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2020-09-15 Regular
WE IDIAN City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, September 15, 2020 at 6:00 PM Minutes VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/83116012971 To call in: 1-669-900-6833 Webinar ID: 831 1601 2971 ROLL CALL ATTENDANCE Mayor Robert E. Simison Councilman Brad Hoaglun Councilwoman Jessica Perreault Councilman Luke Cavener Councilwoman Liz Strader ABSENT Councilman Joe Borton Councilman Treg Bernt PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted Motion to adopt the agenda made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener, Councilwoman Strader CONSENT AGENDA [Action Item] Approved Motion to approve the consent agenda made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener, Councilwoman Strader 1. Approve Minutes of the September 1, 2020 City Council Work Session 2. Agreement Between City of Meridian and Meridian Chamber of Commerce for Idaho Rebounds Funds 3. Interagency Agreement Between Ada County Highway District and the City of Meridian for Roadway Construction and Water and Sewer Construction at Eagle Road and Victory Road to Amity Road 4. License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian for the South Slough Pathway 5. License Agreement Between Nampa and Meridian Irrigation District and the City of Meridian for the Twelve Oaks Pathway and Pedestrian Bridge 6. AP Invoices for Payment 09-09-20 Special - $51,840.96 7. AP Invoices for Payment- 09-16-20 - $1,039,900.07 ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] PUBLIC FORUM - Future Meeting Topics The public are invited to sign up prior to the start of the meeting to address their elected officials regarding matters of general interest or concern of public matters. This time is reserved for general topics and not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public commentsection. However, the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assistyou in resolving the matter following the meeting. RESOLUTIONS [Action Item] 8. Resolution No. 20-2229: A Resolution of the Mayor and the City Council of the City of Meridian,Appointing Steven Yearsley to Seat 4 of the Meridian Planning and Zoning Commission; and Providing an Effective Date Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener, Councilwoman Strader ACTION ITEMS Public Hearings related to land use applications follow this process:Once the hearing is opened, City Staff will present their analysis of the application. Following this, the applicant will be allowed up to 15 minutes to present their application. Following any questions that may be asked by Council, members of the public are allowed up to 3 minutes each to address Council regarding the application. If a person is representing a Homeowner's Association, indicated by a show of hands, they may be allowed up to 10 minutes, provided those they are representing are yielding their time. Following all public testimony, the applicant is allowed an additional 10 minutes to respond to comments. Council may ask additional questions, and then close the public hearing. Once the hearing is closed, not further testimony will be heard. City Council may move to continue the item to a future meeting or may vote to approve or deny the item with or without changes presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie-vote. 9. Public Hearing for Jocelyn Park Subdivision (H-2020-0067) by Bonnie Layton, Located on the South Side of W.Victory Rd.,Approximately 1/4 Mile West of S. Meridian Rd. Continued to October 20, 2020 A. Request: A Preliminary Plat consisting of 67 single-family residential lots and 7 common lots in an existing R-8 zoning district. Motion to continue to October 20, 2020 made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener, Councilwoman Strader FUTURE MEETING TOPICS EXECUTIVE SESSION 10. 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 to enter executive session made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener, Councilwoman Strader Entered Executive Session at 7:44 pm Exited Executive Session at 8:35 pm ADJOURNMENT 8:35 pm Item#1. Meridian City Council September 15, 2020. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, September 15, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Joe Borton and Treg Bernt. Also present: Chris Johnson, Bill Nary, Joe Dodson, Warren Stewart, Jeff Brown, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE: Liz Strader Joe Borton _X_ Brad Hoaglun Treg Bernt X 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, September 15th, at 6:00 p.m. We will begin tonight's meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item on the agenda is the Pledge of Allegiance. If you will all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Our next item on the agenda is our community invocation, which will be led by Pastor Troy Drake with Calvary Chapel here in Meridian. If you would all, please, take this as an opportunity to join us in the invocation or take it as a moment -- for a moment of silence at this time. Pastor Drake. Drake: Mr. Mayor, Council Members. Let's pray. Lord God, I was just reminded that your Word says that you have made both heaven and earth. That and everything in them are yours. And you also said you will bless those who have a humble and contrite heart and so, God, I just come before you with those things in mind and in humility and just, first of all, Lord, thank you so much that you have created us and made this place in this time for us to live and -- and, God, we are so thankful for Meridian. The great things about this city and -- and -- and, God, we are just asking for you to protect our community, especially with all the -- the fires going on here in the northwest. We ask that you would protect those who are keeping us safe, whether it's in firefighting or the --the local first responders Page 4 Meridian City Council Item#1. September 15,2020 Page 2- — and our police officers, those who -- who care for us and -- and keep the peace and we do pray for peace in our city, God, but it's the upheaval in our world. We pray for our citizens here that -- that we would just be mindful of you and to love our neighbors as ourself. So, God, lastly, I just want to pray for the Council meeting and we are thankful that we get to just seek you for them and that you would give them great wisdom, that, Lord, it seems like you don't think any matters are too small and so I just pray for all things that they will discuss on behalf of our -- our city and that you will bless them as they have just agreed to be our elected officials. So, thank you so much, God, for them and pray that you would give them a lot of grace, in Jesus name, amen. ADOPTION OF THE AGENDA Simison: Council, next item on the agenda is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move the adoption of the agenda as presented. Cavener: Second. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the September 1, 2020 City Council Work Session 2. Agreement Between City of Meridian and Meridian Chamber of Commerce for Idaho Rebounds Funds 3. Interagency Agreement Between Ada County Highway District and the City of Meridian for Roadway Construction and Water and Sewer Construction at Eagle Road and Victory Road to Amity Road 4. License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian for the South Slough Pathway 5. License Agreement Between Nampa and Meridian Irrigation District and the City of Meridian for the Twelve Oaks Pathway and Pedestrian Bridge Page 5 Meridian City Council Item#1. September 15,2020 Page 3 of 34 6. AP Invoices for Payment 09-09-20 Special - $51,840.96 7. AP Invoices for Payment - 09-16-20 - $1,039,900.07 Simison: Next item is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Cavener: Second the motion. Simison: I have a motion and a second from Councilman Cavener to adopt the agenda -- or approve the Consent 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. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: So, we will move on to the public forum. Mr. Clerk, did we have anyone signed up under this item? Johnson: Mr. Mayor, yes. Chev Campbell. Simison: Mr. Campbell, if you would come forward you will be recognized for three minutes. Campbell: Yes. My name is Chev Campbell. And I'm here to talk about the Jocelyn Park Subdivision. Is this the proper time for me to do that? Johnson: Mr. Mayor. Mr. Campbell, actually, I'm sorry, the forum -- you signed up for the public forum and I -- by the note I thought this was something else. So that is coming up on the agenda -- Campbell: Okay. Johnson: -- so, we will call your name then. Page 6 Meridian City Council Item#1. September 15,2020 Page 4- — Campbell: All right. Thank you. Simison: No one else signed up under the public forum? Johnson: That is correct, sir. RESOLUTIONS [Action Item] 8. Resolution No. 20-2229: A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Steven Yearsley to Seat 4 of the Meridian Planning and Zoning Commission; and Providing an Effective Date Simison: Okay. All right. Then we will move on to Item 8, a resolution. Council, what you have before you is a resolution to appoint Steven Yearsley to the Meridian Planning and Zoning Commission. We did have a vacancy recently for a position that is through January of this year. When I looked at the survey results from the community and saw how important the topic of growth and planning an zoning is, I thought it was really important that we make sure we get the right person to serve on Planning and Zoning. In addition, when I looked at the makeup of the current Planning and Zoning Commission -- Perreault: Mr. Mayor. Simison: Council Woman Perreault. Perreault: You are cutting in and out. Simison: Okay. Let us reduce the volume in this room. Cavener: We are close. We can hear you. Simison: In addition, south Meridian was -- really does not have anybody on the Planning and Zoning Commission from south Meridian, so it's important to me that we find the right person and Mr. Yearsley, who has got plenty of experience, agreed to come on and serve at least through January, which should give us time to find, hopefully, the person that will represent this community in the way that the needs are and be from that part of our community to have a well balanced commission. So, with that I bring this forward to you for consideration. Be happy to answer any questions you may have. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just to let you know you are kind of fading in and out. I think we got the gist of it. I know it's hard to get it -- get it right with the microphones, but I would say we are Page 7 Meridian City Council Item#1. September 15,2020 Page 5- — getting about every other word and it's very faint. I also don't have video as well. Simison: Well, it's our goal to keep you in the dark tonight, so -- Strider: That's okay, Mr. Mayor, we will survive. We will make it through. Simison: Just to reiterate, Steven has experience. He's agreed to serve temporarily through January at least, which will give us an opportunity to look for someone else from south Meridian that meets the expectations of where our community is as it relates to Planning and Zoning. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm certainly supportive of this recommendation. I'm just curious, it sounds like, then, maybe you and Mr. Yearsley at least discussed maybe serving in addition past that time in January when the appointment is up or is this really designed to be a temporary piece while we find a more permanent solution from south Meridian? Simison: I took what I could get for now, which was through January, and I think he has to figure some things out on his end as well if he would even consider wanting to go further. Cavener: Great. Hoaglun: Mr. Mayor? Perreault: Mr. Mayor? Hoaglun: Go ahead, Jessica. Simison: Council Woman Perreault. Perreault: Well, I would like to say I had the pleasure of serving with Mr. Yearsley on the Planning and Zoning Commission and he was a fantastic commissioner and a huge asset to the city. So, thank you, Steve, so much for being willing to do this in the interim. I appreciate it. I know all of the Council appreciates it and you are a fantastic leader on that commission and I am secretly hoping and praying that you will stay for another term. Simison: Thank you. Councilman Hoaglun. Hoaglun: Well, Mr. Mayor, I agree with what's been said about Steven. He certainly serves this community well and loves this community and appreciate him taking the opportunity to fill this seat for--for a short time and hopefully longer, but we will see. And I -- with that, Mr. Mayor, I would move we approve Resolution No. 20-2229, appointing Page 8 Meridian City Council Item#1. September 15,2020 Page 6- " Steven Yearsley to Seat 4 of the Meridian Planning and Zoning Commission. Cavener: Second the motion, Mr. Mayor. Perreault: Second. Simison: I have a motion and a second to approve Resolution No. 20-2229. Is there discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. Thank you very much. And he will start work on Thursday. MOTION CARRIED: FOUR AYES. TWO ABSENT. ACTION ITEMS 9. Public Hearing for Jocelyn Park Subdivision (H-2020-0067) by Bonnie Layton, Located on the South Side of W. Victory Rd., Approximately '/4 Mile West of S. Meridian Rd. A. Request: A Preliminary Plat consisting of 67 single-family residential lots and 7 common lots in an existing R-8 zoning district. Simison: Okay. Our next item on the agenda is Item No. 9, a public hearing for Jocelyn Park Subdivision, H-2020-0067. I will open this public hearing with staff comments and turn it over to Joe. Johnson: Mr. Mayor, my apologies. If I can let Council Women Strader and Perreault know, I just sent the hearing outline. I accidentally did not send that earlier, so it is in their inbox right now. Simison: Thank you. Joe. Dodson: Thank you, Mr. Mayor, Members of the Council. Can everybody hear me okay? Okay. Good. Thank you for having me tonight. As stated, this lone application tonight is for Jocelyn Park Subdivision, H-2020-0067. The site consists of 12.675 acres of land, currently zoned R-8 and is located on the south side of West Victory Road approximately a quarter mile west of South Meridian Road. Adjacent to this site is residential in all directions and zoned residential. To the northeast -- well, I should say to the northeast is the only county enclave left and was recently heard for comp plan map amendment. To the west is Timberline Subdivision that is currently being built in two phases and is zoned R-8 and the subdivision to the east is Meridian Heights and is also zoned R-8. The subject property was annexed in 2013 as part of a larger area known as Victory South. There is an existing DAassociated with this annexation and property, but the requested application and the recorded DA do not require modification, as the proposed development is consistent with the provisions contained within the agreement. In addition, a preliminary plat was approved for this property in 2018 for the same title plat name, Jocelyn Park. The existing plat is set to -- set to expire in December of this year. The current developer Page 9 Meridian City Council Item#1. September 15,2020 Page , - " wishes to obtain approval of a new plat with higher density more in line with the dimensional standards of the existing R-8 zoning. The proposed development is located in an area of the city where low and medium density residential developments are existing and anticipated. The subject site is surrounded by existing City of Meridian zoning, except for the small parcel that abuts its northeastern property boundary. Therefore, this project is an in-fill development per the definitions in city code. The proposed development has a gross density of 5.1 dwelling units per acre, meeting the density requirements for the medium density residential future land use designation of three to eight. In addition, the existing R-8 zoning allows for detached single family residences with average lot sizes of at least 4,000 square feet. The proposed development meets this requirement as well. This development is proposed as one phase with an average lot size of 4,455 square feet. Staff finds the proposed use and gross density to meet the intent of the future land use designation and zoning district. Specifically on this plat to note there is a sliver north of a small canal road that the applicant is deeding over to the owner of the county parcel to the northeast, because he has a couple sheds and things like that that the owner would rather just deed him the land, rather than deal with the property boundary adjustments and things like that. Access for this development is proposed to be extension of stub streets from adjacent subdivisions. The stub street located in the southeast corner of the site, West Winnipeg Street, is an existing stub from Meridian Heights Subdivision. The other proposed connection is connected -- is located in the northwest corner of the site, but is not yet constructed. This connection is to be constructed with phase two of the Timberline Subdivision, which has received final plat approval, but has not yet received city engineer's signature. These two local streets will supply the access points for this development. In addition, the applicant is proposing to stub a street to the property located to the northeast of the site for future connectivity. On this stub street the applicant is proposing a temporary cul-de-sac turnaround. Off-street parking is required to be provided for single family detached dwellings based on the number of bedrooms per unit. In addition, the applicant is proposing 33 foot street sections within 47 feet of right of way, which would allow on-street parking where no driveways exist. A minimum of ten percent open space meeting the standards listed in UDC 11-3G, is required. Based on the proposed plat of 12.93 acres a minimum of 1.29 acres of qualified open space should be provided. According to the open space exhibit the applicant is proposing a total of 3.65 acres of open space. The exhibit shows three different distinct areas of open space. One area in the south that contains the existing pond that is to remain. One area along the entire northern boundary of the subject site and one centralized area. The large open space lot containing the pond abuts open space area in the Timberline No. 1 Subdivision currently under construction. In addition, there is a micro pathway to the -- connection to the west shown on the open space exhibit that also connects to the Timberline Subdivision. That is this one right here along the western boundary. The existing pond in the south of the site is more than 25 percent of the lot in which it resides and, therefore, that open space lot cannot qualify according to UDC standards. The other area of open space that is listed as qualifying, but is not qualifying, is the end cap lot directly north of the pond open space a lot. This area meets neither the 50 by 100 dimensions, nor the 5,000 square foot dimensions as it is approximately 4,200 square feet. After removing the end cap lot and a lot containing the pond from the open space, there are still 2.46 acres of qualified open space. This area is still vastly more than the required minimums. Page 10 Meridian City Council Item#1. September 15,2020 Page 8- " An area that was of concern for staff within the open space area was that area directly north of Lots 35 through 37 at the end of the cul-de-sac here. The applicant -- sorry. The Commission recommend rotating Lots 35 and 36 and moving the micro pathway to the east, further opening up this area behind the homes. The applicant has submitted a revised plat showing this change and staff finds that it is better for overall visibility from this corridor back here. However, the width of the micro path lot does not appear to meet UDC requirements of being at least 15 feet wide. The applicant should provide revisions to the plat to ensure the micro path lot meets code requirements. The revised plat also shows the micro path lot along the western part of the central open space to be located between Lots 10 and 11, Block 3, as recommended by staff. So, as you can see this is the revised plat with those two changes. These lots rotated, this moved up and this was the previous layout. There are no multi-use pathways proposed or required with this development. There is an existing multi-use pathway on the north side of Victory Road directly north of the subject site. The applicant is proposing micro pathways in multiple locations within the development to add pedestrian-bicycle connections throughout. These pathways connect to the central open space, with the five feet attached sidewalks located along the local streets throughout the development as well. The applicant is also proposing a micro pathway connection on the west side of the project to connect with a pathway and open space in Timberline No. 1. Based on the area of the plat a minimum of one qualified site amenity is required to be provided. The applicant is proposing four qualified amenities to satisfy the requirements. A child's play structure, a shaded picnic area, which are both on the north open space lot, walking paths, which, again, mostly are located in the central open space lot, and an additional 20,000 square feet of qualified open space. The Commission requested that an amenity that provides some form of seeding be added to the open space lot that contains the pond. The applicant has verbally agreed to adhere to this, but has not yet provided an updated landscape plan depicting this. The Ridenbaugh Canal runs through the northern portion of the property and it, essentially, makes up the required landscape buffer along Victory Road. Per the UDC the waterway is required to be tiled. However, the applicant wishes to keep the canal open and act as the buffer between Victory Road, an arterial street, and the common open space lot proposed south of the canal. Staff supports this proposition by the applicant. Therefore, the applicant is requesting a Council waiver to keep the canal open. The location of the canal in relation to Victory Road also brings up another issue with the required frontage improvements along Victory Road by ACHD and city code. Code dictates that sidewalks are required when the property has frontage on public roads, like that of Victory Road. Similarly,ACHD has conditioned the applicant to construct detached sidewalks along Victory Road no closer than 31 feet from centerline. This requirement would place a sidewalk within the irrigation district easement and into the toe of the slope of the raised canal. Since the Commission meeting the applicant has met with the irrigation district to obtain approval of placing the sidewalk on one of the canal roads along the Ridenbaugh Canal to meet this requirement and construct a detached sidewalk. This request was denied by the irrigation district unanimously. In addition, the applicant has filed an appeal of the sidewalk condition with ACHD citing these same issues. It is my understanding that they will not be on the -- be able to get to that commission meeting until sometime in October with ACHD. However, there is no avenue within our UDC for this requirement of the sidewalk to be waived and is not eligible for a variance as it is not Page 11 Meridian City Council Item#1. September 15,2020 Page 9- " considered a structure by building code. Staff understands the position that the applicant is in, but, generally speaking, it is up to the applicant to find a solution and not necessarily the city. However, the situation at hand staff has a few options if Council is willing to hear that out. Briefly with this here, this exhibit, you can see the red -- this was made by the applicant, by the way. I stole this from them. It's very good. The red is supposed to be where the ACHD condition would place a sidewalk, which is well into the toe of the slope and, again, into the irrigation district easement that they are not allowed to go into as -- guess it was yesterday that they sent that over. There is a canal road along the north side of the canal and one along the south side. The irrigation district does not want pedestrians on there at all. This green area as you can see would be the shoulder. Then you have the gravel -- or actually, the borrow ditch and, then, the shoulder here. So, as you can see there is not -- with the two conditions of ACHD and the irrigation district not cooperating either with this, there is not room for the detached sidewalk at this place here. One of the ways that staff has found that we could meet the intent of a detached sidewalk is in Timberline No. 2 there is a micro path lot connecting to the sidewalk along Victory here that will connect to the local street and, then, all of these sidewalks will connect. That will offer future connectivity to the east. With the applications that were heard for the comp plan map amendment, I believe by either City Council or Planning and Zoning for this northeast corner, they were required to put the sidewalk on the south side of the canal as well. So, there will be no detached sidewalk or sidewalk on the north side of this canal, which would be on the south side of Victory Road. So, if Council wanted to do one of the options there they wouldn't be missing anything with a random splice of sidewalk along the south side of Victory Road. Again, there is the ten foot multi-use pathway along the north side of Victory Road. I believe the applicant also has some options that they are willing to discuss as well with City Council. That is the outstanding issue from the Commission meeting. In general for the -- the key issues of discussion by the Commission are the applicability and location of the required sidewalk along Victory Road as discussed. The location of fencing along the Ridenbaugh Canal and the mislabeling -- mislabeling of the irrigation district's access road as a pathway for the proposed plat. The layout and placement and usability of the proposed open space -- specifically how an amenity can be added to the open space lot containing the pond and how to open up the central open space lot more. Fourth, the issue of the sliver of open space around the cul-de-sac lots is outlined by staff. And, fifth, the -- to clarify staff's comments on the fencing within the north and south open space lots regarding open vision or having an opening to connect to the open space lots between Timberline and this subdivision. The Commission recommended five changes to the staff report. Strike condition number four, modify conditions 1-A and 3-B to reflect rotating the lots to the west, the lot at the end of the cul-de-sac. Add a condition to lose a buildable lot around the central open space. Add condition to provide a loop sidewalk within the north open space lot. Add condition to add or-- or move an amenity that will provide seating on the open space lot containing the open water pond. As stated, the outstanding issue for City Council is this sidewalk issue along Victory Road. Since the Commission hearing there was one public comment from Chris Vondemkamp, concern that the property may be part of a national wetlands. Since that came in the applicant worked diligently with the Army Corps of Engineers and has received a letter from them stating that that was the case up until 2014. The city worked with the previous agency out here to clean that up and it has been nothing but fill Page 12 Meridian City Council Item#1. September 15,2020 Page 10—" since then. So, as of the letter from the Army Corps of Engineers, again, there is no wetlands on this property and so it should be a non-issue going forward. And after that I will stand for questions. Thank you. Simison: Thank you. Council, questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor. Joe. This -- this issue of the sidewalk is kind of a sticky wicket. But as you are going east along the Ridenbaugh where their sidewalk ends and you have got the big curve for West Victory, it looks like that same situation occurs all the way probably up to Meridian Road; is that correct? Dodson: Council Member Hoaglun, yes, sir, that is correct. With the ACHD's comments regarding this frontage for the comp plan map amendment to the northeast, there is no room on -- between the canal and Victory Road. So, they are also going to have it on the south side of the canal. So, there is -- this issue, yes, persists all the way to Meridian Road. Unfortunately, this section of Victory -- or none of Victory as far as I know is in the next five year work plan to be widened or rerouted. So, this type of issue is going to persist no matter what property would -- no matter what project is proposed. Hoaglun: Thank you. Simison: And, then, a follow up on that. So, the property to the east has already been approved to not provide a sidewalk along Victory Road. Dodson: The northeast -- no. It was heard by -- I apologize, don't remember. I think at least commission and it was recommended for denial. However, that -- one of the requirements from ACHD was to have the sidewalk on the south side of the canal. Nonetheless, that -- I'm using that as a reference of the pathway, that the line of thinking that is going forward with that, not necessarily anything that had been conditioned. Simison: Okay. So, to relate -- really because my question was related to the decision -- is the decision to not tile creating part of this problem or if the -- if it was tiled would there be adequate space for a sidewalk or does it have to go into the Nampa-Meridian easement space where they would not allow it. I guess because to your point I mean this area is not one that is planned for redevelopment. This corner is -- in this stretch of road, as far as I'm concerned, the -- the most dangerous stretch of road in Meridian that I'm aware of or the potential. I don't know that there has been accidents, but it's crazy and so I'm just kind of curious what the long term plan and vision for that area is. Because if the answer is to tile the entire Ridenbaugh through that area, that provides the safety for people, as compared to having them trying to cross the road in this area versus the decision not to, that's really where I'm kind of wondering. Page 13 Meridian City Council Item#1. September 15,2020 Page 11 of— Dodson: Understood. Thank you, Mr. Mayor, for clarifying that. Yes. From my understanding tiling this had not come up throughout this process. So, I don't know where Nampa-Meridian stands on that. I do know that all the way along this area it has not been tiled and that does not mean that it doesn't need to be, but, again, I am not sure where that would stand with the applicant, nor Nampa-Meridian at this juncture. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Joe, thank you for your presentation. These pictures are very helpful. A question about that multi-use pathway on the north. Does that extend all the way to Meridian Road? You just show on the photo here that -- that, you know, partly around the curve, but does that extend all the way to Meridian Road? And, if so, is it possible for the applicant to request the ACHD put in a sign that clarifies that there is not a walkway on the south side? Dodson: Council Woman Perreault, Members of the Council, that is correct, yes. The ten foot multi-use pathway does go all the way to Meridian Road. I'm assuming that there could be some signage in place, if not by ACHD by the applicant to make sure that there is notice that there is no sidewalk on this -- on the south side of Victory. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, Joe. I was -- I was referencing specifically at the intersection of Victory and Meridian, which I assume the applicant wouldn't be permitted to put a sign there. But I -- I have not run across this before, but I think it would be helpful for anybody who is crossing over who was accessing directly from Meridian Road that they are aware that -- that they -- that's the only pedestrian space and I don't know -- I don't know if that's something actually that the applicant has to work with with ACHD as part of this application or if that's something that would happen separately. Dodson: Thank you, Council Woman Perreault. I appreciate the clarification. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Joe. I -- is there -- it just seems like common sense to me or like it would make more sense if the irrigation district were to work with everybody and, you know, try to create kind of a sidewalk there along their road. I know they don't usually do that. Is there an appeal process or is there a way that the city could try to weigh in to influence them? Just curious from your perspective if -- if we have ever been able to do that. Thanks. Page 14 Meridian City Council Item#1. September 15,2020 Page 12 of— Dodson: Council Woman Strader, I do happen to agree with you. I wish that was something that was more applicable right now to work with Nampa-Meridian. We did do a site visit and that was the assumption that we could try to make that work, because it was detached and it would be able to cross everything that needed to be crossed. But Nampa-Meridian has been -- through e-mail and through meetings and specifically with the applicant has been very adamant that they do not want anybody on or near their -- this canal. So, I don't know personally where the city could flex anything with that. It is my understanding that Nampa-Meridian will do what they need to do to protect their rights. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess maybe a question for you, if you are open to it. You have been around the city longer than I have. Do you think there is any chance of us trying to influence them, maybe from the Mayor's office or something along those lines, or a letter from Council? Just curious what your perspective is on it. It just seems like a shame to not, you know, develop this the way that it should. Maybe work better for everybody, but -- Simison: My honest opinion is I don't think a letter from the Mayor and Council will weigh -- have any impact on their long -- on their decision specific to this parcel and this application. However, I think that there is a -- not knowing where all this is going, I think there is a better conversation to be had about what should this entire stretch look like from here to the road. I think that there is a better conversation to be had with them about that and the long term needs, but that's my two cents and I say that with all due respect. They -- they guard the -- these -- these areas and the Ridenbaugh very stringently. Strader: Thank you. Simison: Council, any further questions for staff at this time? Okay. Do we have -- I assume we have the applicant online or -- oh, in the room. Okay. If you would like to come forward to be recognized for 15 minutes. If you can state your name and address, please. Layton: Good evening, Mayor and Council. Bonnie Layton. I'm with WH Pacific, NV5, and I am at 690 South Industry Way in Meridian, Idaho. 83642. And I'm here before you tonight for our client and to discuss Jocelyn Park. Thank you for your time this evening and speaking with everybody and not being able to see everyone's full face. Joseph's done a great job and we really appreciate the hard work of staff on this and in the interest of time I think, you know, Joseph did a great job of going through the project and some of the revisions that we had sent over and some of the conditions I think for us, of course, this is a -- we believe that this project is in compliance with the Comprehensive Plan and is a nice addition to the community and another option for -- or a choice for residential housing type in the city, again, in compliance with the Comprehensive Plan and the densities that -- that you have outlined. And with that we feel like it's a -- it's a great in-fill piece and a good use of a piece of property that's sat vacant for a while and was reclaimed Page 15 Meridian City Council Item#1. September 15,2020 Page ——" from -- from a previous sewer lagoon facility that was decommissioned in 2014 in conjunction with the City of Meridian assisting with that and pumping those lagoons dry and connecting the subdivision to the east on to city services. So, the applicant acquired this property within the last year. There were some design plans going -- going forward on it. The open space we believe we have provided, as Joseph mentioned, more than the minimum standard for the open space. Tried to do micro paths for connectivity, not just within our site, but to adjacent properties and, then, leaving the pond at the south end as a -- kind of manmade, but now sort of natural amenity with maybe a park bench or something to really just add something -- something to the quality of the area. With that I think I will just cut to the main issue at hand that we are discussing and as Joseph mentioned we had several meetings, conversations, e-mails, site visit regarding the sidewalk and the improvements and it was a condition of Planning and Zoning -- we -- we discussed the issue with them and they moved it forward and we met with the irrigation district. I made a formal application and met with them last week on a request to place the sidewalk. Showed them the two options as you saw on the -- how do I get back to this other-- on either side of the canal road. As you can see from this image that's on the screen right now, this location along Victory Road is very unique as -- as you know. It's really a hairpin turn. The grade elevation changes on the west side where -- there is a 16 foot drop in the -- in the road elevation and you can kind of see that from some of the photos that I took from the site. So, it's this kind of hairpin corner as you are coming -- heading east coming down around the corner. When I spoke with the irrigation district they said they often see tire tracks up along the toe of their bank or up on their bank, so we believe that that's a pretty unsafe condition for pedestrians and in talking with ACHD they were insistent that we seek permission from the irrigation district. Everything that staff at the district had told us led us to believe that that was probably not going to happen and they were correct. Even though we tried to propose a couple of different options, either on the north side or on the south side with some fencing to keep people out of an attractive nuisance, so that nobody has to, you know, fish children out of the canal. That said, they told us no and so we are trying to come up with a solution that meets the intent and the purpose of sidewalks and public use ways for pedestrians. And as Joseph mentioned, obviously, we have connectivity in -- in our sight on the -- on the sidewalks that are adjacent to the street to connect into Timberline and the micro paths. But as we get up to Victory Road, you know, there is no five year plan for ACHD to straighten that road out or realign it. I -- it's my understanding that the parcel that's north of us -- there is actually two parcels. Joseph, do you have an image that shows -- so -- yes. Thank you. So, right where the arrow is. So, there is an out parcel and, then, there is the big RUT parcel that's supposed to be some sort of multi-family. I have not seen a plan for that yet, but we -- but we are still dealing with this out parcel. So, realignment of the canal or-- or the road, you know, to my knowledge, none of that has been considered in any of those parcels going forward. I think to one of the questions one of the commissioners had -- one of the comments and so just really looking at that, do we want to put a bunch of folks, you know, down on a low corner that's -- that's unsafe, that's within the irrigation district's easement, which they have said, no, we are not going to allow that anyways. So, we said what can we do that would be a great alternative and, of course, we have identified on the north side of Victory Road that there is this very substantial and well built piece of city infrastructure, this ten foot public pathway, and I was out there, I didn't see a Page 16 Meridian City Council Item#1. September 15,2020 Page —of— whole lot of folks on it. It's nice because it's off of the road -- separated from the road quite a bit, so the comfortability for pedestrian and bikes and moms with their -- with their strollers, you feel very safe having that level of separation and so what we had looked at in this is how do we maximize the use of that city infrastructure to achieve really what we want to achieve as a community and -- and so we were proposing what if there was a crossing at the entrance to the Timberline Subdivision that was clearly marked, that would identify for people this is where you are going to cross, from a topography standpoint there is visibility in that location. As you move to the east the road starts to slope down, but we felt like that's probably the -- the safest alternative for pedestrians and, likewise, you could do something out towards Meridian Road that-- oops. As you head east. Sorry, Joseph, if you could pull that -- pull up the -- the main map. Thank you. So, as you go out to Meridian Road, just sort of, again, I'm not sure how those properties to the east of us are actually going to be laid out and developed, but I think a good alternative would be to really clearly encourage pedestrians in that area -- get them all to the north side of Victory, you know, to provide the most safety as possible. And with that I think -- I think I covered everything. Joseph did a great job, so I can stand for any -- any questions that you have regarding our application or the solution that we have proposed to solve this frontage. We would ask that the City Council consider that condition of approval from Planning and Zoning and maybe accept our proposal in light of the fact that the irrigation district has said no and, then, we ask for your support for when we go to ACHD to try to resolve this issue, so that we can develop this community into much needed homes. Simison: Thank you, Bonnie. Just a question and a comment. Is the property to -- and have you spoken to ACHD about that crossing and the property to the west and are they open to that? Is someone going to put it in? Is that the plan? And a secondary comment, just so Council is aware, is down at the intersection of Meridian Road where you would be putting people, that -- there is no access to the roadway, it's actually a curved corner that does not have pedestrian access, unless you walk through the grass in that section. So, that Meridian-Victory intersection would need to have improvements as well if we are going to put people to that corner, because it does not have a safe crossing even to go across Victory -- or Meridian Road on that side, so -- but I would just be curious about, you know, the -- the first part of my question. Layton: Thank you, Mr. Mayor. For the first part of your question, the answer that we had from ACHD is you need to go ask the irrigation district. They were adamant that we did that, even though the irrigation district said, no, this is probably not going to happen. asked for -- Simison: I'm just talking about the crossing of the road. You are showing a pathway that crosses on someone else's property, if I'm not mistaken. The old pathway. It's on that -- Layton: Oh, I -- I'm sorry, Mr. Mayor. To be quite honest with you -- and, Joseph, jump in here if I'm mistaken, but I mean that wasn't even on the radar. It was like put this in in the irrigation easement and until you talk to them, you know, we don't have the authority to tell you, yeah, that would be a good option, because it's a very -- we actually have to appeal what the staff has recommended, which is put us in a rock and a hard place, Page 17 Meridian City Council Item#1. September 15,2020 Page 15—" because they have required us to put per their regulations a sidewalk in a location that we are not allowed to put it. So, we are kind of caught between two agencies. So, we are trying to come up with a thoughtful, safe solution for the residents of the community in the entire area and so that would be our appeal is to put it there, you know, and that's why we are asking -- we would be asking humbly for your support on that. Simison: So, you haven't talked -- you don't have anything official from ACHD or the property owner to know if that would be amenable to them? Layton: Mr. Mayor, we are scheduled to be before ACHD on October 7th and that's what we would be asking for at that time. The entrance to Timberline Subdivision is going in -- the timing of that -- that's under construction at this point and so we -- you know, we asked to work with -- with staff on that to get that resolved. Simison: Council, questions for the applicant? Layton: Pardon me? Simison: I'm asking Council any other questions for the applicant. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Bonnie, thanks for being here. Appreciate the quick turnaround trying to engage the Army Corps of Engineers. I just -- I hadn't realized that you had got a response until I think Joe brought it up, so I was trying to glance through it during -- during your testimony, but I was --wanted to give you an opportunity to summarize a little of that. I didn't see that there was anything from the Army Corps of Engineers included in this. It's a fairly large packet that you sent us, so I didn't know if there was anything from them or just kind of what you have summarized from your conversation with them at the top. Layton: Thank you, Councilman Cavener. What we did is we spoke with the Army Corps this afternoon. We received the e-mail about 10.30, 11 :00 o'clock this morning and got right on the phone. I left a message -- Matt Monger in our office also left a message. We finally got a call back. Just looking at the history of that site -- and I included I believe Joseph's -- it was late, I was trying to, you know, really go through everything and make sure that I addressed it thoroughly. So, basically, in regard to the issue in that letter that we received really last minute, you know, this issue hadn't -- hadn't come up and looking at the history of the site, as you know, these are former sewer lagoons that were decommissioned and when I looked at the -- at the site there was -- I went online and it clearly states -- and I think you can see it in my letter that I wrote -- that the mapping was done in this particular area in 1981 with infrared imagery, so it picks up -- there is areas -- according to staff at Army Corps there is areas that it picks up that aren't applicable or not actually what -- what they think it is and, then, other areas that should be in there that aren't and so we tried to address this as quickly as possible. Our clients sent over the Page 18 Meridian City Council Item#1. September 15,2020 Page 16 of— report that they had in their files, which was the final decommissioning report done by Keller and Associates in 2014. 1 think that did a really great job of outlining what actually was the site condition throughout the history of the property. So, if -- if we look through that report those -- the first portion of the lagoon, the smaller one where that blue bubble is on -- on that screenshot that was sent over from the comment letter today, that was actually the first part of the lagoon and, then, the second part, the larger part, was added in the early '90s. But in between adding of that, that's when this infrared LIDAR at one to 58,000 foot level, flew the site and picked it up as, oh, this is a wetlands, no, it was -- it was sewer lagoon. In the '90s when that north piece was added, they did a lined pond on the larger one and they lined the smaller one and aerated it, so it really functioned as a sewer lagoon the entire time, it was just a mislabel from a 58,000 foot level perspective on some antiquated infrared from 1981. So, those maps don't necessarily get updated all the time and, again, there is -- sometimes there is things that are in there that are not applicable and vice-versa. So, looking through the history of -- you know, thankfully we have got this decommissioning report and, you know, this has been a dry site since 2014. 1 mean I think the report is very clear and thorough on that, that -- that the city helped drain those ponds and over the years fill has been brought in prior to my client, the applicant, acquiring the property even and as I noted in my letter -- I think in the last paragraph, that the drainage pond that's on the south end of the property actually is a man-made drainage pond, but an amenity that we are keeping. So, there is actually a viable wetland that's not identified on that -- or a viable water amenity that's not identified in that mapping system. So, it -- you know, we are not losing anything, but we weren't really losing anything to begin with, because it was a sewer lagoon and not a wetland. So, it was kind of long-winded, but hopefully that -- Cavener: I appreciate it. Layton: You know, I know those are sensitive topics, so -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Thank you. I would like to get the applicant's reaction to just floating out there the possibility of a continuance. If we were to continue this application would that give you, you know, time to work with ACHD on a solution and kind of come back to us with a crosswalk that -- that's been kind of flushed out and sort of -- perhaps that even would give us time to work a little more on a comprehensive solution for the -- for the whole area with the irrigation district. I'm just curious how you would react to that -- to that approach? Layton: Council Woman Strader, thank you for your question. What we were hoping to get from you is an acknowledgment that maybe this is a good alternative that you could support in light of this very unique and specific condition in this corner and it doesn't -- there is no pathway on this side that shows up in the city plan, there is no five year plan forACHD, you know, so we are, essentially, as I mentioned, sort of stuck between a rock Page 19 Meridian City Council Item#1. September 15,2020 Page 17—" and a hard place on that trying to figure out -- I -- it would be great to be able to go to ACHD and say that, yes, in this instance the city, you know, does believe that this is a viable and a safe solution that achieves the same objectives, which is to move pedestrians through the area. So, I mean if we -- if it was maybe a condition of the final plat or approval of the final plat, so that we could keep moving forward. I'm concerned that we will get in this back and forth -- well, get the approval from the city, get the approval from -- you know, and we will just keep going back and forth, back and forth. That is my only concern, respectfully, Council Woman Strader. Strader: Mr. Mayor, a quick follow up? Simison: Council Woman Strader. Strader: Yeah. I guess just to react to that a little bit. No one wants you to be caught in a bureaucratic feedback loop that leads to nowhere, believe me, but I guess I'm not convinced that the case has been made that this crosswalk is safe and I think that's a big concern of mine. That solution -- I'm not sure I have been presented personally as one of the members with a full solution that I feel comfortable with yet. I'm hearing there is a hairpin turn and there is cars flying down this road, how do we know that that, you know, crosswalk I guess would be an adequate solution? I just don't see how -- personally I'm just not there yet. Simison: And, Council Woman Strader, I'm going to piggyback on your -- your comment, because what I -- what I have heard so far is that this is an area that has a lot of interest from several different people in developing it. We don't know -- and ACHD doesn't necessarily have a plan, but we have one opportunity to get this area right and making a -- well, I'm going to call just a -- well, let's go that direction, because that seems to be the easiest as compared to working with the neighbors to the east, working with the irrigation district and working with ACHD and the other property owners to come up with a plan for how this entire intersection and roadway to this area is going to function, because I don't feel like I have any idea I mean at all of what the long term vision for this is, whether it's density or, you know, traffic patterns or otherwise. But it's a real challenge to try to suggest that this is something that we should do today and if moving this forward with so many questions when there is a -- obviously, a group of people that have an interest in developing this area that could work together to find the best long-term solution for the community. That's -- so, I'm piggybacking on your statement. I would even go further the continuance -- a short term continuance is probably not the best interest, but a longer term conversation to get to the real viable solution for the future. That's my two cents. Because I have -- what -- what is ACHD's need to make this roadway really work. It may not be on their five year work plan, but I guarantee you the way it's designed now is not what their needs are going to be long term. And I see Mr. Lucas is there. Perreault: Mr. Mayor? Simison: We could bring him in if necessary. Council Woman Perreault. Page 20 Meridian City Council Item#1. September 15,2020 Page ——— Perreault: Just wanted to make sure I understood Joseph's statement when he was doing his presentation. I thought I understood him to say that Council -- that there is not any kind of waiver that we can do of this -- I mean it's an ACHD requirement, essentially, so there isn't anything that allows us to -- to grant-- essentially to grant this at the applicant's request for us to -- to grant an approval. We really can't essentially do that is my understanding. Is that right? I mean we don't -- we don't have a mechanism in our code that allows us to overlook ACHD's requirement. Dodson: Council Woman Perreault, Mr. Mayor, so what I meant by that is there is no avenue for Council to waive that requirement from our code. Not ACHD's Obviously, we are competing agencies, so to speak, but there is no way for us to say you don't have to put in the sidewalk at all. That's the key point -- Perreault: Okay. Dodson: -- there and that's not something that we want to encourage either. You know, as Bonnie has stated, we are -- we have been working through this for months now trying to figure this out and work with the different agencies involved. I do have a -- the final plat for Timberline, if I could show that for Council Woman Strader and for the benefit of the Council to show where the pedestrian crossing that Bonnie was speaking about would be, just to clarify that. I will share my screen maybe. Okay. So, this is the approved final plat for Timberline No. 2. So, Jocelyn Park is this property abutting to the east. All of these streets will have attached sidewalk. This is a common lot that will have a micro pathway to it connecting to the sidewalk out to Victory Road here, but Timberline is stopping the sidewalk right at the edge of the canal easement, which, actually, is not even all the way to the property line, it's actually even a little bit further into the site than that. So, my first comment regarding that was to potentially count the sidewalk -- the detached sidewalk from Victory to be the attached sidewalk on the proposed local street, because there is this connection out to Victory here. The second option that Bonnie has brought up is to say -- to build the pedestrian crossing up here from this road up north to the pathway on the -- well, it's actually just a sidewalk that, then, connects to the pathway to the east on the north side of Victory Road. So, Councilman Strader, that she -- Bonnie was referring to how bad the further east part of Victory Road is, whereas here is a little flat area, visibility on both east and west of this crossing if it were to be used as a pedestrian crossing. So, I just wanted to clarify that for everybody, so they kind of understood the placement. Strader: Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: In theory I would be comfortable with that, but to Councilman Strader's point I still think there is more work that needs to be done before I'm ready to make a decision and have a comfort level that that -- that that is a solid plan for a pedestrian route. I don't Page 21 Meridian City Council Item#1. September 15,2020 Page 19 of— know if maybe you could provide some more information for when -- when or if the pedestrian crossing is going to be implemented and any information, conversation you have with the Timberline developers. I don't know if they are the same group that is developing -- or is going to be building in -- in your subdivision as well, if -- if that's the case maybe it will be a little bit more fluid of a solution. But I don't -- I'm kind of torn as to whether I need to see a follow-up plan on the entire area before I approve this, but I definitely want to see a solution for the pedestrian route. Simison: Yeah. Council, any further questions for the applicant? Okay. Thank you very much. Layton: Mr. Mayor, I have a question. If we were -- in talking with ACHD if it's something that's even on the radar for the city, you know, to consider in terms of a viable interim option to provide this crossing until there is a longer range plan for maybe straightening -- straightening out Victory Road or handling, you know, how that Ridenbaugh Canal, you know, makes that very unique bend in the area. But, you know, to staffs point, you know, we have worked really hard -- they didn't have any authority to say, you know, yes, we can or can't support something, that really has to come from Council to say, yeah, we would support this, maybe investigate that a little bit more potentially for the crossing there that, again, maybe it's an interim solution, but probably the safest option until there is a longer range plan, to Council Woman's Perreault and Strader's points, just so that we can keep moving forward with the project. Simison: I -- I think that will be something Council will consider as they consider this application. Layton: Thank you. Simison: All right. This is a public hearing. I know we do have someone in the audience who is here to testify, but for those that are on the Zoom call as well, if you would like to provide testimony on this item, please, use the raise your hand function at the bottom and we will bring you into the meeting. But Mr. Clerk. Johnson: Mr. Mayor, Chev Campbell. Simison: If you can state your name and address for the record and be recognized for three minutes. Campbell: My name is Chev Campbell. I live at 3505 South Peoria Way in Meridian, Idaho, in Meridian Heights Subdivision, adjacent to the pond in the Jocelyn Park Subdivision. I'm here to talk about four different key items. If I'm able to have you guys pull up that revised plot map that was used earlier. Johnson: Mr. Campbell, I know you are a little taller. If you could speak into those if you can so people can hear you. Page 22 Meridian City Council Item#1. September 15,2020 Page 20—" Campbell: Sorry. Johnson: No problem. Yeah. It will pull up a little bit, too. Campbell: Is that better? Thank you. I live adjacent to the south pond. I'm the largest piece of property to the west. My main concern with this is in 2001 my family had the canal tiled over in our backyard, just as they are suggesting to do for the canal for the sidewalk, and on there it states that the adjacent land is a retention pond for drainage, as well as the Wilson Creek Wetland Watershed. So, I do --would like to know if that's being protected as it's stated in the county regulations. The second part of it that I was asking -- or wanting to know about is the lot sizes. When this was first brought forward to us there was only going to be 23 homes built in this area and, of course, everybody in our subdivision was like, great, nice big pieces of property, just like we like in Idaho. Well, we are small property sizes in regards to a lot of properties adjacent to us. This new subdivision that's going in, Jocelyn Park, the lots are three-quarters the size of even our lots. So, once again, it's narrowing how much open space we have. The second part of it that directly relates to that is the park spaces. The new subdivisions that have gone in, Timberline -- I don't recall the one that's directly south to where Timberline is now, but they had posted in their parks that the parks are only for the homeowner use only and that we do not have access to use them and at the same time Meridian city dismantled the pumphouse and killed all the grass in our park in our subdivision and now our subdivision has no park, no green space, no open space for our children to play. The second part on the sidewalk issue -- our subdivision has no sidewalks connecting it to the rest of the city. None whatsoever. Our children walk along 55 mile an hour roads to get to where they want to go, including their schools, which is very very difficult and very worrisome to us parents. The main school that a lot of the children are attending is either Mary Mac or Victory. Both great schools. Ones that my children have attended. Love them. Great teachers. Great everything. But now they are going to have a hard time, as they always had, to access that school, because they have to walk along busy roads. So, I urge the Council to make sure we find something that gives a good sidewalk for our children to walk along to get to school. The last part that I was concerned about is -- is purely with the ponds and the wetland -- or the ponds and the wetland. Yes, that was a sewer pond before, two of them were, but the last pond has always been Wilson Creek Watershed and a retention pond for the neighboring subdivisions. It was never part of the sewer system at all. The two ponds that were north of that were part of the sewer system and one of them was not lined and the other one was lined. I watched day to day as the non-cleanup happened when it was addressed. They came in, took down the fences and bulldozed over the land, even when it was still wet with water. So, that was an inaccurate statement. I have pictures of it to show it. I did not know I was going to need to have that information today or I would have brought it. Sorry, I have a hard time breathing with the mask on. And I would gladly work with the City Council and I could provide that documentation if needed. That basically addresses most of my concerns. I don't know if anybody has any questions for me. Simison: Thank you. Council, any questions? Page 23 Meridian City Council Item#1. September 15,2020 Page 21 —" Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Chev, thanks for your testimony being here tonight. Help me be -- make sure that I'm seeing this through your eyes. So, it looks like there is a pond that's being retained. Is that -- is that the same pond that you are referring to that is kind of the -- kind of called a wetland pond? I just want to make sure that what you are talking about is the same thing that the applicant is talking about. Campbell: Yes. Cavener: Fantastic. Great. Thank you for that piece. Mr. Mayor, additional follow up. Simison: Councilman Cavener. Cavener: Chev, you touched on a piece in -- and while I'm familiar with the south side, I'm not super familiar with your neighborhood. You indicated some concern about that the city had destroyed your -- your grass in your-- in your common area. I'm just -- if you could maybe -- I don't know if you are -- if there is a way to point us in that direction and maybe articulate, yes, what happened and, then, I may have a follow-up question for staff about that. Campbell: Yes. Is there a way for me to go through the images on here for -- or can you change it back? Go back -- I guess -- that one right there. So, this large lot that's at the bottom of the image -- Cavener: Uh-huh. Campbell: -- and, then, there is a small one with two little structures that you are moving your mouse around right there, that was our old water system. That's where my whole entire subdivision got its water from and that was a landscaped and sprinklered field. I don't know the relative space of it, but it's big enough that our kids used to play catch in it and have nerf wars and picnics and lunches and that was the only green space in our entire subdivision and since the well was decommissioned, which I believe it was a week and a half ago that they finally got it capped off, but over -- basically at the beginning of the summer they turned off the sprinklers and killed all the grass in the entire area and so now we have absolutely nothing for our kids to play on. So, our kids play in the street now, which is very very dangerous, because we have anywhere between two and 15 trucks that come in to dump dirt in this field that they are trying to fill in and they don't cover their loads and they don't follow the EPA dust requirements either. Cavener: Mr. Mayor? Simison: Would you like Mr. Stewart to respond to that? Page 24 Meridian City Council Item#1. September 15,2020 Page 22 of— Cavener: Yes. I was hoping that maybe Mr. Stewart would be willing to kind of give us a status update from the water department on that particular piece of grass and what the department's intended use is and just maybe educate the citizens about what they could expect. Stewart: Yeah. Mr. Mayor, Members of Council, that was a well lot and it was never -- just to clarify, it was always a well lot. It was owned by Meridian Heights and -- and Kentucky Ridge together to provide a well to the water system. When we took over that was transferred to us, so that lot, if I understand correctly, is -- and I believe I do -- that is a City of Meridian lot, but that well had uranium in it and so we abandoned that well, according to the DEQ requirements and have decommissioned the site. The building itself was honestly scary to go into, because it had wasps nests all over the place. So, I don't know -- it was never a park. It was never intended to be an amenity for the subdivision. It was always intended to be a well site that provided water for that development. Ultimately I suspect we will someday either construct a new well on the site to a different aquifer or we will try and auction or get rid of the property. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Warren, just for clarification, it sounds like, though, that maybe we are not maintaining that same piece of property to the same level that it was when we acquired it. Is that accurate? Stewart: I can't tell you for sure. I haven't been out there in a while. But I would suspect that that is correct, that we have not watered that --that site. So, we will have to maintain it to keep the weeds mowed and things like that, but we would probably not be watering it, since it's been -- it's basically a vacant lot at this point. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Warren, from a -- is there a -- I'm not trying to jam you up here, but I'm just trying to understand the -- we acquired this piece of property -- I get from the neighbors' perspective it looked really good when it was into the neighborhood's control and now that it's into the city control -- normally we have got a reputation of improving stuff when we take it over and it sounds like from the -- the neighbors' perspective that that's not the case. It sounds like maybe from your perspective that may not be the case, too, and I'm just -- I'm just trying to wrap my head around -- if there was just miscommunication or something slipped through the cracks or what it would take for us to -- if it's -- if it's water we seem to be in a pretty good business with water. I'm just trying to figure out why we couldn't water the grass for them, so that their neighborhood looks at the same level it was when we took it over and maybe I'm missing something here. Page 25 Meridian City Council Item#1. September 15,2020 Page——— Stewart: Mr. Mayor, Members of the Council, Councilman Cavener, I will have to look into it. The bottom line is that the sprinkler system that watered that lot was part of the well, although I -- I don't think so, because the well hasn't been run. The well didn't run when we acquired it. The well had been -- essentially, they had stopped using the well because it didn't meet regulatory requirements. We acquired the site as part of the takeover of that system. We have abandoned that well, because it's no longer usable. I don't know if -- I haven't been out to the side, I don't know if it's been sprinkled or not. I will take the gentleman's word for it and it's probably not been sprinklered, but it should be -- like all of our pieces of property that we purchase that are vacant lots that we plan to eventually do something with, we try and keep -- you know, keep them mowed, the weeds down and so forth, but we don't necessarily irrigate them, because our plan is to either get rid of them -- I think in this case we will ultimately try and sell this land. Get rid of it. So, it really is -- so, just what it would take to irrigate again. Simison: Mr. Stewart, perhaps you guys could find a way to engage with representatives here and have the conversation about what this -- and if that is the intention of the department. I mean, obviously, we do have processes to get rid of property, so you can't guarantee it, but at least engage in conversation with the neighborhood in the short term. Stewart; Sure. I would be happy to do that. Simison: Okay. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I had a question for Mr. Campbell. You talked about no sidewalks along roadways. Were you talking about Victory, Meridian, your streets? Campbell: I do want to clarify that for you. Our -- inside of our subdivision it's completely sidewalked. But to leave our subdivision anywhere there is not a single entrance with a sidewalk that takes you out of our subdivision, except one, which is South Bear Claw, which connects Timberline to the other new subdivision that went in just adjacent to Meridian Heights. Willow Creek Heights is I think my specific area. Hoaglun: And, Mr. Mayor, to that point, I was -- I was previously on Council when we were handed a -- a very difficult situation. This was a county subdivision that the sewer system was failing and the DEQ was requiring immediate action and we had to come up with -- Mr. Stewart and the Public Works folks worked very very hard to come up with a plan and not break the bank of the residents. I mean this was -- this was a difficult deal and it wasn't fair to hand the problem -- to the ratepayers of Meridian to fix it, because it's not their problem and this -- this was a very difficult site. It kind of gives me -- breaks me out into a sweat a little bit when I think about it again and -- because, you know, we had a real situation where we wanted people to have an adequate sewer system that functioned well, but at the same time we had to do it within very limited means of the Page 26 Meridian City Council Item#1. September 15,2020 Page——— property owners and city residents and that was -- that was a lot of work and now I -- when we -- when we look at this site now in terms of the sidewalks -- we were on a pathways tour -- I'm liaison to Parks Department and our pathways tour went on this site. So, we came from the southeast corner of Meridian and Victory, you have to cross on the east side across Victory on Meridian Road and, then, you cross on the north side on Victory to cross Meridian to get to the ten foot path. There is no -- no route anywhere else and -- and we want our pathways -- and I'm sure everyone on Council knows to try to follow the canals as it is on the -- on the north side, it follows the Ridenbaugh. But for whatever reason it was not allowed by the irrigation district to stay on that course and come across to that -- to that south side, hence the pathway being on the north side. So, I think we are dealing with an issue here that -- to Council Woman Strader's question about the irrigation district allowing something to happen, my guess -- I thought the Mayor was generous and I was slim to none. So, we -- in dealing with them on this issue. So, it -- it's one of those things -- I think we are going to have to figure an alternative planned pathway. Now there is some good questions raised about where does a crosswalk work to get to those -- to that pathway, where does that go to. What sidewalks we use. What about the property to the east and those types of things. But I appreciate you, Mr. Campbell, bringing up some of these issues and things that we have to deal with, but I'm glad we are getting things a little more dialed in than it was way back when, because that was -- that was a -- that was very difficult. It was one of the hardest things I had to deal with while I was on Council at that time, so I'm glad it's worked out, but understand your concern and what you want to try to do here to keep things nice and a nice place for your kids. Campbell: Yeah. That's what we are looking for. Simison: Any further questions from Council? Okay. Thank you. Campbell: Thank you. Simison: Mr. Clerk, do we have anybody else signed up to testify or raise their hand? Johnson: Mr. Mayor, no one signed up or raised their hand, except that Mr. Lucas from ACHD has raised his hand. Simison: Okay. Johnson: I'm bringing him into the meeting now. Simison: Mr. Lucas, you are recognized when you are ready. Lucas: Mr. Mayor, Members of the Council, first off can you hear me? Excellent. Excellent. I just wanted to, you know, stand up and offer myself to answer any questions. I think the applicant and city staff adequately described the -- you know, the conundrum that we are in here. I just did want to clarify that, you know, staff when we -- when we issue our staff report from ACHD, you know, we are required to follow the codes and Page 27 Meridian City Council Item#1. September 15,2020 Page 25 of— policies of the highway district, which require sidewalk facilities, and that is why we were so adamant that the applicant, you know, work with the irrigation district to try and get that sidewalk on one of those canal roads and I -- I don't believe that ACHD's development services staff have had the opportunity to review any alternatives or any potential crossings or anything like that, so -- so, I wish I had all the answers tonight, but I don't and I certainly don't want to get in front of the ACHD commission, which would have to hear any appeal or special consideration on this application. So, with that I can stand for any questions. Simison: Thank you, Mr. Lucas. I'm going to ask you a very unfair question, but to your knowledge if ACHD were to rebuild this road, based upon what you know about this current road, would you see it being built in the same basic manner with the pin and -- the hairpin turn and the drop in elevation or would you see likely modifications to this road if it were to be rebuilt? Lucas: Mr. Mayor, Members of the Council, you know, this is the type of situation where ACHD would really have to do, you know, a pretty significant concept study to determine the right solution. As stated tonight, there is a lot of challenges with this roadway. The canal creates really significant issues when it comes to realigning the road and so this is where you have to look at several different alternatives and have some sort of, you know, design considerations and -- I guess I'm giving a very long answer to a straightforward question, which is it's going to be hard and it's -- it's likely that there is going to be some significant reconfiguration in this area. Simison: Perfect. Thank you. And I won't hold you to that. Lucas: Thank you. Simison: Council, any further questions for Mr. Lucas? Thank you, Justin. Lucas: Thank you. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: Mr. Mayor, Members of the Council, just to put another option out there that -- before we close the public hearing, something that I had --the staff had mentioned before, but as Lucas -- Mr. Lucas discussed, they had not really heard many alternatives until such time that the applicant makes a formal appeal, but something I think could work is putting up a trust for the sidewalk, knowing that this area of the road is going to be completely redone and reconfigured at some point in the future. That way we make sure that we have some avenue to add a sidewalk or at least mitigate the cost for a sidewalk, rather than just giving it away for free, not that we are trying to do that, but -- and, then, also potentially doing the pedestrian crossing as an interim solution, as Ms. Layton stated. That's just, again, one of those things that we can't and shouldn't just waive the Page 28 Meridian City Council Item#1. September 15,2020 Page 26 of— requirement, but at the same time I don't know that it's fair to the applicant to stop the entire project for something that is not a hundred percent in their control. So, I just wanted to make that clarification. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess just -- you know, I'm struggling a little bit with how to look at that; right? I mean presumably when this property was bought, understanding the canal and -- and the various aspects of the site were part of the due diligence process, so I -- you know, I'm struggling a little bit with just saying that we shouldn't punish an applicant for a situation out of their control. I mean presumably they were aware of the situation when they did their diligence. Simison: Thank you, Council. Is there anybody else that would like to testify on this application? If not, I would invite the applicant to come up and close. Layton: Thank you, again, Mr. Mayor, Members -- Members of the Council. In response to what Joseph just brought up, that was one of our suggestions was -- it's not that we don't want to contribute to the improvements, but, you know, is there some sort of road trust that we could potentially do or, you know, if a variance -- if a structure was defined as -- if a sidewalk could be included as -- in the definition of a sidewalk being a structure, then, maybe it would comply for a variance. You know, at this point it -- as everyone has discussed, there are some longer range issues here that will take more than just our frontage and so that's where we thought maybe the road trust would be a good solution for that to provide much needed homes and to comply with some of the object -- other objectives of the Comprehensive Plan and to grow the community and in the interim, you know, evaluate that -- you know, the potential and discuss with you folks this evening if -- if that's even on the radar that we could provide, you know, something -- a crossing to the west as -- as a temporary alternative until some of these bigger issues get resolved. If not, you know, it, essentially, condemns our project from a -- from a development standpoint, because there is just -- we don't have an opportunity to put in anything. So, we have been really trying to work with -- with -- city staff has been great and ACHD staff and really in our conversations, you know, we understand that staff can only communicate to us what the requirements are and, then, it's individuals like yourself and the commissioners at ACHD to make any determinations that maybe can vary from that. You know, we feel like it's a very unique situation. The infrastructure is there with the canal and the road, but the topography of the site and just really at least let us keep moving forward in this process as we go through, you know, and develop our plans for final plat and try to get this resolved and it's not in the five year work plan on your pathways, it's not on the ACHD plan, I don't know if that's something that can be modified or -- it sounds like, according to testimony tonight, that there is concerns in the -- in the entire area, not just this branch, but appreciate your time this evening and could stand for any additional questions. Page 29 Meridian City Council Item#1. September 15,2020 Page— of— Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Real quick question regarding when -- when is your meeting with ACHD? It's October 6th? Layton: 7th, I believe. Hoaglun: 7th. Wednesday. Okay. Layton: Yes, Councilman. Hoaglun: Okay. Thank you. Simison: Thank you very much. Layton: Thank you all for your time this evening. Appreciate it. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we close the public hearing for H-2020-0067. Simison: Motion dies for lack of a second at this time. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm certainly supportive of fellow Council Member's motion, but I just thought Council Member Hoaglun started by saying this has got a little bit of a sticky wicket and sticky wickets tend to create more conversation. I just think it's best to keep the public hearing open in case we need to reach out to the applicant again. Hoaglun: Mr. Mayor, just to -- Simison: Councilman Hoaglun. Hoaglun: -- throw some things out there for discussion purposes, I am interested in seeing what ACHD can do or will be doing, but-- and -- and I know that's a delay for-- for the applicant, but sometimes I think, Mayor, you made a point about making sure we get this right and even, then, we don't know if whatever happens will be an answer that will work, but I would like to see what another agency can do in this situation. I also recognize the fact that to not do anything doesn't solve the problem. There will be no access. I Page 30 Meridian City Council Item#1. September 15,2020 Page——" mean that's it. Nothing will be done. And I think there are solutions there that we could look at, but there is that unknown about where the crossing goes, how does it work, what about tiling the canal. I -- you know. I know they do laterals and they do other smaller drains and other canals, but I haven't seen them tile the Ridenbaugh or New York Canal or anything like that. I don't think that's done. I think there has been bridges and crossings, but as far as tiling I -- but I'm not positive, but I don't think that's -- that's done. So, we have to deal with what we have here and -- and I think there is -- there could be a solution that creates a pathway from the subdivision going in on the west to this subdivision and potentially down the road for development to the east that gets people to that intersection and -- and we got to deal with some things over there, so -- but I think we don't want to be too hasty in moving forward until we get more information on that, maybe look a little bit more, Joe, on -- on the trust and what -- what that is involved with for this type of project. Our code, Mr. Nary, on what we can waive and can't waive and making sure we do not get into a situation there. So, that's -- that's just my thinking on it to see if-- see if we can get some answers first and, then, make a more informed decision later. Simison: Thank you, Mr. Hoaglun. I will just weigh in and from my perspective is a sidewalk on the south of this road doesn't make a whole lot of sense next to the canal. You are really not accessing anything from here to the intersection, but a safe passage on the south side of the canal does make sense and I think that that does lie to the property to the west and I think that that requires planning and coordination to create a alternative route for people on this side of Victory to make it safely down to Meridian Road in that area, because that's ultimately the only place that -- if you have a sidewalk on this side of the road the only place it's taking us to is the intersection. So, how do you safely get from this property to the intersection. To me it's through the property to the -- to the west -- to the east, unless the road is completely reconfigured in a way that, then, a sidewalk may make sense. So, I'm -- you know, I can't sit here right now and say a sidewalk, you know, makes sense from that perspective, but a plan makes more sense and not a cross here now and wait and see what happens in the future. That to me is not a plan and we -- we know we have a property to the east that is wanting to develop. They have had plans, they -- they are an open, willing partner to discuss a solution, but I think that there needs to be some investment made to find a viable solution that can be done. A ten foot multi-use pathway through this property and through the property to the west doesn't have to be on our pathways map, they can still be put in to solve the issue for everybody from that standpoint and, then, leave the road to ACHD in the future to figure out. That's my two cents. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think to that point I initially wasn't incredibly warm to the idea of a continuance, but the more I think about it I think not only does it give an opportunity for Council to hear from ACHD, I think it also creates an opportunity for the applicant to work with the -- the owners of the property to the east and maybe bring back some additional creative Page 31 Meridian City Council Item#1. September 15,2020 Page——" proposed ideas for us to at least consider. If I'm not mistaken, I think that project, though, to the east was withdrawn. Simison: Correct. Cavener: So, again, that also creates some opportunities to -- to maybe work collaboratively hand in glove to bring forth something that--that meets our needs. I agree with you, Mayor. I don't think that just a sidewalk there makes sense by itself. Getting people to Meridian Road is -- is, obviously, the end goal, so -- I know we are not at a point where the public hearing is closed and we are making a motion, but I think using this opportunity between now and the ACHD meeting to explore some creative solutions is a good opportunity for the applicant and for the city. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. I -- I think I am -- most strongly relate to Councilman Hoaglun's comments and I -- I really am concerned about the element of us, you know, not -- not being able to waive and not -- shouldn't be able to waive our city code in regard to completely just -- you know, there isn't really any way for us to waive the requirement for the sidewalk. So, I don't-- I would like some clarification before we get to the next meeting where we will -- we will be making a decision from our Legal Department about how that will work for us, because I guess where I'm still struggling is -- is, you know, this is a requirement that we cannot waive, so how -- even if -- even if the applicant -- and I think the applicant's done a really good job trying to find solutions for this. I mean I applaud them for all the hard work they have done, even if they provide us with a greater solution regarding the pathway -- the multi-use pathway to the north. Are we -- are we still going to be able to approve the application as it stands without a sidewalk. Just -- just wanted some clarification on that. The applicant can go and pursue all these other options and alternatives and I think they should, but if that's one thing that we can't change, I think we are going to be challenged to make the decision again, so -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I support a continuance. I think that would -- you know, I would encourage the applicant to really work with the city and the, you know, property owners next to your property to try to come up with a solution. I tend to think that we do need just a broader plan for the area. I take Councilman Hoaglun's point that, you know, right now there are no -- no improvements and no pedestrian access and connectivity, but I still don't want to be hasty in approving -- a solution hasn't been presented that has a full vision, that has safety concerns in mind, that has a rationale of why this is the right place to cross and how that interacts with the traffic and we really need to see it laid out. I think we need kind of a fuller solution, even if it's an interim solution, but we need something that's more Page 32 Meridian City Council Item#1. September 15,2020 Page 30—— flushed out. I'm just not comfortable with it right now. Ask the applicant if we have a continuance do you want that to go past the ACHD meeting? Would you like a few more weeks after that? Maybe some feedback on -- on the right timing. I'm not sure I understood what -- what that was with that meeting. But that's my feedback. Simison: Thank you. Would the applicant like to provide comment to that point? Layton: Mr. Mayor, Councilman -- Council Woman Strader, you know, ideally we would like to keep this moving forward as -- you know, as expeditiously as possible. You know, we were hoping to get on the -- on the 23rd agenda with ACHD. We were told that it would be the 7th. You know, we would like -- we would like to keep moving forward. Tonight to me what I'm hearing from you is that you're possibly open for maybe some sort of alternative compliance or something that maybe is supported by -- by Council would help solve this issue in the short term or in the interim until there is a longer range plan and funding available first and larger capital improvements, but I would like to try to move this quickly as -- keep moving forward as quickly as possible. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, on that particular point, we will take a look and see if that's an alternate that we can support. I would remind the Council, again, this property is already annexed and it already has a preliminary plat that's been approved that I think expires is partly the discussion. So, I know you are looking to expand it, so that's really the decision point, but I mean this property already had an approval to move forward and entitlements, so we do want to remember that that's still out there and this is an already entitled property, it's not an annexation. So, it is slightly different than many of the applications you see. But we can look at this particular issue, because I think that is a big sticking point for -- for this -- for the plat that was probably approved, as well as this, so -- Layton: Thank you, Mr. Nary. And also if I may add just in terms of the questions about the parcel to the east -- and, Joe, if you could bring that back up. There was that larger application that was -- has just been withdrawn, but that barely touches our northeast corner and I don't know if you have got a Google Earth image or a Land Pro image that you could pull up there, but the majority of -- let's see. Not sure the -- do you have a Google Earth one? No. Okay. All right. Yeah. Right there where your arrow is. That's an -- that's an outparcel that was not part of that larger application that had just -- just been withdrawn and that one was a pretty substantial piece. It's four acres it looks like, according to my records, so -- and that's -- so, when you look at the property lines in there in terms of continuing -- because we had talked about maybe we do a path through the park that's on our north end and it's like, well, we have got the sidewalk right there, so that would seem to be somewhat redundant and, you know, Joseph was great at looking at, okay, how can we make this work and connect along the street in this area, just given this very unique geographical situation, so -- Page 33 Meridian City Council Item#1. September 15,2020 Page 31 of 34 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question for the applicant. Ms. Layton, I just want to reconfirm. It does look like you provide two access points to that property to the east. They are in the north side and is that Winnipeg I think down in the south side. Does that-- or does Winnipeg already go into the existing development? I can't tell from that. Layton: Councilman Hoaglun, actually, what happens there -- Winnipeg right now as it exists there is a cul-de-sac there and, then, that's being removed as we develop the site and connect the roads through. So, yeah, right now it just turns around right there and, then, of course, we are providing the stub street up on the north section of our project. We are providing that stub street to that outparcel that's about four acres. Hoaglun: So, Mr. Mayor, follow up. Simison: Councilman Hoaglun. Hoaglun: I guess more of a comment, then, to the applicant that you are providing access points that could be part of the solution for us to get from west to east and vice-versa as we try to unravel this thing and put it back together in something that will work for everybody, so -- Layton: Yes. That is correct. And thank you for that clarification, Council -- Councilman Hoaglun. Hoaglun: And one last question and information for the applicant -- question for the applicant and information from the Council, I guess, is looking at our hearing schedule, on the 13th of October we have one public hearing and, then, on the 20th and 27th nothing yet, so just to -- as we look ahead and I -- and I recognize that for these developments time is money and -- but as you understand -- I don't think there is necessarily opposition, but at the same time we just -- we have to make sure we -- we are able to make this function in the -- in the larger sense, all the properties involved -- that will eventually be involved, so -- Layton: Thank you, Councilman Hoaglun, for your comments and that's why we had suggested, you know, trying to do something, you know, an interim alternative compliance, you know, a land trust, some -- or a road trust, something that we could, you know, keep moving forward, but, you know, ultimately, building a sidewalk that would be torn out, you know, next to a road that's unsafe. That was one of the suggestions. Just seemed like why would we do that. It would -- you know, we are just creating an unsafe situation and tearing out infrastructure eventually, which would cost more even just to tear it out, so I appreciate your comments and questions. Simison: Council, any further questions, comments, motions? Page 34 Meridian City Council Item#1. September 15,2020 Page 32—— Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm going to move that we close the public hearing on Item 9, H-2020-0067. Hoaglun: Second the motion. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? Just -- I will ask my -- I'm going ask a question, but Mr. -- if we -- if this was to be continued would it be preferred to be closed, since we would be taking additional information based on what happens at ACHD? Nary: Mr. Mayor, Members of Council, that's what I was curious, because if-- if the desire is to at least take whatever information or in some of the other -- you asked for a legal opinion about the road trust as an alternative compliance, you asked them to work with the neighbors to bring some information back to you, so I would suggest if so to simply just continue the matter to your next hearing date or whatever date you choose. Cavener: Mr. Mayor, I'm happy to withdraw my motion. Hoaglun: Second agrees. Simison: I have a motion and a second to withdraw the motion. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question for either you or Mr. Johnson is the public hearing that we have scheduled on the 13th expected to be lengthy? Johnson: Mr. Mayor, Councilman Cavener, I'm going to defer to Mr. Dodson. That is Modern Craftsman. I believe that was lengthy and it was continued and was not as lengthy the second time at Planning and Zoning. Do you concur, Joe? Dodson: Yes, Mr. Johnson. The Modern Craftsman shouldn't be that lengthy. However, I did have an application that should be continued from next week to that hearing as well for City Council and that's a time extension. That is not as simple time extension as it should be, but it will be there. So, considering the ACHD meeting is on the 7th, staff does recommend that we give, you know, a couple of weeks following that to make sure that we have adequate time -- by we I mean myself to work with the applicant, depending on any potential alternatives. Cavener: Mr. Mayor? Page 35 Meridian City Council Item#1. September 15,2020 Page 33 of— Simison: Councilman Cavener. Cavener: Appreciate that, Joe, and I don't want to overly burden staff. I want to try and kind of thread the needle between meeting the needs of the applicant and supporting you guys. I think maybe go right in the middle on the -- the 20th it sounds like we don't have any public hearings right now. So, unless I'm hearing any concern, shoulder shrugs, or not, I move that we continue Item 9, H-2020-0067, to October 20th. Hoaglun: Second the motion. Simison: I have a motion and a second to continue this item. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. It is continued. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: Council, next is future meeting topics. Anything under that item? EXECUTIVE SESSION 10. 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: If not, we will move on to Item No. 10. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code 74-206A(1)(a) and (f). Cavener: Second. Simison: I have a motion to go into Executive Session. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Bernt, absent; Borton, absent; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. We adjourn into Executive Session. Page 36 Meridian City Council Item#1. September 15,2020 Page"—" MOTION, CARRIED: FOUR AYES. TWO ABSENT. EXECUTIVE SESSION: (7:44 p.m. to 8:35 p.m.) Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we come out of Executive Session. Cavener: Second. Simison: Motion and second to come out of Executive Session. All those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FOUR AYES. TWO ABSENT. Simison: Councilman Hoaglun. Hoaglun: I move that we adjourn. Cavener: Second. Simison: I have a motion and a second to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it and we are adjourned. MOTION CARRIED: FOURAYES. TWOABSENT. MEETING ADJOURNED AT 8:35 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9 / 29 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 37 C � WE N DIAN --- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Item Title: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting Meeting Notes: CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN - IN SHEET Date . September 15 , 2020 Prior to the commencement of the meeting a person wishing to address the Mayor and City Council MUST sign in and limit their comments to the matter described below. Complaints about individuals, city staff, business or private matters will not be allowed. Testimony or comment on an active application or proposal that is or will be pending before Planning and Zoning or City Council is strictly prohibited by Idaho law. Each speaker will have up to three (3) minutes to address the Mayor and Council, but the chair may stop the speaker if the matter does appear to violate guidelines, varies from the topic identified on this sign in sheet or other provisions of law or policy. Print Name 1 Provide Description of Discussion Topic G carvoI� C a �� s�-/� r� C �,a es �CIC� ntj Purl I 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 1, 2020 City Council Work Session Page 3 Meridian City Council Work Session Item#1. September 1,2020 Page 34 of 34 being litigated but imminently likely to be litigated. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we go into Executive Session per Idaho Code 74-206A(1)(a) and (f). Hoaglun: Second the motion. Simison: I have a motion and a second to adjourn into Executive Session. Is there any discussion on the motion? If not, the Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (6:10 p.m. to 8:01 p.m.) Bernt: I move we come out of Executive Session. Cavener: Second. Simison: All those in favor say aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Bernt: Move we adjourn. Cavener: Second. Simison: All those in favor? MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8:01 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9 / 14 / 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 37 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement Between City of Meridian and Meridian Chamber of Commerce for Idaho Rebounds Funds Page 38 Item#2. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Tori Cleary, Community Development Meeting Date: September 15, 2020 Presenter: Tori Cleary Estimated Time: 0.0 Topic: Agreement between City of Meridian and Meridian Chamber of Commerce for Idaho Rebounds Funds Recommended Council Action: Approval of Agreement between City of Meridian and Meridian Chamber of Commerce for Idaho Rebounds Funds Background: Following early COVID-19 related restrictions and guidelines, the City began working with the Meridian Chamber to develop the Keep Meridian Healthy& Open for Business program to educate and assist businesses in reopening in a safe manner while adhering to Central District Health guidelines to protect employees and customers. The initial phase of the program featured customized webinars for various business sectors and live Q&A sessions with health professionals, public agency representatives and seasoned businesses successfully operating under the guidelines. A website (https://keepmeridianhealthy.org/) and collateral materials were developed to promote the program and participating businesses. Nearly 300 businesses have participated in the program to-date. The second phase of the program will include comprehensive marketing outreach to re-instill consumer confidence, ensure customers that participating businesses are adhering to guidelines, and encourage the community to support local businesses. On August 17, 2020, the City received approval from the State Idaho Rebounds Coronavirus Financial Advisory Committee (CFAC) to designate a portion of the City's CARES Act allocation for this program, not to exceed $36,440.83. Because CARES Act funds are allocated to the City,the attached Agreement is necessary to reimburse the Chamber,which has absorbed all costs to-date. Under this Agreement, the City will confirm expenditures,verify receipts, request State reimbursement for the CFAC-approved costs shown in Exhibit B to the Agreement, receive funds, and issue payment to the Chamber. Page 39 Item#2. AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE FOR IDAHO REBOUNDS FUNDS This Agreement is entered into this 14th day of September,2020 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and the Meridian Chamber of Commerce, a non-profit organization organized under the laws of the state of Idaho ("Chamber"). WHEREAS,due to the COVID-19 public health emergency,businesses in Meridian have suffered closures, loss of employment and loss of revenue, as well as operational challenges related to physical distancing requirements, gathering size controls, and heightened sanitation advisories; WHEREAS,to help address these challenges,the City of Meridian has partnered with the Meridian Chamber of Commerce to develop both an educational program to help businesses develop operational plans under the State of Idaho's reopening plan, and a long-term marketing plan to support business operations,re-instill consumer confidence and engage the community throughout the ongoing public health crisis ("Project"); WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR §200.40,from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid,Relief, and Economic Security Act,P.L. 116-136,42 U.S.C. § 601 et seq. (the "CARES Act"),the Governor's Coronavirus Financial Advisory Committee("CFAC"), at its meeting on August 17, 2020,preapproved City's request for funding of the Keep Meridian Healthy &Open for Business Program,as set forth in Exhibit A hereto; WHEREAS,City seeks to disburse CARES Act funds to the Chamber for the reimbursement of expenses incurred according to the budget set forth in Exhibit B hereto due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07,2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30,2020) (collectively, "CARES Act Rules"); and WHEREAS, City and Chamber wish to enter into a cooperative agreement for the investment of CARES Act funds for the purposes described therein; NOW,THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Chamber shall use CARES Act funds in an amount not to exceed thirty-six thousand, four hundred and forty dollars and eighty-three cents ($36,440.83),to purchase the goods and services set forth in the itemized budget set forth in Exhibit B. Chamber shall utilize CARES Act funds granted hereunder in a manner consistent with this Agreement and the CARES Act Rules. CARES ACT AGREEMENT—MERIDIAN CHAMBER OF COMMERCE PAGE 1 B. Current eligibility. Chamber certifies that Chamber is eligible to receive CARES Act funds, and that Chamber meets each of the following criteria: 1. Chamber has an official EIN. 2. Chamber has a Dun&Bradstreet(DUNS)number. 3. Chamber is not federally debarred from receiving funds. 4. Chamber has not received funds for the expenses for which these CARES Act funds are awarded from other COVID-19 grant or loan programs including,but not limited to,the Small Business Administration Paycheck Protection Program and Idaho Rebounds Grant Program. 5. Chamber does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 6. Chamber is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Chamber shall notify City immediately if, for any reason, Chamber no longer qualifies for CARES Act funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Chamber receives or applies for other funding sources for the expenses described in this Agreement, Chamber shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. 1. Getting Back to Business phase. Following delivery to Chamber of the goods and services specified in the Getting Back to Business phase of the Project, as described in Exhibit B, submission of receipts,verification of same by City, City shall submit to CFAC a request for CARES Act funds for Project in the amount of ten thousand forty dollars and eighty-three cents ($10,040.83).Within thirty(30)days of receipt of the requested CARES Act funds by City, City shall provide this amount to Chamber. 2. Re-engagement Marketing phase.Following delivery to Chamber of the goods and services specified in the Re-engagement Marketing phase of the Project, as described in Exhibit B, submission of receipts,verification of same by City, City shall submit to CFAC a request for CARES Act funds for Project in the amount of twenty-six thousand,four hundred dollars ($26,400.00). Within thirty(30)days of receipt of the requested CARES Act funds by City, City shall provide this amount to Chamber. The total amount disbursed from City to Chamber under this Agreement shall not exceed thirty- six thousand, four hundred and forty dollars and eighty-three cents ($36,440.83). E. Disclosure and retention of records. Chamber acknowledges and understands that records submitted for the purposes of compliance with the terms of this Agreement or law and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Chamber shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5)years after completion of all activities funded under this Agreement. The amount and recipient of CARES Act funds disbursed will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. CARES ACT AGREEMENT-MERIDIAN CHAMBER OF COMMERCE PAGE 2 II. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Chamber: City of Meridian Meridian Chamber of Commerce Attn: Economic Development Administrator Attn: Sean Evans 33 E.Broadway Avenue 215 E.Franklin Road Meridian, Idaho 83642 Meridian ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Indemnity. Chamber, and each and all of its employees, agents, contractors, officials,officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities,and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Chamber and/or its employees, agents, contractors,officials, officers, servants,guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of,resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Chamber acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. C. Uniform compliance requirements. Chamber shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. This includes, without limitation: 1. Chamber is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the governmentwide exclusions in the System for Award Management(2 CFR Part 200,Appendix 11, section(H). 2. Chamber must take all necessary affirmative steps to assure that small businesses,minority businesses,women's business enterprises, and labor surplus area firms are used when possible(2 CFR§ 200.321). 3. If Chamber enters into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work, Chamber must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements" (2 CFR Part 200, Appendix II, section(F)). 4. Chamber shall not use CARES Act funds for lobbying,political activities, or influencing or attempting to influence an officer or employee of any government agency(2 CFR Part 200, Appendix H, section (I); 31 U.S.C. § 1352; the Hatch Act(Title V, Chapter 15,U.S.C.). D. Nondiscrimination. Chamber will not discriminate against any employee or applicant for employment or services because of race, color, creed,religion, ancestry,national origin, sex, disability or other handicap, age,marital status or status with regard to public assistance. CARES ACT AGREEMENT—MERIDIAN CHAMBER OF COMMERCE PAGE 3 E. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five(5)days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period,the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Chamber ineligible for any further participation in City grant programming. 1. Termination for convenience. Either party may terminate this Agreement by, at least thirty (30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause,which shall include,but shall not be limited to,the following: a. Failure to comply with any provision of this Agreement,the CARES Act Rules, or any rule,regulation, statute, executive order, or U.S. Treasury or CFAC guidelines,policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts,reports, or documents that are incorrect or incomplete in any material respect. F. Repayment. In the event of termination for cause attributable to Chamber's acts or omissions, Chamber shall,within fourteen(14)days of City's demand,reimburse City for all CARES Act funds disbursed. G. Assignment. Chamber shall not assign or transfer any interest in this agreement without prior written consent of City. H. Non-waiver. Failure of either parry to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. I. Compliance with law. Throughout the course of this Agreement, Chamber shall comply with any and all applicable federal, state, and local laws. J. 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. K. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written,whether previous to the execution hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. CARES ACT AGREEMENT-MERIDIAN CHAMBER OF COMMERCE PAGE 4 MERID CHAMBER OF COMMERCE : By : Sean Evans , Executive Director CIT OF MERIDIAN : Attest : �Go�Q°RAteoq (j�Gs !� l n) of w f ID By : Robert Simi on, Mayor C ri h it Cle IDAH0 SEAL P �lho TREASV��� CARES ACT AGREEMENT — MERIDIAN CHAMBER OF COMMERCE PAGE 5 Exhibit A Meridian Business Recovery—"Keeping Meridian Healthy" Business Assistance Programs Adjust. Recover.Thrive. Business recovery efforts of the City of Meridian, in partnership with the Meridian Chamber of Commerce, align with recent direction of the Coronavirus Financial Advisory Committee to support local businesses as well as the Governor's Economic Rebound Advisory Committee's three key recovery phases: Rebuilding Employee and Consumer Confidence,Stabilizing and Growing Business, and Business Promotion and Attraction. Recovery goals are to minimize current and future impacts on local businesses, retain jobs, and facilitate recovery and economic growth. Proactive, extensive outreach is essential in order to inform, connect with and assist businesses in their recovery, as well as re-instill consumer confidence in the community. Nearly thirty percent of Meridian jobs fall into three of the industry sectors most impacted (illustrated through Ada County unemployment filings) by COVID-19 restrictions and closures: Retail Trade, Accommodations/Food Services, and Arts/Entertainment/Recreation. While many efforts have been implemented by pulling existing staff from their normal duties and by engaging gracious volunteers, a robust marketing has been developed to maintain momentum and inform the community. A. Getting Back to Business: Prioritize Safety Rapid response guidance helped businesses re-open, under CDH guidelines,to protect the community against the spread of COVID-19.The Keep Meridian Healthy& Open for Business program (https://keepmeridianhealthy.org/) was created to educate and inform businesses on how to adjust their operations and/or physical space to adhere to State and Central District Health (CDH)guidelines under the Idaho Rebounds Four-Stage Plan.The program,free to businesses, kicked off on May 2, 2020 and has engaged nearly 300 committed participants to-date. A series of 14 live industry-specific webinars with Q&A offered guidance from CDH professionals and others including business leaders who were already successfully implementing enhanced protocols, sharing real world guidance and experiences. Since the initial live broadcasts,dozens more have viewed the recordings available on the Keep Meridian Healthy website. Industry-Specific Webinars • Bars/Nightclubs • Parks/Organized Youth Activities • Corporate Offices and In-Home Services • Place of Worship • Financial Institutions • Preschools/Day Cares/Educational Facilities • General and Non-Specific Businesses • Production/Distribution Facilities& Direct Sellers • Indoor Gyms/Exercise Facilities • Restaurants/Dining Rooms • Medical Services • Retail Shopping Centers • Movie Theaters/Entertainment Venues • Salons/Parlors: Hair, Nails,Tanning& Beauty The second element of the campaign is promoting the participating businesses that invested resources and took the additional steps to go beyond the basic guidelines. Communicating these commitments is essential in bringing employees back to work and fostering consumer confidence.After completion of the webinars and confirmation of reopening stages, participants were provided with collateral materials to display and use online. While all presenters volunteered their time,there were initial costs to kick off the program: A.Getting Back to Business: Budget Scope Logo, Collateral Material Design $2,231.25 1,000—4 x 6 Keep Meridian Healthy& Open for Business Window Clings 1,727.80 2,000- 11 x 17 Poster for"We Checked the Boxes" Messaging 572.40 Website Development 2,650.00 Website Hosting 114.38 Contract Labor-Coordinate webinar schedules, registration, 2,745.00 distribution of materials, business follow-up Total Initial Costs $10,040.83 B. Re-engagement Marketing: The biggest challenge for Meridian businesses today is re-engaging customers.While many Meridian businesses were able to take advantage of SBA EIDL and PPP grant and loan opportunities as well as Governor Little's Rebound Grants, they still struggle with significant revenue reductions—simply put, fewer customers and clients are frequenting their businesses. While some businesses experienced small recovery victories as Idaho entered Phase 4,the recent spike in cases has impacted businesses a second time. The City and Chamber seek to re-connect with participating businesses sharing reminders, new findings and successes, especially in response to the recent spike in cases in Ada County.The campaigns goal is also to reach businesses that did not participate initially. Funds are needed to achieve these goals and, more importantly,to re-instill consumer confidence by marketing the Keep Meridian Healthy& Open for Business program through geo-targeted advertising, local outdoor signage and social media, relaying the message that participating businesses have taken additional measures to protect employees and customers and are open for business. B. Re-engagement Marketing: Budget Scope Website Updates 400 Contract Labor—Business coordination/engagement, social media campaign 4,000 Advertising—Targeted local signage and digital media 22,000 Total Proposed Marketing Costs $26,400 Additional (Volunteer) Efforts As the City of Meridian navigates the impacts of COVID-19 on our business community and economy, the City and the Meridian Chamber of Commerce continue to work together to provide assistance to businesses. Item#2. In an effort to help businesses increase visibility and sales and ease their cost burden, on May 12 the Meridian City Council passed fee waivers for three permits,in effect through the end of 2020.The permits allow businesses to display special signage, utilize adjacent outdoor space for promotional sales and expand outdoor dining space. Business Continuity/Recovery Assistance: Business Revitalization Team This team of volunteer professionals serves as conveners and mentors to navigate, educate and assist Meridian businesses on the road to recovery. Business strategies that were effective previously may need to be adjusted to respond to the "new normal," whether that is temporary or becomes more permanent.Slight shifts may result in new, untapped markets. Fresh eyes may uncover new ways of evaluating operations and identifying opportunities. Volunteers will work alongside small business owners, over a period of days,weeks or months,offering peer consulting to help businesses adjust, recover and thrive, becoming resilient and stronger in the process. The Team's initial business survey assists in assembling individual teams with the expertise to respond to the specific needs of each participating business in areas such as those listed below: • Review operations for greater efficiencies • Assess and implement short term and long term strategies • Restructure debt, manage and enhance cash flow • Evaluate potential new markets • Renegotiate business agreements—leases,franchise fees, suppliers, customers • Develop stakeholder—employee and customer/client—communication plans • Position business to mitigate future risks and uncertainties Page 47 Item#2. Exhibit _Si_ ii_ 1, it U Mayor Robert E.lSi 1misoon E I D IAN Awft-1, g City Council Members: g Tre Bernt Brad Hoa lun Joe Borton Jessica Perreault Luke Cavener Liz Strader July 30,2020 Request for reimbursement from the Coronavirus Relief Fund(CARES Act)distribution through the State of Idaho in accordance with the following references: I. U.S.Code Title V, Section 5001 of the CARES Act II. State of Idaho Executive Order No.2020-07 III. Coronavirus Relief Fund Guidance for State,Territorial,Local,and Tribal Governments(Dated April 22,2020) The City of Meridian is requesting approval and pre-approval for expenditures related to partnership efforts with the Meridian Chamber of Commerce to implement a business re-opening and sustaining business program due to the public health emergency from COVID-19.Due to the State Stay-at-Home Order. Due to Statewide Stay-At-Home orders issued by the Idaho Governor,businesses in Meridian have suffered closures, loss of employment and loss of revenue during the COVID-19 public health emergency.Additionally,due to the health restrictions in place(gathering limitations,closure of bars and nightclubs,etc.),businesses have continued to struggle and face operational challenges as patrons are either unsure of business status,or uncertain of the safety protocols in place within businesses. The City partnered with the Meridian Chamber of Commerce to develop both an educational program to help businesses develop operational plans under the States Reopening plan,and a long-tern marketing plan to support on- going business operations through the ongoing public health crisis. This request,reflected in two phases,is in alignment with both the State Controllers guidance and the federal CARES Act funding requirements to help cover associated expenses to provide economic support due to the COVID-19 public health emergency. Keeping Meridian Healthy&Open Initiative Item Total Cost A. Getting Back to Business Logo Design $2,231.25 Print Materials $2,300.20 Website $2,764.38 Contract Labor $2,745.00 Subtotal $10,040.83 B. Re-engagement Marketing Website Updates $400.00 Contract Labor $4,000.00 Advertising $22,000.00 Subtotal $26,400.00 Total Program Total $36,440.83 Mayor's Office . 33 E.Broadway Avenue,Meridian, ID 83642 Phone 208-489-0529 . Fax 208-884-8iig . www.meridiancity.org Page i of 2 Item#2. Justification: Specifically,these expenses are related to the provision of expenditures to help reimburse costs associated with business interruptions caused by required closures and prolonged,mandated restrictions due to COVID -19. These expenses were not accounted for in the most recently approved budget. These expenses will be incurred during the period of March 1,2020 to December 30,2020. Costs associated with the first phase(A. Getting Back to Business) are provided as justification of incurred costs. Cost associated with phase two(B.Re-engagement Marketing)are estimates based on vendor&partner discussions. Invoicing and quotes for phase two will be provided upon pre-authorization and prior to request for reimbursement of funds to ensure accurate costs. The figures reflected in this pre-authorization estimate are a not-to-exceed request. Re erences: https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response htm] https://rebound.idaho.gov/business-specific-protocols-for-opening/ https://rebound.idaho. og v/stage_1-protocols-for-opening/ https://transparent.idaho.gov/tranaRarentidaho/Pages/CARES-ARprovedExnenses aspx Mayor's Office - 33 E.Broadway Avenue, Meridian, ID 83642 Phone 208-489-o529 - Fax 208-884-823.9 . www.meridiancity.org Page 2 of 2 Page 49 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Interagency Agreement Between Ada County Highway District and the City of Meridian for Roadway Construction and Water and Sewer Construction at Eagle Road and Victory Road to Amity Road C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Al Christy, Public Works Department Meeting Date: September 15, 2020 Presenter: Public Works Representative Estimated Time: 5 Minutes Topic: Interagency Agreement Between Ada County Highway District and The City of Meridian for Eagle Road and Victory Road to Amity Road Recommended Council Action: 1. Approve the attached agreement with the Ada County Highway District (ACHD) 2. Authorize the Mayor to sign the agreement Background: I. DEPARTMENT CONTACT PERSONS Al Christy- Transportation and Utility Coordinator 208-489-0352 Dean Stacey- Project Manager 208-489-0386 Warren Stewart- City Engineer 208-489-0350 Dale Bolthouse - Director of Public Works 208-985-1257 II. DESCRIPTION A. Background ACHD will be widening Eagle Road to five lanes between Victory Road and Amity Road as part of their 2021 roadway program.As a utility within the public right of way,the City is responsible for adjustment of water and sewer infrastructure to allow for roadway projects.As part of the construction, the City of Meridian utilities are being adjusted to meet required clearances. The construction will also allow the City to stub out utilities for future development. B. Proposed Project ACHD will improve Eagle Road from Victory Road to Amity Road. During construction,ACHD will have the City of Meridian water and sewer improvements installed by their contractor. The water portion will consist of the adjustment of approximately 1700 ft. 8-inch, and 12-inch PVC pipe, subsequent adjustments of water valves, and the installation of one water service stubs. The sewer portion will consist of the adjustment and installation of approximately 600 ft. of 8-inch gravity sewer main and services and the subsequent adjustments to existing manholes within the road corridor. III. IMPACT A. Strategic Impact This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Fiscal Impact The costs of the City of Meridian infrastructure improvements are estimated to be $326,440 and will be funded from the different accounts listed below. The actual costs will be present to Council for approval following the bid opening for this project. Project Costs: Fiscal Year 2021 Victory to Amity $326,440 Total $ 362,440 Project Funding: Fiscal Year 2020 Account Code / Codes Water Main Extensions 3490-96140 $311,300 Sewer Main Extensions 3590-93505 $51,140 Total Funding $362,440 IV. TIME CONTRAINTS ACHD plans to start construction on this project in November 2020. City approval of this agreement is required for ACHD to install sewer and water improvements as part of their project. This agreement is on the ACHD Commission agenda for September 16, 2020.ACHD plans to award the bid for this project in November 2020. V. LIST OF ATTACHMENTS • Interagency agreement between the Ada County Highway District and the City of Meridian for water, reclaimed water and sewer improvements n Approved for Council Agenda: � INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION EAGLE ROAD, VICTORY ROAD TO AMITY ROAD ACHD PROJECT NO. 518040.001 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION ("Agreement") is made and entered into this 15th day of September , 2020, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or "City"), regarding ACHD Project no. 518040.001. RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights- of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction project known as EAGLE ROAD, VICTORY ROAD TO AMITY ROAD ("Project" or "Project Boundaries"), certain modifications or improvements to City owned facilities, including but not limited to relocations, service line extensions and minor modifications to existing water and sewer systems (collectively, "City Water and Sewer Improvements") as detailed in Project no. 518040.001 , to be constructed pursuant to a separately-executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including the City Water and Sewer Improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the City Water and Sewer Improvements within the Project Boundaries; Page 1 of NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Water and Sewer Improvements referenced herein, which CONTRACT shall include, inter alia, a provision that all work required for the City Water and Sewer Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the most current City of Meridian Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications. b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the City Water and Sewer Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'S concurrence shall specifically acknowledge that the City Water and Sewer Improvements are and shall be subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City Water and Sewer Improvements from the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of the City Water and Sewer Improvements from the Project. d. Include in the CONTRACT a term providing that MERIDIAN will have the right to work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements and that any such claims will be reviewed, approved or denied by MERIDIAN including enforcement of the 2 year warranty period to be started at the date described in the final acceptance letter from MERIDIAN. e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact the City Water and Sewer Improvements. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City Water and Sewer Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN's concurrence regarding MERIDIAN's portion of the CONTRACT, together with an invoice for MERIDIAN's share of the construction CONTRACT costs earned by and to be paid to the Contractor. h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. Page 2 of i. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any sanitary sewer or potable water service lines, water valve boxes, manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to the City Water and Sewer Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of the City Water and Sewer Improvements. 2. MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all City Water and Sewer Improvements incorporated into the Project and installed and adjusted under the CONTRACT and provide copies of appropriate tests and construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Water and Sewer Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT (all work required for the City Water and Sewer Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the most current City of Meridian Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.e., 1.f. or 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT the construction costs attributable to the quantities of items that would have been required for MERIDIAN to patch and/or repave trenches in the roadway if the work was done outside of the ACHD Project. Costs will be calculated from the unit prices of the awarded bid. Design costs for the ACHD Project completed by MERIDIAN will be deducted from the reimbursement to DISTRICT. Exact items, quantities and design costs will be agreed to by both parties. f. Reimburse DISTRICT five percent (5%) of MERIDIAN'S construction costs attributable to the City Water and Sewer Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration Page 3 of costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight and maintaining construction project files. g. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN's project costs as they relate to the total project construction costs. h. Provide (at City's sole costs) trench compaction testing for the City Water and Sewer Improvements from one-foot (1') above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing required in any area that does not meet CONTRACT requirements; and provide copies of test results for the area along the alignment of the pipeline to the designated DISTRICT representative. i. Be liable for the cost of repairing any trench failure attributable to the City Water and Sewer Improvements within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims and damages resulting from any such trench failure. This duty to indemnify, defend, and hold harmless is subject to the limitations of Idaho law, including Article VIII, Section 4, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the agreement. j. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water and Sewer Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water and Sewer Improvements. k. Indemnify, save harmless and defend, regardless of outcome, DISTRICT from expenses and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VIII, Section 4, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth by law or in the agreement. I. Work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements; any and all such claims will be reviewed, approved Page 4 of or denied by MERIDIAN and MERIDIAN shall indemnify, save harmless and defend, regardless of outcome, DISTRICT from expenses and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of the City's efforts to resolve said claims with the Contractor. This duty to indemnify, defend, and hold harmless is subject to the limitations of Idaho law, including Article VIII, Section 4, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the agreement. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. Page 5 of k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Water and Sewer Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. Page 6 of IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By; By: 1-tC� Mary May -tom —Di>:e r 6-zPjevc-j Cpv ' �.� President, Board of Commission ATTEST: CITY OF MERIDIAN ptEDAIJGGS i -- ?' By. �. cny��r Chri Jo R IDAHO Rober(E. Sir nison C' Clerk �� SEAL Mayor TREA5')P Page 7 of 1�C 14 D r00d1t)a6( STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this rr day of �� %��'� 2020, before me, the undersigned, personally appeared MARY MAY and IR , President of the Board of Commissioners and r respe tively of the ADA COUNTY HIG WAY DISTRICT, a body politic and corporate, known me t be the persons whose names are ubscribed to the within instrument, and acknowledge to m that th y executed the same fo and on be alf of said body. (tic W S"r2hf. . r1!'�►'��-! - 1 IN WITNESS WHEREOF, I have hereunto set my ha nd affixed my official seal the day and year first above written. s Comm. ; Notary Public jdaho Z Residing at , Idaho J%.•p��L� .•P�O�••' My commission expiresugus#13, 2025 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 15th day of September 2020, before me, the undersigned, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. E ARLE E A N WY SSION 0673N Charlene Way �+��-� Notary Public for Idaho STATE OF IDAHO Residing at Meridian , Idaho MISSION EXPIRES 3=0 My commission expires: 3-28-2022 Page 8 of 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian for the South Slough Pathway Page 61 Item#4. PROJECT/PATHWAY AGREEMENT This PROJECT/PATHWAY AGREEMENT, made and entered into this 15th day of September , 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, party of the first party,hereinafter referred to as the"District,"and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho, 33 East Broadway Avenue, Meridian, Idaho 83642 party or parties of the second part,hereinafter referred to as the "City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Agreement entered into March 18, 2014 and recorded as Instrument No. 114029168 in the records of Ada County, Idaho, hereinafter referred to as the"Master Agreement;" and, WHEREAS, the District and the City intended by entering the Master Agreement to establish a process for the City's submission of encroachment proposals and the District's consideration of such proposals and to provide the general conditions for the District's approval and permission of encroachment proposals affecting the District's ditches,property, operations and maintenance; and, 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 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/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 PROJECT/PATHWAY AGREEMENT Page 1 of 6 FINCH LATERAL aka South Slough(hereinafter referred to as "ditch or canal")together with the real property and/or easement 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 seeks permission to: 1)pipe a portion of the Finch Lateral in 48 inch Class III RCP for approximately 1,211 feet to accommodate the installation of the proposed pedestrian pathway over said pipe and within the District's easement; and 2)to construct and install a pedestrian pathway over the piped Finch Lateral and within the District's easement, under the terms and conditions of said Master Agreement and Master Pathway Agreement and those hereinafter set forth, 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 Agreement and Master Pathway Agreement, the parties hereto agree as follows: l. City may: a)pipe a portion of the Finch Lateral in 48 inch Class III RCP for approximately 1,211 feet to accommodate the installation of the proposed pedestrian pathway over said pipe and within the District's easement; and 2) to construct and install a pedestrian pathway over the piped Finch Lateral and within the District's easement, located within or near Chamberlin Estates Subdivision No. 2, southeast of the intersection of Locust Grove Road and Ustick Road in Meridian, Ada County, Idaho as shown in the attached project plans stated as Exhibit B-1. 2. Any construction, piping or crossing of said ditch or canal shall be performed in accordance with the project plans shown in Exhibit 13-1 and the"Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The parties hereto incorporate in and make part of this Project/Pathway Agreement all the covenants, conditions, and agreements of said Master Agreement and Master Pathway Agreement unchanged except as the result of the provisions of this Project/Pathway 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. END OF TERMS - SEE FOLLOWING PAGES FOR SIGNATURES PROJECT/PATHWAY AGREEMENT Page 2 of 6 i 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 . i NAMPA & MERIDIAN IRRIGATION DISTRICT i By Its President ATTEST : Its Secretary THE CITY OF MERIDIAN By �(L Its M Q U gv AT6TEffA �A � EDAUGUD AHLO E I AN GhoriEAt � � P� ler v K "fthe TREP�'J PROJECT/PATHWAY AGREEMENT Page 3 of 6 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 Residing at , My Commission Expires : STATE OF IDAHO ) ss : County of ) On this I �J day of 2020, before me, the undersi ed, a Notary Public in and for said State, personally appeared \n rk i ►vSSOL and Ek 5 J � hl�l�C� known to me to be the mp, \F and , respectively, of The CITY OF MERIDIAN, the etitity that executed the fo oing 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. ou �lJ Q, Notary Public for � cLh 0 •CHARLENE WAY Residing at M PX� i ay\ , STATE OF IDAHO 1MY OMMISSION 67390 My Commission Expires : 3 - �� " a DAa. NOTARY PUBLIC COMMISSION EXPIRES WMW2 PROJECUPATHWAY AGREEMENT Page 4 of 6 I. EXHIBIT A Legal Description The City's has an easement/right of way located in Chamberlin Estates for the pathway which is described in Exhibit A-1 attached hereto and by this reference incorporated herein. EXHIBIT B Crossing Location See Exhibit B-1 attached hereto. EXHIBIT C Special Conditions a. Piping of the Finch Lateral and construction authorized by this Project/Pathway Agreement shall be in accordance with Exhibit B-1, attached hereto and by this reference made a part hereof. The City acknowledges that the Finch Lateral has water in it year around and that the City will be responsible to install and maintain bypass pumps as necessary to maintain the flows in the Finch Lateral. The City further acknowledges that the City shall be responsible for seasonal mowing and weed control within City's easement and where the pathway is to be installed. b. City shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineers may inspect and approve the construction. C. City shall be responsible for repair and maintenance associated with the Finch Lateral placed in pipe or culvert by the City pursuant to this Project/Pathway Agreement, including rehabilitation or replacement of the culvert/pipe for a period of three years from the date of this Project/Pathway Agreement. Maintenance and repairs shall include,but not be limited to, all repairs necessary to preserve the structural integrity of the ditch or canal and its banks and unobstructed flow of water through such portion of the ditch or canal and prevent the loss of water from such portion of the ditch or canal. If the City shall fail in any respect to properly maintain and repair such portion of the ditch or canal,then the District, at its option, and without impairing or in anyway affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the City agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the City prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by the City or any third party against the District for failure to exercise the options stated in this paragraph, and the City shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the City's obligation to maintain and repair the ditch or canal as provided in this paragraph except for claims arising solely out of the negligence or fault of the District. PROJECT/PATHWAY AGREEMENT Page 5 of 6 d. The permitted hours of use of the pathway shall be from one half hour before sunrise and one-half hour after sunset. e. City acknowledges that the District's easement for the Finch Lateral includes a sufficient area of land to convey irrigation and drainage water, to operate,'clean,maintain and repair the Finch Lateral, and to access the Finch Lateral for those purposes, and that, in the location of the City's project,NMID claims a minimum easement dimension for the Finch Lateral of 80 feet, 40 feet to either side of the centerline. f. The piping of the Finch Lateral shall be completed during the non-irrigation season and shall not commence prior to October 15, 2020 and shall be completed prior to March 15, 2021. All other construction, including the pathway, shall be completed within one year of the date of this Project/Pathway Agreement. Time is of the essence. g. The duration of the permission granted by this Project/Pathway Agreement shall be in perpetuity, for the life and maintenance of the encroachments including construction, operation,maintenance,repair and reconstruction. END OF SPECIAL CONDITIONS PROJECT/PATHWAY AGREEMENT Page 6 of 6 u 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 a Project Name{Subdrvisionl: Chamberlain Estates Pathway Easement PEDESTRIAN PATHWAY EASEAMNT 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 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 fixture 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 timm 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 o.f 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✓202D Exhibit A-1 , page 1 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 an Van Houten,President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 54 �,�W ate) by_Jan Van u 1)�-�-Cr\ (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Char4erkmr%E:5+0-4c S (-gypA (name of entity on behalf of whom record was executed), in the following representative capacity: s2S i f—n (type of authority such as officer or trustee) (stamp) Notary Signature My Commission Expires: EX+0V e (O -;1-0. % .Q. �-3 ,.'➢� �, . -do ��• 0 �? •i����F OF ADP��� Pedestrian Pathway Easement REV.01/01/2020 Exhibit A-1 , page 2 GRANTEE: CITY OF MERIDIAN Robert E. Simi «,a maww ff SFi11. Attest by is Johnson,' ' "' lerk STATE OF IDAHO, ) : ss. County of Ada This record was acknowledged before me on 8-18-2020 g (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY COMMISSION#67390 NOTARY PUBLIC STATE OF IDAHO Notary Signature N1'`0°""MSSM°`PI"ES My Commission Expires: 3-28-2022 Pedestrian Pathway Easement REV. 01/01/2020 Exhibit A-1 , page 3 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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S� Z8 i€i % 3 rii 9 a i i M, ' 3 € ja F a # ai €� '# pi _ fill p'€;gFg15 s { 1!k s xq +6 @ li�ir �1 58�€ £3 " f t .# 1 1i 3ai B t£ I i a � a s iil: z .-1�� _s F(�(`i F 7 E �a ;� ( ,�ppg E�y� �i� FE�f�� �'� t•� ( � �€ € `1F 5 NPI a 7 �2 5� ,, i 4 ]] s 7 "f €t 3. € `6 1 € `F1 i s E tit i B 1 a 4a d A 1 !II 1Ft '[[CC7 41 Ii �.•g ��6 a P I€ F Exhibit B-1,page 24 Page 96 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: License Agreement Between Nampa and Meridian Irrigation District and the City of Meridian for the Twelve Oaks Pathway and Pedestrian Bridge Page 97 AGREEMENT AGREEMENT,made and entered into this 15th day of September 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, AGREEMENT-Page 1 WHEREAS,the City desires approval to construct, install, operate and maintain a paved pathway within the District's property/easement for the Ten Mile Drain under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, 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 40 foot long by 10 foot wide pedestrian bridge and a 10 foot wide pathway within the District's real property and/or easement for the Ten Mile Drain within Twelve Oaks Subdivision on the north side of the Ten Mile Drain and Whitestone Estates Subdivision on the south side of the Ten Mile Drain, located southwest of the intersection of Franklin Road and Linder 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 THE CITY OF MERIDIAN B I � Robert Sim son, Mayor Q�RPT ED A (/c(i ATTES 2G011) or s '. LO IDIAN LGIfris !s , SEAL STATE OFHO ) �0QhQ TREPSv��,P� ) 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 Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. i Notary Public for Idaho Residing at , Idaho My Commission Expires : I STATE OF IDAHO ) ss : County of Ada ) On this 15th day of September , 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 Idaho CHARLENE WAY Residing at Meri ian Idaho COMMISSION 067390 My Commi NOTARY PUBLIC ssion Expires : 3 - 28 - 2022 STATE OF IDAHO [My COMMISSION EXPIRES 3/28/22 AGREEMENT - Page 3 TWdVe Oa Ksl�Qa in L b � PedesA�rtarp bndge EXHIBIT A Legal Description A right-of-way/easement within the NE 1/4 of Section 14,Township 3 North,Range 1 West,B.M., Ada County,Idaho as more particularly described in the description attached hereto as Exhibit A-1 and by this reference incorporated herein(the easement/right-of-way described/attached as Exhibit A-1 is for the portion of pathway on the Twelve Oaks Subdivision Property and will continue across the Ten Mile Drain pursuant to the terms of this Agreement and onto the property to the south which is the Whitestone Estates Subdivision). EXHIBIT B Location of Property/Drain See Exhibit C-1 attached hereto. EXHIBIT C Special Conditions a. The location and construction of the pathway shall be in accordance with Exhibit C-1, attached hereto and by this reference made a part hereof. b. In the locations referenced herein and where pathway is proposed,the District owns fee title to a portion of the real property adjacent to the Ten Mile Drain. However,to the extent the District does not own the property in fee,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 Ten Mile Drain,and to access the Ten Mile Drain for said purposes and is a minimum of 100 feet,50 feet to either side of the centerline. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT-Page 4 5awtooth Land 5urveying, LLC 2030 5. Wa5hington Ave. 1 044 Northwest Blvd., 5te. G 14 1 1"Avenue East f� rOr�f Emmett, ID 836 17 Coeur d'Alene, ID 83814 Jerome, ID 83338 L-a.�r/5ilrve �G(. P: (208) 398-8104 P: (208) 714-4544 P: (206) 329-5303 ' F: (208)398-8105 F: (208) 292-4453 F: (208) 324-3821 March 25, 2020 Pedestrian Path Easement Legal Description BASIS OF BEARING for this description is South 89013'17" East between a 5/8"rebar marking the N1/4 corner of Section 14 and a brass cap marking the section corner 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 2, Block 1 of Twelve Oaks Subdivision, on file in Book 108 of Plats, at Pages 15179-15181, Ada County records, located in the NE1/4 of the NEl/4 of Section 14, T. 3 N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows: COMMENCING at a 5/8"rebar no cap marking the N1/4 corner of said Section 14; Thence S. 89113'17"E., coincident with the north line of the NW14 of the NE1/4 of said Section 14, a distance of 1328.94 feet to the E1/16 corner common to Sections 11 and 14; f Thence leaving said north line of the NW1/4 of the NE1/4, S. 003442"W., 48.00 feet to a 5/8"rebar PLS 5802 on the south right of way of W. Franklin Rd.; Thence S. 89013'17"E., coincident with said south right of way of W. Franklin Rd., 152.61 feet to POINT OF BEGINNING; Thence continuing along said south right of way of W. Franklin Rd., S. 89013'17"E., 14.37 feet; Thence leaving said south right of way of W. Franklin Rd., S. 13050'33"W., 42.01 feet to the beginning of a tangent curve; Thence 6.27 feet along the arc of a curve to the left, with a central angle of 13003'50", a radius of 27.50 feet, subtended by a chord bearing S. 7018'38"W., 6.26 feet; Thence S. 014643"W., 5.88 feet, to the beginning of a tangent curve; Thence 243.46 feet along the arc of a curve to the left, with a central angle of 56021'42", a radius of 247.50 feet, subtended by a chord bearing S. 27024'08"E., 233.77 feet; Thence S. 55034'59"E., 97.92 feet, to the beginning of a tangent curve; Thence 126.12 feet along the arc of a curve to the right, with a central angle of 4004242", a radius of 177.50 feet, subtended by a chord bearing S. 35013'38" E., 123.49 feet; Thence S. 14052'17"E., 24.06 feet to the beginning of a tangent curve; P a g e 11 P:12019119393-TWELVE OAKS EXPANSIONISurveylDrawingslDescriptions119393 Ped Path legal.docx Exhibit A-1 , page 1 Thence 17.89 feet along the arc of a curve to the left, with a central angle of 3603631", a radius of � 28.00 feet, subtended by a chord bearing S. 3301033"E., 17.59 feet; Thence S. 51028'48"E., 30.14 feet to the beginning of a tangent curve; Thence 26.84 feet along the arc of a curve to the right, with a central angle of 3603631", a radius of 42.00 feet, subtended by a chord bearing S. 3301033"E., 26.38 feet; Thence S. 14052'17"E., 83.44 feet to the south line of Lot 2, Block 1 of Twelve Oaks Subdivision, on file in Book 108 of Plats, at Pages 15179-15181, Ada County records; Thence S. 75007'43"W., coincident with said south line of Twelve Oaks Subdivision, 14.00 feet; Thence leaving said south line of Twelve Oaks Subdivision, N. 14052'17"W., 83.44 feet to the beginning of a tangent curve; Thence 17.89 feet along the arc of a curve to the left, with a central angle of 3603631", a radius of 28.00 feet, subtended by a chord bearing N. 33010'33"W., 17.59 feet; Thence N. 5102848"W., 30.14 feet to the beginning of a tangent curve; Thence 26.84 feet along the arc of a curve to the right, with a central angle of 3603631", a radius of 42.00 feet, subtended by a chord bearing N. 3301033"W., 26.38 feet; Thence N. 14052'17"W., 24.06 feet to the beginning of a tangent curve; Thence 116.18 feet along the arc of a curve to the left, with a central angle of 4004242", a radius of 163.50 feet, subtended by a chord bearing N. 35013'38"W., 113.75 feet; Thence N. 55034'59"W., 97.92 feet to the beginning of a tangent curve; Thence 257.24 feet along the arc of a curve to the right, with a central angle of 56021'42", a radius of 261.50 feet, subtended by a chord bearing N. 27024'08 W., 246.99 feet; Thence N. 0004643" E., 5.88 feet to the beginning of a tangent curve; Thence 9.46 feet along the arc of a curve to the right, with a central angle of 13003'50", a radius of 41.50 feet, subtended by a chord bearing N. 7118'38" E., 9.44 feet; Thence N. 13050'33"E., 38.76 feet to the POINT OF BEGINNING. The above described parcel contains 0.227 acres, more or less. C 5T d � 115740 /z�o 4 of vfi+�BEA >' P a g e l 2 P:12019119393-TWELVE OAKS EXPANSION\Survey\Drawings\Descriptions119393 Ped Path legal.docx Exhibit A-1 , page 2 SECTION 14 T.3 N.,R.1 W.,&M. AW4 CQP_ SEC 14 E I/16 COL AMU OF BEARING CPF114010W SEC 14 --- S89°137TE 2W..W ----- 11----- - -- �_ _ 11 u 132B.94' k --- W.A1/1NIQFNNl1gp iF--------- ------ CPF20j,"10354 132a94' 14 13 A0.IL b FtssS02 S 89.13'17'E 152 61' i TWELVE OARS CENmw j ` q SUBDIVISION f LOT1,BLOCK I TWELVE y SUBMI ON LOT 2,BLOCK I i 1 LEGEND i ��••� _. 6�SHM6VfBQNIGW2YLPE` �•�'� � u'N31s1RUNR;nmuw ' ® wuaor�a•Reart�tsnrn® '4 �, L_—_-- 1 I P.O.B. PO!'IT OF EO5416mMG � WETAHLE U S89°13'1TE 14.3r L2 S 13'SM W 42.01' m j U SOo+4c43•w 5-ml �� a L4 S f 97,97' "� a a , 15 SI4'S2'1TE 24. 1 L6 S51.26'4rE 30.14' -��� U514!171E 83.44' L 1 La 573.OMWW 14.00' ! y L9 N 14°527T W 83.44' MO NSl• W W. G .� _=L11' N 14,277,w �24.Z',L12 N5574'S9'W .NO0^4 CrE 114 N 13'SD'33'E ' - CNRYE TABLE Mbf A01LIN- lt*GTT7 C2 27.50' G•2T 5% 50T3838"w 13'0350" j Q 247.30- 243.46' 2337P 527"MjE 56 11 i C3 17730' 12b12' In.0' 535*1330'E 40-42142' i G4 2AW17.89' 17 ' 33°1 "E 36-3631" ! CS 42.W' 26.84'. 26-W S33'141W"E- 36'3531 C6 2.off 17.89' J;r.sv N 33'1033"W 36.'J631' r _ C7 42.07 NOV 21 N33"1033"W 3677" 16330' 11f18' 113.7S• N35"1338'W 40Y2+IT L9 26F.50' 237.24' .99' I N 29-24m,W I1 - D CIO 41.SO' 9.46 9.44' NOTIl38'E 19.0370' _ n - � 11574 NTS L WkfftNE ESTATE suBDmrsslDN �rF OF���� BOOK74 PAGE 7411-7412 v `BEAC*�� PRojwn- 0MVVDE`Vn«R 2030 S. WASHINGTON AVE DWG# TWELVE OAKS DEVELOPMENT EMMETT,ID 83617 19393-EX PEDESTRJAN PATH EXHIBIT oPEN DOER RENrats ucA&, . A (208)398-8104 PROJECr# MERIDIAN, IDAHO zVI/'TOO�/ F. (208)398-8105 19393 SHEET DATE.. 312012020 1_or,1 SUAlrYiV,LLG WWW.S,qWT-OemLS.COM 1 OF 1 Exhibit A-1 , page 3 11� 11 - 1� �] fly t3}s . 1. b. s a fill �gR � 1 , � 't7 r � 13 All ,l�,�' '1� 1'.yy R��o ,; �, l^ 'T1, ..� O O Itd z I 1, 4.1 O -n J =mom � z J O 0 _ 1 rY f �7 K 'T ' 1 -, -Sid Z r rlJ fr_ S Po Hy o� R" $✓1 -^oF xl m 8g mF fF�+ Q�RA1M �h' 'n iiiii�'�Yi 2 Q mE ago °3g O �Px m s og �o m �mmom � Z — m m ' on g � zw � sIe—z e a`, "°MK"°"• REDg w oRAwxKs g Revisions THE VILLAS AT TWELVE OAKS THIS oocuMFNr AND THE IDEAS AND DESIONS x ate:2 INCORPORATED HEREIN,AS AN INSTRUMENT OF �^ DwcbKK� PROFESSIONAL SERNCE IS THE PROPERTY OF t ROOK SOLD O14 LLC AND IS NOT TO RE USED ROCK SOLID CIVIL z +}.•,O IN MOLE OR PART,FOR ANY OTHER PROJECT Q TEN MILE PEDESTRIAN BRIDGE WITHOUT THE EIwRESS TM ITTEN AUTHORIZATION a OF ROOK SOLD CIVIL LLC. A Exhibit C-1 , page IW �N W O A N N _ I I I I —7B B Te 1B- n _— I I aeo �z JI ARCHELm D iEN M/LE L4TERAL ---- IYT � i zam m ---- I -- --- LF z - 03 �e. -TH TB le- ma ._ �9 �4: I � e I � �Q5 W.OREENHEAp ORrvE � ro LIM-11 BE N $ 3 PrvJml Npne REUSE OF DRAWN Revisions (S THE VILLAS AT TWELVE OAKS N s DDCUUENT AND NE IDEAS AND DEvcus ? WCORPOLiATEO HEREIN,AS AN INSTRUWENT DF PROFESSIONAL SEANCE IS THE PROPERTY OF , . � Antxee. ROCK SOLJD CINL LUC AND IS NOT TO BE USED ROCK SOLID CIVIL , IN WHOLE OR PART,FOR ANY OTHER PROJECT TEN MILE PEDESTRIAN BRIDGE NTNWT THE LwREss WRIT EN AU HDRIuna OF BOOK SOLD CNL U.C. , Exhibit C-1 , page 2 L1AIgteWlq IFOillep3fglq IIIIYlWefMlu{KAp'e150oPlpie - 1 -�- - --�—=- -t. ,CFI + - -- - - rI gW i• 9� gM __ 1r�•� �_�•_�• i 9C 1 K� J� ��t 1 r-g v w@rao cameo sts m cum I - 5 I� r g IYI 71 RIPAQQAA �1 II �� N i IJ ------ -`s.---- 141 -41 JU 'y R � X r r + rrr rre•r r' y I B . 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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 BANK OF AMERICA VISA#5201, 08/31/20 32,669.65 01 General Fund M.D.WILLIS,INC. August 2020 Stenography Services 2,596.00 01 General Fund MASTERCARD MC HR#0520 August Statement 150.00 01 General Fund MASTERCARD MC IT#0179 august statement 200.61 01 General Fund MASTERCARD MC Parks#1 #2119 8/31/20 Statement- 416.59 01 General Fund MASTERCARD MC Parks#2 #0843 8/31/20 Statement- 443.00 01 General Fund MASTERCARD MC Parks#3 #0835 8/31/20 Statement- 95.30 01 General Fund MASTERCARD MC PD#3 #0645 8/31/2020-Statement- 895.81 01 General Fund MASTERCARD MC PD#4#0652 8/31/2020-Statement- 564.36 01 General Fund MASTERCARD MC PD#2#6129 August statement 2,782.69 01 General Fund UNION PACIFIC RAILROAD CO 20-0021 main st parking lease 8/19-9/18/2020 429.17 01 General Fund UNION PACIFIC RAILROAD CO 20-0021 main street parking lease 9/19/2020 to 429.17 10/18/2020 01 General Fund UNION PACIFIC RAILROAD CO 20-0026 South parking lease 9/1/20-9/30/2020 1,920.08 Total 01 General Fund 43,592.43 07 Impact Fund BANK OF AMERICA VISA#5201, 08/31/20 104.97 Total 07 Impact Fund 104.97 60 Enterprise BANK OF AMERICA VISA#5201, 08/31/20 6,612.97 Fund 60 Enterprise MASTERCARD MC City#9#0579 Aug2020 statement 694.82 Fund 60 Enterprise MASTERCARD MC PW#2#0744 08/31/20 Statement 835.77 Fund Total 60 Enterprise 8,143.56 Fund Report Total 51,840.96 Page 111 Date:9/9/20 03:49:28 PM Page:1 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: AP Invoices for Payment- 09-16-20 - $1,039,900.07 Page 112 Item#7. 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 ADA COUNTY HIGHWAY DISTRICT ACHD Impact Fees for August 2020 582,180.08 01 General Fund ADA COUNTY PROSECUTOR DR17-8816 15%Asset Forfeture From Seized Vehical 106.50 Auction 01 General Fund AERYN WATERMAN Traffic Box Wrap from West Ada School District 50.00 01 General Fund ALPINE TREE SERVICE INC Tully Park canal bank tree pruning 2,600.00 01 General Fund BOISE SOFTBALL UMPIRES ASSOC. 20-0231 softball umpires 8/17-8/21/20-city 50 games 1,527.84 01 General Fund BOISE SOFTBALL UMPIRES ASSOC. 20-0231 softball umpires 8/24-8/28/20-city 50 games 2,480.50 01 General Fund BONNEVILLE BLUE PRINT SUPPLY irrigation maps for Tully Park 25.38 01 General Fund BRADY INDUSTRIES, LLC. 220/Janitorial-Paper towels-Sta.4 86.85 01 General Fund BRADY INDUSTRIES, LLC. 220/Janitorial-Paper Towels,Sta. 5 239.57 01 General Fund BRADY INDUSTRIES, LLC. 220/Janitorial-Toilet bowl cleaner-Sta. 5 17.66 01 General Fund BRADY INDUSTRIES, LLC. 220/Janitorial and Shop supplies-Sta. 5 24.00 01 General Fund BRADY INDUSTRIES, LLC. 220/Janitorial and Shop Supplies Sta. 3 284.00 01 General Fund BRADY INDUSTRIES, LLC. 220/Kitchen towels,St. 1 79.86 01 General Fund BRICON, INC 20-0219 pay#3 FMC Path James Ct Sidewalk 42,360.00 Widening Const 01 General Fund BRITTANY BISHOP Traffic Box Wrap from Repository done 8/2020 300.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/MF039 Lube Oil Filter 81.59 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Fuel Pump Driver Module,Oil Change for Unit# 141 487.24 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change&Air Filter Unit#60 78.98 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit#83 54.99 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Tire Replacement for Unit# 101 101.70 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit# 524 Oil and airiflter change 86.60 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit#122 Fix right rear turn bulb 13.50 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Unit#141 Rear hatch trim panel replacement 558.80 01 General Fund CAMPBELL TRACTOR INC. 60 inch 997R parts-city 6 195.03 01 General Fund CAMPBELL TRACTOR INC. 60 inch 997R repair part-city 1 7.55 01 General Fund CINTAS medical cabinet supplies for Kleiner&Settlers Parks 500.62 01 General Fund CLOVERDALE NURSERY sod for Renaissance Park-city 40 SF 12.00 01 General Fund D&B SUPPLY 1 inch trash pump repair 102.53 01 General Fund D&B SUPPLY linseed oil for Tully Park bridge-city 3 284.97 01 General Fund D.L. EVANS BANK MERIDIAN BRANCH Refund CONCERT ON BROADWAY SPONSOR. 1,500.00 RCPT0028 5/18/20 01 General Fund DELL MARKETING L.P. VLA Acrobat Pro DC for Teams 2,281.89 01 General Fund ERS, EMERGENCY RESPONDER Unit#128 Disassemble for sale/disposal of vehicle 702.00 SERVICES,INC. 01 General Fund ERS, EMERGENCY RESPONDER Unit#161 Siren Speaker Replacement 286.20 SERVICES,INC. 01 General Fund ERS, EMERGENCY RESPONDER Unit#523 Opticom Repair 83.00 SERVICES,INC. Date:9/8/20 01:11:41 PM Page:1 Page 113 Item#7. 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 ERS, EMERGENCY RESPONDER Unit#81 Lightbar Repair 156.00 SERVICES,INC. 01 General Fund ETC INSTITUTE City Survey-final report 2,200.00 01 General Fund FERGUSON ENTERPRISES INC. 220/Sink Connectors(2),Sta.4 Bldg Maint. 12.95 01 General Fund FERGUSON ENTERPRISES INC. fittings for filter at Reta Huskey Park-qty 2 134.92 01 General Fund FROGGYS FOG LLC 220/fog machine cleaner,qty 2,training equip(smoke) 87.27 01 General Fund GLASS DOCTOR 220/MF035 Windshield repair 39.95 01 General Fund GREGORY J HENSON REIMB GREGORY HENSON PRE-EMPLOYMENT 60.00 FINGERPRINTING 01 General Fund GURR STUDIOS Traffic Box Wrap from Repository done 8/2020 300.00 01 General Fund HIGHLAND GOLF Yamaha golf cart repairs 270.47 01 General Fund HOME DEPOT CREDIT SERVICES 220/Braided faucet line-Bldg Maint,Sta.4 12.68 01 General Fund HOME DEPOT CREDIT SERVICES Credit for Taxes Charged in Error (5.32) 01 General Fund HOME DEPOT CREDIT SERVICES Johnson Fine Wood Paste Wax 1 lb 6.47 01 General Fund HOME DEPOT CREDIT SERVICES Supplies to Make Barricade for Firearms Training 94.00 01 General Fund HORIZON DISTRIBUTORS INC trimmer line-qty 6 172.38 01 General Fund IDAHO TOOL&EQUIPMENT tools for fleet truck 13-qty 3 595.17 01 General Fund INVESTMENT RESOURCES OF AMERICA Refund Concert on Broadway Sponsorship RCPT0026 250.00 5/11/20 01 General Fund JULIE EDWARDS Payment for Traffic Box Wrap from Repository done 300.00 7/2020 01 General Fund KAMDEN PROCK Traffic Box Wrap from West Ada School District 50.00 01 General Fund KELLER ASSOCIATES, INC. 20-0096 Contracted Svcs Elect Plan Review 7/2020 13,826.50 01 General Fund KENDALL FORD OF MERIDIAN Headrest Cover for Driver Seat Unit# 102 89.25 01 General Fund KEVIN FEDRIZZI EducReimb: K.Fedrizzi, BSU, Masters Wrkpl, 600.00 06/1/20-8/9/20 01 General Fund L.N.CURTIS AND SONS 220/6x10 cpld flex-lite suction hose 571.45 01 General Fund L.N.CURTIS AND SONS 220/Pants(2)-Hendrick 154.31 01 General Fund L.N.CURTIS AND SONS 220/Boots(Bjerke and Zumwalt) 230.00 01 General Fund L.N.CURTIS AND SONS Crowd Control Helmets x10 1,450.00 01 General Fund LEANNA TACKETT Traffic Box Wrap from West Ada School District Art 50.00 Show 01 General Fund LIGHTHOUSE UNIFORM CO 220/Class A Uniform-Sletmoe 663.10 01 General Fund LITTLE PALLETS LLC instructor fee-Intro to Monet,Teen Art Watercolor x 5 320.00 01 General Fund M.D.WILLIS,INC. August 2020 Stenography Services 2,596.00 01 General Fund MERIDIAN DEVELOPMENT refund Concert on Broadway Sponsorship RCPT-0045 10,000.00 CORPORATION 6/29/20 01 General Fund MONELLE SMITH Traffic Box Wrap from Repository done 7/2020 300.00 01 General Fund MOUNTAIN HOME AUTO RANCH 2O-0046 Replacement 2020 Explorer Vehicle Unit#2 34,284.36 Date:9/8/20 01:11:41 PM Page:2 Page 114 Item#7. 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 MOUNTAIN HOME AUTO RANCH 2O-0109 2020 Explorer Replacement for K9 Vehicle 37,545.53 #110 01 General Fund MOUNTAIN HOME AUTO RANCH 2O-0109 New K9 2020 Explorer Vehicle Unit# 120 37,545.53 01 General Fund MOUNTAIN WEST,LLC bark for Split Corridor&Fire sites-city 130 yds 3,560.00 01 General Fund NAPA AUTO PARTS 220/MFO19 Signal lights,Vehicle Maint. 215.48 01 General Fund NAPA AUTO PARTS 220/MF024 Wiper blades,Veh. Maint 39.98 01 General Fund OFFICE DEPOT,INC. 220/2 city bookshelves for admin 159.98 01 General Fund OFFICE DEPOT,INC. 220/File cabinet for office 136.22 01 General Fund OFFICE DEPOT,INC. 220/highlighters, paper pads, post it notes 20.48 01 General Fund OFFICE DEPOT,INC. Bins to Transport SWAG to Events 59.14 01 General Fund OFFICE DEPOT,INC. box of TPin clips and preink stamp 10.71 01 General Fund OFFICE DEPOT,INC. note pads-city 6 pks 96.54 01 General Fund OFFICE DEPOT,INC. Post cards for Public Hearing Noticing 91.70 01 General Fund OVERHEAD DOOR COMPANY Overhead door maintenance Fire Station 1 285.00 01 General Fund OVERHEAD DOOR COMPANY Overhead door maintenance Fire Station 2 206.32 01 General Fund OVERHEAD DOOR COMPANY Overhead door maintenance Fire Station 3 206.32 01 General Fund OVERHEAD DOOR COMPANY Overhead door maintenance Fire Station 4 190.00 01 General Fund OVERHEAD DOOR COMPANY Overhead door maintenance Fire Station 5 190.00 01 General Fund PAUL'S MERIDIAN STINKER Unit#150 Emmission Test 20.00 01 General Fund PAUL'S MERIDIAN STINKER Unit#155 Emmission Test 15.00 01 General Fund PLATT ELECTRIC SUPPLY junction box for cell router at all parks-city 5 213.78 01 General Fund RAEYA WARDLE Traffic Box Wrap from Repository done 7/2020 300.00 01 General Fund REPUBLIC SERVICES Glass site for transfer station for Meridian Glass 521.48 Aug2020 01 General Fund RESERVE ACCOUNT 20474979 Postage Use,August 2020 860.30 01 General Fund REVVED UP MOTORSPORTS Unit#522 Rear Tire replacement 274.00 01 General Fund ROGERS TIRE PROS AND AUTO CARE Fuller Park Walker mower tire repair 20.00 01 General Fund SHI INTERNATIONAL CORP 20-0369 WINENTLTSC 2019 SNGL Upgrd MVL Windows 17,356.50 01 General Fund SHRED-IT USA, LLC. Finance, MUBS,Clerks and Water Shred Services 8/20 115.50 01 General Fund SHRED-IT USA, LLC. Shredding PD Documents 114.11 01 General Fund SIGNS, ETC Public Hearing Sign installed 5/7 315.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY marking paint for field aeration-city 24 200.16 01 General Fund SPF WATER ENGINEERING, LLC Borup extension for development-permit#63-34023- 218.50 04/2020 01 General Fund SPF WATER ENGINEERING, LLC Fuller Park water rights permitting-July 2020 50.00 01 General Fund SPF WATER ENGINEERING, LLC Fuller Park water rights permitting-June 2020 75.00 01 General Fund SPF WATER ENGINEERING, LLC Fuller Park water rights permitting-March 2020 2,050.00 01 General Fund SPF WATER ENGINEERING, LLC Fuller Park water rights permitting-May 2020 165.00 01 General Fund T-ZERS SHIRT SHOP,INC 20-0070 220/Embroidery on furnished item(1)-Kelley 30.25 01 General Fund T-ZERS SHIRT SHOP,INC logo embroidery for uniform shirts-city 2 32.00 Date:9/8/20 01:11:41 PM Page:3 Page 115 Item#7. 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 TDS FIBER refund Concert on Broadway Sponsorship CR20-591 3,000.00 5/26/20 01 General Fund THE UPS STORE#2586 Postage to Send Taser for Repair 11.61 01 General Fund VERONICA WILLARD Traffic Box Wrap from West Ada School District 50.00 01 General Fund WESTVET VET CARE K9 GUS 80.46 01 General Fund WEX BANK INC 8/31/2020_WEX Fuel purchases 29,420.02 01 General Fund XIOLOGIX, LLC EMC SourceOne Renewal 10/1/20-9/30/21 2,131.50 Total 01 General Fund 847,852.44 07 Impact Fund BRICON, INC 20-0219 pay#3 FMC Path James Ct Sidewalk 606.13 Widening Const Total 07 Impact Fund 606.13 20 Grant Fund TERRY REILLY HEALTH SERVICES CDBG 20-0345 TR Allumbaugh House 1st draw 1,136.74 governmental Total 20 Grant Fund 1,136.74 governmental 60 Enterprise ALTERNATIVE STONE TM INC REFUND WT/S/T: 2912 E MURCHISON ST TITLE 90.23 Fund COMPANY OVERPAID 60 Enterprise BACKFLOW SUPPLY Watts Backflow Assembly,Qty 2 602.76 Fund 60 Enterprise BONNEVILLE INDUSTRIAL SUPPLY Hornet&wasp spray(24 city) 121.20 Fund 60 Enterprise D&B SUPPLY Tie down hoots to secure loads on flatbead truck(6 104.94 Fund city) 60 Enterprise D&B SUPPLY Vented Synthetic Gloves,Qty 2 19.98 Fund 60 Enterprise DAVID&KATEY MOBERLY REFUND WT/S/T: 2295 S BEAR CLAW WAY 51.11 Fund CUSTOMER PAID AFTER CLOS 60 Enterprise DAVID&LINDA BREAUX REFUND WT/S/T: 2829 E DEERHILL DR CUSTOMER 85.96 Fund PAID AFTER CLOSIN 60 Enterprise DELL MARKETING L.P. VLA Acrobat Pro DC for Teams 930.19 Fund 60 Enterprise DOUG SCHOFIELD Reim. Doug Schofield CDL,Skills,Instruction,ABC 356.16 Fund Driver li 60 Enterprise ENERGY MANAGEMENT CORPORATION Spare mixer motor(1 city) 875.00 Fund Date:9/8/20 01:11:41 PM Page:4 Page 116 Item#7. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise ENVIRONMENTAL EXPRESS,INC. TKN digestion tubes(20 city) 424.43 Fund 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0007,Compliance Sampling @ Well 23 63.00 Fund 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0019,OCCT Pilot Study @ Well 19 902.00 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Ball Valve, Brass Nipple,Strap Saddle/Pipe Teflon 132.93 Fund Tape,Qty9 60 Enterprise FERGUSON ENTERPRISES INC. Bolt kits for digester 3 project(10 city) 193.63 Fund 60 Enterprise FERGUSON ENTERPRISES INC. BRO pump head kit(1 city) 1,387.86 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Meter Vault, tin Gate Valve,Qty 4 836.73 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Meter Vault,Full Barrel Dual Setter,Qty 2 284.24 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Plug valve repair kit(1 city) 156.94 Fund 60 Enterprise FERGUSON ENTERPRISES INC. PO#20-0309,3in Omni Hydrant Meter,Qty 2 2,756.96 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Red Marking Paint,Qty 36 207.04 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Thread union(2 city) 22.17 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Valve Diaphragm Kit,Qty 1 564.54 Fund 60 Enterprise FISHER SCIENTIFIC Potassium sulfate(2 city) 188.46 Fund 60 Enterprise GIESLER'S AUTO REPAIR C18964 R&R Steer Wheel Change out Bulbs Bulb 695.60 Fund Connector Batt 60 Enterprise H.D. FOWLER COMPANY Vlave Seat Insert Gasket, Upper Standpipe Gasket,Qty 16.15 Fund 2 60 Enterprise HOME DEPOT CREDIT SERVICES Tongue&groove pliers set(1 city) 24.97 Fund 60 Enterprise HUSKEY AUTO ELECTRIC,INC WAP04,C9479-battery check and dome bulb 181.70 Fund replacement 60 Enterprise HYDRO LOGIC INC Final Payment Well #33 Design Svc 3/30-8/11/20 9,945.00 Fund 60 Enterprise HYONG PAK Refund 4003 Driftwood--Intmtn Gas Payment 31.02 Fund Date:9/8/20 01:11:41 PM Page:5 Page 117 Item#7. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise IDAHO POWER 2202131047,WWTP Power-August 2020 57,143.60 Fund 60 Enterprise INTERMOUNTAIN SPECIALTY GASES Calibration gas 122.00 Fund 60 Enterprise INTERSTATE ALL BATTERY CENTER AA&AAA batteries(3 pkgs) 25.02 Fund 60 Enterprise JASON &BETHANY STANLEY REFUND WT/S/T: 1790 W RATTLESNAKE DR 49.31 Fund CUSTOMER PAID AFTER CLO 60 Enterprise JOEY&ANNA MEDRANO REFUND WT/S/T: 2594 N RIDGEBURY WAY TITLE 121.21 Fund COMPANY OVERPAID 60 Enterprise JOHNSON CONTROLS FIRE 20-0054 Fire Alarm Monitoring at Blackrock Booster 45.83 Fund PROTECTION LP Station 60 Enterprise JUB ENGINEERS 20-0176 Wtr/Swr Main Repl State-Meridian-Cathy Svc 3,643.10 Fund 5/2/20 60 Enterprise JUB ENGINEERS 20-0176 Wtr/Swr Main Repl.State-Meridian-Cathy Svc 7,185.40 Fund 5/30/20 60 Enterprise JUNIPER SYSTEMS INC Geode GNS2 Multi-GNSS 1Hz Receiver 2,044.59 Fund 60 Enterprise KEVIN &CARRIE LYNN REFUND WT/S/T: 3902 N ROTALDO AVE CUSTOMER 77.00 Fund PAID AFTER CLOSIN 60 Enterprise KURT GLOS Reimbursement Kurt Glos Math Basics Fee 8/14/20 150.00 Fund 60 Enterprise MATERIALS TESTING&INSPECTION 20-0332 FINAL B200942G Sidestream Phosphorus& 3,926.00 Fund digester 60 Enterprise McCALL INDUSTRIAL Nipple(8 city) 165.18 Fund 60 Enterprise McCALL INDUSTRIAL Valves,elbow,coupling,nipple,&bushing (30 city) 458.42 Fund 60 Enterprise MOTION INDUSTRIES,INC Truflex belt(2 city) 19.47 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. 8mm 9 1/2 inch long nitrile gloves(20 bxs) 382.00 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Nuts&bolts for stock(965 city) 295.98 Fund 60 Enterprise MYFLEETCENTER.COM AC evacuation&recharge on Pretreatment vehicle 87.99 Fund C4715 60 Enterprise MYFLEETCENTER.COM Filter&Oil Change,C18131,WO#302253 38.39 Fund 60 Enterprise MYFLEETCENTER.COM PIP04,C18780-Lube,oil,filter change for T. Hyslop's 43.19 Fund trk Date:9/8/20 01:11:41 PM Page:6 Page 118 Item#7. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise NAPA AUTO PARTS Instant gasket maker&break cleaner for motors(39 143.61 Fund city) 60 Enterprise NORCO Cowhide gloves(60 city) 243.24 Fund 60 Enterprise NORCO Cylinder rental for Aug 2020 63.86 Fund 60 Enterprise NORCO Eye flush bottles(10 city) 64.50 Fund 60 Enterprise NORCO Hand wash for Ops&Maintenance(6 city) 394.98 Fund 60 Enterprise O'REILLY AUTO PARTS Cir Tester,Qty 1 16.99 Fund 60 Enterprise O'REILLY AUTO PARTS Connector,Terminal Kit,Cutter/Crimper,Qty 3 48.97 Fund 60 Enterprise OFFICE DEPOT,INC. 1 box of multi-colored folders, 1 box of 8.5X11 paper 50.74 Fund 60 Enterprise OFFICE DEPOT,INC. Calendar, markers,&pens(4 city) 56.45 Fund 60 Enterprise OVERHEAD DOOR COMPANY Overhead door maintenance Water Division 190.00 Fund 60 Enterprise OVERHEAD DOOR COMPANY Overhead door maintenance Water Division vehicle bays 760.00 Fund 60 Enterprise PLATT ELECTRIC SUPPLY Freight for inv#OM39652 154.67 Fund 60 Enterprise PLATT ELECTRIC SUPPLY Part to replace electrical for post air blower upgrade(1 402.26 Fund cit 60 Enterprise POLYDYNE INC 20-0001 Polymer(34,500 Ibs) 40,365.00 Fund 60 Enterprise POSTNET Backflow Aug 1st Past Due Letters, Batch 1054,Qty 38C 174.13 Fund 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Bank Test BlackRock 975.00 Fund Booster 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Bank Test Water Admin 975.00 Fund Office 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Bank Test WaterTower 975.00 Fund 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Bank Test Well 14 975.00 Fund 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Bank Test Well 16 975.00 Fund Date:9/8/20 01:11:41 PM Page:7 Page 119 Item#7. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Bank Test Well 20 975.00 Fund 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Bank Test Well 20B 975.00 Fund 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Bank Test Well 21 975.00 Fund 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Bank Test Well 22 975.00 Fund 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Bank Test Well 23 975.00 Fund 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Bank Test Well 24 975.00 Fund 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Bank Test Well 25 975.00 Fund 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Bank Test Well 29 975.00 Fund 60 Enterprise PROCORE PROPERTY MGMT REFUND WT/S/T: 1838 W HEAVY TIMBER DR 33.57 Fund OVERPAYMENT FROM PROPE 60 Enterprise REPUBLIC SERVICES-TRANSFER Biosolids disposal for August 2020 15,364.50 Fund STATION 60 Enterprise REPUBLIC SERVICES-TRANSFER Dump 1 yard of Waste from Well 30 13.00 Fund STATION 60 Enterprise RESERVE ACCOUNT 20474979 Postage Use,August 2020 75.35 Fund 60 Enterprise RICK&WINONA WARNER REFUND WT/S/T: 1040 REFLECT RIDGE DR 22.34 Fund CUSTOMER PAID AFTER CLO 60 Enterprise SHRED-IT USA, LLC. Finance, MUBS,Clerks and Water Shred Services 8/20 96.08 Fund 60 Enterprise SPECIALTY CONSTRUCTION SUPPLY Handy Concrete Mix,Qty 15 125.15 Fund 60 Enterprise SPECIALTY CONSTRUCTION SUPPLY Sandbags for lift station emergencies(150 city) 375.00 Fund 60 Enterprise SPECIALTY PLASTICS&FAB,INC PVC elbow, pipe,spigot,&union(52 city) 72.62 Fund 60 Enterprise SPECIALTY PLASTICS&FAB,INC PVC nipple, plug, bushing,cap,cross,elbow,&tee 519.99 Fund (137 qty 60 Enterprise SULLIVAN REBERGER PO#20-0003-September 2020 Lobbying Fees 3,000.00 Fund 60 Enterprise SUSAN V BRADLEY REFUND WT/S/T: 3107 N SHARON AVE CUSTOMER 114.40 Fund PAID AFTER CLOSING Date:9/8/20 01:11:41 PM Page:8 Page 120 Item#7. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise TECHNICAL AIR PRODUCTS,INC. Replacement exhaust fan for mechanical bldg(1 city) 1,162.00 Fund 60 Enterprise TIM NORMAN REIM TIM NORMAN FOR WASTEWATER COLLETION 1 125.00 Fund APPLICATION FEE, 60 Enterprise THE ENVIRONMENTAL STRATEGIES LLC IPDES testing(1 test) 1,100.00 Fund 60 Enterprise THE ENVIRONMENTAL STRATEGIES LLC Shipping charges for IPDES testing 300.00 Fund 60 Enterprise TUTTLE LIVING TRUST REFUND WT/S/T: 4173 W HIGHLAND FALL CT 41.89 Fund OVERAGE FROM TITLE CO 60 Enterprise UNITED OIL 220 oil for stock(45 qty) 1,615.95 Fund 60 Enterprise USA BLUEBOOK 3/4in Meter Coupling Gasket,Qty 20 507.72 Fund 60 Enterprise USA BLUEBOOK KPSI Series 320 Submersible, Hand Sanitizer,Qty 16 1,190.85 Fund 60 Enterprise USA BLUEBOOK Sewer tracing dye&leader hose for camel&vactor 477.05 Fund 60 Enterprise VELOCITY EHS MSDSonline HQ Account Rebill; Replaces Invoice 3,299.00 Fund 221405 due to 60 Enterprise WEX BANK INC 8/31/2020_WEX Fuel purchases 5,872.32 Fund 60 Enterprise YMC,INC. Troubleshoot Non Operational Units @ Well 720.00 Fund 20B,WO#GP21280 Total 60 Enterprise 190,304.76 Fund Report Total 1,039,900.07 Date:9/8/20 01:11:41 PM Page:9 Page 121 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 20-2229: A Resolution of the Mayor and the City Council of the City of Meridian,Appointing Steven Yearsley to Seat 4 of the Meridian Planning and Zoning Commission; and Providing an Effective Date Page 122 Item#8. CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING STEVEN YEARSLEY SEAT 4 OF THE MERIDIAN PLANNING & ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Seat 4 of the Meridian Planning and Zoning Commission is currently vacant; and WHEREAS, the City Council of the City of Meridian deems the appointment of Steven Yearsley to Seat 4 of the Planning&Zoning Commission to be in the best interest of the Meridian Planning and Zoning Commission and of the City of Meridian. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1, Steven Yearsley is hereby appointed to Seat 4 of the Meridian Planning and Zoning Commission, with a term to expire January 31, 2021. Section 2. That this Resolution shall be in full force and effect immediately upon passage. ADOPTED by the City Council of the City of Meridian, Idaho,this 15th day of September, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 151h day of September, 2020. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk MERIDIAN PLANNING &ZONING COMMISSION MEMBER—YEARSLEY Page 123 C � WE N DIAN --- IDAHO Planning and Zoning Presentation and Outline h2 City Council September 15, 2020 Meeting Slide 1 h2 Agenda Item Numbers/Order: hoodc, 12/19/2006 FLUMPLANNED DEVELOPMENT Changes to Agenda: N/A Item #9: Jocelyn Park Subdivision (H-2020-0067) Application(s): Preliminary Plat Size of property, existing zoning, and location: This site consists of 12.675 acres of land, zoned R-8 and is located at the south side of W. Victory Road, approximately ¼ mile west of S. Meridian Road. Adjacent Land Use & Zoning: Residential uses reside in all directions adjacent to this site. To the northeast is County zoned RUT land with residential uses. To the west is Timberline Subdivision that is currently being built in 2 phases, zoned R-8. The subdivision to the east, Meridian Heights, is also zoned R-8. History: AZ-13-014 (DA Inst. #114007668); H-2018-0100 (PP, set to expire in December 2020) Comprehensive Plan FLUM Designation: Medium Density Residential Summary of Request: (History) The subject property was annexed in 2013 as part of a larger area known as Victory South (AZ-13- 014). There is an existing Development Agreement (DA) associated with this annexation and property but the requested application and the recorded DA do not require modification as the proposed development is consistent with the provision contained in the agreement. In addition, a preliminary plat was approved for this property in 2018 for the same titled plat name, Jocelyn Park. The existing plat is set to expire in December, 2020 but the current developer wishes to obtain approval of a new plat with higher density more in line with the dimensional standards of the existing R-8 zoning district. The proposed development is located in an area of the City where low and medium density residential developments are existing and anticipated. The subject site is surrounded by existing City of Meridian zoning and development except for a small parcel that abuts its northeastern property boundary. Therefore, this project is an infill development per the definitions in City code. The proposed development has a gross density of 5.1 du/ac meeting the density requirements for the future land use designation of MDR. In addition, the existing R-8 zoning allows for detached single-family residences with average lot sizes above 4,000 square feet. The proposed development meets these requirements as well. This development is proposed as one (1) phase with an average lot size of 4,455 square feet. Staff finds the proposed use and gross density to meet the intent of the future land use designation and zoning district. (Note the lot being conveyed to adjacent property owner). Access for this development is proposed via extension of stub streets from adjacent subdivisions. The stub street located in the southeast corner of the site (W. Winnipeg Street) is an existing stub from Meridian Heights Subdivision. The other proposed connection is located in the northwest corner of the site but is not yet constructed. This connection is to be constructed with phase 2 of the Timberline subdivision which has received Final Plat approval but has not yet received City Engineer signature. These two local streets will supply the access points for this development. In addition, the Applicant is proposing to stub a street to the property located to the northeast of the site for future connectivity. On this stub street, the Applicant is proposing a temporary cul-de-sac turnaround. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. In addition, the Applicant is proposing 33-foot street sections within 47-feet of right-of-way which would allow on-street parking where there are no driveways. A minimum of 10% qualified open space meeting the standards listed in UDC 11-3G-3B is required. Based on the proposed plat of 12.93 acres, a minimum of 1.29 acres of qualified common open space should be provided. According to the open space exhibit, the applicant is proposing a total of 3.65 acres of open space. The exhibit shows three (3) distinct areas of open space: one area in the south that contains the existing pond that is to remain; one area along the entire northern boundary of the subject site; and one centralized area. The large open space lot containing the pond abuts open space area in the Timberline No. 1 subdivision currently under construction. In addition, there is a micro-pathway connection to the west shown on the open space exhibit that also connects to the Timberline Subdivision. The existing pond is more than 25% of the lot in which it resides and therefore the open space lot it resides within is not qualifying open space per the standards listed in our code. The other area of open space that is listed as qualifying but is non-qualifying is the end cap lot located at the south end of the lot (approximately 4,200 square feet) directly north of the pond. This area meets neither the 50’ by 100’ dimensions nor the 5,000 square foot minimum size. After removing the end cap lot and the lot containing the pond from the open space calculations, there are 2.46 acres of area that is all qualifying open space. This area is still vastly more than the required amount of 1.3 acres. An area that was of concern for Staff within the open space area was that area directly north of Lots 35-37, Block 3 (the lots at the end of S. Garibaldi Court in the eastern half of the site). The Commission recommended rotating lots 35 and 36 to the west and move the micro-path to the east, further opening up this area behind the homes. The Applicant submitted a revised plat showing this change and Staff finds that it is better for overall visibility from the street into this area behind these lots. However, the width of the micro-path lot does not appear to meet the UDC requirement of being at least 15’ wide; the Applicant should provide revisions to the plat to ensure the micro-path lot meets code requirements. The revised plat also shows the micro-path lot along the western part of the central open space to now be located between lots 10 & 11, Block 3 as recommended by Staff. There are no multi-use pathways proposed or required with this development. There is an existing multi-use pathway on the north side of Victory Road, directly north of the subject site. The Applicant is proposing micro-pathways in multiple locations within the development to add pedestrian and bicycle connections throughout. These pathways connect the central open space area with the 5- feet attached sidewalks located along the local streets throughout the development. The Applicant is also proposing a micro-pathway connection on the west side of the project to connect with a pathway and open space connection in Timberline No. 1. Based on the area of the proposed plat, a minimum of one (1) qualified site amenity is required to be provided. The applicant is proposing four (4) qualified amenities to satisfy the requirements: a child’s play structure, a shaded picnic area, walking paths, and an additional 20,000 square feet of qualified open space. The Commission requested that an amenity that provides some seating be added to the open space lot that contains the pond. The Applicant has verbally agreed to adhere to this but has not yet provided an updated landscape plan showing this. The Ridenbaugh Canal runs through the northern portion of the subject site and essentially makes up the required landscape buffer along Victory Road. Per the UDC, this waterway is required to be tiled. However, the Applicant wishes to keep the canal open and act as the buffer between Victory Road, an arterial street, and the common open space lot proposed south of the canal. Staff supports this proposition by the Applicant. The Applicant is requesting a Council Waiver to keep the canal open. The location of the canal in relation to Victory Road also brings up issues with the required frontage improvements along Victory Road by ACHD and City code. Code dictates that sidewalks are required when the property has frontage on public roads like that of Victory Rd. Similarly, ACHD has conditioned the Applicant to construct detached sidewalk along Victory no closer than 31-feet from centerline of the road. This requirement would place the sidewalk within the irrigation district easement and into the toe of the slope of the raised canal. Since the Commission meeting, the Applicant has met with the irrigation district to obtain approval of placing the sidewalk on one of the canal roads along the Ridenbaugh Canal to meet the requirement to construct a detached sidewalk; this request was denied by the irrigation district unanimously. In addition, the Applicant has filed an appeal of the sidewalk condition with ACHD citing these issues. However, there is no avenue within our UDC that this requirement can be waived and it is not eligible for a variance. Staff understands the position that the Applicant is in but it is up to the Applicant to find a solution and not the City. Commission Recommendation: Commission recommended approval of the preliminary plat application. Summary of Commission Public Hearing: i. In favor: Bonnie Layton, Applicant Representative ii. In opposition: None iii. Commenting: Bonnie Layton iv. Written testimony: None Key Issue(s) of Discussion by Commission: a. Applicability and location of the required sidewalk along Victory Road; b. Location of fencing along Ridenbaugh Canal and the mislabeling of the irrigation district’s access road as a pathway for the proposed plat; c. Layout, placement, and usability of the proposed open space – specifically, how an amenity can be added to the open space lot containing the pond and how to open up the central open space lot more; d. Issue of the sliver of open space behind the cul-de-sac lots as outlined by Staff with a proposed change to rotate three of these lots to move micro-pathway to the east and help this sliver be usable area; e. Clarify Staff’s comment on the fencing within the north and south open space lots. Commission Change(s) to Staff Recommendation: a. Strike condition number four (4); b. Modify conditions 1.A and 3.B to reflect rotating those lots to the west; c. Add condition to lose a buildable lot around the central open space lot in order to open it up; d. Add condition to provide a looped sidewalk within the north open space lot; e. Add condition to add or move an amenity that will provide seating to the open space lot containing the open water pond. Outstanding Issue(s) for City Council: a. The Applicant was unable to find a solution with ACHD or NMID regarding the location for the required sidewalk along Victory Road. The Applicant will need to provide this sidewalk or obtain an approval from City Council for an alternative. Written Testimony since Commission Hearing: Christopher Vondemkamp – Concern that portion of property may be wetlands. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number \[#\], as presented in the staff report for the hearing date of \[date\]: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number \[#\], as presented during the hearing on \[date\], for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number \[#\] to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Jocelyn Park Subdivision (H-2020-0067) by Bonnie Layton, Located on the South Side of W.Victory Rd.,Approximately 1/4 Mile West of S. Meridian Rd. A. Request: A Preliminary Plat consisting of 67 single-family residential lots and 7 common lots in an existing R-8 zoning district. Page 124 PUBLIC HEARING SIGN IN SHEET DATE : September 15 , 2020 ITEM # ON AGENDA : 9 PROJECT NAME : Jocelyn Park Subdivision ( W2020 - 0067 ) PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 1 / c, r'1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 Item#9. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: September 15, 2020 Topic: Public Hearing for Jocelyn Park Subdivision (H-2020-0067) by Bonnie Layton, Located on the South Side of W.Victory Rd.,Approximately 1/4 Mile West of S. Meridian Rd. 1. Request: A Preliminary Plat consisting of 67 single-family residential lots and 7 common lots in an existing R-8 zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Meeting Page 125 Item#9. STAFF REPORT C:�*%_ W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 9/17/2020 Legend DATE: Project Location TO: Mayor&City Council •`1_s FROM: Joe Dodson,Associate Planner , 208-884-5533 ® f Y SUBJECT: H-2020-0067 ®� Jocelyn Park Subdivision m LOCATION: The site is located on the south side of • �' W. Victory Road, approximately 1/4 mile west of S. Meridian Road,in the NW 1/4 - of the NE 1/4 of Section 25,Township 3N.,Range 1 W. L PROJECT DESCRIPTION Request for Preliminary Plat approval of 67 single-family residential lots and 7 common lots in an existing R-8 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 12.675 (R-8 zoning district) Future Land Use Designation Medium Density Residential Existing Land Use(s) Vacant Proposed Land Use(s) Detached Single-family Residential Lots(#and type;bldg./common) 74 total lots—67 single-family residential;7 common lots. Phasing Plan(#of phases) Proposed as one phase Number of Residential Units(type 67 units—detached single-family homes of units) Density(gross&net) Gross—5.1 du/ac.;Net—9.76 du/ac. Open Space(acres,total 3.75 acres total—2.56 acres of qualified open space [%]/buffer/qualified) (19.8%) Amenities 4 qualifying amenities—walking paths; shaded picnic area; tot-lot;and additional qualified open space. Physical Features(waterways, Ridenbaugh Canal—along northern and northeastern hazards,flood plain,hillside) borders of property. Existing pond in south end of site is proposed to stay. Neighborhood meeting date;#of April 28,2020(Online Zoom Meeting due to Covid-19 attendees: Virus)—4 attendees Page 1 Page 126 Item#9. Description Details Page History(previous approvals) H-2018-0100(PP,set to expire in December of 2020);AZ- 13-014,DA Inst.#114007668. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Draft Staff Report • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access is proposed via extending existing and proposed Hwy/Local)(Existing and Proposed) local streets into the development from the west and southeast.No access is proposed to W.Victory Road. Stub Street/Interconnectivity/Cross Access into this development would be from stub streets of Access adjacent subdivisions.The stub street in the southeast from Meridian Heights Subdivision currently exists;the stub street from Timberline No.2 is proposed and approved in their final plat. This property is proposing a stub street to the adjacent property abutting the site in the northeast. Existing Road Network No Existing Arterial Sidewalks/ The subject property has a small area of arterial street Buffers frontage along W.Victory Road that is between the right- of-way and the Ridenbaugh Canal.This area is not improved with curb,gutter,and sidewalk at this time. Proposed Road Improvements Applicant is not proposing to improve any right-of-way along W.Victory Road. Distance to nearest City Park(+ 0.8 miles to Bear Creek Park(18 acres in size) size) Fire Service • Distance to Fire Station 1.9 miles from Fire Station#6 • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#6 reliability is unknown at this time due to it being the newest station. • Risk Identification Risk Factor 2—residential with hazards(open waterways) • Accessibility Proposed project meets all Fire required access,road widths,and turnarounds. Police Service • Distance to Station 3 miles from Meridian Police Department • Response Time Approximately 3 minute response time to an emergency. • Call Data Between 3/l/2019-2/29/2020,the Meridian Police Section Department responded to 459 calls for service within a VIII.D mile of the proposed development.The crime count on the calls for service was 26. See attached documents for details. Between 3/l/2019-2/29/2020,the Meridian Police Department responded to 8 crashes within a mile of the proposed development. See attached documents for details. • Additional Concerns None Page 2 Page 127 Item#9. Description I Details Page West Ada School District—West Ada did not send any comments for this project. Wastewater • Distance to Sewer Services N/A • Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.96 • Project Consistent with WW YES Master Plan/Facility Plan • Impacts/Concerns Committed additional 1,530 gpd to model. Water • Distance to Water Services 0' • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water YES ' Master Plan • Impacts/Concerns There is an existing 8-inch diameter water main on the west side of the existing pond that is not shown on the conceptual engineering plan;this water main is to be abandoned. See Exhibit VII.D for illustration of the extent of this main to be abandoned. COMPASS Job/Housing Ratio 0.5 (range of 1-1.5 is ideal;lower number indicates an employment need) Nearest Services Bus Stop— 1.5 miles Public Park—0.8 miles Grocery Store— 1.1 miles Additional Comments The site is not currently served by public transportation, although ValleyConnect 2.0 proposes bus service from downton Kuna to the Boise Research Center along Victory Road and Stoddard Road.The closest bus stop would be less than mile in distance when that route is operational. Sidewalks and bicycle lanes and safe crossing of Victory Road are recommended. Page 3 Page 128 1 1 1 L• 1,� I . ■i 4 � `__ IIIIIIIIIIr�■ '?,r' J ` I , -■--MEN ■ ar in aJ - ul......—.1,/ICT`OFR�Y—.�/ _� �. s�-s: -VICTO'r'" .i'C •11 Q :■� \ � 5 -s.T Ali tom,IN j _ w IN moommomm Olson • IiiU -• e r I I ��16 i;�'�,� I 1 1 1 1 1 I I 1 ■ai l■■■■ ■■i ��..... son r•• __' � a ram--■p=' �• • - • • • h-:-- _ • - • • • h�:-is ■__R>t.'_a :: ■ 1.111 In 1� =- I���r L�■>•� �.1� Illlllllnnn=r ■ice- �.1� 11111111111■C■ in IN AS _ '" •�-� �i ■ Ilniun■� 1/ICTOr- ■ Inni.iiir �_1/TCTIO r- - f[ r--p i _ 11 `01►`I Z 1. IN �� n.a ••. ;�. �. �>, n.r■ ••. •1. ��'a G: un■ � ryi well �i un. .ilh� pr■t ri ' I i►� 1:43- .Ai r pra ro ' � :.►� mn ■■■■ n■n �/ i•. � r�_= nnn-:C nm.■■■■ n■■u= �`i i 1• l '�=e1'��n .W....L.■■■■■■..■■■tY. \..�.1 : t W milli I MUNE= n■nunall.�\..�: r W F n. •� �Illpml dun m -� � •; � �tiiiii ii 1 a • �� � � I��M y�li :: nn nnPr � , w nu n��l llllll■ " ��i•�• �yl�1 111� �.iiiiii=� C rn■ ■nm 11 fill. _ IR B .■.I�■r n ■■nm •I 1�.,'1�1 ■ �•..... 1 in nn■nry � Iluunnuur��r - y i�1�,�.11-..�r-r �m h�♦ ,l illlll �=_ -- Item#9. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 7/17/2020 8/28/2020 Radius notification mailed to properties within 300 feet 7/14/2020 8/26/2020 Site Posting 7/20/2020 8/21/2020 Nextdoor posting 7/14/2020 8/28/2020 V. STAFF ANALYSIS The subject property was annexed in 2013 as part of a larger area known as Victory South(AZ- 13-014).There is an existing Development Agreement(DA) associated with this annexation and property but the requested application and the recorded DA do not require modification as the proposed development is consistent with the provision contained in the agreement.In addition, a preliminary plat was approved for this property in 2018 for the same titled plat name,Jocelyn Park. The existing plat is set to expire in December,2020 but the current developer wishes to obtain approval of a new plat with higher density more in line with the dimensional standards of the existing R-8 zoning district.Please see further Staff analysis below. A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) 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. The subject site is located in an area of the City where low and medium density residential developments are existing and anticipated. The subject site is surrounded by existing City of Meridian zoning and development except for a small parcel that abuts its northeastern property boundary. Therefore, this project is an infill development per the definitions in City code. The proposed development has a gross density of 5.1 du/ac meeting the density requirements for this future land use designation. In addition, the existing R-8 zoning allows for detached single-family residences with average lot sizes above 4,000 square feet. The proposed development meets these requirements as well. Staff finds the proposed use and gross density to meet the intent of the future land use designation of Medium Density Residential. B. Comprehensive Plan Policies(https://www.meridiancity.orglcompplan): The applicable Comprehensive Plan 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"(2.01.01 G). The proposed development has existing R-8 zoning on the subject site. A majority of the surrounding development has R-4 zoning which requires lot sizes twice as large as the ones proposed within this development. There is a pocket of additional R-8 zoning to the east of the subject site that the proposed density is consistent with. Overall, adding a development of this density flows with the existing development naturally and adds to the availability of smaller lots in this area of the City. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices"(3.07.01A). The proposed project design connects the two local streets that are stubbed to this property which adds to the overall connectivity in this immediate area. In addition, the proposed density of this project matches that of adjacent subdivisions to the east and west and therefore is not in a Page 5 Page 130 Item#9. geographic position to offer transitional density. This development would be screened from Victory Road, an arterial street, by way of a large open space lot in the north of the site. The Applicant is also proposing a large open space lot in the south of the project site which also offers further buffering of this development. Sidewalks are shown throughout the project with some micro path connections that will help connect open space in this development to that in adjacent developments. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks" (3.02.01 G).All public utilities are available for this project site due to the existing subdivisions surrounding the development. This project also lies within the Fire Department response time goal and the Meridian Police Department has stated this development can be serviced if approved. W. Victory Road is only a 2-lane road in this area of the City but there is no access proposed to Victory other than through the approved access through Timberline No. 2 to the west(this road network has not yet been constructed). Instead, access to this development will be through two adjacent subdivisions, one to the east and one to the west. West Ada School District has not offered comments on this project at this time. Staff understands that school enrollment is a major issue that is continually being monitored and worked through. Stafffinds that the existing and planned development of the immediate area create conditions for adequate levels of service to for this proposed project. "Preserve,protect,and provide open space for recreation, conservation,and aesthetics" (4.05.0117). There is an existing open water pond in the south end of the subject site; the Applicant has proposed to keep this pond open and beauty it with landscaping and will recirculate the water according to city code. This pond is in excess of the 25%of the common lot and therefore cannot count towards the qualified open space. However, Stafffinds that preserving and beautifying this pond is a great asset to this development and likely the development directly to the east and south because this open space lot abuts open space in adjacent subdivisions to the west and south (Timberline No. I and Biltmore Estates, respectively). In addition to this pond and open space lot, the Applicant is proposing nearly twice as much qualified open space than is required by code. Stafffinds the areas of open space in this development will be extensively used despite not being wholly located in the center of the development. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity" (2.02.01 D).Jocelyn Park is proposed with attached sidewalks throughout the subdivision that are also interconnected via micro paths and open space. The non-qualifying open space lot in the south of the development with the open water pond abuts open space in two other adjacent subdivisions which offers connectivity between the developments.In addition, the Applicant is using the micro paths and sidewalks as an avenue to promote pedestrian connectivity and link this subdivision to adjacent ones,specifically, by placing one of the micro paths on the west boundary and in line with adjacent open space in the Timberline Subdivision to the west, the interconnectivity and overall pedestrian access is further increased. Stafffinds this development to be generally consistent and in alignment with the Comprehensive Plan. C. Existing Structures/Site Improvements: The subject site is vacant at this time with no known site improvements. There is an existing open water pond at the south end of the site that has been used for irrigation only. The applicant Page 6 Page 131 Item#9. intends on preserving this pond for the benefit of the development. There are no existing improvements along Victory Road. The previous preliminary plat that was approved in 2018 received conditions from ACHD to construct curb, gutter, and attached sidewalk along W. Victory Road. Staff has not yet received a draft staff report for this application but has been notified that this condition will remain. Therefore, Staff is recommending a condition of approval to revise the plat and landscape plan to show these improvements along Victory Road, including 5-foot attached sidewalk. Furthermore, the adjacent property owner to the northeast has a shed that is actually on the subject property. The Applicant has created a specific lot(shown as Lot 1, Block 3) in the plat in order for the adjacent property owner to later purchase the property and correct the boundary dispute. Staff supports and appreciates this consideration from the property owner regarding this property boundary issue. D. Proposed Use Analysis: The proposed use is single-family residential; single-family detached dwellings are listed as principally permitted uses in the R-8 zoning district per UDC Table 11-2A-2. This development is proposed as one(1)phase with no direct accesses to W.Victory Road. The average lot size is 4,455 square feet with the largest lot being 7,238 square feet. The proposed use appears to comply with all UDC requirements for the R-8 zoning district. E. Dimensional Standards(UDC 11-2): The submitted Preliminary Plat shows lots that are at least 4,000 square feet in size with street frontages of at least 40 feet in accord with the required dimensional standards for the R-8 zoning district. In addition, all local streets are proposed with 5-foot attached sidewalks as required by code. Subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The proposed preliminary plat appears to meet the UDC requirements for the R-8 zoning district as well as those requirements in UDC 11-6C-3. F. Access(UDC 11-3A-3, 11-3H-4): Access to and for this development is proposed via extension of local stub streets. The stub street located in the southeast corner of the site (W. Winnipeg Street) is an existing stub from Meridian Heights Subdivision. The other proposed connection is located in the northwest corner of the site but is not yet constructed.This stub street will be built with the second phase of the Timberline Subdivision directly to the west of the subject site. These two local streets will supply the access points for this development. In addition,the Applicant is proposing to stub a street to the property located to the northeast of the site for fixture connectivity. On this stub street,the Applicant is also constructing a temporary hammerhead type turnaround to ensure safe fire turnaround.NOTE:In discussion with ACHD the hammerhead type design will not meet their requirements for adequate turnaround and the Applicant will have to construct a temporary turnaround that meets both ACHD and MFD requirements. G. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6 for single-family dwellings based on the number of bedrooms per unit. In addition,the Applicant is proposing 33-foot street sections within 47-feet of right-of-way which would allow on-street parking where there are no driveways. Staff finds that if the single-family lots are developed according to UDC standards,the proposed plat offers adequate on and off-street parking for the development. Page 7 Page 132 Item#9. H. Pathways (UDC 11-3A-8): There are no multi-use pathways proposed or required with this development. There is existing multi-use pathway on the north side of Victory Road,directly north of the subject site. However, the Applicant is proposing micro-pathways in multiple locations in the development to add pedestrian and bicycle connections throughout. These pathways connect the central open space area with the 5-feet attached sidewalks located along the local streets throughout the development. The Applicant is also proposing a micro-pathway connection on the west side of the project to connect with a pathway and open space connection in Timberline No. 1. In addition, a pathway is proposed within the large open space lot abutting the Ridenbaugh Canal. Staff supports the addition of micro pathways throughout the development but has some concerns regarding their placement. First, Staff believes the micro path connection from the central open space lot to the western street should be relocated two lots further north, between Lots 10& 11, Block 3 to help with potential visibility issues and crime prevention. Second, Staff has concerns over how the pathway within the large open space lot along the Ridenbaugh Canal is depicted on the submitted plans and where it shown to connect to the Timberline Subdivision to the west. The Timberline lot directly abutting the subject site in the northwest corner is a buildable lot and will have a privacy fence on the shared property boundary. Therefore, the proposed layout of the pathway shown would likely never become a reality. The only other pedestrian access out to Victory Road from this site would be via the irrigation district access road but this is not supported by staff nor the irrigation district at this time. This access road will likely be fenced off from this open space lot to ensure a safer open space area along the canal. Because of these issues, staff proposes that the proposed pathway be completely out of the irrigation district easement and looped around this northern open space lot for a walking path around the perimeter of the lot and connect back to the proposed sidewalks along the extended W. Cumberland Drive. I. Sidewalks(UDC 11-3A-17): Attached sidewalks are proposed along all internal streets as part of the overall pedestrian circulation,in accord with the standards listed in UDC 11-3A-17. Staff supports the sidewalk and pedestrian circulation plan for this development with the specific changes noted above and in the conditions of approval. J. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to W.Victory Road, an arterial street, landscaped per the standards listed in UDC 11-3B-7C. The Ridenbaugh Canal and the Victory Road right-of-way appear to take up all of the required landscape buffer along the arterial street. Because of the physical lack of space between the right-of-way and the irrigation easement, the Applicant is not proposing any landscaping directly along Victory. Despite the constrained area,Staff recommends that the Applicant coordinate with the irrigation district to determine if landscaping along the north side of the canal is feasible or doable prior to the City Council hearing. If allowed, the applicant would be required to obtain a license agreement for these improvements, subject to NMID requirements. Landscaping is required along all pathways (including micro-pathways) in accord with the standards listed in UDC 11-3B-12C. The total lineal feet of pathways with the required and proposed number of trees are NOT included in the Landscape Calculations table but the Applicant appears to show the required number of trees per the UDC. Staff is ok with this as the correct number of trees are shown. Page 8 Page 133 Item#9. Common open space is required to be landscaped in accord with the standards listed in UDC I I- 3G-3E. The total square footage of common open space and the required number of trees to demonstrate compliance with UDC standards is included in the Landscape Calculations table. Although the correct number of trees are shown on the landscape plans and within the calculations table, the required shrubs and other vegetative ground cover is not depicted on the landscape plans. Therefore, Staff is recommending a condition of approval to show the required shrubs along the micro pathways per UDC 11-3B-12C.2. K. Qualified Open Space (UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required. Based on the proposed plat of 12.93 acres,a minimum of 1.29 acres of qualified common open space should be provided to satisfy this requirement. According to the open space exhibit(see Exhibit VII.B),the applicant is proposing a total of 3.65 acres of open space. The exhibit shows three (3)distinct areas of open space: one area in the south that contains the pond; one area along the entire northern boundary of the subject site; and one centralized area. The large open space lot containing the pond abuts open space area in the Timberline No. 1 subdivision currently under construction.In addition,there is an end cap lot and a micro-pathway connection to the west shown on the open space exhibit. The submitted open space exhibit shows all of this area as qualifying but upon Staff s review, some of this area is not qualifying. The existing pond is more than 25%of the lot in which it resides and therefore the entire lot is not qualifying open space per the standards listed in UDC 11-3G-3B.7. The other area of open space that is listed as qualifying but is indeed non-qualifying is the end cap lot located at the south end of the lot(approximately 4,200 square feet)directly north of the pond. This area meets neither the 50'by 100'dimensions nor the 5,000 square foot minimum size in order to count towards the qualified open space. After removing the end cap lot and the lot containing the pond from the open space calculations, there are 2.46 acres of area that is all qualifying open space. Staff is recommending a condition to revise the open space exhibit prior to the City Council hearing to ensure a clean record. An area of additional concern for Staff is the open space area directly north of Lots 35-37, Block 3 (the lots at the end of S. Garibaldi Court in the eastern half of the site). The Applicant is proposing to leave an area of open space between the rear yards of these three homes and the irrigation district access road. The access road must be fenced off from this development which leaves a thin area behind homes with the only true visibility coming from the open vision fencing of these three homes'rear fence. This area leads to nowhere and does not appear to offer any usable benefit for the development if left as is. Even with the required open vision fencing along the rear of these lots, Staff is concerned this area of open space will be neglected due to the slope of the terrain and its location. Therefore, Staff is recommending that this area be added to the adjacent lots, Lots 35-37, Block 3, instead of remaining open space. The open space calculations should then be revised to remove this area from the calculations table. L. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat(12.93 acres),a minimum of one(1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The applicant is proposing four(4)qualified amenities to satisfy the requirements in this section of the UDC: a child's play structure,a shaded picnic area,walking paths, and an additional 20,000 square feet of qualified open space. The proposed amenities exceed the minimum Page 9 Page 134 Item#9. requirements of the UDC. Staff finds the proposed amenities to be great additions to the community and should serve as more than adequate for the proposed development. M. Fencing(UDC 11-3A-61 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Proposed fencing is shown on the landscape plans submitted to Staff and as seen in Exhibit VII.C. The proposed fencing does not meet all UDC requirements. The non-qualified open space area containing the pond(Lot 24, Block 2) abuts open space in the adjacent Timberline subdivision, as noted above. This area of open space was not fenced by the developer of Timberline No. 1 and Staff supports no fencing along this shared boundary to allow better integration of both open spaces as required by the UDC. The submitted landscape plan shows closed vision fencing along this shared property line which is not in line with the UDC. Staff is recommending a condition of approval to remove the fencing in this area so that the open space is continuous between the two developments. The proposed children's play structure located in the north open space lot should also be fenced off from the Ridenbaugh Canal to ensure an area of safe play for everyone within the development. The only fencing shown on the submitted landscape plans in this area is a fence on the north side of the irrigation district access road.As noted in the comments from the Parks Department, the fence should be on the south side of the access road, in order to separate the access road from the open space and proposed play structure. Therefore, Staff is recommending a condition of approval to correct this and show the fencing on the opposite side of the access road. N. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted conceptual elevations for the single-family homes for this development as seen in Exhibit VILE. Staff has been made aware that the submitted elevations do not show the full mixture of materials that will be used and the Applicant states that some high- end masonry will be used with most of the housing designs. The submitted elevations, with the inclusion of masonry elements, meet the required design standards for detached single-family homes. O. Waterways(UDC 11-3A-6): The Ridenbaugh Canal runs through the northern portion of the subject site. Per UDC,this waterway is required to be tiled. However,the Applicant wishes to keep the canal open and act as a buffer between W.Victory Road,an arterial street, and the common open space lot proposed south of the canal. Staff supports this proposition by the Applicant. The Applicant is requesting a Council Waiver to keep the canal open. VI. DECISION A. Staff: Staff recommends approval of the requested preliminary plat application per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on August 6,2020.At the public hearing,the Commission moved to recommend approval of the subject Preliminary request. 1. Summary of Commission public hearing_ a. In favor: Bonnie La, on,Applicant Representative; b. In opposition:None C. Commenting: Bonnie Layton Page 10 Page 135 Item#9. d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. key issue(s)of discussion by Commission: a. Applicability and location of the required sidewalk alongV ictory Road; b. Location of fencing along Ridenbaugh Canal and the mislabeling of the irri ag tion district's access road as a pathway for the proposed plat; c. Lamplacement, and usability of the proposed open space—specifically,how an amenity can be added to the open space lot containing the pond and how to open up the central open space lot more; d. Issue of the sliver of open space behind the cul-de-sac lots as outlined by Staff with a proposed change to rotate three of these lots to move micro-pathway to the east and help this sliver be usable area; e. Clarify Staff s comment on the fencing within the north and south open space lots. 4. Commission change(s)to Staff recommendation: a. Strike condition number four(4); b. Modify conditions LA and 3.B to reflect rotating those lots to the west; c. Add condition to lose a buildable lot around the central open space lot in order to open it m d. Add condition to provide a looped sidewalk within the north open space lot; e. Add condition to add or move an amenity that will provide seating to the open space lot containingthe he open water pond. 5. Outstandingissue(s)ssue(s) for City Council: a. The Applicant was unable to find a solution with ACHD or NMID regarding the location for the required sidewalk alongV ictory Road. The Applicant will need to provide this sidewalk or obtain an approval from City Council for an alternative. C. City Council: To be heard at future date. Page 11 Page 136 Item#9. VII. EXHIBITS A. Preliminary Plat(dated: Yuly 17,2020 9/08/2020) aaioN sro ivlaaaase�000a__ ee�0000 - 6%01111�� aiadMdll'ODA343Allda3dOD0 3 lid �avrviwn�ad a IN a � a �� , - a 9' .565 ur , go€€Yg ?.. gbu_ �agpp 55 ¢fig. 112 K� �333�6 F8�4 s2453�§4'R�� CRe� m R ,.4 111, -L - �� V, 5.A. J� i. I � it t= �r e� eooeeo-a.99 ��— �n r Page 12 Page 137 Eil Eq •7' i1-10 �dlb y*�•''"� ,,., 5ECTlov Ca3NE3 25 34 A 'y '� CCRVER REM # --— _ - N6 1'#".2.259------------- - - x'rc ' - - Sly gyro- x � Irir.d t—` w —w �_. .66 w.c s�u, L va as tag hl } sF ti ti '. 6A SF rye ' 3F k 5 i w7 3F 4 SF A �. IF 515554 . Y•F � $s f F 5� � � - SF 3• X � �Sfl Y I rp i_'mW iF a __ IYIr I� i7F S��gJi � � 1106 iF �7L I{Fi1 7 y � Lyg1 �IS�fyg *.F 4 'F 3 It ip SF aA4 3 �[Yi A, R 4 I {o6J•F - � � 5 5' } iFC'I:F I i I7F rrt 111 I:J�149h— 7 Im 1 IF µ r-titr ,e3'Cr.3rP __ I � I _ EAS71YE P743 TO FE ----- P937EC7E3y:�j Irr nl: o-s' !'+51671 �m� Page 13 Page 138 Item#9. B. Open Space Exhibit(date: 6/2/2020) i 1r 9 9 0 OPEN SPACE EXHIHrr SFE DATA txa sa u.oa �ea~oeuyoa� � � oex.�ce�mareae �� A°11°O°14RO°" Haan iN I R •� X .......... 4 SL R u� .S A a% g 2 S Q s — a $ R � � 4 �. R .L uj A A f A > jk SZ Al. L $ - J @ $ OPEN SPACE EXHIBIT y I y l4 None L1-US 5 6 r 8 3 10 Page 14 Page 139 Item#9. C. Landscape Plans(date: 7/22/2020) r----------------------------------------------- ------* 19 ` 9 1 _ i - L— o Eno 1 - i;s 1_ 1� 3� 50 1 R x 1 Ile 1 mp 1 1 � 1 > 5 1 1 1 1 1 1 1 1 � 1 Fo 1 w ; ; A-----------------------------------------------------------J i Asl ® = JOCELYN PARK SUBDIVISION E]'I / e s ca g8 fn ?"`" MERIDIAN,ID Page 15 Page 140 --------------- - - - ----- ———- �7 STACK ROCK Y"I T ————————--- .......... po" LI.02 L ------- ---------------------------------------- --- 4 1 7 lo Page 16 Item#9. D. Water Main Exhibit—portion of water main to be abandoned(per Public Works) 3 S �,- _ •Abandon existing water M81358 5•T 7159E �' �h9Yk 6i-s 1912._ main-extents shown in T orange Winnipeg C �* y 614 7162 —8•. - _ r--? eta -_ y 8.131']'is O1268 •F f L F r !!lSrr~ _ ��9-191E8fi� ��'� �w 171J_145656 �wM "` W Ta[I•Prairiel�T�t .r'r, c„, ,� lop rW �• e a� A� Page 17 Page 142 • _� _ _ ,• r�"mow ` flu �R T-V Mft �. F� 77 ttqq - 1 � 1. A .. y' -�r., fly..• 7i is ,� .-. .� •:'q Page 20 Item#9. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The preliminary plat included in Section VII.A,dated July 17,2020, shall be revised as follows at least ten(10)days prior to the City Council hearing: a. Revise the plat to ifi4u e some of the .,re be rotate Lots 35-3-7 and 36,Block 3 to the west and subsequently move the proposed micro-pathway to the east to make the open space area behind them more usable and accessible. as pai4 f these building le instead of eammen open spaee up to the boundary of the it:Figation distfiet easemefA. b. Revise the pla4 to show the mier-e path-way to be leea4ed between Lots 10& 11, Bleel instead f between Lets 12 P. 13, Bleek Z c. Revise the plat to show the additional right-of-way along W. Victory Road as required by ACHD; this should include a 5-foot wide sidewalk located at least 31-feet from centerline. with Arum and 1\aor:,1ia Fire Departfne t st,,,,a,,f 2. The landscape plan included in Section VIl.C, dated 06/18/2020, shall be revised as follows prior to Final Plat application submittal: a. Revise the landscape plans to show shrubs and other vegetative ground cover to the areas along all pathways in accord with UDC 11-3B-12C. b. Revise the landscape plans to show the fencing along the Ridenbaugh Canal to be on the south side of the irrigation district access road and maintain accordance with UDC 11- 3A-6 to separate the open space and play structure from the canal. c. Show the micro-pathway to be located between Lots 10& 11,Block 3 instead of between Lots 12& 13,Block 3. d. Show the required sidewalk along W.Victory Road. e. Remove Revise the fencing shown along the western subdivision boundary located on the common open space lot, shown as Lot 24,Block 2.,to include a break in the fencing to allow for the adjacent open space to be continuous with this open space lot. £ An amenity that adds seating shall be added to the open space lot containingthe he open water pond, shown on Lot 24,Block 2. g. Revise the landscape plans to reflect the revised plat layout. 3. The Open Space Exhibit and calculations table shall be corrected as follows at least ten(10) days prior to the City Council hearing: a. Revise the calculations table to show the correct amount of qualified versus non-qualified open space in accord with UDC 11-3G-3. b. Revise the open space exhibit to show ara ,.,,1,,,,1 tions table to remove that a e b ehil 1 Lots 35-3-7 and 36,Block 3 rotated to the west and the micro-pathway relocated to the east to match the revised preliminaryplat lamtip to the betffidafy of the iffiga4iefi c. Revise the open space calculations to remove that area where the required temporary turnaround is located on the common open space lot, Lot 2,Block 1. Page 21 Page 146 Item#9. 4. At least ten(10) days pf:ief:to the Gity Gouneil hear-ing,the Appliea*t shall revise the aeeess a a-a loop through the 0 spaee lot to , eet 1 aek to the p e a�IIT Cumberland Drive;.t the.i,»-tl west eemer- f the site. 5. The Applicant shall remove a buildable lot that surrounds the central open space lot Lot 2, Block 3)to help this open space lot be more open and visible from an adjoining street; any relevant plans shall be revised prior to Final Plat application submittal. 6. The Applicant shall add a sidewalk that loops through the northern open space lot(Lot 2, Block 1) and revised the landscape plans and open space exhibit prior to Final Plat application submittal. 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 8. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per dwelling. 9. The Applicant shall be required to fence the proposed children's play area separately from other fences to ensure a safe play environment; the fencing shall meet UDC requirements in 11-3A-7. 11. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 12. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 13. At least ten(10)days prior to the City Council hearing,the Applicant shall coordinate with the irrigation district to determine if landscaping is feasible on the north side of the Ridenbaugh Canal. 14. Prior to the City Engineer's signature of the final plat,the Applicant shall transfer ownership of Lot 1,Block 3 to the owner of the parcel located to the northeast(parcel#S1225110160)to ensure the existing shed is not spanning property lines. 15. Architectural design of the future homes shall be generally consistent with the submitted building elevations with the addition of masonry finishes as proposed by the Applicant. 16. The preliminary plat approval shall become null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years of preliminary plat approval by City Council (date unknown at this time); or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. 17. The Applicant shall comply with all ACHD conditions of approval. 18. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. NOTE: The applicant is seeking City Council waiver to leave the adjacent waterways open. Page 22 Page 147 Item#9. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 There is an existing 8-inch diameter water main on the west side of the existing pond that is not shown on the conceptual engineering plan; this water main is to be abandoned. See Exhibit VII.D for illustration of the extent of this main to be abandoned. 1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A future installation agreement is required for the streetlights on Chinden Blvd. Contact the Meridian Transportation and Utility Coordinator for additional information. 1.3 A sanitary sewer service will need to be installed to serve the parcel at the end of W. Winnipeg Street. 1.4 Much of this development is within an area once occupied by a sanitary sewage lagoon. The area has been reclaimed by means of imported fill materials of various sources. The GeoTechnical Engineering Report by Materials Testing&Inspection Co. (MTI) dated March 14,2019 makes note of the various materials found at ground surface,as well as the special considerations that must be followed to ensure that structures are constructed on suitable bearing soils. It shall be required that personnel from MTI,or another qualified geotechnical engineer,verify the bearing soil suitability for each structure at the time of construction. Evidence of such determination shall be presented to the Meridian Building Inspector prior to footing inspection. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required.If a Page 23 Page 148 Item#9. single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have Page 24 Page 149 Item#9. been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT(MFD) https:llweblink.meridianciV.org/WebLink/Doc View.aspx?id=191324&dbid=0&r0o=MeridianC ky D. POLICE DEPARTMENT(MPD) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=191275&dbid=0&r0o=MeridianC Lu E. PARK'S DEPARTMENT https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=192297&dbid=0&r0o=MeridianC iv F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=192103&dbid=0&r0o=MeridianC iv G. BOISE PROJECT BOARD OF CONTROL(BPBC) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=191405&dbid=0&r0o=MeridianC iv Page 25 Page 150 Item#9. H. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=192040&dbid=0&r0o=MeridianC iv I. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=191385&dbid=0&r0o=MeridianC iv J. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=191616&dbid=0&r0o=MeridianC iv K. ADA COUNTY HIGHWAY DISTRICT(ACHD) On4,a dfflfi staff reper4 has been subm4W at this time. F-allewing reeeot ef thefinal repert an Due to the unresolved issue re ag rding the sidewalk alongV ictoa Road.ACHD has not yet issued an official staff report. IX. FINDINGS A. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property 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 own cost, Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information.) 5. The development will not be detrimental to the public health,safety or general welfare; and, Page 26 Page 151 Item#9. Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis but has not provided comments at this time. 6. The development preserves significant natural,scenic or historic features. Commission is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. The Applicant is proposing to keep the existing pond on the property for the benefit of the development which Staff fully supports. Page 27 Page 152 Executive Session: 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. Entered Executive Session : 7:44 pm Excited Executive Session: 8:35 pm Meeting Notes: C � wE N DIAN --- IDAHO Future Meeting Topics Meeting Notes: