DEPOT CREDIT SERVICES paint tray set for Kleiner Park-qty 12 131.64
01 General Fund IDAHO POST ACADEMY Training Registration for K. Harris to Attend Inst Dev. 300.00
01 General Fund IDAHO POWER 2200136188, Parks Power July 2020 13,709.01
01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange on 7/27/20 250.00
01 General Fund JACKSON CODE CONSULTANTS,INC 20-0328 FIRE INSPECTIONS FEES JULY 2020 56,297.60
01 General Fund JENNIFER POTCHER New Hire Training Academy Role Player 240.00
01 General Fund JOHNSON CONTROLS FIRE 20-0054 Fire extinguisher test and inspect City Hall 168.00
PROTECTION LP
01 General Fund KATHRYN GRACE MARTIN New Hire Training Academy Role Player 255.00
01 General Fund KATIE MARIE KEEN New Hire Training Academy Role Player 255.00
01 General Fund KELLER ASSOCIATES, INC. 20-0096 Electrical Plans Examining Services 6/2020 24,205.80
Date:8/11/20 12:48:18 PM Page:2
Page 238
Item#16. City Of Meridian
Invoices Selected for Payment-Invoices for Payment-Eunice
Fund
Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund LITTLE PALLETS LLC instructor fee-Art Van Gogh Painting 7/7-7/28/20- 130.00
qty 4
01 General Fund LITTLE PALLETS LLC instructor fee-Teen Art Acrylic on Canvas 7/2-7/23/20 400.00
x10
01 General Fund M.D.WILLIS,INC. Court Reporting for 3uly 3,794.00
01 General Fund MARIE K BONES New Hire Training Academy Role Player 120.00
01 General Fund MATTSON DIST CO.,INC. Hotsy pressure washer trailer for Discovery Park-qty 1 9,997.63
01 General Fund MINUTEMAN,INC. Search Warrant DR#20-4296 45.00
01 General Fund MORGAN CARTER per diem M.Carter to Reno 8/20-8/24 DRE field cert 297.00
01 General Fund MOTION&FLOW CONTROL PRODUCTS 220/SCBA compressor repair part,0-ring 5.00
01 General Fund MOTION&FLOW CONTROL PRODUCTS air fittings for fleet truck 13 repair-qty 2 27.94
01 General Fund MOTION&FLOW CONTROL PRODUCTS chlorine tank parts for Generations Plaza-qty 2 48.49
01 General Fund MUNICIPAL EMERGENCY SVCS 20--0209 220/1 set turnouts 2,284.98
01 General Fund NAPA AUTO PARTS 220/Shop Supplies,Sta. 6-Screw 0.49
01 General Fund NAPA AUTO PARTS spark plugs for Stihl trimmers-qty 2 7.46
01 General Fund NAPA AUTO PARTS Wash Fluid for Supply Cabinet in Sallyport 16.14
01 General Fund NORCO 220/Hydro inspect 18 SCBA Bottles 468.00
01 General Fund NORCO cylinder rental for welding gas-3uly 2020 32.55
01 General Fund NORCO face shields for weed eating&edging-qty 2 58.10
01 General Fund NUTRIEN AG SOLUTIONS,INC. credit on Gemini herbicide&Makaze for all parks-qty (1,761.10)
530
01 General Fund NUTRIEN AG SOLUTIONS,INC. Gemini herbicide&Makaze for all parks-qty 530 1,363.30
01 General Fund NUTRIEN AG SOLUTIONS,INC. liquid fertilizer-Bear Creek,Settlers, Kleiner x 118.8009 3,527.75
01 General Fund NUTRIEN AG SOLUTIONS,INC. Meridian insecticide for Keith Bird Legacy Park-qty 1,020.00
204 oz
01 General Fund ODYSSEY LEARNING ADVENTURES summer camp magic shows: 7/28/20,7/29/20,7/30/20 900.00
01 General Fund OFFICE DEPOT,INC. 2 boxes of copy paper,5 pk standard staples, 12 pk 79.36
highligh
01 General Fund OFFICE DEPOT,INC. 2 dzn sharpies,6 notebooks,and 2 packages of labels 3.20
01 General Fund OFFICE DEPOT,INC. 220/1-aminating pouches 4.08
01 General Fund OFFICE DEPOT,INC. 220/Paper,tape, report covers 84.09
01 General Fund OFFICE DEPOT,INC. black printer toner-qty 1 66.70
01 General Fund OFFICE DEPOT,INC. Bubble Wrap for Evidence 37.62
01 General Fund OFFICE DEPOT,INC. foot rest S Archibald/M Carson 36.42
01 General Fund OXARC,INC. 220/Refill Medical Oxygen(3) 22.78
01 General Fund OXARC,INC. 220/Refill Medical Oxygen Cylinders(5) 31.30
01 General Fund PAIGE MECHANICAL GROUP,INC. HVAC labor and materials provided to check pump at 75.00
City Hall
01 General Fund RACHAEL HALL LLC INDIVIDUAL COUNSELING SESSIONS Jan-Mar 375.00
01 General Fund RANDY S LATTIMER instructor fee-Line Dancing 7/5-7/26/20-qty 14 196.00
Date:8/11/20 12:48:18 PM Page:
Page 239
Item#16. City Of Meridian
Invoices Selected for Payment-Invoices for Payment-Eunice
Fund
Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund RICOH USA,INC Print/Copies Com Dev-Planning 1st Floor S/N 91.17
C86284062
01 General Fund RODDA PAINT COMPANY paint for Kleiner, Fuller,&Main Shop-qty 5 261.35
01 General Fund RODDA PAINT COMPANY picnic table paint for Kleiner Park-qty it 574.97
01 General Fund SHRED-IT USA, LLC. Shredding Documents for PD 165.69
01 General Fund SILVER CREEK SUPPLY controller for Reta Huskey Park 1,184.91
01 General Fund SILVER CREEK SUPPLY credit on two-wire decoder; reference invoice (1,345.59)
52129936.001
01 General Fund SILVER CREEK SUPPLY downtown tree well repair parts-qty 12 219.56
01 General Fund SILVER CREEK SUPPLY two-wire decoder-qty 1 1,345.59
01 General Fund SOUTHERN COMPUTER WAREHOUSE Ubiquiti: Z433-ES-16-15OW Edgeswitch 16port 150w 614.32
01 General Fund SOUTHERN IDAHO ELECTRIC ball field light repairs at Mo Brooks Field&Settlers Park 292.20
01 General Fund SOUTHERN IDAHO ELECTRIC electrical outlet mapping&repair at various parks 1,035.44
01 General Fund SPECIALTY CONSTRUCTION SUPPLY asphalt patch material for Fuller Park pathway-qty 4 78.00
01 General Fund SPECIALTY CONSTRUCTION SUPPLY ball field striping paint-qty 84 396.48
01 General Fund STRICTLY TECHNOLOGY Zebra Power Adapter-United States 119.86
01 General Fund STRIVE WORKPLACE SOLUTIONS Print Head for CAU 84.63
01 General Fund SUNBELT RENTALS telehandler to build bins at Heroes Park 7/20-7/21/20 710.22
01 General Fund SUNROC CORPORATION concrete blocks to build Heroes Park bins-qty 38 2,000.00
01 General Fund THE UPS STORE#2586 Ground Commercial Tracking# 1ZE786060355081313 19.37
01 General Fund THE UPS STORE#2586 Postage to Send Evidence to Lab 52.32
01 General Fund THE UPS STORE#2586 Postage to Send Evidence to Lab track#29921 50.82
01 General Fund TRANSUNION RISK&ALTERNATIVE TLOxp Charges&Credits 364.70
DATA SOLUTIONS
01 General Fund TRANSUNION RISK&ALTERNATIVE TLOxp Charges&Credits for July202O 359.80
DATA SOLUTIONS
01 General Fund TRI-TECH FORENSICS,INC Evidence Supplies 361.72
01 General Fund WILBUR-ELLIS CO. WG Five Iron fertilizer for Reta Huskey&K Bird Legacy 4,000.00
Park
Total 01 General Fund 1,129,315.75
20 Grant Fund SOUTHERN COMPUTER WAREHOUSE Logitech Webcam C270 1,948.00
governmental
Total 20 Grant Fund 1,948.00
governmental
60 Enterprise ANDRITZ SEPARATION,INC Vibration sensor to repair control panel at centrifuge 2 1,677.31
Fund (1
Date:8/11/20 12:48:18 PM Page:9
Page 240
Item#16. City Of Meridian
Invoices Selected for Payment-Invoices for Payment-Eunice
Fund
Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise APSCO,INC. 6inch check ball for repairing screw sucker pump(1 378.96
Fund qty)
60 Enterprise BILLING DOCUMENT SPECIALISTS 20-0004 FY20 Lockbox Payment Processing July 2020 1,572.57
Fund
60 Enterprise BOISE RIGGING SUPPLY Shackle&master link for pulling IPS pump(11 qty) 218.14
Fund
60 Enterprise BRIGHTON DEVELOPMENT INC REFUND: SURETY-2018-0103 HILLS CENTURY FARM 6,897.20
Fund SUB NO. 1
60 Enterprise CITY OF BOISE 20-0183 IPDES sample testing(73 tests) 2,842.50
Fund
60 Enterprise CITY OF BOISE Pretreatment sample testing(89 tests) 1,252.50
Fund
60 Enterprise COLE INDUSTRIAL, INC. Spare boiler blending pump(1 qty) 1,897.49
Fund
60 Enterprise COLUMBINE CONTROL CO. Toxic gas sensor&combustible gas detector(7 qty) 4,410.16
Fund
60 Enterprise GEM STATE OIL RECOVERY Pick up charge for used oil(135 gal) 50.00
Fund
60 Enterprise HACH COMPANY FIA o-rings(5 pkg) 92.67
Fund
60 Enterprise HACH COMPANY FIA tubing(7 qty) 218.45
Fund
60 Enterprise HACH COMPANY Flow sensor/turbidimeter(1 qty) 2,754.05
Fund
60 Enterprise HOLBROOK&ASSOCIATED INC Parts to rebuild/repair gas booter control panel(10 qty) 292.24
Fund
60 Enterprise HOME DEPOT CREDIT SERVICES Dawn soap&tarps(5 qty) 67.35
Fund
60 Enterprise IDAHO POWER 2204228288,Water Power July 2020 42,338.47
Fund
60 Enterprise JOHNSON CONTROLS FIRE 20-0054 Fire Alarm Monitoring Blackrock Booster St.to 45.83
Fund PROTECTION LP 7/31
60 Enterprise JOHNSON CONTROLS FIRE 20-0054 Fire Alarm Monitoring Well 22 through 7/31 45.83
Fund PROTECTION LP
60 Enterprise JOHNSON CONTROLS FIRE WRRF alarm monitoring for July 2020 45.83
Fund PROTECTION LP
60 Enterprise KELLER ASSOCIATES,INC. 20-0098&20-0292 QLPE Rev Svcs 6/1 -6/30 1 pg 290.00
Fund Comm Tire
60 Enterprise KELLER ASSOCIATES, INC. 20-0098 QLPE Reviews Svcs 6/24-6/30 6 pgs Gander 1,740.00
Fund Creek Sub
Date:8/11/20 12:48:18 PM Page:E
Page 241
Item#16. City Of Meridian
Invoices Selected for Payment-Invoices for Payment-Eunice
Fund
Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise KELLER ASSOCIATES,INC. 20-0292 QLPE Rev Svcs 6/1 -6/30 1 pg Al Meridian 290.00
Fund Business
60 Enterprise KELLER ASSOCIATES,INC. 20-0292 QLPE Rev Svcs 6/1 -6/30 2 pgs Victory 580.00
Fund Commons
60 Enterprise KELLER ASSOCIATES, INC. 20-0292 QLPE Rev Svcs 6/1 -6/30 4 pgs Movado 1,160.00
Fund Subdivision
60 Enterprise KELLER ASSOCIATES,INC. 20-0292 QLPE Rev Svcs 6/1-6/30 3 pgs Burlingame 870.00
Fund Sub#2
60 Enterprise KELLER ASSOCIATES, INC. QLPE Warrick Sub# 2 2 pages 6/1 -6/30/20 580.00
Fund
60 Enterprise LHTAC 7 ISPWC MANUAL&USB FOR PUBLIC WORKS 1,750.00
Fund EMPLOYEES
60 Enterprise McCALL INDUSTRIAL Coupling&nipple(10 qty) 56.42
Fund
60 Enterprise McCALL INDUSTRIAL Threaded cross&elbow(2 city) 29.22
Fund
60 Enterprise McCALL INDUSTRIAL Threaded cross,elbow,&union(9 city) 77.94
Fund
60 Enterprise MOTION&FLOW CONTROL PRODUCTS 6 inch dust caps(6 city) 529.38
Fund
60 Enterprise MOTION&FLOW CONTROL PRODUCTS Poly braid tubing(100ft) 170.25
Fund
60 Enterprise MOTION&FLOW CONTROL PRODUCTS Returned 6 inch dust caps(6 city) (529.38)
Fund
60 Enterprise MOUNTAIN WATERWORKS,INC 20-0108 Sidestream Phos Recovery Services to 7/17/20 5,300.72
Fund
60 Enterprise MOUNTAIN WATERWORKS,INC WRRF Air Permit assistance(15.5 hrs) 1,742.50
Fund
60 Enterprise MSC INDUSTRIAL SUPPLY CO. 8ml black nitrile gloves(23 city)&med-strength loctite 409.13
Fund (1
60 Enterprise MSC INDUSTRIAL SUPPLY CO. Diaphram pump to transfer polymer in dewatering bldg 783.29
Fund
60 Enterprise MSC INDUSTRIAL SUPPLY CO. Mounts for transducer in RAS/WAS(8 city) 577.04
Fund
60 Enterprise MSC INDUSTRIAL SUPPLY CO. Parts for mounts for modifying flare(10 city) 188.56
Fund
60 Enterprise MSC INDUSTRIAL SUPPLY CO. Safety decals for diesel tanks(4 city) 38.02
Fund
60 Enterprise NAPA AUTO PARTS Lubriplate motor assy grease(3 city) 33.30
Fund
Date:8/11/20 12:48:18 PM Page:E
Page 242
Item#16. City Of Meridian
Invoices Selected for Payment-Invoices for Payment-Eunice
Fund
Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise NORCO Cylinder rental for July 2020 63.86
Fund
60 Enterprise NORCO First aid kits(7 city) 129.93
Fund
60 Enterprise NORCO Oxygen&acetylene for shop 135.01
Fund
60 Enterprise NORCO Oxygen&acetylene for welders 50.69
Fund
60 Enterprise NORCO Q-fold wipes(9 cs) 797.54
Fund
60 Enterprise OFFICE DEPOT,INC. 2 dzn sharpies,6 notebooks,and 2 packages of labels 47.20
Fund
60 Enterprise OFFICE DEPOT,INC. Expandable file folders(2 bxs) 55.18
Fund
60 Enterprise OFFICE DEPOT,INC. Mini memo books(10 city) 10.30
Fund
60 Enterprise OFFICE DEPOT,INC. Poster adhesive strips,l staples, paint markers,(9 qty) 42.46
Fund
60 Enterprise OXARC,INC. PO#20-0342,Sodium Hypochlorite,Well 3,425.00
Fund 19,27,20,22,Qty 2000gl
60 Enterprise REPUBLIC SERVICES,INC. Republic trash services for JULY 2020 1,402,104.02
Fund
60 Enterprise ROBERTO&BLANCA FERNANDEZ REFUND 53547 S PALATION AVE WTR SWR TRASH 53.63
Fund CHK#415310 reissue
60 Enterprise SOUTHRIDGE FARMS LLC REFUND SURETY 2018-0085 S.RIDGE APRT. S. 10,085.70
Fund GROUND FORKS WAY R
60 Enterprise SPECIALTY CONSTRUCTION SUPPLY Hard hats(6 qty) 144.00
Fund
60 Enterprise SPECIALTY CONSTRUCTION SUPPLY Marking paint(5 qty) 20.85
Fund
60 Enterprise SPF WATER ENGINEERING, LLC 20-0091 Well 9 Replacement Design Svcs to 6/30/20 1,343.04
Fund
60 Enterprise STOR-IT SELF STORAGE LLC REFUND: SURETY-2018-0072 TEN MILE STOR-IT 17,098.86
Fund DEPOSIT RELEASE OR
60 Enterprise TACOMA SCREW PRODUCTS Parts for install of IPS pump#2(80 qty) 109.04
Fund
60 Enterprise TITANIUM EXCAVATION, LLC 20-0284 Water Main Extension Warrick Sub Amity Rd 24,473.58
Fund FINAL
60 Enterprise UNITED SITE SERVICES INC No PO WRRF Cap. Expansion PortaPotty Svc to 7/19/20 156.25
Fund
Date:8/11/20 12:48:18 PM Page:i
Page 243
Item#16. City Of Meridian
Invoices Selected for Payment-Invoices for Payment-Eunice
Fund
Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise WESTECH Parts to rebuild daft 2 gearbox(9 city) 461.12
Fund
Total60 Enterprise 1,544,571.20
Fund
Report Total 2,675,834.95
Date:8/11/20 12:48:18 PM Page:E
Page 244
Item#17.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Community Development: Annual Department Report
Page 245
Community Development
Department
Annual Update
CITY COUNCIL
AUGUST 18, 2019
C� ��E IDR IAN§-
�J
Item#17.
Discussion
CD Leadership and Divisions
Staffing Update
Economic Development
► Planning
► Development Services
► Discussion
E IEII
IDAHO
Item#17.
Org Chart - As of i i •
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Item#17.
Staffing Update
AM
Stephanie Archibald Bret Caulder Sam Zahorka Amanda McNutt Mercedes Amador Sarah Kaiser
Administrative Services Plan Review Building Official Land Development Development
Supervisor Supervisor Development Permit Technician Permit Technician
Supervisor
drb
Codee Krausch Kelly Ready Riley Orozco Kegan Garcia Daniel Cox Joe Dodson
Civil Plans Reviewer I Land Dev Support Bldg. Plans Bldg. Plans Electrical Current pa e 249
Specialist Examiner I Examiner 11 Inspector I Pla g
Item#17.
staffing Updateconfinued
t = _--
t
Alan Cameron Scott Miranda Carson
Tiefenbach Current Assistant Associate Long-
Associate Planner range Coordination
Planner Planner
Page 250
Item#17.
Th D v lopm nt Procg6-..1.cc :,
A T earn Approach
- • Collaboration
Business Recruitment Economic Development
Site Selection & Design Economic Development,
Planning
Early Assistance (including Pre- Planning, Development Services,
Application meeting) Economic Development,
Entitlement Process Planning, Development Services
Building Plan Review & Permits Planning, Development Services,
Building Occupancy & Development Services, Planning,
Inspections
Business Retention Economic Development
son
Econom *ic Development ,.-
d
r
e*
5
C�WE
r
IIIAN
IDAHO
Item#1
Recent Accolades
# 1 Job Growth (tie) WalletHub
# 4 Fastest Growing Mid -Sized City
# 7 Fastest Growing City - Nationwide
# 9 Best Places to Live Money
Page 253
Item#17.
Meridian Job Creation
M;
3,243 New Jobs in 2019 (+ 7.7%)
166 New Businesses
5.6% Unemployment
Top Job Growth Industries
Construction
Health Care and Social Assistance
Accommodation and Food Services
Professional and Technical Services
Administrative and Support
* Sources: Idaho Department of Labor, Page 254
Item#17.
Meridian Market Place
Moog
i
► Median Household Income: $77..359 (+8.2c7o)
Median Sales Price: $378,000 (+ 10.06'7o)
► Median Rent: $1 ,700
Vacancy Rates
Retail 4.86% (4.88%)
Industrial 0.90% (3.09%)
Office 4.69% (6. 11 %)
Page 255
Item#17.
New Businesses
Ashley rUnit.d TRADER E"S
SITE SERVICES
altzer S E P H R A � chr�L. Ebers
H EALTH DAYS` Avtrnnntivr
WIRrir55 SY37EMS
AS S I S T F r. I ,V-,J C.
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FUNCTlOHAL MEDICINES # INspi fD LIV[NfjTr ma Page 256
Item#17.
Urban Renewal Districts
E Pink AIVE
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it r
Downtown Districts ..
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Item#17.
in
FF�� fi
Keller Associates
• • Civic Block
1 � C
fOld Town Lofts „
unBound Unio
Ten Mile Urban Renewal District
Item#17.
3j
F .#_
AmeriBen
WOW-
Brighton Corporation
BVA
HorrockEngineers
PIVOT
Paylocity
rF .t Saltzer
Health
Expanding Corporate Footprints
EAGLE
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Item#17.
Opportunity Z •
Industrial Corridor
Downtown
Medical/Education Corridor
UNION3
.
DAYS
F Wf$ULC55 SYSTEMS
yo WATE&WAW
OLD TOWN f r Page 261
1�81Jtl�8C�U�'�Jl0,10G, s�av Liv€
LOFTS
Item#17.
CDBG Pro
illm MEMEL_ I m4w
Current Program Year Projects Five-year (2017-2021)
Boys & Girls Club Scholarship Program Consolidated Plan Goals
Jesse Tree Homelessness Prevention Improve accessibility
Homeownership Assistance
MDC Downtown Carlton Sidewalk Construction Enhance
homeownership
Meridian Library ADA Improvements opportunities
Public Works Streetlight Improvements Provide social services to low- and
Crestwood/Fenway Subdivisions moderate-income residents
Neighborhoods near Chief Joseph Elementary
Upcoming Program Year Allocation $489,753
CARES Act Additional Allocations $288,106
Page 262
Item#1
COVID Response
1� May Marketing Madness Small
Business Workshops
,4.a xea<r�
Keep Meridian Healthy & Open MERIDIAN
for Business IaAHO
Permit Fee Waivers
► Small Business Grant Program
Page 263
Item#17.
New & Expanding Businesses
3
I E I ICA2S!, -;..
F U N DIN Amer In
�R'
1.10 ClarivaW
KELLER
r y
l.ln� c 9 p sp t
SITE SERVICES �
PILLPack fA;!_
FOODSW!nCo Idaho
Central
rkEwt uNium Manufacturing,Inc.
Page 264
Item#17.
Key Performance Indicators
pl� Unemployment Jobs
Vacancy Rates Average Salary
Po, Commercial Investment Valuations
Contributed Capital
$10,172,426 in 2019
Area 2020 2019 Change
Downtown URD $268,108,300 $213,127,200 + 25.80%
Ten Mile URD $133,635,400 $70,084,300 + 90.68%
City Wide Commercial $3,623,243,000 $3,134,122,200 + 15.61 % Page265
Item#17.
CURRENT, LONG RANGE & CDBG
=191
Item#17.
rianning Division Staff
Caleb Hood - Division Manager
Brian McClure - Associate Planner (Long-Range) Ij PinnningDWIF-Ion
Mon-Pifer9
Miranda Carson - Coordination Planner (Long-Range) 11, C''* d
1
Bill Parsons - Planning Supervisor (Current) -C rrrenr,PPennlrlg SjPmprdPhrnskw!
Superw"r Asssocwt•Planrwv
Sonya Watters - Associate Planner (Current) Bilk prFsuns @elan McClure`
Camprohmnslva
Joe Dodson- Associate Planner (Current) Pl-rin-r c Msk4o^Pr•ro^
Sonya Allen MUNI%"#rwrc
Alan Tiefenbach - Associate Planner (Current) assoclare City
Planner
Stacy Hersh - Assistant Planner (Current) jc�,.
Assadste Oty
"��'Cam Scott - Assistant Planner (Current)
Alan Tlefenbach
CIIFFPfIT A53hCd fY#
��.lAn er
�zaCy kiersh
�4r�fR1�/ki3i5t3i}�
PWnrwr Page 267
CamPlon 5rotx
Item#17.
owth
• Growth Areas
Demographics and Hous
► Meridian population growth accounts
a ;aA for 40% of all increases in Ada County
I.Y."k° , �� since 20101
► The 50 to 64 age group has seen the
greatest increase by % of population,
with 65+ also increasing rapidly
tffl�I-rI
Population
h5ER161 A3 Estimate
2010 75,092
2011 77,867
2012 809409
Legend ,( 2013 83,596
2014 85,240
Rk or Cmint'U"e 2015 91,310
-- FuFue Roams ;
TOW rermRvalue 2016 910420
Haig F-J��h ■ 2017 989300
I-
KUNA
2018 106,410
4N
or
2019 114,680 page 268
2020 119,350
Item#17.
Planning Applications Aug I
2019July2020
Hearing Level
Annexations: 38
Preliminary Plats 40
Final Plats 50
Rezones 13 r...
C U Ps 25 r# T
Subtotal: 166
Administrative Level
CZCs 168
DES 134 `
P BA 24
Subtotal: 326
Total Planning Applications: 492 Page269
Item#17.
ey erformance ndicators
PLANNING
Hearing Level Application Review
4 applications per month per planner
Application submittal/intake through Findings
Process should take160 days or less 90% of the time
Administrative Level Application Review
4-8 applications per month per planner
10-20 business days to process 90% of the time
Development in Designated Growth Areas
Staff will encourage infill and promote development in areas with existing
services/city limits
Staff Training and Longevity
Tenure can help us understand how we are doing with staff retention
Provide opportunities for professional growth and advancement
Page 270
Item#17.
Th City of • •
Com rehensive Plan
Ir
clq M■fnl�. �
aEm STING CONDITIONS DEPORT 2
MO4[IOONM TO TMF I:M QF MwmiaanM C7mbwmstwr PIiM .
f I
re
40
��ETD
LJ
Page 271 �
Item#17.
Comprehensive Plan Highlights ,r,)A i i r,
+F Jr
The Ada County Highway District ° rrrrw '
(ACHD), designs, constructs and
maintains roads throughout Ada3 � •�td.�daho.gov
County AC141E) -
► State highways are under the www.achd.ada.id.us
jurisdiction of the Idaho " To
Transportation Department (ITD)
YA[[fT REGIONAL TRANSIT 74
Valley Regional Transit (VRT) plans www.valleyregionaltransit.
and coordinates transit services
�(rt
rG�
COMPASS charged with
developing and maintaining a .0 .0 M P
uumMuNlIV PLANNI#B ASS00A110M
regional long-range transportation 01 SINUMree114010
plan www.compassidaho.
r q Page 272
Item#17.
Major Roadway Construction
0
Projects
Chinden West ( US 20/26) - Eagle Rd to 1-84
https:/Zitdprojects.org/projects/�-,,iindenwest/
-2020: SH-16 to Linder (STAR; Costco)
-2020: Locust Grove to Eagle (ITD/ACHD)
-2021 : Linder to Meridian (STAR; WinCo/Linder Village)
•2021 : Meridian to Locust Grove (STAR; WinCo/Linder Village)
•2024: Star to SH-16
ACHD Projects
-Ten Mile, McMillan to Chinden (2020)
-Ten Mile, Ustick to McMillan (2019/2020)
•Meridian, Cherry to Linder (2020)
Linder, Franklin to Pine (2020)
Eagle, Amity to Victory (late 2020)
Locust Grove, Victory to Overland (2021 )
Page 273
Item#17.
Major Milestones
Planning Division is fully staffed!
Online development application submittal implemented
Project Dox and Laserfiche integration coming later in 2020/21
New Comprehensive Plan adopted (Dec 2019)
Open Space and Amenities code changes in process
Fields Area Specific Area Plan in process
Prioritization of Comp Plan policies (8/18/20 hearing)
Interactive website and maps for current applications
Initial development of Service Impact Tool and Priority Service Areas
To be further refined and improved
Round 1 of UDC Process Improvements (8/18/20 hearing)
Round 2 underway with the UDC Focus Group
Developed KPIs and working towards premiere
Thriving as a division
Page 274
Item#17.
THE MERIDIAN BUILDING & DEVELOPMENT MARKET'S
=191
Item#17.
Development Services
Organization Ch
Deae Io prne nt
Sera ices Ma roger
Bruce Freckleton
Ana nda
Building Official � � McN,�t��
Sam2ahorka Qev.Supervsor
Building =cL;trNedranicaI
0 Inspection Inspection Civil Plans
Supero'sor 11[W
Examiner II
SupervisorKea inPitt VACANT
Joe Nelson
Electrical Inspector
Building Inspectorll II r4-
Civil Plans
JohnShane MechanicalQa id Ward Building Plans Examiner II
Inspectorxaminer II
Lowell Heesh Steven QBrien
Kogan Aman
Buildinglnspectorl Electricallnspectorl
Jeffrey Dart Kely Webb Mechanical fvledra fo Civil Plans
J�
Inspector
I ® Building Plans &aminerl
Arch i e Co rral es &aminerl CodeeKrausch
Rachael Beierle
Building Ins pectorl Electricallnspectorl
VACANT {
Ryan Nichols Mechanical Land Develop
_J - Building Plans
Inspector Support Spec
SamYates Examinerl Kelly Ready
Daniel
Building Inspector) RileVOroxco
Adam Gustafson Electrical Inspector)
aiel Cox I Mechanical I .. Addressing
Mechanical Plans
Inspector Examiner Technician
Josh Smith Joe Barlow Terri R icks
Building Inspector) .
Sam Baker
Elect ricaIPlars Addressing
Examiner Technician p8g@ 276
Building Ins pector I VACANT Ryan Beecroft
VACANT -
Item#17.
Staffing Updates
Denny Cline, who worked at the city for over 10 years, retired in
June.
An internal candidate, Amanda McNutt, promoted to fill the newly
created " Land Development Supervisor" position.
► An internal candidate, Codee Krausch, promoted to backfilled
Amanda 's position as a Civil Engineering Plans Examiner.
We hired Kelly Ready to fill Codee's position as the Land
Development Support Specialist.
We changed the name of a plan review position from
"Development Analyst" to "Civil Engineering Plans Examiner" to
better represent what the position entails and align with other
position names throughout the City.
We have one vacancy that we are actively trying to fill for a Civil
Engineering Plans Examiner II. Page277
Item#17.
Building •
Building the Plane while Flying
6
#
r2OF 4�KKAY
�� r
"When you come to a fork in J,
h
the road, take it
�
- Yogi Berra
Page 278
Item#17.
Development Activity Report
CY ' 20 to date
( Building Permits)
Highlighted Projects
'CMMEN&m AA
Description
South Meridian YMCA Exercise Space &Aquatic Center
Idaho Central Credit Union Corporate Office Building at Eagle View Plaza
Ameriben — Phase II 121 ,306 sf Office Bldg. at TM Crossing
Main 2 Meridian Mixed Use Buildings "A" and "B" in Downtown
La Salle Office Bldg. 127,560 sf Office Building atTM Crossing
Victory Commons Urgent Care 5,375 sf Medical Facility at Victory Commons
MKA (Keller) Office Bldg. 19, 142 sf Corporate Headquarters in Downtown
Functional Medicine of Idaho 8,245 sf Medical Facility at TM Crossing
Costco Wholesale 157,474 sf Store and Fuel Facility
FedEx Express Van Station 120,506 sf Shipping Center
Page 279
Blackstone Office Bldg. 100,079 sf Office Building at Silverstone
Item#17.
Residential Permitting Activity
August thru July
Previous Year This Year
• New Single Family Homes 2, 125 1 ,880
New Single Family Value $504,329, 122 $448,202,927
Multi-Family Units 1 , 156 1 ,021
Multi-Family Value $122, 1 14,705 $1 17,304177
{f
Wyrd
Page 280
Item#17.
Commercial Permitting Activity
August thru July
Previous Year This Year
New Commercial Buildings 108 51
New Commercial Value $185,200,399 $129,021 ,352
New Commercial Square Footage 1 ,236,323 s.f. 1 ,324,416 s.f.
Commercial TI 's 238 213
Commercial TI Value $86,412,510 $87,41 1 ,407
Commercial TI Square Footage 1 ,870,954 s.f. 1 ,798,766 s.f.
F Page 281
'ear
Item#17.
City-wide Assessed Values
Last Year' s Total Value 13,979,595,300
Current Year' s Total Value $ 15,269,023,200
Change in Total Value +$1 ..289..427..900
Page 282
Item#17.
Major Milestones %
► Hiring Update
► 25 Positions in Building Services, 22 Filled
Two new hires
Plans Examiner Supervisor and Electrical Inspector I
► Four in-house Promotions
► Building Official, Electrical Inspector II, and Commercial Plans Examiner
One transfer within the department
Residential Plans Examiner
► Training/Certifications - 17 New ICC Certifications Acquired
► Purchase and Outfitted 2 additional Budgeted Vehicles
Page 283
Item#17.
Key Performance Indicators
BUILDING SERVICES
Building Plan Review Process Commercial & Residential Plan
► Commercial - Capacity in-house 500 Review's
for projects will increase with new 450
in-house promotion. Volume of 400
minor in-house projects will 350
300
increase in upcoming year. Major 250
projects are 100% outsourced 200
150
Residential - Capacity for 176/mo. 100
In-house. 50
0
In-house Services also include (C.O. AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL
Fast Track, Fence, Shed, Patio ■Inhouse ■Outsourced
Covers, Res. Additions/Remodels
and minor Tenant Improvements)
Page 284
Item#17.
- �
Key Performance Indicators
L
mom
Electrical, Mechanical, Plumbing,
and Fire Plan Review Process
Electrical, Plumbing and Fire - 0
capacity in-house, 100% outsourced _ {
Mechanical - (132) monthly . ;
residential J,D,S reviews and Tenant
Improvements (TI)
Y
•
r 4 r
Completed within CORE targets 95% •* f
of the time -
Page 285
Item#17.
Key Performance Indicators
Building Inspection Process
Meridian capacity vs. Geotek Commercial & Residential
► Total daily inspection average - (51 ) Structural Inspection's
1800
► Meridian inspectors (13) inspections 1600 _
per day; per inspector 1400
1200
► Geotek - (10) minimum to (30) 1000
800
maximum per day for multiple Geotek 600
inspectors, as needed due to volume. 400
200
AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL
■Inhouse ■Outsourced
Page 286
Item#17.
Key Performance Indicators
Electrical, Mechanical, Plumbing and
Fire - Average Daily Inspections
(approx.)
Electrical (50-60) 100% "in-house"
Mechanical (46) 100% "in-house'
Plumbing (37) 100% outsourced F
Fire(10) 100% outsourced f '
f
Completed within CORE targets 100% �� � Sig
of the time
Page 287
Item#17.
Land Development Section
_-7-
vff
c
• •�
* # Page 288
� rrr�' ' f/� a / �' J# . - { �' *• fir•
Item#17.
Land Development Activity
August thru July
:i; . . -1 -
y 7 ■ s I. I P
d. -.' ...•►
��
o. �• M. � I r
F.-F. r-,jM -
� �' � T � '�*} � .T'• I. ..ma�yy ft�f�+�r.�M�4PfR Imp
!3 Itti
a r .k
Previous Year This Year
Subdivision Plan Reviews (Civil) 92 94
7 Commercial Plan Reviews (Civil) 450 214
Address Verifications 434 605
Assessment Plan Reviews 595 560
yLP
m'iaa�. .Kiys`a n anY .w�.�r uc ti,KAOW w.
+}
e, nw
it to.
an
M. t.r WTO-N S-r. ° r'�.a` r:s rd"'"r��&9 . o- Im` ,•
+d ]Q 3! iu 35 81 8+ s5 +0 3� eo 55 3tr 15 �n ?i.i6 37 f4 }l.eq SE.81 #p eerlwr r w arrt nisr ry w.ow wKr•�r�+N*+aMxw
� g�r�fiFaST+t+'7W���1YwY•P�..= Page289
Item#17.
Improvements
► We created a record to track final plat mylar
signatures. These projects used to be tracked manually
which made it difficult to report the number of projects
being completed, how long they took to review, etc.
Creating this record also allowed concurrent reviews
by Planning and Land Development, which reduced
timelines for review.
► We created a record that incorporates Public Works
Engineering Reviews, Fire Review, and GIS Review prior
to Land Development Review. This allows for better
continuity between departments, and ensures all
requirements are known prior to the Land Development
Review. This also allows all communication in a project
to be documented and trackable.
Page 290
Item#17r\ey Performance Indicators '
LAND DEVELOPMENT SERVICES
Final Plat Signature Review Process Timelines
Data is now available through Accela
Currently tracking timelines to establish a benchmark
Plan Reviews for Commercial and Residential Project Timelines
Plan reviews will be transitioning to Project Dox which offers more robust reporting for timelines.
Continuing to run monthly reports out of Accela, but the information isn't as accurate as we would like.
Sanitary Sewer and Water Assessments Calculation Timelines
Currently being reported via Project Dox, continuing to gather data to establish a benchmark
QLPE Turnaround Timelines
5-Business days or less by PSA
In IT queue for development:
Addressing of new Subdivision Plats Timeline
Street Name Review Timelines
Surety Process Timelines
Page 291
Item#17.
Going Forward
L
Economic Development Analysis
Preserve and potentially expand com/ind land use
Regional Planning Efforts - Area Specific Plans, Ed/Trans initiatives
Fiscal Impact Tool
► Department - Increased Efficiency
Growth
Near Fully Staffed - Calibration Phase
Technology - Accela/ProjectDox/LaserFische Integrations
► Career Development Opportunities
► Proud of the Community Development TeamH
Page 292
Item#17.
COMMUNITY DEVELOPMENT DEPARTMENT
ANNUAL UPDATE
Page 293
Item#18.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Parks and Recreation Department: Management and Operation of
Lakeview Golf Course Discussion
Page 294
Item#18.
Mayor Robert E. Simison
E IDIAN --- City Council Members:
Treg Bernt Brad Hoaglun
Joe Borton Jessica Perreault
Luke Cavener Liz Strader
August 10, 2020
MEMO
TO: Mayor&City Council
FROM: Mike Barton, MPR Parks Superintendent
RE: Management and Operation of Lakeview Golf Course discussion
Contingent on Council approval of the License and Management Agreement for the Operation of
Lakeview Golf Course,the City will begin the operations of Lakeview Golf Course on October 9, 2020. It
is our goal to create a smooth transition with no interruption of service.To achieve this goal, our
preference would be to contract with a golf course management company named KemperSports for 6
months with 1 month renewals. KemperSports has the expertise and knowledge needed for a smooth
transition. KemperSports will retain the existing staff and provide full management, including financial
services for a fee of$9,000 per month. It is our goal to fully offset this cost with revenue.
The management agreement between the City and Western ADA Recreation contains a provision to
fund a master plan, irrigation audit, and water rights clean up.The master plan work will have extensive
public outreach that should be completed within the 6 months. During this process, we will have future
conversations with Council that guide the finished plan to identify the best long term management
solution.
Page 295
AN
. - •fir _ �r '�' r- 7 F T ._ '� �
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e _
� i r r� � � v-. '+� ;•- � �� 1� - Y' � �rills - i -� �_�F
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rMI
Item#18. - " 0�
Lok ev i e w Golf CIvlb FAQs
➢ Competitive Rates
➢•- ---' . '- . - • • ' -� - = - .. .. - Approximately 32,000 Rounds Played Annually
__ , 5_ ➢ An 18 Hole, Par 72 Golf Course
➢ Junior Programs
s -
➢ Men's and Women's Associations
➢ Full Tournament Programs
' ➢ Golf Lessons and Packages
y ➢ Driving Range and Practice Facility
5
➢ Full Food and Beverage Offerings
➢ Weddings, Special Events Page297
Cze-,#'8,�erns for a Smooth Transition
� o
OPERATIONS MAINTENANCE FOOD & BEVERAGE
Services including Course conditions and A la carte, outing, event and
reservations,technology, environmental conservation on-course services
merchandise and logistics. and sensitivity
r
MO
rel,
SALES & MARKETING HUMAN RESOURCES ACCOUNTING & FINANCE
Market analysis,social media, Transition, onboarding, Bookkeeping, reports,
targeted campaigns and benefits and payroll compliance and audits
nromot.ions
Page 298
/t,M,,,7, tion Items
Operations -
Operations
Food and Beverage -
Review Staffing Plan Operations Assessment Meet with staff members and get a list of all functions
CompleDevelop List of Needs/Tools to Enable Operating Efficiency Meet with department heads One On One
SOP Manual and Implementation Implement checkbook Et procedures
Review previous work schedules Establish weekly department head meetings
Determine immediate needs of operations Alcohol training guidelines and SOP's with staff
Point of Sales system analysis and programming Setup E-Mail Addresses for Key Personnel
Full merchandise inventory Evaluate grill room menu and operations
Golf car inventory Review Menus for catering and special events
Preventative maintenance schedule for golf cars Review auto-attendant prompts on phone system
Develop Transition Team Assignments Install employment posters in all departments
Orientation Team Determine uniform needs for all departments
Transition Team meeting to review next 30 day priorities Review Job Descriptions for all positions
Staff Orientation and New Hire Paperwork completion Setup procedures for GM Report and Client Letters
Determine staff hire date Review calendar of events
Count opening Inventory for FEtB and Merchandise IT Needs
Transfer or establish business license and permits Evaluate previous staffing plans and implement new plans as needed
Operations Opportunity Short Term Plan Determine hours of operation in All FEtB Areas
Operating Expenses Evaluate safety program
Property Organization Chart Review Operating Procedures and previous health inspections
Accounting Assessment Review menus and pricing and develop recommendations
Competitive Market Analysis Determine immediate needs
Establish Guidelines to eliminate OT Et optimize Payroll Count opening Inventory of Kitchen Equipment and Smallwares
Develop Master calendar - ALL activities Evaluate kitchen equipment and functionality
Establish Communications Guidelines for Golf Et FEtB events Review POS System for efficiency Et make recommendation
Develop Operating Budget and Marketing Plan Catering Sales - BEO, Contracting, Selling, etc. - Review entire process
Develop Capital Budget
Golf Course Maintenance -
Count opening Inventory of Equipment and Supplies (Chem, Fert, etc.)
Review Equipment Maintenance Records
Review golf course issues or areas of concern
Evaluation of pumps and irrigation system / schedule maintenance of preventative service
Review cultural practices and mechanical processes and schedule
Develop standard operating procedures for course and grounds department
Soil tests and water tests
Develop new agronomic plan if required after assessment Page 299
Item#18. fferred Short Term Transition Plan
❑ Execute a 6 month agreement with Kemper Sports for Full Management
KEmIDEPSIDOPT.SLEVEPAGES ITS SCALEAND DEPARTMENTAL EXPERTI ETO PROVIDE EACH PARTNER
WITH GUIDANCE AND SUPPORT IN ALL AREAS OF THE OPERATION. SUBJECT MATTER EXPERTS
GURATED DECADES WOPTH OF E CPERIE CE INTO A COMPREHENSIVE POLICIES AND PROCEDURES
GUIDE WHICH INFOPIVIS AND PPEPAPES DEPAPTMENT HEADS. THESE EXPEPTS APE AVAILABLE TO
CONSULTWITH THE ON SITE TEAM TO DELIVER THE BEST POSSIBLE RE ULT .
{
KemperSports
Page 300
Item#18. ■_ _ #
Lakeview Golf Club
Next Steps '� NATIONAL GOLF FOUNDATION
❑ Implement Transition Plan
❑ Budget Amendment (offset with revenue) be m
perSpoAr.t s
❑ Execute Management Agreement
❑ Contract with National Golf Foundation to 4,0 create a Master Plan ,� - Western Ada Recreation District
❑ Contract with Baer Design Group to
Evaluate Irrigation System
❑ Evaluate and Cleanup Water Rights i
https://youtu.be/nFZchf3WmUc
S F WATER
ENGIKEERIN -G
Page 301
I
&Luestions ?
1 _
'MIN
1T
f
Thank you !
Page 302
0
Item#19.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Code Enforcement: Appeal of Order to Abate Weeds at Lot 01, Block 01,
Kentucky Villas Subdivision, Parcel R4882890010, by Bruce B. Hessing
Page 303
Item#19.
Kentucky Villas Home Owners Association
kentuckyvillashoa@gmail.com Meridian,Idaho
6700 N.Linder Rd.ste.156.225 83646
July 25,2020 R]RCEIvIED
JUL 27
Re: ORDER TO ABATE WEEDS CITY
CITY CLERKS OF E
Parcel#. R4882890010
Dear City Clerk;
The HOA receives an order to cut"weeds" on the above parcel at least once a year. The HOA responded last
year concerning the order. Nothing has changed since the last letter.
I have enclosed a copy of the letter from last year. I understand the removal of"weeds"but should be noted that
tall grass and natural vegetation is to remain.
I wish to appeal again to the City to require only the"weeds"to be removed.
The property is required to remain an undisturbed open drain land and a wild life sanctuary.
Because the parcel is used as a wet land year round it is impossible to operate mowing equipment on it.
We are a seven home HOA. It is too costly to hand mow the site several times a year.
We prefer to kill all vegetation on the parcel annually,the City and ACHD will not allow us to do so.
We offer to deed this property to the City for one dollar.
Please provide this letter of appeal to the Council and respond back to the HOA above with their decision.
I appealed last year and never heard from anyone.
I
Si ly]
Bruce B, HessingL
Acting H.O.A.board
Page 304
Item#19.
Kentucky Villas Home Owners Association
kentuckyvillashoa@gmaii.com Meridian,Idaho
6700 N.Linder Rd.ste.156.225 83646
i
October 25, 2019
i
i
Re: ORDER TO ABATE WEEDS
Parcel#. R4882890010
i
f
Dear City Clerk;
I received the enclosed complaint and wish to appeal it for the following reasons:
The property which the complaint is filed is not awned by an individual.
The person the complaint is filed against does not own the property.
r
The property is required to remain an undisturbed open drain land and a wild life sanctuary.
Because the parcel is used as a wet land year round it is impossible to operate mowing equipment on it.
We are a seven home HOA. It is too costly to hand mow the site several tunes a year.
We prefer to kill all vegetation on the parcel annually, the City and ACH❑will not allow us to do so.
Please provide this letter of appeal to the Council and respond back to the HOA above with their decision.
Sincerely:
Bruce B.Hessing
Acting H.D.A. board
E
E
i
i
r:
�� Page 305
i
Item#19.
REF MERIDIAN POLICE DEPARTMENT
1401 E. Watertower e Meridian, ID 83642
Phone (208) 888-6678 • Fax (208) 846-7366
aEP Fa
www.meridianpolice.org
Jeff A.Lacey,Chief
DATE: 7/16/20
TO: KENTUCKY VILLAS HOA INC
2338 W BOULDER BAR DR
MERIDIAN ID 83646
FROM: T. Koehler, City of Meridian Code Enforcement Officer
Meridian Police Department—Code Enforcement Division
RE: Real Property at:
S. Kentucky Way
Meridian, ID 83642
LOT 01 BLK O1
KENTUCKY VILLAS SUB
Parcel No. R4882890010
NOTICE OF ABATABLE NUISANCE AND ORDER TO ABATE: WEEDS
1
YOU ARE HEREBY NOTIFIED the Code Enforcement Officer has determined that nuisance
weeds are present throughout the entire parcel to include fence lines and ditches at the above-
described real property. This is a nuisance condition prohibited by Meridian City Code section
4-2-3(B).
YOU ARE HEREBY ORDERED to abate this nuisance condition by cuttinglremoving all
weeds over eijzht inches (8") in height, constitutes a safety,health, or fire hazard to persons
and/or property, and/or are designated as noxious weeds by the state of Idaho. These described
weeds need to be cut/removed from the entire parcel including along fence lines, around all
encroachments,and sidewalks(north property line,parallel with W. Victory Road abutting the
above described real property by 5:00 p.m. on July 26,2020. Should you fail to comply with
any provision of this Order, any and all available penalties may attach without further notice.
PENALTIES FOR NONCOMPLIANCE with this order include a criminal misdemeanor
charge for each day the nuisance persists. Additionally,pursuant to Meridian City Code section
4-2-3(H),the City of Meridian may abate the nuisance and then collect the costs of such
abatement costs from you. If the City of Meridian abates the nuisance, and you do not timely
C IWE IDIANJ Page 306
inr.Hn
Item#19.
Chris Johnson
From: Chris Johnson
Sent: Wednesday, August 12, 2020 3:57 PM
To: 'kentuckyvillashoa@gmail.com'
Cc: Todd Koehler; Emily Kane;Adrienne Weatherly
Subject: RE: Your Appeal is scheduled to be heard by City Council -August 4, 2020 UPDATE TO
8-18-20
Mr. Hessing,
The hearing is scheduled for the 4:30 Work Session on Tuesday,August 18, 2020.The agenda for the meeting can be
found at https://apps.meridiancity.org/CLERKSCONTENT/meridian agenda minutes.aspx. You may attend the meeting
either in person at Meridian City Hall or virtually through Zoom.The link to join via Zoon is listed on the published
agenda. Please contact my office at 208-888-4433 or cityclerk@meridiancity.org should you have any questions.
Chris Johnson
City Clerk I City of Meridian
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.888.44331 Email: clohnson@meridiancity.org
C:�(fE II3
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention,and may be released upon request unless exempt from disclosure by law.
From: Chris Johnson
Sent: Wednesday,August 5, 2020 11:02 AM
To: 'kentuckyvillashoa@gmail.com' <kentuckyvillashoa@gmail.com>
Cc:Todd Koehler<tkoehler@meridiancity.org>; Emily Kane <ekane@meridiancity.org>;Adrienne Weatherly
<aeatherly@meridiancity.org>
Subject: RE:Your Appeal is scheduled to be heard by City Council -August 4, 2020 UPDATE TO 8-18-20
Mr. Hessing,
Code Enforcement Officer Kohler is unavailable for your scheduled hearing date.As such,your hearing related to weed
abatement is now scheduled for August 18, 2020. Please contact my office should you have any questions. I will send a
final confirmation upon publication of the August 18 agenda (anticipated 8/12).
Chris Johnson
City Clerk I City of Meridian
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.888.44331 Email: clohnson@meridiancity.org
C,-,(fE II3�IA
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention,and may be released upon request, unless exempt from disclosure by law.
1 Page 307
Item#19.
ris Johnson
Sent:Wednesday,July 29, 2020 10:00 AM
To: 'kentuckyvillashoa@gmail.com' <kentuckyvillashoa@gmail.com>
Cc:Todd Koehler<tkoehler@meridiancity.org>; Emily Kane <ekane@meridiancity.org>; Adrienne Weatherly
<aeatherly@meridiancity.org>
Subject: RE:Your Appeal is scheduled to be heard by City Council -August 4, 2020 UPDATE TO 8-11-20
Mr. Hessing,
With extreme apologies, please note that your appeal is being moved to August 11. 1 will provide an update this time
next week about your placement on the agenda.Thank you for your patience as we balance schedules of all involved.
Chris Johnson
City Clerk I City of Meridian
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.888.4433 1 Email: clohnson@meridiancity.org
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention,and may be released upon request, unless exempt from disclosure by law.
From: Chris Johnson
Sent:Wednesday,July 29, 2020 9:55 AM
To: 'kentuckyvillashoa@gmail.com' <kentuckyvillashoa@gmail.com>
Cc:Todd Koehler<tkoehler@meridiancity.org>; Emily Kane <ekane@meridiancity.org>; Adrienne Weatherly
<aeatherly@meridiancity.org>
Subject: RE:Your Appeal is scheduled to be heard by City Council -August 4, 2020
Mr. Hessing,
There is an update to your scheduled hearing.Your hearing will now take place at the Regular Meeting on August 4,
2020.The meeting begins at 6:OOpm and your item will be early on the agenda.All other information below remains
valid. Please let me know if you have any questions.
Chris Johnson
City Clerk I City of Meridian
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.888.44331 Email: clohnson@meridiancity.org
UE II�
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention,and may be released upon request, unless exempt from disclosure by law.
From: Chris Johnson
Sent:Tuesday,July 28, 2020 11:29 AM
To: 'kentuckyvillashoa@gmail.com' <kentuckyvillashoa@gmail.com>
Cc:Todd Koehler<tkoehler@meridiancity.org>; Emily Kane <ekane@meridiancity.org>; Adrienne Weatherly
2 Page 308
Item#19.
erly@meridiancity.org>
Subject:Your Appeal is scheduled to be heard by City Council -August 4, 2020
Mr. Hessing,
I have received your request for a public hearing to appeal the abatement order issued on July 25, 2020.Your hearing is
scheduled for 4:30 pm on Tuesday,August 4, 2020.The hearing will take place at Meridian City Hall, as well as virtually
using Zoom or by telephone.The hearing will be on the Work Session agenda, which is the 4:30 meeting.The exact
placement of your appeal on the agenda will not be final until the agenda is published (no later than S:OOpm on July 29).
Meridian City Hall is located at 33 E. Broadway Ave. City Council Chambers are visible from the front entrance of our
building. Should you wish to join remotely,the link and instructions are below my signature. Please visit
https://meridiancity.org/government/covid-19 prior to visiting City Hall to ensure City Hall is open to the public.
Should you have any questions regarding process, please let me know.
Chris Johnson
City Clerk I City of Meridian
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.888.44331 Email: clohnson@meridiancity.org
C:�(fE II3
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention,and may be released upon request, unless exempt from disclosure by law.
Virtual Meeting Instructions for August 4, 2020:
Join from a PC, Mac, iPad, iPhone or Android device:
Please click this URL to join. https://us02web.zoom.us/*/84933344613
Or join by phone:
Dial (for higher quality, dial a number based on your current location):
US: +1 253 215 8782 or+1 346 248 7799
Webinar ID: 849 3334 4613
3 Page 309
Item#19. ATABLE NUISANCES; PROCEDURES AND PENALTIES:
icability:The procedures set forth in this section shall apply to abatable nuisances.
B. Abatable Nuisance Unlawful:It shall be unlawful for any owner,occupant,user,or person in charge or control of any property to
create,cause,commit,maintain,or allow the existence of any abatable nuisance on such property,or upon any street,sidewalk or public
right-of-way abutting such property including the area behind curbs,sidewalks,parking areas,and property to the center of alleys and
ditches.Further,it shall be unlawful for any person to create,cause,allow,or commit any nuisance upon any public property,right-of-
way,or infrastructure,including sidewalks,streets,gutters,or storm drains.
C. Procedure:If it is determined by a Code Enforcement Officer that an abatable nuisance exists,the Code Enforcement Officer shall
cause a notice of violation and order to abate to be issued to the owner,occupier,and/or person in control of such property. Such notice
and order shall contain the street address and parcel number of the property,describe the nuisance existing thereon,order the abatement
of the nuisance,establish the time period for abatement,specify the penalty for noncompliance,and describe the opportunity and time
for appeal.The Code Enforcement Officer shall issue such notice and order to the owner,occupier,or person in control of the property
on which the nuisance exists in one of the following ways:
1. By personal service upon such owner,occupier,or person in charge or control of the property;or
2. By regular mail to such owner,occupier,or person in charge or control of the property,at the address shown on the last available
assessment roll,or as otherwise known;or
3. By posting such notice and order at a conspicuous place on the property and publishing one notice in the official newspaper of
the City that the property has been posted in accordance with this chapter and ordering the owner,occupier,or person in charge or
control of the property.
D. Time Period For Abatement:It shall be the duty of the owner,occupier,or person in charge or control of any property where any
abatable nuisance exists,to abate such nuisance within five(5)calendar days from the date of personal service,mailing,or publication,
except that the Code Enforcement Officer may require summary abatement of an abatable nuisance where such condition presents an
imminent or ongoing threat to or impairment of human health or safety.Abatement of graffiti shall meet the following standards:
1. Abatement of graffiti shall meet the following standards:
a. The removal of such graffiti shall not follow the pattern of the graffiti such that the inscription,work,figure,symbol,drawing,
mark,or design of such graffiti remains apparent.
b. The removal of such graffiti by painting over it shall be reasonably similar or identical to the original color of the surface upon
which such graffiti was applied.
c. If the surface is heavily covered with graffiti,the entire surface shall be repainted.
2. Abatement of a nuisance tree shall include tree removal,pruning,and/or removal of branches,debris,roots,stump,and/or soil,at
the direction of the Code Enforcement Officer.
E. Appeal:Within five(5)calendar days from the date of service,mailing,or publication of the notice of violation and order to
abate,the owner,occupier,and/or person in charge or control of the subject property may appeal to the City Council by filing a written
appeal with the City Clerk,which appeal shall enumerate the grounds for appeal.The City Clerk may schedule such appeal for hearing
at the next regular meeting of City Council.City Council shall consider written and oral testimony from the appellant and shall affirm,
withdraw,or modify the order to abate.The decision of the City Council shall be final.If City Council affirms the order,the appellant
shall have five(5)calendar days from the date of such affirmation to abate the nuisance as ordered.
F. Criminal Penalties:If,following notice of violation and order to abate,any person allows the existence of an abatable nuisance,
such person shall be guilty of a misdemeanor.Each and every day in which any such violation continues may be deemed a separate
offense.Upon conviction for a violation of this section,the City shall request from the Criminal Court an order of restitution for any and
all costs of abatement and/or other related costs incurred by the City.Peace officers and Code Enforcement Officers shall have the
authority to issue uniform citations to violators of this section.
G. Civil Penalties:In addition to any other penalties described in this section,the City may also take civil action to obtain an order
enjoining the ongoing maintenance of such property free from nuisance,and/or to recover any and all costs of abatement,enforcement,
litigation,and/or prosecution including,but not limited to,attorney fees and court costs.
H. Abatement;Administrative Penalties:In addition to pursuing criminal and/or civil penalties,and notwithstanding the imposition of
any civil or criminal fine,penalty or imprisonment,the Code Enforcement Officer,after providing notice and hearing as provided herein,
may abate or cause the abatement of any abatable nuisance where the owner,occupant,agent or person in control of property does not
comply in all respects with an order to abate,the Code Enforcement Officer may abate or cause the abatement of such nuisance.The
owner,occupier,and/or person in charge or control of the subject property shall be billed,assessed,and/or held responsible for any and
all actual expenses of such work,and any related charges,including fees and fines that may be imposed pursuant to this chapter and/or
adopted by fee schedule,pursuant to the following procedures:
1. Recovery Of Abatement Costs And Fees:Within thirty(30)days of abatement of the nuisance,the City shall send to the owner,
occupier,and/or person in charge or control of the subject property,by regular mail,a billing statement requiring payment to City the
costs of abating the nuisance and administrative fee as established by fee schedule.
2. Nonpayment Of Abatement Costs:If full payment is not made to City within fifteen(15)days of the mailing of the billing
statement requiring payment of abatement costs and fees,the City may:
Page 310
Item#19. ttempt to recover such amount through the City bill collection procedures;
b. Add the amount due and owing to the Municipal utility service account related to the property on which the nuisance was
abated and collect such amount in accordance with utility bill collection procedures;and/or
c. Levy a special assessment against the subject property pursuant to Idaho Code sections 50-1008 and 50-334 and/or any
subsequently adopted or otherwise applicable laws.Notice of the special assessment shall be sent by regular mail to the owner of the
subject property,and shall state the address and parcel number of the subject property,date of abatement action taken,and state the
amount to be assessed,including any applicable administrative and/or late fees,and shall state that if the assessment is not paid within
thirty(30)days,the assessment will be placed on the real property tax rolls and will become a lien against such property.If payment to
the City Clerk is not made within thirty(30)days after mailing the notice of special assessment,the assessment shall be declared
delinquent and shall be certified,including a ten percent(10%)late fee,to the Ada County Assessor by the City Clerk,not later than
August 1 of each year.Upon such certification,the assessment shall be placed upon the tax roll and shall thereafter become a lien against
the property described in the notice and shall be collected in the same manner and subject to the same penalties as other City taxes.Upon
payment of the assessment,fees and penalties in full,the City Clerk shall file a release of lien with the Ada County Assessor.
I. Summary Abatement:Nothing contained herein shall prevent a Code Enforcement Officer,peace officer,or Fire Marshal from
requiring,undertaking,or causing summary abatement of an abatable nuisance where such condition presents an imminent or ongoing
threat to or impairment of human health or safety.
J. Noxious Weeds:In addition to other remedies set forth in this chapter,the Code Enforcement Officer may notify Ada County of the
presence of any noxious weeds.(Ord. 17-1759, 12-19-2017;amd.Ord.20-1875,3-10-2020)
Page 311