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2020-10-27 Work Session WE IDIAN CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 27, 2020 at 4:30 PM Minutes VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/81209647813 Or join by phone: 1-669-900-6833 Webinar ID: 812 0964 7813 ROLL CALL ATTENDANCE PRESENT Councilwoman Jessica Perreault Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA CONSENT AGENDA [Action Item] Motion to approve the Consent Agenda, with the exception of Item 13, made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Perreault, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener Not present: Councilman Borton 1. Approve Minutes of the October 13, 2020 City Council Work Session 2. Approve Minutes of the October 13, 2020 City Council Regular Meeting 3. Hill's Century Farm North No. 1 Sanitary Sewer&Water Main Easement No. 1 4. Lost Rapids Subdivision Pedestrian Pathway Easement 5. Final Order for Baraya Subdivision No. 5 (H-2020-0088) by Matt Schultz of Schultz Development, Generally Located South of W. Franklin Rd. and East of S. Black Cat Rd. 6. Final Order for Baraya Subdivision No. 6 (H-2020-0089) by Matt Schultz of Schultz Development, Generally Located South of W. Franklin Rd. and East of S. Black Cat Rd. 7. Final Order for Lavender Heights No. 1 (H-2020-0090) by LH Development, LLC, Located East of S. Locust Grove Rd. and North of E. Lake Hazel Rd. 8. Findings of Fact, Conclusions of Law for Modern Craftsman at Black Cat (H-2020- 0022) by Baron Black Cat, LLC, Located in the Northeast Corner of N. Black Cat Rd. and W. Chinden Blvd. (SH 20/26) 9. Findings of Fact, Conclusions of Law for Pearson Subdivision (H-2020-0075) by Melanie Pearson, Located at 175 W. Paint Horse Ln. 10. Development Agreement Between the City of Meridian and Brighton Development Inc. and Quenzer Farms, LLLP (Owners) and Brighton Development Inc. (Developer) for Quartet Northeast (H-2020-0017) and Quartet Southeast (H-2020- 0018) 11. License Agreement with Settler's Irrigation to Allow City of Meridian to Cross Settler's Irrigation Southside Canal in Hickory Road Between Pine Ave. and Fairview Rd. 12. Professional Services Agreement Between the City of Meridian and Trauma Intervention Program of the Treasure Valley, Inc. 14. Liquidation of Winnipeg Well Site Lot- Resolve to Declare Intent to Dispose of the Winnipeg Well Site Lot for a Minimum Bid of$70,000 and Authorize the Mayor to Sign the Resolution 15. Resolution No. 20-2234: A Resolution of the Mayor and the City Council of the City of Meridian,Amending the Pathways Master Plan; and Providing an Effective Date 16. Resolution No. 20-2238: A Resolution Declaring the Intent of the City of Meridian to Offer For Sale at Auction Approximately 0.218 Acres of City-Owned Real Property Located at 345 W.Winnipeg Street,Ada County Parcel #R5672060442, Legal Parcel #0442 of Lot 1, Block 10 Meridian Heights Subdivision No. 02 (Parcel B, Record Of Survey#5472) Ada County Idaho; Declaring the Value or Minimum Price, if any, Meridian Intends to Receive as a Result of Such Conveyance at Auction; Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Conveyance; and Providing an Effective Date 17. Resolution No. 20-2239: A Resolution of the Mayor and the City Council of the City of Meridian, Reappointing David Fulkerson to Seat 1,Josh Cummings to Seat 2, and Jon Wardle to Seat 3 of the Meridian Impact Fee Advisory Committee; and Providing an Effective Date 18. AP Invoices for Payment- 10-28-20 - $1,354,444.14 19. AP Invoices for Payment- 10-20-20 - $6,358.18 ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] 13. Approval of Cost Chare Permit with Ada County Highway District (ACHD) for Non- Transportation Improvements Associated with Eagle Rd.,Victory Rd.to Amity Rd. Widening Project Motion to continue this item to November 4, 2020 made by Councilman Hoaglun, Seconded by Councilman Bernt. Voting Yea: Councilwoman Perreault, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener Not Present: Councilman Borton DEPARTMENT / COMMISSION REPORTS [Action Item] 20. Community Development: Budget Amendment in the Amount of$7,590.00 for the Purchase of Software to Integrate ProjectDox,Accela, and Laserfiche Motion to approve made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener 21. Fiscal Year 2021 Budget Amendment to Fund the Operating Account for Lakeview Golf Course for a Not-to-Exceed Amount of$700,000 Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener 22. Lakeview Golf Course Management Agreement Between the City of Meridian and Kemper Sports Management, Inc. Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener 23. Public Works Annual Report EXECUTIVE SESSION 24. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer; and 74-206(1)(d) To consider records that are exempt from disclosure as provided in chapter 1,title 74, Idaho Code No Executive Session held ADJOURNMENT - 5:52 pm Item#1. Meridian City Council Work Session October 27, 2020. A Meeting of the Meridian City Council was called to order at 4:32 p.m., Tuesday, October 27, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Cameron Arial, Caleb Hood, Dale Bolthouse, Laurelei McVey, Mike Barton, Brian Caldwell, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: I will go ahead and call this meeting to order. For the record it is Tuesday, October 27th at 4:32 p.m. We will begin today's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item -- next item is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. I move that we adopt the agenda as published. Hoaglun: Mr. Mayor, second the motion. 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 October 13, 2020 City Council Work Session 2. Approve Minutes of the October 13, 2020 City Council Regular Meeting 3. Hill's Century Farm North No. 1 Sanitary Sewer & Water Main Easement No. 1 Page 5 Meridian City Council Work Session Item#1. October 27,2020 Page 2 of 25 4. Lost Rapids Subdivision Pedestrian Pathway Easement 5. Final Order for Baraya Subdivision No. 5 (H-2020-0088) by Matt Schultz of Schultz Development, Generally Located South of W. Franklin Rd. and East of S. Black Cat Rd. 6. Final Order for Baraya Subdivision No. 6 (H-2020-0089) by Matt Schultz of Schultz Development, Generally Located South of W. Franklin Rd. and East of S. Black Cat Rd. 7. Final Order for Lavender Heights No. 1 (H-2020-0090) by LH Development, LLC, Located East of S. Locust Grove Rd. and North of E. Lake Hazel Rd. 8. Findings of Fact, Conclusions of Law for Modern Craftsman at Black Cat (H-2020-0022) by Baron Black Cat, LLC, Located in the Northeast Corner of N. Black Cat Rd. and W. Chinden Blvd. (SH 20/26) 9. Findings of Fact, Conclusions of Law for Pearson Subdivision (H- 2020-0075) by Melanie Pearson, Located at 175 W. Paint Horse Ln. 10. Development Agreement Between the City of Meridian and Brighton Development Inc. and Quenzer Farms, LLLP (Owners) and Brighton Development Inc. (Developer) for Quartet Northeast (H-2020-0017) and Quartet Southeast (H-2020-0018) 11. License Agreement with Settler's Irrigation to Allow City of Meridian to Cross Settler's Irrigation Southside Canal in Hickory Road Between Pine Ave. and Fairview Rd. 12. Professional Services Agreement Between the City of Meridian and Trauma Intervention Program of the Treasure Valley, Inc. 14. Liquidation of Winnipeg Well Site Lot - Resolve to Declare Intent to Dispose of the Winnipeg Well Site Lot for a Minimum Bid of $70,000 and Authorize the Mayor to Sign the Resolution 15. Resolution No. 20-2234: A Resolution of the Mayor and the City Council of the City of Meridian, Amending the Pathways Master Plan; and Providing an Effective Date 16. Resolution No. 20-2238: A Resolution Declaring the Intent of the City of Meridian to Offer For Sale at Auction Approximately 0.218 Acres of City-Owned Real Property Located at 345 W. Winnipeg Street, Ada County Parcel #R5672060442, Legal Parcel #0442 of Lot 1, Block 10 Page 6 Meridian City Council Work Session Item#1. October 27,2020 Page 3 of 25 Meridian Heights Subdivision No. 02 (Parcel B, Record Of Survey #5472) Ada County Idaho; Declaring the Value or Minimum Price, if any, Meridian Intends to Receive as a Result of Such Conveyance at Auction; Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Conveyance; and Providing an Effective Date 17. Resolution No. 20-2239: A Resolution of the Mayor and the City Council of the City of Meridian, Reappointing David Fulkerson to Seat 1, Josh Cummings to Seat 2, and Jon Wardle to Seat 3 of the Meridian Impact Fee Advisory Committee; and Providing an Effective Date 18. AP Invoices for Payment - 10-28-20 - $1,354,444.14 19. AP Invoices for Payment - 10-20-20 - $6,358.18 Simison: Next item is our Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we move Item No. 13 from the Consent Agenda for further discussion. Other than that, I move that we approve the Consent Agenda as amended and for the Mayor to sign and the Clerk to attest. Hoaglun: Mr. Mayor, second the motion. Simison: I have a motion and a second to amend 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] 13. Approval of Cost Chare Permit with Ada County Highway District (ACHD) for NonTransportation Improvements Associated with Eagle Rd., Victory Rd. to Amity Rd. Widening Project Simison: There was one item moved from the Consent Agenda, Item No. 13, which is the approval of the cost share permit with Ada County Highway District. Is there any discussion on this item? Bernt: Mr. Mayor? Page 7 Meridian City Council Work Session Item#1. October 27,2020 Page 4 of— Simison: Councilman Bernt. Bernt: I believe we -- we have further discussion later on this evening in regard to this and we -- also there is -- depending on how things go tomorrow at the Ada County Highway District meeting, we may need -- this may change going forward, so we are just going to put this on the side burner until we get more information. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Sorry. I got the gist of what Council Member Bernt was just talking about, but his -- his audio is very very faint and it is very challenging to hear him. Bernt: Can you hear me better right now? Cavener: Yes. Bernt: Okay. So, to -- so, to repeat what I said, we just need further discussion regard to this later on in our 6:00 o'clock meeting and with what -- I believe ACHD has a meeting tomorrow that we will have further discussion regard to Item 13, this cost share agreement, so until we get-- I get further clarification on what this looks like going forward, we are going to hold off on this approval. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: In regard to this item, do we just want to continue it to November 4th? Bernt: Yes, sir. Simison: Do I have a motion? Bernt: Is that a motion? I second it. Simison: I have a motion and a second to continue this item to November 4th. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. Perreault: Aye. Simison: The ayes have it and the item is continued. MOTION CARRIED: FIVE AYES. ONE NAY. Page 8 Meridian City Council Work Session Item#1. October 27,2020 Page 5 of 25 DEPARTMENT / COMMISSION REPORTS [Action Item] 20. Community Development: Budget Amendment in the Amount of $7,590.00 for the Purchase of Software to Integrate ProjectDox, Accela, and Laserfiche Simison: Next up is under department/commission reports. First item is Community Development. I will turn this over to Cameron. Arial: Good evening, everybody. Can you hear me okay? And see the slides? Okay. Great. Okay. It's a pleasure to be with you. Just a real quick update and, then, also kind of dive into this a little bit. So, as you guys know the Community Development Department has been working on our software integration particular to Accela and ProjectDox for over a year now and that -- that's been awesome. It was fortuitous that we did that when we did it and particularly with the building side of this prior to COVID. That enabled us to go remote and continue working --working during the pandemic, which has been incredible. We are able to maintain service levels and so on. We are now into the planning phase of this integration and during that process we discovered a pretty cool efficiency and, therefore, that's why we are before you this evening. The meat of this is really just to basically add on an additional -- well, let me step back and just give you a quick overview of kind of what happens now. So, as a planning application comes in, for example, and we will keep it there, you know, the planning team will -- will assess that. It has to be inputted into Accela in order to be tracked and also into ProjectDox, so that the various folks can review those plans and, you know, address them accordingly. It's also filed in our Y drive for internal processing and, then, also in Laserfiche for -- which is our, you know, repository for the entire city. So, customers and citizens can access those files, just like any other public record. So, as you can see there is a number of places where this occurs and not to say that it's a -- it's perfect. It works. But we, through this process, have discovered a more efficient way to do this and that is the proposal this evening. So, with this in mind, just to give you a taste, there is a lot of public records requests, so we worked with IT and, obviously, the clerk's department to -- to really understand what's going on there and really what the impact is and so a lot -- a lot of document flow, a lot of documents saved here and there and it requires a lot of folks to look at things to process those public records requests. So, our proposal really is to automate all of this, to move planning, which is a large portion of our public records requests, to integrate both ProjectDox and Accela like we are currently doing, but also to add on this records retention element, which is Laserfiche. Again, as you can see here this is already the -- the city's repository of choice going forward and so, really, the reason for this is to streamline things, make it more efficient for our team internally to process, but also for the public and, really, we see that, you know, as -- you know, we go into, you know, our strategic plan goals. It really does help us accomplish this. So, it may be that we are able to service customers without them even having to call anymore. Our public records requests as far as planning concern -- is concerned can be very much all online and folks can access the information they are requesting without that extra level of touch from -- from city and staff. With that, just to kind of break down the numbers for you, and if you can just follow my cursor, we really are just talking about the planning piece of this Page 9 Meridian City Council Work Session Item#1. October 27,2020 Page 6 of— now, because that's what -- where we are in the -- in the phasing of this project. At later points likely with the budget cycle we will come and talk about, you know, potentially other funds that are needed. Obviously, we have completed this ProjectDox integration with building that was that massive project that we are pleased to announce that that was completed on time and on budget. But we are really just focusing in on -- on building it this time. You should also see that we have funds available to carry forward -- or that are available from -- from the past project to move towards this and, then, also you will recall that the -- the Council did approve a budget amendment for some of this project for the land development portion of the project. So, really, when it boils down with all that being considered, that's where we get the net ask this evening to advance this part of the integration with the addition of Laserfiche is -- is the 7,590. And, really, we will -- you know, will, again, through the budget process and as we, you know, learn through the integration of Laserfishe with planning, we will bring other potential enhancements and future budgets. Again, really, in our view the -- the time is now to do this. We are already in the -- in the heart of this project. We are already working with the consultant and it will potentially alleviate future rework and just keep the whole project moving forward with this additional efficiency baked in. So, with that, you know, I have -- Caleb's here with us. He's been -- he and Bill and Mindi have been working on this pretty heavily. I also have Dave Tiede on the line from IT, who has -- and Christie who, you know, truly have been managing this project from the IT side. But happy to answer any questions that the Council may have and -- and -- and -- and look forward to a discussion. Simison: Thank you, Cameron. For the record, Councilman Borton has joined us. I don't know when he joined us, if he heard all that, but he is now on the call. Is there any questions for Cameron regarding this budget amendment? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Cameron, just a couple of questions. I'm certainly supportive of the enhancement as an amendment. Excuse me. But it did -- your presentation did bring up a couple of questions and one is about these public record requests that we are receiving, are they coming from any specific industry or entity? I mean who is our top requester of those? Arial: Mr. Mayor, Councilman Cavener, I really appreciate that question. You know, it's -- it's hard to pin it down as -- because, quite frankly, the requests come from all over the place. It could be, you know, a citizen just wanting to know what's going on and -- with the development next door. It could be design professionals, you know, other interested parties. The news media. Certain -- there is -- there is a lot of folks that make those requests and I think it is safe to say-- you know, maybe Chris and others can attest -- you know, those requests haven't been going down, they have been going up, and so it's from a variety of folks and -- you know. But I do appreciate that question, because it -- it does highlight just the workload that's -- that's required to service them. Page 10 Meridian City Council Work Session Item#1. October 27,2020 Page 7 of— Cavener: Mr. Mayor, follow up if I may. Simison: Councilman Cavener. Cavener: Cameron, I think the reason for my question is I think oftentimes -- especially, you know, with government when we start looking at new software tools, it's natural we look to improve the efficiencies of our employees and help relieve the heavy workload that they carry. Sometimes I worry there is unintended consequences that we are so focused on our internal customers that it becomes a cumbersome solution for external facing customers and so maybe you can just give Council a quick kind of flavor about what type of engagement we had with the public to make sure that this is the right tool for them to use, as much as this is beneficial for our internal customers. Arial: Yeah. Sure. Caleb. Hood: Mr. Mayor, Councilman Cavener, Council Members, so regarding that question, I think -- and I want to just double back real quick on Cameron's answer. We get these requests from all the gamut of folks. A lot of them are design professionals. The city clerk's office does send people right now currently to Laserfishe and online and that's where we are proposing to put these documents, so they are in one consolidated place where they can access them, staff can access them, the clerk can access them in one place, not having them be in three and four different places. So, I think it's going to be user friendly. We have thought that through. Again, our city retention -- records retention policy says use Laserfishe, so we are trying to push everything and everybody towards the Laserfishe. Cavener: Okay. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Quick question, Caleb. From a -- a user perspective in terms of streamlining things, is the end goal to enter a document one time and, then, it will automate all those other workflows into other systems? Is that kind of where we are going? Hood: Mr. Mayor, Council Woman Strader, to some degree, yes. And maybe -- let me just make sure we are all on the same foundationally with these different -- what -- what the different software does. So, Accela is our enterprise permitting software. So, that's actually where the permit kind of lives and the workflow lives. So, we kind of communicate internally with where each permits at in process. ProjectDox is the software where you review those plans and you can mark it up electronically and send them out back and forth and, then, finally, again, Laserfiche is kind of where they live in perpetuity to keep those records. So, there is this integration they will still technically exist in some of -- you know, in their previous forms, if you will. They will exist in some of those other locations. So, Accela or ProjectDox you could have older versions of that document. But, really, in Page 11 Meridian City Council Work Session Item#1. October 27,2020 Page 8 of— Laserfiche where they are going to be kept will be most of the documents that most of our customers are looking for, if that makes sense. Strader: Mr. Mayor, follow up. Simison: Council Woman Strader. Strader: I guess what -- a little bit of what I was hoping to hear would be along the lines of the -- maybe IT was sitting down to kind of go through the user experience and make sure that any kind of duplication of entering information manually was being eliminated as much as possible or that what -- I just -- I'm hoping to hear is ultimately planning isn't now uploading into yet another program that -- that somehow this integration ultimately helps eliminate the duplication of work. Hood: Mr. Mayor, I'm sorry that I didn't answer that. Yes, that's exactly what we are trying to do. So, they do talk to each other-- those three softwares talk to each other, so when something is reviewed in ProjectDox, you press the button and it gets uploaded into the Laserfiche software for retention. Strader: Thank you. Simison: Thank you. Council, any additional questions? Or do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we -- excuse me -- accept the budget amendment for the Community Development Department regarding the request for funds for Laserfishe. Strader: Second. Simison: I have a motion and a second to approve the budget amendment in the amount of 7,590 dollars. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. Thank you very much. MOTION CARRIED: ALL AYES. 21. Fiscal Year 2021 Budget Amendment to Fund the Operating Account for Lakeview Golf Course for a Not-to-Exceed Amount of$700,000 Page 12 Meridian City Council Work Session Item#1. October 27,2020 Page 9 of 25 Simison: Next item on the agenda, Item 21, is a fiscal year budget amendment to fund the operation account for Lakeview Golf Course. I will turn this over to Mr. Barton. Barton: Good afternoon, Mr. Mayor, Members of Council. We are here this afternoon with a budget amendment. Last Thursday the Western Ada Recreation District approved the asset purchase agreement between the current golf course operator and, then, as you know, the City Council also approved an agreement in August, on the 11 th, that the city would, then, manage the golf course. WARD approved that agreement at their meeting last Thursday. So, it appears as if these items that we have been talking about over the last couple of months are beginning to fall into place. So, this budget amendment will allow us to transition into the operation of Lakeview Golf Course. It's also worth noting that we are -- it's our goal to offset this with revenue and with that I will stand for questions. Simison: Thank you, Mike. Council, any questions regarding this item? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just have a question maybe more from an administrative perspective. Now that we are going to kind of house an operating business, I'm wondering how often and what form Council might get updates regarding the performance of the golf course? Barton: Yeah. That's a -- Mr. Mayor, Council Woman, that's a great question and -- so we will review the financials with the management company on a monthly basis and I think that we would be happy to come back to council as -- as often or -- as you desire. I would say that probably at a minimum, maybe just a quick check in once a quarter would be good. We -- as -- as we are working through this process we are also going to be undertaking a master plan that kind of gives us our guiding document for one to five and, then, five to ten years and we will -- during that process we will be talking about preferred long-term management, as well as fees, and, you know, all sorts of stuff that's just the nuts and bolts of the golf course. So, we will be back to Council with -- to seek input on that master plan and I think it's appropriate to probably come back once a quarter with financial information as well. Simison: And if I could maybe suggest, I know finance is listening, they always are. This would be a very simple one to have on your dashboards on opengov to see revenue in and costs out. So, you can go in and see that as frequently as you would like. And, then, the conversations with -- with the Parks Department can be more about other things than the financial management and less a concern. So, we need to address -- would be my recommendation. So, hopefully, Todd, if you are listening you can see that's something Council would like on opengov to build review specifically. Strader: Mr. Mayor? Simison: Council Woman Strader. Page 13 Meridian City Council Work Session Item#1. October 27,2020 Page 10 of 25 Strader: I think -- I think that's a perfect idea to put it on the dashboard. I'm imagining there is some seasonality to this business and I do think for the first year at least I'm -- I would appreciate some kind of a context for the performance, at least if not quarterly, you know, twice a year as it's getting started to understand the drivers of revenue and we can check the dashboard and make sure that's all there. So, I love that solution. I just -- I think maybe as we are getting going I would appreciate a little more into the weeds. Simison: And, Council Woman, I think that that's what Mr. Barton was saying, that you can always go check. This allows you to check whenever you want, if -- when you have the question. But, yes, there will be this ongoing dialogue as we find long-term solutions for the golf course. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Mike, are we still going to be able to utilize a citizens committee to provide feedback to KSM and ourselves as far as operations and how they are doing and to continue to gather that and utilize that to provide direction and suggestions to the new operator? Barton: Yeah. Mr. Mayor and Councilman Borton, absolutely. Yeah. It's our goal to maintain the golf course focus group and maybe it becomes more of an advisory board or whatever we want to call it going forward. But they will absolutely be involved in the master planning process, as well as quarterly meetings and we, yeah, fully intend to keep them engaged and going forward. Borton: Thank you. I think that's great, continuing to do that. Simison: And I think that the other thing that we will have to be focused on, too, though, that will be under our parks and rec is how this can be more integrated into the Parks and Rec Commission and its role as well. So, there will be some -- some of those efforts that we will have to figure out what makes the most sense. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I appreciate that distinction and I just -- my two cents would be is that we continue to support the mission of the golf course focus group, whether -- whatever we title it, in that as long as we can as that continues to be a separate operating entity outside of the Parks Commission. I think it's incredibly appropriate to continue to update the Parks Commission, but I think we have seen great value for that task force and I would hope that they would be able to retain -- or remain. Excuse me. Mr. Mayor, one more just -- Mike, I wanted to thank you and your team and the Parks Department. This has been a heavy lift for you and your team and appreciate all your hard work and excited Page 14 Meridian City Council Work Session Item#1. October 27,2020 Page 11 of 25 that we are -- we are kind of getting to this end point in this new chapter. So, thank you very much. Barton: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just one -- one comment to Council Woman Strader's question about, you know, revenue and keeping an eye on things, just -- my sage advice is we just watch the weather report. If it's good weather there is going to be lots of golfers. Bad weather is not so many, so -- but with that, Mr. Mayor, I would move approval of the fiscal year '21 budget amendment to fund the operating account for Lakeview Golf Course in a not to exceed amount of 700,000 dollars. Borton: Second. Simison: I have a motion and a second. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. The motion amendment is agreed to. MOTION CARRIED: ALLAYES. 22. Lakeview Golf Course Management Agreement Between the City of Meridian and Kemper Sports Management, Inc. Simison: Next up is the Lakeview Golf Course Management Agreement. I will, again, turn this over to Mr. Barton. Barton: Thank you, Mr. Mayor and Council. As previously discussed with the Council, our preferred short-term method of operating Lakeview Golf Course is to hire a golf course management company. The agreement that you have before you this evening is that agreement that will allow us to bring Kemper Sport Management on board as soon as the asset purchase agreement closes and with that I will stand for questions. Simison: Council, any questions? Borton: Mr. Mayor? Simison: Councilman Borton. Page 15 Meridian City Council Work Session Item#1. October 27,2020 Page 12 of 25 Borton: You might already have this planned out, but if there is a -- maybe a brief summary on the rollout, there is a -- there is a lot of chatter and incomplete information, just the nature of the beast with this -- as it's been a moving target to make this process happen. So, opposing continue -- or if it gets completed as scheduled is there a plan of attack for the city with KSM to kind of launch this in sort of a celebratory way that there is a lot of positives that is coming from this transaction and answering questions and we are encouraging in particular all those regular folk that --that really enjoy the golf course, that this is something to celebrate and we are all excited about it. So, is there a plan to have an open house or something before Thanksgiving that -- that kind of launches this endeavor with the public? Barton: Mr. Mayor, Councilman Borton, that's -- that's a great -- great question and appreciate the idea. That's a little different than what I think we have been thinking of like. I talked to -- and it's great. We love it. I was talking to Erik Oaas today about some operational transition stuff and one of the things that we talked about was putting out a message to the -- the members and they have an e-mail list that they notify people of upcoming tournaments or, you know, whatever the case may be and it's a pretty pretty extensive list -- to come up with -- with an FAQ or a -- you know, a summary of what's taking place and just so everybody is on the same page as far as whatever -- not rumors, but, you know, we want to make sure -- we want to make sure that -- that -- that the information that's out there is accurate and -- and that's -- so, that's something that we do -- need to do right away. But I, honestly, love the idea of an open house and meet the staff and maybe meet the folks from Kemper Sports Management and even city staff and -- I love that. That's a great idea. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Mike, I think that will help a lot. I think KSM is -- there is a good chunk of folks who just -- they don't know what that is and there may be a total misperception that it's like an east coast venture fund that -- that runs a golf course. That is totally -- is not the case, so seeing the face-to-face interaction and the ability to know that these are boots on the ground folks who care about the course and kind of side by side with the city to make it successful, if the pro is staying, whatever personnel are sticking around, all of that it's going to be really important to have that neighborhood kind of reengage and be excited about this, because they should. Barton: Love it. Thank you. Good idea. Simison: And, Councilman Borton, maybe this could be -- I know that the Council has not been able or -- to do their town hall gatherings, maybe this would be a great way to re- kick these off and to -- that one in this area with the council member from that area. Borton: Could be. Page 16 Meridian City Council Work Session Item#1. October 27,2020 Page 13 of 25 Simison: So -- Borton: Not a bad idea. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I'm full of good advice tonight and I just wanted to inform Councilman Borton we cannot have that party until Kemper has their liquor license first, so just -- just, you know, something to -- something to consider. Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we approve the Lakeview Golf Course Management Agreement between the City of Meridian and Kemper Sports Management. Perreault: Second. Simison: I have a motion and a second to approve Item No. 22. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. The agreement is agreed to. Thank you very much. MOTION CARRIED: ALLAYES. 23. Public Works Annual Report Simison: Yes. And now when all the fun hard work begins. Next item is Item No. 23, our Public Works annual report. So, without further ado I will turn this over to Mr. Bolthouse for the next 28 minutes of riveting information about where the magic happens in the city, our Public Works Department. Bolthouse: Thank you, Mr. Mayor. I will take that as a victory, because I think we were talking 13 minutes just a little bit ago. So, we are -- we are headed in the right direction and I appreciate the opportunity. I will say that the pebble in the shoe, though, is a good move, because, you know, that -- I'm going to be fidgety and I won't be able to settle down, so I will continue to move. So, anyway, thank you, Council and Mr. Mayor, for the opportunity to give you a quick update on Public Works and what we have been busy with the last -- the last year or so. I'm pleased to be in front of you not asking for any money. That's reserved for November through September. So, we will -- we will see how that plays out over the next -- the next several months and so I think -- I just -- I love this picture. Susie found this one. It kind of demonstrates I think exactly what Public Works is in some respects. We got boots on the ground. Critical employees doing -- doing good work for the citizens of the city and serving the community and so I think it's a -- it's apropos for -- for a lot of the work that we do in Public Works. And right up front I just wanted to say thanks to Susie and other staff for helping assemble some of this material. Page 17 Meridian City Council Work Session Item#1. October 27,2020 Page 14 of 25 So, without further ado, this is kind of what I hoped to kind of walk you through tonight. Just a quick look at the water, utility, wastewater, streetlights, a little bit about the financial aspects, enterprise fund, something on staffing and, then, touch on some accomplishments and things we have going on in a lot of our -- kind of foundational support organizations. So, with that we will step through. There is a little bit of organization to our thoughts and that is as we address the utilities we will talk about regulations, we will talk about some capacity, we will talk about some future issues and how things are going along. The water utility -- this happens to be the test well for Well No. 9. It's in reconstruction right now. What you are looking at in this picture is seven different zones. It was an existing well, so we had a better idea of exactly where we had to go to get good water and so those larger tubes that you see are really specifically isolating to what we think are those better aquifers to be tapping into. So, kind of an interesting picture as we look at what -- what a -- what a test well kind of is and look -- looks like there. So, I got a slide by the numbers. One slide for each of those areas that I talked about. And so I just want you to kind of digest this for a minute if you would, 621 miles -- these are kind of how we -- we measure and puff out our chest and kind of our badge of honor is just, you know, how big we are getting as a -- as a water utility. We have added 21 miles, just peeking over 40,000 accounts as the city for the water department. We are averaging almost ten million gallons a day of supply. You can see the number of service orders that our -- our department is processing in the water utility and in addition to that 22,000 number, processed over 15,000 dig line tickets as we locate utilities for other folks in the -- in the community who are -- have a need to -- to do that. One of the other items I wanted to mention here is that we are now -- with five of our facilities having water treatment, we are supplying about 6.7 million gallons a day of that 9.9 with treated water facilities and we will talk a little bit more about that here in a minute. Two other accomplishments. One, absolutely zero regulatory violations in the last year. And, then, words of wisdom from our assistant city engineer Kyle, who very nicely quotes that without water we get really thirsty. So, thank you, Kyle, for that contribution. A little bit more about water quality. As I mentioned we have five treatment facilities online. We have two that are in progress and will be completed by the end of this fiscal year and, then, four others that are planned by FY -- by the end of FY-25. That allows us to move from our current 66 percent of average day demand being treated up to 90 percent of our -- of our demand. And as the chart in the upper right would show, if you look at water quality calls associated in the years for brown water and those items as, you know, are associated with manganese, you can see that the treatment facilities have made a substantial improvement in the quality of that particular concern and we are down very low. Adding to that is a great effort by the water department in modifying and improving their flushing program, so that we now prevent that precipitation from occurring in our water system and we are flushing it and getting it cleaned out. It should stay clean. But we do have some future challenges and -- and those items are that manganese, which used to be an aesthetic challenge for us, is now gaining in regulation attention across the nation as a concern. We felt that most recently as our UCMR IV efforts and the health advisory concerns that came of that, that specifically precipitated moving up and treating Well 17 specifically there. Other wells that we have in our system -- some of them have higher than desired uranium levels and so that's another opportunity for us to look at as we look forward in treatment efforts. Arsenic is prevalent in our area and we have a -- we Page 18 Meridian City Council Work Session Item#1. October 27,2020 Page 15 of 25 have a particular well that we are working on mitigation efforts today. And, then, we are in the midst of our corrosion control study, which is a regulated requirement that we understand the corrosivity of our water on a variety of materials, most of those being metal based type materials. So, those are going to be the issues that we have continued to focus on as we -- as we look down the road here in the water department. In terms of supply, I wanted to just reconfirm that we do have 25 supply wells in the system, that we have a maximum capacity of 54 million gallons per day. That's a peak capacity, which, by the way, our peak capacity demand today is 20 million gallons in the last year. So, we do have what appears to be more capacity than what's needed. However, when you look at the regulatory requirements and being able to supply the community and pulling off your top performing wells in each of the zones and everything else, that suggests about 15 to 20 million more gallons than what we need and on top of that fire flow and you quickly get up to about 50 million gallons per day plus is what we need to have satisfying our needs today and -- and we have that. In addition we have got two ground reservoirs that are supporting us with four million gallons of storage capacity that help take and shave off that peak as needed. In the future, looking out at about the next 15 years, we do have five additional wells and a lot of that well demand starts with fire flow requirements in areas as we build out these pressure zones. Those wells will be coming online. One projection suggests is as we approach build out of the city we are going to need 75 to 80 million gallons per day of future capacity and that will include two additional reservoirs and those are -- those are ten million dollar investments each. We are continuing to drive forward on source water protection. That's extremely important for us. Not only is -- is the City of Meridian, but the entire valley, we have made progress with IDWR and -- and enforcing good well construction efforts and that's -- that's almost been an area that we have had to continue to put focus on and make sure that those -- those administrative rules are being enforced and we are continuing to always look at drought mitigation. So, cities, municipalities, we are not exempt from a call if we ever ended up with a shortage and, surprisingly, we don't have the most senior of water rights in the city. So, we are always looking for opportunistic efforts, possibly purchasing senior water rights, making -- making sure that we are in the conversation as new water sources become available. A couple of those we have listed here as the -- you know, Anderson Creek dam raise that we are -- we have submitted an MOU of interest in that project, as well as Cat Creek, which is similar in nature, that could -- could offer future drought mitigation. So, we will see where those --those play out. On the regulatory front, certainly mentioned that we had zero -- non -- noncompliance issues this year. However, we do have a few more things that we accomplished this year. We completed in November the UCMR IV efforts without issue. We completed risk and resiliency assessments, which is required by DEQ. That led to an update on our emergency planning response plan. That was also a requirement that had to be completed and we finished all of our well security upgrades, which has been a multiple year project that was largely driven by Homeland Security recommendations. We have some future challenges that certainly we got to keep a constant eye on. Current items that are regulated, contaminants and things. There is constant science improvement and changes and regulations and that has a tendency to drive -- drive those limits and requirements down. The whole area of health advisories, which appears to be a way that regulatory enforcement can occur without new regulation. So, that's -- that's something that we are watching. Lead and copper rule, Page 19 Meridian City Council Work Session Item#1. October 27,2020 Page 16 of 25 there is a lot of activity on where that's actually going to sort out and where the responsibilities lie with water purveyors in terms of that potential issue. And, then, constituents of emerging concern. I just picked one here PFAS. Those are kind of almost ubiquitous chemical compounds associated with plastic and in a variety of product manufacturing. We did have a success story as a relates to that and that was working with our fire department. The foam that they use in firefighting had that constituent in it and it can be a pretty serious contaminant and working together they identified an alternative product and actually had that removed from -- you know, from their trucks and use. So, we really appreciate their support on that. In terms of infrastructure, we did have a number of things that were completed. They are listed here. You are aware of some well abandonment projects that we had going on and this map just kind of highlights some of those infrastructure efforts throughout the town. Red are projects that got done. Green are in progress. Yellow are those that are coming in the near -- in the near term future. So, you can see there is a lot of effort there. We also have a number of challenges that's -- as it relates to infrastructure and that is the development of the southwest pressure zone. As we see contiguous nature of the geography down in that area becoming more challenging, the engineering team is doing an awesome job of looking at proactive opportunities to make investment that will prevent the need to be as disruptive as we look to expand our systems down the road. An example of that is actually in some of these roundabout intersections that are going in, putting in sleeving and infrastructure in advance of its actual needs, so that when -- when that time comes we are not --we are not tearing up those kinds of assets to support it. This is the year that we progress in our AMI efforts. That's the automatic meter infrastructure, which allows us to have online realtime monitoring of our water meter systems and that will be progressing this year and, then, one of our future challenges that here a few years ago that we didn't even really recognize and that is the boring industry, as they lay new fiber around the town and do other things, has really become a bit of a thorn in our side and we are -- we are regularly having some of our services and assets hit, most recently up on Hickory, by a boring -- by a boring outfit. So, anyway, something for us to keep an eye on as we look down the road. Shifting gears now over to the wastewater plant. A particularly nice picture that -- of some of the new infrastructure that we have got there from our recent capacities project. Just wastewater by the numbers. Fewer miles than water, but we just broke over 500 miles of sewer and over 2,000 new accounts added in the past year. Fifty-eight miles of our sewer system got cameraed and logged in terms of their condition and 40 additional miles got cleaned and I direct your attention to the pretreat. This is a two person team in our group that is there to put in preventative measures from any businesses in supplying any kind of contaminant or concern that comes down to -- to the waste treatment plant responsible for making sure that restaurants and those things have adequate systems that prevent grease and oils and those things from coming down and you will see that they had, you know, over 550 inspections and reviewed over 500 plans as they come through the system. Our maintenance and service orders here are internal and -- and largely completed by our maintenance and operations group and recognizing the -- the great work that our lab staff does. They completed over 13,000 compliance tests out of our-- out of our laboratory facility. Also very proud that they had zero permit violations at our wastewater facility. They are actually having to -- under the jurisdiction of three different permits, the -- the IPDES discharge permit, the reclaimed water permit, and -- Page 20 Meridian City Council Work Session Item#1. October 27,2020 Page 17 of 25 and an air permit as well. So, great-- great effort. And they were also recently recognized by Idaho DEQ as a pollution prevention champion with a lot of the great work that's happening down there at the plant. In terms of the regulatory landscape for wastewater, you know, that permit that started in 2017 just had a substantial reduction in nutrient discharge. As the challenge for the city it increased the laboratory testing significantly and in order to accomplish that we -- we negotiated a ten year compliance schedule that included both interim limits, which were at the five year period and final limits, which we are required to comply with in ten years. The day that we got our new permit in 2017 is the day that we started planning for our future permit. We have two of them coming, one in 2022 and another one in 2027. They are on a five year cycle. And we do have some emerging regulatory concerns that we are watching very carefully. We are one of the only municipalities in the area that does not have a temperature limit on our-- on our discharge and arsenic as a constituent, which is naturally occurring in this area, is also possibly on the horizon. So, we -- we spend a lot of effort as we prepare and now move towards our upcoming permit renewal. In terms of investments to meet those compliance milestones, what -- I would say that we are probably reaching halftime. We have just completed the capacity expansion on the liquid side. The new headworks project. We have -- we have built over the last six or eight years the facilities to support the needs of the -- of our permit and requirement going forward. As identified here that's been slightly over 80 million dollars that have been invested in projects and completed and now we have another 72 million dollars planned as we look to really drive down to those final limit levels that are required. Projects that you have approved for us in terms of digester six, which helps us expand the solid side of our operation, the sidestream phosphorus, which is -- which is, obviously, tied very specifically to our final limits tertiary filters, which are on the horizon and have to be in place and operational by 2025. We also appreciate support in terms of getting property around the wastewater facility and we have completed part of that effort with our recent land acquisition. If you are -- if you are really interested, one of the -- one of the things that we are having to do is completely modify and change the biology of our facility to a much more complex process and that will enable us to remove and get down to some of those final limit areas and I know that Laurelei and Travis would be more than happy to -- to school you on -- on the difference in these processes. In terms of infrastructure, like on the water side you can see that red is complete, green is in progress, yellow we got a number of sewer efforts on the infrastructure side. We have done some commissioning of chemical feed systems, our electrical power system buyout has proven to be a great contributor to our efforts out at the waste treatment plant. Just recently completed the automatic transfer switch effort and in a number of these projects we have upgraded our switch gear and transformers and where ever we have been able to do it we have undergrounded our power distribution system to date. We have also just recently last week received the draft odor study that we have been waiting for and Friday we actually have a first effort to have the consultant give us a breakdown on what that shows. So, we will be -- we will be back to share that with you. In addition, we have had a lift station abandoned and a number of road projects as you can see here. I wanted to take just a minute to talk about some of those really big efforts that are on the planning horizon as it relates to the sewer servicing of -- of some of the areas of town. So, in order -- I will just kind of walk down through this list and if you look at the pink session -- section here, in order to serve that area, because that's downgradient -- everything in our city basically Page 21 Meridian City Council Work Session Item#1. October 27,2020 Page 18 of 25 falls from the southeast to the northwest -- that requires the addition of a lift station. That lift station has been added into our CFP. That's an eight and a half million dollar effort that if desired will -- could move forward as early as FY-22 with the design and that would allow us to serve that -- that area in pink and that ultimately gets brought back to The Oaks or North McDermott lift station and ultimately gets pumped back to the plant. The yellow section is -- is the McDermott trunk extension. We also have that starting in FY- 27, an investment of approximately a mile of that, and moving south and that's required to serve really anything to the south along there. The blue is the South McDermott lift station and that's what will ultimately enable the city to open up the Victory sewer shed that is highlighted in blue there. And, then, all of those projects, depending upon how they come in and in what combination, will require us to take The Oaks lift station, which is a temporary lift station and, ultimately, build a large regional lift station and that -- that's a nine million dollar investment there that would allow us to handle any and all of the capacity coming. So, those are -- those are some of those future planning items that allow us to, you know, open up other areas of the City with -- with sewer service. Just a little bit about streetlights is that we are -- we are over 8,000 streetlights that the city's responsible for. We added 591 new lights to that portfolio this year. Now, the bulk of those come from developer driven projects that have contributed capital back to the city, but, in addition to that, the money that we have available to us in serving under -- underserved areas, CDBG grant type efforts and things all contribute to that number. We completed 131 LED conversions and if you recall you -- you supported us in bringing in the line locate effort for streetlight power runs and we completed over 1 ,200 of those efforts, you know, in house. You may not be familiar with the fact that we have three different rate schedules for our street lights. The 41 A schedule is an Idaho Power owned and maintained light that we pay just the power bill on, but it's very expensive, because it includes those other costs built in. The 41-B is very limited maintenance by Idaho Power, but bulb changes and things. It has a -- it has a more favorable power rate and, then, finally, the ones that we own and maintain ourselves has the lowest power rate. A lot of -- a lot of irons in the fire there that are certainly coming down the road, continuation of the LED conversion. The PUC recently approved the recommendation that the 41-B lights and their system have to be ultimately converted to 41-C. That is not required to happen until the fall of 2023 and we are looking at that, but opportunistically, as long as they continue to maintain and replace the necessary things, we may be looking at converting some of those a little bit sooner and probably one of the biggest challenges we have got I think as a city is we need to find a sustainable funding mechanism, so that we can make the appropriate investments. We probably have -- between underserved areas that we could serve and LED conversions that we could do, you know, we are probably staring at somewhere around six to eight million dollars of effort that could be -- that could be needed and that -- that's a lot of pressure and competition when you consider that that's -- that has to fight with all of the rest of the general fund areas. Enterprise. Jumping into the Enterprise Fund financial, if you take a look here you can see that the rate model that we run and track shows that we are in pretty good shape in terms of solvency for the department for revenue and expenses and that includes both operating and capital requirements. However, you will notice the trend the last few years starts to kind of taper off and when we extend that out we actually go insolvent over the -- over that 2032, 2033 time frame. So, a lot of assumptions we get out there. How fast are we growing? What Page 22 Meridian City Council Work Session Item#1. October 27,2020 Page 19 of 25 are -- you know, what are our costs actually going to be. But with what we know today it suggests that, hey, that's now on the horizon, we need to start thinking about doing something about that and to that -- to that end we are going to talk about a cost of service study here shortly. But as a refresher this is where we fall in terms of average cost per customer, if you will, in our rates and fees. We put in the bar graph for those that both have sewer and water. You can see that we are -- we are down near the bottom of that. So, we have been able to manage that very effectively and just as -- as a point of reference our annual revenues that we budgeted for this coming year is a little over 44 million and our actual expenses are a little over 45. So, we are going to be tapping into a little bit of that fund balance as that -- as that graphic shows. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I will hold my questions for the end, Dale, but I think maybe one thing that would clarify or help provide context for that chart regarding the insolvency, does that assume that we hold the rates that we charge constant and is that where the -- the challenge comes from in that -- moving that curve? Bolthouse: Mr. Mayor, Council Woman Strader, yes, there are -- there are no programmatic increases built into our rate modeling at this point. So, that would assume the same rate structure going forward and -- and if the city desires to continue to save and, then, fund, it suggests that we now need to take a closer look at that and understand what kind of adjustments would be necessary to prevent that line from going below zero. Strader: Thank you. Bolthouse: And to that end the way that we are attacking that is that we are going to do a full cost of service study. We just signed the notice to proceed and assigned with FCS the opportunity to do that for us. We are in contract negotiations on -- on rates, but that effort will be starting here in earnest and will be complete by the time we get into the budget process. The intent of that is to go through everything associated with our rates and fees, our base prices and usage prices, and make sure those allocations are correct, so that we understand it. Review our assessment fee methodology, make sure that that's in proper order, and also take a look at a fund splitting methodology for us moving forward. So, from that we will come back to you with recommendations on, hey, here is what we do, here is the -- here is the tweaks and corrections we need to make in our -- in our rates and fees today and, then, here is -- here is what we recommend as we look long term on adjustments that should be made to -- to those to make sure that we -- we stay solvent. Mentioned the fund splitting. This is something that's been kind of on the back burner I think for a number of years at the city and this is a -- this is a suggestion that's supported by both Finance and Legal, that we really should be managing and -- and truly split the water utility from the wastewater utility. Today we have a commingled checkbook, if you will, and even though we budget very specifically our operating expenses and capital and everything by utility, in the end it all goes into one Enterprise Fund and it's been Page 23 Meridian City Council Work Session Item#1. October 27,2020 Page 20 of 25 recommended that we evaluate that and consider possibly, you know, splitting them into two complete separate funds and so we are tasking our consultant to help us look at that as well and -- and be able to make good recommendations to the -- to the Mayor and Council on that as we look forward. Just a few comments about staffing. You know, this is really the engine that makes it -- makes it run. This is, obviously, a picture not from this year. This is last year's picnic and they really -- these employees really make it happen and so we wanted to -- we wanted to get that in there. Just kind of by the numbers here is some things that are happening on the staffing side. So, we have 118 FTEs. You can see how they are divided amongst the -- the basic areas of administration, water, wastewater. It is a -- it is a complex operation. We have 169 licenses that we are obligated to maintain in the organization. We had -- we had the opportunity we spent over 1,200 hours in training and we just -- out of the necessity in the COVID era we -- we kind of jump started and moved all of our safety training now to nearly all of it to online and that's been a great accomplishment by that group. I wanted to highlight the fact that we have had six internal promotions and that's always something that we strive for is making sure that our folks are prepared when the opportunity comes and we can -- we can move them up. Last -- last couple items here is that you will -- you will see that we did have 19 new employees join our organization. We had some retirements, but we also had a number of folks that departed and as the note here indicates that about 75 percent of those, you know, moved on for better opportunities, which we -- we appreciate for people, but from an organization standpoint, you know, it puts a lot of stress on us as we -- as we try to take on that challenge. So, with that there is a couple things that -- that kind of come out of -- of that effort and that is we are -- we are having difficulty in this market the last several months in finding qualified candidates, those who can come in and -- and really hit the ground running and, then, a number of candidates that do come in qualified there has been a -- there has been a number of them that don't even get to the first day where they have accepted other opportunities in the community and things and so we got our work cut out to try to figure -- crack that nut and -- and be able to get ourselves fully staffed and be able to stay there. To that end something that we have been working on and we hope we will get some traction this year and that is really a revamping of the Public Works. You know, some departments in the Public Works as it relates to the job, family structure, we just -- in this graphic you will see kind of that current structure. That's kind of how we have historically been set up. You have got job grades, you got levels, you have got work and there might have been a time where it was assigned that way, but really today that's just not -- that's just not how we -- how we do our work and get our work done. We really need to have, you know, all employees moving up and gaining experience and -- and -- and adding value to our organization. We believe that that's a lot more effective and efficient operation, it's not dissimilar to the police STEP plan in terms of their drive to try to get everybody to a senior patrol officer type status in time and so I know that the compensation committee is open to and is looking at this kind of an effort, but we think it's extremely important for us as we -- we look to give career path and flexibility and opportunity for -- for both us and our employees. As we kind of wrap things up here, we have got -- we have got a few areas that we just thought we better -- we better touch on, because we are not just water and wastewater, we have some other responsibilities here in the city in our Public Works Department. Facilities is one of those projects. Support is -- is another and you can see some of the efforts that have gone on Page 24 Meridian City Council Work Session Item#1. October 27,2020 Page 21 of 25 here and we do have some great projects in front of us, but as we grow we -- we -- we continue to see this area grow right along with us. We have got some responsibilities for managing the environmental program for the city and a lot of that effort's been focused around the environmental program plan that was created, along with the implementation of the new floodplain mapping that -- that occurred and was approved this summer. A couple of future efforts on that front is the Nine Mile Creek flood mitigation effort with MDC and our submittal for grant application to try to get that funded through a grant. That's required to be submitted in January and, then, we do have some sustainability items that we would like to get on our radar. Our HVAC systems in our facilities have never been commissioned and balanced properly. We believe that there is some energy, as well as comfort improvements to make there, and as we see our facilities now reach ten to 12 years old, like City Hall, we are going to be looking at investing in replacements for lights and things and it's probably appropriate that we look at LED and some efficiency improvement projects. On our solid waste side it's been so great to have dedicated resources managing that contract and that franchisee agreement and a no tiers -- we achieve some really good savings to the city by having good dedicated resource effort on that and good negotiations. A couple of things we have going forward is that they are in progress with SWAC and the development of a solid waste plan that, hopefully, will be out soon and be guiding that effort and, then, the orange bag program, not so much a big challenge, other than the fact that it's just kind of -- it's -- it is where it is. We are waiting for further development in the processes to actually convert that into its original intended purpose of fuel and in the meantime we are using it in -- in what we think is a better than just landfill kind of application. A couple of other items here. Asset management. GIS extremely important for us to have that documentation. They have done a great job in reconstructing our inventory process for our utility integrating programs and one of the things we want to try to address this year is we want to bring all that 8,000 plus streetlights into our asset management program where we can adequately manage and -- and track those assets. On the SCADA side we have achieved full staffing this last year. We did a great effort with IT in relocating our SCADA servers to City Hall here where there -- we have the redundancy and the security of that effort and this year's plans is to tackle master planning for SCADA, developing standards and, then, with the approval of our enhancement this year we are updating and revamping our alarm call out systems, so -- and last, but not least, you know, our Public Works inspections team -- man, they get a lot of work done. There is six of our inspectors are out there in the field making sure that all of the infrastructure going into the city associated with water, wastewater, or capital projects are all being completed and completed appropriately and you can see here by the numbers that that included over 160 inspections and one of the things that we do is there is a two year warranty on that infrastructure that becomes ultimately contributed capital and before the city accepts those we have to go out and we have to do a full inspection on those and -- and make sure that they, you know, are holding up well. So, anyway, we appreciate that group. So, like a skipping stone, we -- we -- we touched on a number of things in probably what -- oh, just over 28 minutes, give or take. So, we appreciate the opportunity. I know it was a whirlwind. We always offer our, you know, efforts to dig in deeper on any of the items that we see here and we would be glad to stand and take questions. I also want to say thank you to Liz for being our liaison this Page 25 Meridian City Council Work Session Item#1. October 27,2020 Page 22 of 25 this last year and being kind of a sounding board and taking an interest in Public Works. So, anyway, with that we will stand for questions. Simison: Thank you, Dale. Council, any questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just one -- one quick one, Dale. If you -- if you covered it I missed it, but are we on pace -- a few years back when we got the second camera truck for the sewer inspection to get us up to or ahead of schedule, are we on schedule as scheduled with the camera inspection on our lines? Bolthouse: Mr. Mayor, Councilman Borton, the short answer is no. However, part of that has been challenges with labor and having the personnel to operate our vehicles. The other challenge is that thank goodness we procured newer equipment, because we have been having a fair amount of repair and maintenance on the old equipment. So, we are -- we are not at the target that we would like to be, but when we are fully staffed we certainly have that capability and we have -- we have seen signs of greatness on that front, but -- but overall average for the year we did not -- we did not achieve what we originally targeted to hit. Borton: Okay. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you so much, Dale. And being the Public Works liaison has been one of the most interesting things I have ever done and I just want to say how much we appreciate the employees in the Public Works Department. They truly are essential and it's the foundation of the city to have potable water and when you flush it it goes. We can never lose sight of that. It's just such a basic thing, but it's so complicated as you spoke about all the regulatory compliance issues, et cetera. I wondered if you could touch on -- I know LED streetlights have been a hot topic. Council has been very interested in accelerating our LED conversions, I think as well as working on new streetlights. We clearly need a more sustainable funding source. Any preview as to when we might have a few options to consider? Bolthouse: Mr. Mayor, Council Woman Strader, what -- we are going to look to FCS to assist us in that. You know, they have got exposure to hundreds of municipalities across the country that do have streetlight programs. There -- there are options -- different options being deployed across the valley here. Caldwell actually runs their streetlight program through their enterprise fund and charge customers based on their -- I guess their access to or their proximity to streetlights and things of that nature. So, I would -- Page 26 Meridian City Council Work Session Item#1. October 27,2020 Page 23 of 25 would assume that that could be one of the alternatives, although Todd Lavoie has done a -- done a pretty extensive research on that and his opinion is that he doesn't believe that that's necessarily a possibility in Idaho here today. But there --we will see what other options come out of our cost of service study effort and -- and hope to have those back around available for discussion, you know, later this winter. Strader: Thank you. Mr. Mayor, one more. Simison: Council Woman Strader. Strader: And one thing you touched on was the water quality and I think maybe just to expand a little bit for people watching at home if you could, one of the comments was that the regulations are lower, but I'm assuming that means that the allowable amount of contaminants is getting lower. You know, we saw uranium, we saw a few different things. I know from our conversations that overall water quality is very good here and it's within our regulations and that we can manage that, but if you could just maybe characterize the quality of our water in general at this time. I think for people watching at home I think that might be helpful for members of the public. Bolthouse: Yeah. Mr. Mayor, Council Woman Strader, we -- you know we -- we are fortunate in terms of the fact that we have a very good supply of water. We actually have some parts of our city and some of our wells that produce very good water quality, but as regulations evolve, as constituent levels and contaminant levels continue to be lowered, it's going to put pressure on us and manganese is one of those that -- that is doing that. So, a lot of our effort the last several years has been to manage and reduce the exposure to the manganese. That was largely an aesthetic effort, because it was causing discolored water as you chlorinated it for the distribution system and that has been a very successful effort in putting these treatment facilities in and actually removing that. Eventually if we are going to fully leverage all the wells that we have across the city, there are some other challenges that we have, one of those being a number of wells that don't exceed regulation on uranium, but certainly have the potential to -- either through excessive use or the reduction of, you know, the regulatory requirements on that. As I mentioned, we also have one well that has surprised us with fairly high arsenic levels and all of those do have the opportunity to be treated and improved, but, you know, overall our water quality certainly meets or exceeds the regulatory requirements and we are just trying to make sure that we stay there. Strader: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Dale, I got to echo Council Member Strader's comments about your team and staff and, you know, yours is one department that I think the vast majority of the public takes for granted until they turn on their faucet and they don't have Page 27 Meridian City Council Work Session Item#1. October 27,2020 Page 24 of 25 water, go to flush and it doesn't go away. So, I know that we need to do a better job of focusing on the things that you and your department do so that doesn't happen and want to appreciate you for that. But I did have a question that I'm hoping you can -- you can help me get to and I don't want you to take this as a knock against the department, because I know how hard your department works, but I think along with all Council were also forwarded a copy of the Idaho Conservation League's report that showed the City of Meridian had two discharge violations last year. I'm not so much focused on the violations, just give you an opportunity to respond and let Council know how you and your department got together and what your plan of attack is to resolve those issues and to prevent that from happening in the future. Bolthouse; Mr. Mayor, Councilman Cavener, I'm not familiar with what those two discharge violations are. Laurelie McVey is -- is -- is on the call here and could easily probably jump in. One of the challenges that we have had is -- is the poor record keeping by regulatory agencies and making sure that we stay ahead and keep those things cleaned up. I'm not sure if that's the case on this particular one, but I'm not familiar with the specifics, so I will -- I will shut up and let Laurelie jump in. McVey: Sure. Mr. Mayor and Council Members, I can definitely speak to those. So, those violations -- so, the Idaho Conservation League's report looks at the past 12 quarters and those violations have actually now since dropped off since they did the report, so that they were previous to 2017, and the two instances were violations of E. coli limits and those actually occurred before we upgraded our UV system. So, we haven't had any recent regulatory violations. However, when that --the report doesn't necessarily quantify what those were or when they occurred. So, we are hopeful that the next round when they run their next report we would now be included in the zero violation group, which we are really proud and excited to get into that category. Cavener: That's awesome. That's great to hear. Thank you. Simison: Thank you. Council, any further questions for Mr. Bolthouse? Okay. Thank you very much, Dale. Council,just for the record we --we do have the next deputy director of plans and projects from Ada County Highway District that was just announced today in the room, Mr. Justin Lucas, we have had an amazing working relationship with him in this current role and I'm sure that goes for Public Works. I thought is appropriate, since we are in Public Works, to at least mention that, but just want Council to be aware of this -- what I think is a great recognition of talent to ACHD and look forward to continue that operational working with them. So, welcome, Justin. Look forward to seeing you at 6:00. EXECUTIVE SESSION 24. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer; and 74-206(1)(d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code Page 28 Meridian City Council Work Session Item#1. October 27,2020 Page 25 of 25 Simison: Council, we do have ten minutes before our next meeting. Would we like to move the Executive Session until after -- Nary: I have checked, Mr. Mayor, and they are available after. Simison: Okay. Bernt: Mr. Mayor? Simison: Council Member Bernt. Bernt: Excuse me, Mr. Mayor. Mr. Nary, do we need to take care of this item on our agenda or can we just adjourn? Nary: Mr. Mayor, Council President Bernt, we can adjourn. It's also listed on the regular session, too. Bernt: Perfect. Simison: I have a motion and a -- Hoaglun: Mr. Mayor, second the motion. Simison: -- second to adjourn the meeting. Is there any discussion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it and we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:52 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 11 / 17 / 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 29 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 13, 2020 City Council Work Session Page 4 Meridian City Council Work Session Item#1. October 13,2020 Page 17 of 17 Simison: All ayes. We will adjourn into Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (5:20 p.m. to 6:05 p.m.) Simison: Do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we come out of Executive Session. Hoaglun: Second the motion. Simison: Got a motion and a second to come out of Executive Session. Any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion. Simison: I have a motion and a second to adjourn. All those in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6.06 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10 / 27 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 21 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 13, 2020 City Council Regular Meeting Page 22 Meridian City Council Item#2. October 13,2020 Page 50 of 50 Code Simison: Okay. Item No. 11 was vacated. So, we will move to the last item. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Second the motion. Simison: I have a motion and a second to adjourn the meeting. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. And we are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:48 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10 / 27 / 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 72 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Hill's Century Farm North No. 1 Sanitary Sewer&Water Main Easement No. 1 Page 73 ADA COUNTY RECORDER Phil McGrane 2020-146718 BOISE IDAHO Pgs=11 HEATHER LUTHER 10/29/2020 12:50 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Hill's Century Farm North No. 1 Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this27thday of October 20 20 between DW r Investments LLC ("Grantor")and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 Page Item#3. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: DWT INVESTMENTS LLC BY: BRIGHTON CORPORATION. MANAGER �L Robert L. Phillips, President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on A U (date) by Robert L. Phillips (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 Brighton Corporation,Manager (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) stam � 1 � =VAUGHAN Notaf Idaho Notary SignatureComm 1, 02 My Commission Expires: oc at�My Comn 1,2024 Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 75 Item#3. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson,City Clerk STATE OF IDAHO, ) . SS. County of Ada ) This record was acknowledged before me on 10-27-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Page 76 Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 Item#3. E N G I N E E R I N G October 8,2020 Hill's Century Farm North Subdivision No.1 Project No. 19-173 Legal Description City of Meridian Sewer and Water Easement Exhibit A Parcels of land for a City of Meridian sewer and water easement situated in a portion of the North 1/2 of the Northwest 1/4 of Section 33,Township 3 North, Range 1 East,B.M.,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Section 33,which bears N89°15'22"W a distance of 2,660.62 feet from a brass cap marking the North 1/4 corner of said Section 33; Thence following the northerly line of said Northwest 1/4,S89°15'22"E a distance of 373.96 feet; Thence leaving said northerly line,500°44'38"W a distance of 37.00 feet to the southerly right-of-way line of East Amity Road; Thence following said southerly right-of-way line,589°15'22"E a distance of 19.80 feet to POINT OF BEGINNING 1. Thence following said southerly right-of-way line, S89°15'22"E a distance of 20.00 feet to a point herein after referred to as Point "A"; Thence leaving said southerly right-of-way line,S00°44'36"W a distance of 26.00 feet; Thence N89'15'24"W a distance of 20.00 feet; Thence N00°44'36"E a distance of 26.00 feet to POINT OF BEGINNING 1. Said parcel contains 520 square feet. TOGETHER WITH: Commencing at a point previously referred to as Point"A",thence following the southerly right-of-way fine of East Amity Road,589°15'22"E a distance of 474.46 feet to POINT OF BEGINNING 2. Thence following said southerly right-of-way line,S89"15'22"E a distance of 20.00 feet; Thence leaving said southerly right-of-way line,S00°32'08"W a distance of 140.58 feet; Thence 589'15'22"E a distance of 113.86 feet; Thence N00°44'38"E a distance of 19.51 feet; Thence 589°15'22"E a distance of 20.00 feet; Thence 500°44'38"W a distance of 19.51 feet; Thence S89°15'22"E a distance of 260.00 feet; Thence N00°44'38"E a distance of 19.50 feet; Thence 589°15'22"E a distance of 20.00 feet; Thence S00°44'38"W a distance of 19.50 feet; Thence 589°15'22"E a distance of 247.32 feet; Thence S00°44'38"W a distance of 32.00 feet to a point herein after referred to as Point "B"; Thence N89°15'22"W a distance of 247.32 feet; Thence S00°44'38"W a distance of 19.50 feet; Thence N89°15'22"W a distance of 20.00 feet; Thence N00°44'38"E a distance of 19.50 feet; 9233 West State Street • Boise,Idaho 83714 9 208.639.6939 • kmengllp.com Page 77 Item#3. Thence N89°15'22"W a distance of 260.00 feet; Thence S00044'38"W a distance of 19.49 feet; Thence N89°15'22"W a distance of 20.00 feet; Thence N00044'38"E a distance of 19.49 feet; Thence N89°15'22"W a distance of 113.75 feet; Thence SW32'08"W a distance of 316.84 feet; Thence N89°27'52"W a distance of 641.29 feet; Thence 34.56 feet along the arc of a curve to the left,said curve having a radius of 22.00 feet,a delta angle of 90°00'00",a chord bearing of S45°32'08"W and a chord distance of 31.11 feet; Thence S00°32'08"W a distance of 224.86 feet; Thence N89°27'52"W a distance of 192.53 feet to the easterly right-of-way line of South Eagle Road; Thence following said easterly right-of-way line,N00`13'13"E a distance of 30.00 feet; Thence leaving said easterly right-of-way line,S89°27'52"E a distance of 136.70 feet; Thence N00°32'08"E a distance of 194.86 feet; Thence 122.52 feet along the arc of a curve to the right,said curve having a radius of 78.00 feet,a delta angle of 90°00'00",a chord bearing of N45°32'08"E and a chord distance of 110.31 feet; Thence S89°27'52"E a distance of 610.29 feet; Thence N00°32'08"E a distance of 272.96 feet; Thence N89°15'22"W a distance of 25.91 feet; Thence N00°32'08"E a distance of 20.00 feet; Thence S89°15'22"E a distance of 36.91 feet; Thence N00°32'08"E a distance of 140.58 feet to POINT OF BEGINNING 2. Said parcel contains 92,123 square feet(2.115 acres). TOGETHER WITH: Commencing at a point previously referred to as Point"B",thence S14°18'43"W a distance of 144.08 feet; Thence N89"43'49"W a distance of 9.50 feet to POINT OF BEGINNING 3. Thence S00°16'11"W a distance of 21.50 feet; Thence N89°43'49"W a distance of 20.00 feet; Thence N00°16'11"E a distance of 21.50 feet; Thence S89°43'49"E a distance of 20.00 feet to POINT OF BEGINNING 3. Said parcel contains 430 square feet. Said description contains a total of 2.137 acres(92,073 square feet),more or less,and Is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. gtia� � a 12459 4 ' �-' OF 1� `O . L• Bey.� PAGE 2 Page 78 Item#3. ERS\ABALLARD\KM ENGINEERING\KM GENERAL-REMOTE WORK\PROJECT\19-173\CAD\SURVEY\EXHIBIT\19.173 CITY OF MERIDIAN SEWER AND WATER EASEMENT.DWG,AARON BALLARD,1O/8/. S. Eagle Rd. w N � W N W DO C�O z0 i 00 w F z I z-n m �I?�T I ��0 � z 1 ��z 0. m N Gl > 000 D N DZ� m rn r*i M °° Z 0 W w Z c m cn 00 C c0 —i rnO ONi O CO N (D 0 0 0 0 o z LU m o Q. VLq o I w � o0I 0 -p- O .-.W CO lD v� -O D 1 Cn • INS D �IIN0 3. � -ism-9 CO Ln �- L3 1 o z cn 1 � 0,0 Cr rp N m a d o CID z o"2 0'0 �, I z CL N Ds � I 0 � ^_i N ° 0 mm 0 v I az oM rn mm - - - - - - - - - - - - - - - - - - - (no MATCH LINE - SEE SHEET 2 0 z �w w 0 100 200 300 Plan Scale: 1"=100' m 's a oaw� m Exhibit B No�z Hill's Century Farm North Subdivision °°mom O t' -pDm -n e '° W a City of Meridian Sewer and Water Easement W o N 1/2 NW 1/4 Sec.33,T3N., R1E., B.M., City of Meridian,Ada County,Id Page 79 Item#3. C:\USERS\ABALLARD\KM ENGINEERING\KM GENERAL-REMOTE WORK\PROJECT%19-173\CAD�SURVEY\EXHIBIT\19-173 CITY OF MERIDIAN SEWER AND WATER EMEMENT.DWG,AARON BALLARD,10/8/ MATCH LINE — SEE SHEET 3 MATCH LINE — SEE SHEET 1 - - - - -1- - - Z — — — — — — — — — — — z co -p I N O I L CN4 N C p CJ1 Z �I N I _ w in OD 0 N u, MICJ CC)fN _m o L21 m r.? rrj v O rt W v rT'I N 3 w � f7 P'j CD �176Z2fiD' 38r'w — ——1V140 2.5. �8 a � — _ �—Ln O (A LO oz� ` 4—, 10 co O5Ln Cn ��W N O N N Co Z I I N O crD V N - {� •LL7-{. LT'I pp0 Ln Z Z Ln Ln En Q Z En Ln Z (n — —Lo� Lam'9 r� 0 0 . o a M o o o DO jl?L cD p0 r $ P a 5 z I Dc'o N [.i Li N W z 32.00' O� Ln N O� N D V cn M ON cp 0 [0 "0 (0 O rQ I f ni m Q o O4. b O o O o — 00 Z S Nf IN j m �- f I rTl a- LrDD N I I N g (3) Ln a C o 01 �. -0 Of O D7 V 0 M -P� W N O tD CO m OZ � CL Q� O z Ln En Z z z z �, z ffI fI w _4 2 o cWCK) � � 4 LSO, 4 W -L� w W °? w rn W M Lip N to Ln z m CiI� -[�-� � ,� -0 j ? (A N O N W K3 Z 1 rn rn Rcc I I d i N c0 CNJ7 ED O -�L ! N 00 O O O Q 0 o cn LSO p j M f\i f f cn m � NI Iri E Z I 15.Tavistock Ave. L27 00 v I I (Proposed) Cn W IIW � iJ 0 100 200 300 L2 I I f I Plan Scale: 1" = 100' L23'{r��—__ L13� rn LA M - " Exhibit B oo�� m m �mmNz N� Hill's Century Farm North Subdivision " 0^m TSQpA TI WM 9 m"�'c" 7v W 2 WAS_ City of Meridian Sewer and Water Easement ZY o N 1/2 NW 1/4 Sec. 33, T3N., 111E., B.M., City of Meridian,Ada County, Idah 0 Wo Page 80 Item#3. CAUSERS�ABALLARD\KM ENGINEERING\KM GENERAL-REMOTE WORK\PROJECT\19-173\CAO,SURVEYNEXHIBIT\19.173 CITY OF MERIDIAN SEWER AND WATER EASEMENT.DWG,AARON BALLARD,10/81 z O C) W LA of ow m S. Eagle Rd. OD c0 co i 9, o; V N .,rrI I o rq N ca m N00'32'08"E 194.86- Ln L I rn N C,4m O Z � Ui Gl _ ——_ -— 1 °i- = C S00'32'08"W 224.86' + L�� O o C —� 56.00' Qo —{ CO IOD C o D > CJ �D i cQ m � z In Z Ni iN UCT s0 ��' C 1 I M I N N I d W rt JU O O m w 3 Pt 01 _� Co OD m G w n CL j l t o p to N I I N r- LID i W Z N h i C7 I MATCH LINE — SEE SHEET 2 0 100 200 300 Plan Scale: 1"= 100' M Ln v O Z Z o m � nW47 m Exhibit B �NmNz W� Hill's Century Farm North Subdivision o vm x,'^,�m 0 m O rn T 3Ww'� �' o City of Meridian Sewer and Water Easement w A m N Z L s N 1/2 NW 1/4 Sec. 33, T3N., RZE., B.M., City of Meridian,Ada County, Idah Page 81 Item#3. 20.00 s89°15'22"e e 3 o M 'c o ry o C b CM CD N C C. N n89°I5'24"w 20.00 Title: 201002 City of Meridian Sewer and Water Easement 19-173 #1 Date: 10-02-2020 Scale: 1 inch=5 feet File: Tract 1: 0.012 Acres: 520 Sq Feet:Closure=n00.4437e 0.00 Feet: Precision>1/999999: Perimeter= 92 Feet 00 1=s89.1522e 20.00 003=n89.1524w 20.00 002=s00.4436w 26.00 004=n00.4436e 26.00 Page 82 Item#3. �~ h 0 0 v c 113.96 s 260.00 247.32 'Fig3A 489 ISMOV, 1522"a ..3.s 260.00 247.32 V 00 n W N b O � O 610.29 s89°2752"e FB: n8927'52"w•641.29 00 (V GO %p Q M O 00 o (V C M N C 4 N O N 136.70 's89PW57W,;W 192.53 Title: City of Meridian Sewer and Water Easement 19-173 parcel 2 Date: 10-06-2020 Scale: 1 inch=200 feet I File: Tract 1: 2.115 Acres: 92123 Sq Feet:Closure=s13.1957e 0.01 Feet: Precision=1/683212: Perimeter=4672 Feet 001=s89.1522e 20.00 014=s00.4438w 19.50 027=n00.1313e 30.00 002=s00.3208w 140.58 015=n89.1522w 20.00 028=s89.2752e 136.70 003=s89.1522e 113.86 016=n00.4438e 19.50 029=n00.3208e 194.86 004=n00.4438e 19.51 0 1 7=n89.1522w 260.00 en S. 0 cna-110°DDO 1 005=s89.1522e 20.00 018=s00.4438w 19.49 031=s89.2752e 610.29 006=s00.4438w 19.51 0 1 9=n89.1522w 20.00 032=n00.3208e 272.96 007=s89.1522e 260.00 020=n00.4438e 19.49 033=n89.1522w 25.91 008=n00.4438e 19.50 02 1=n89.1522w 113.75 034=n00.3208e 20.00 009=s89.1522e 20.00 022=s00.3208w 316.84 035=s89.1522e 36.91 010=s00.4438w 19.50 023=n89.2752w 641.29 036=n00.3208e 140.58 011=s89.1522e 247.32 Ba 5i 012=s00.4438w 32.00 025=s00.3208w 224.86 0 1 3=n89.1522w 247.32 026-n89.2752w 192.53 Page 83 Item#3. 20.00 s89°43'49"e � 3 N Q O N O � O n89°43'49"w 20.00 Title: City of Meridian Sewer and Water Easement 19-173 No. 3 Date: 10-05-2020 Scale: 1 inch= 5 feet File: Tract 1: 0.010 Acres: 430 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 83 Feet 001=s00.161 lw 21.50 003=n00.161 le 21.50 002=n89.4349w 20.00 004=s89.4349e 20.00 Page 84 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Lost Rapids Subdivision Pedestrian Pathway Easement Page 85 ADA COUNTY RECORDER Phil McGrane 2020-146962 BOISE IDAHO Pgs=15 BONNIE OBERBILLIG 10/29/2020 04:12 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision): Lost Rapids Subdivision PEDESTRIAN PATHWAY EASEMENT THIS PEDESTRIAN PATHWAY EASEMENT, made on the 27th day of October , 20 20, between GFI-Meridian Investments II, LLC, a Utah limited liability company ("GFI"), Costco Wholesale Corporation, a Washington corporation ("Costco"), and the City of Meridian, an Idaho municipal corporation("Grantee"). WITNESSETH: WHEREAS, GFI is the owner of that certain real property legally described on Exhibit A attached hereto and incorporated herein (the "GFI Property"); WHEREAS, Costco is the owner of that certain real property legally described on Exhibit B attached hereto and incorporated herein(the"Costco Property"); WHEREAS,the City of Meridian desires to establish a public pathway(the"Pathway") on the real property legally described and graphically depicted as Easement No. I (on GFI Property) and Easement#2 (On Costco Property) on Exhibit C attached hereto and incorporated herein (the "Pathway Premises"),portions of which are located on the GFI Property and the Costco Property; WHEREAS, GFI and Costco desire to grant an easement over those portions of the Pathway Premises located on their respective properties, to establish the Pathway and to provide connectivity to present and fature portions of the Pathway; and WHEREAS, Costco shall construct the Pathway and related improvements (including those of which that lie upon the GFI Property)upon the Pathway Premises; and NOW, THEREFORE, the parties agree as follows: GFI AND COSTCO hereby grant unto the Grantee an easement over those portions of their respective properties upon which the Pathway Premises are located. THE EASEMENT hereby granted is and will be made available to the public for recreational purposes as contemplated by Idaho Code § 36-1604, and specifically for the purpose of providing a public pedestrian pathway for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. Users of the easement will not be considered guests, invitees,or licensees of GFI,Costco,or Grantee. Nothing contained herein will be deemed to be GFI's, Costco's, or Grantee's assumption of any duty, obligation, or liability of any kind whatsoever with respect to any user of the Pathway or the Pathway Premises. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. PEDESTRIAN PATHWAY EASEMENT-1 Page 86 151106554 [14222-7] Item#4. GFI and Costco hereby covenant and agree that they will not place or allow to be placed any permanent strictures, trees, brush, or perennial shrubs or flowers on those portions of their respective properties upon which the Pathway Premises are located, which would interfere with the use of said Pathway for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that GFI and Costco shall repair and maintain those portions of the Pathway and related improvements located on their respective properties. GFI and Costco hereby covenant and agree with the Grantee that should any part of the Pathway Premises become part of, or lie within the boundaries of any public street, then such p portion of the Pathway Premises which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no filrther effect and shall be completely relinquished. GFI and Costco do hereby covenant with Grantee that they are lawfully seized and possessed of the aforementioned and described tracts of land, and that they have a good and lawful right to convey said easement. GFI and Costco shall have the right to assign their respective obligations under this Pedestrian Pathway Easement to an owners or management association for the Lost Rapids Subdivision located in Ada County,Idaho, and upon the assignee's assumption of such obligations in a document recorded in Ada County, Idaho, the assigning party shall thereafter be released from its obligations hereunder. [Reniainder of page intentionally left blank; signature page follows.] PEDESTRIAN PATHWAY EASEMENT-2 Page 87 151106554 [14222-7] Item#4. IN WITNESS WHEREOF, GFI, Costco, and Grantee have executed this Pedestrian Pathway Easement as of the day and year first hereinabove written. GFI: GFI-Meridian Investments II, LLC, a Utah limited liability com any By: Name: T Jae SE2- Its: o1A-AJA,6fj9_ STATE OF I Uldk) ) ss. County of MA ) 1 This record was acknowledged before me on 1/ 2020, by as of 'FI-Meridian Investments II, LLC. ,��.•`�'��gL SIT 1.G•) 9� '•,,�� My CorVm6sion Expires 94 ;•••1.1OTAR y' PUBLIC,Lt ••.tP •.;ni•No.4L;a••��.` OF PEDESTRIAN PATHWAY EASEMENT-3 15110655_4 [14222-7] Page 88 Item#4. COSTCO: Costco Wholesale Corporation, a Washington corporation By: Name: Its: e STATE OF ) ss. County of ' ) This record was acknowledged before= on V ti� ��i 2020, by a7wid rW t,4-�2-r , as �r �t�'l�� L,k6 o of ostco Wholesale Corporation. My Co mission Expires `' 2 91 13 yU � i V Z i OF\W As PEDESTRIAN PATHWAY EASEMENT-4 Page 89 15110655_4 [14222-7] Item#4. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on 10-27-2020 (date)by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 PEDESTRIAN PATHWAY EASEMENT-5 Page 90 151106554 [14222-71 Item#4. EXHIBIT A Legal Description of GFI Property Parcels of land being a portion of the Northeast 1/4 of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap monument marking the Northeast corner of said Section 27,which bears S89°17'35"E a distance of 2,647.29 feet from a found aluminum cap monument marking the North 1/4 corner of said Section 27; thence following the northerly line of said Northeast 1/4,N89°17'35"W a distance of 1,188.00 feet; thence leaving said northerly line S00°42'25"W a distance of 72.00 feet to the southerly right-of-way of W. Chinden Boulevard; thence following said southerly right-of-way S89°17'35"E a distance of26.01 feet to the POINT OF BEGINNING. Thence following said southerly right-of-way S89°17'35"E a distance of 836.88 feet; Thence leaving said southerly right-of-way S00°42'55"W a distance of 186.55 feet; Thence S05°18'11"W a distance of 99.94 feet; Thence S00°30'23"E a distance of 16.69 feet; Thence N89°17'16"W a distance of 825.43 feet; Thence N00°00'18"W a distance of 302.80 feet to the POINT OF BEGINNING. Said parcel contains a total of 5.792 acres,more or less, and is subject to all existing easements and/or rights-of-way of record or implied. PEDESTRIAN PATHWAY EASEMENT-6 Page 91 151106554 [14222-7] Item#4. EXHIBIT B Legal Description of Costco Property A parcel of land situated in the Northeast 1/4 of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 27,which bears N89°17'35"W a distance of 2,647.29 feet from a found aluminum cap marking the Northeast corner of said Section 27, thence following the northerly line of said Northeast 1/4, S89°17'35"E a distance of 1,459.29 feet; Thence leaving said northerly line, S00°42'24"W a distance of 72.00 feet to the southerly right-of-way line of W. Chinden Boulevard and being POINT OF BEGINNING 1. Thence following said southerly right-of-way line, S89°17'35"E a distance of 26.01 feet to a point hereinafter referred to as "POINT A"; Thence leaving said southerly right-of-way line, S00°00'18"E a distance of 28.00 feet; Thence N89°17'35"W a distance of26.36 feet; Thence N00°42'24"E a distance of 28.00 feet to POINT OF BEGINNING 1. Said parcel contains 0.017 acres (733 Sq. Ft.),more or less. TOGETHERWITH: Commencing at a point previously referred to as "POINT A", thence following said southerly right-of- way line, S89°17'35"E a distance of 836.53 feet to POINT OF BEGINNING 2. Thence following said southerly right-of-way line the following two (2) courses: 1. S89°17'35"E a distance of 249.56 feet; 2. S44°28'27"E a distance of 39.72 feet to the westerly right-of-way line of N. Ten Mile Road; Thence leaving said southerly right-of-way line and following said westerly right-of-way line, S00°20'42"W a distance of 30.00 feet; Thence leaving said westerly right-of-way line, N44°28'27"W a distance of 42.56 feet; Thence N89°17'35"W a distance of247.74 feet; Thence N00°42'55"E a distance of 28.00 feet to POINT OF BEGINNING 2. Said parcel contains 0.180 acres (7,832 Sq. Ft.), more or less. Said description contains a total of 0.197 acres (8,565 Sq. Ft.) and is subject to all existing easements and/or rights-of-way of record or implied. PEDESTRIAN PATHWAY EASEMENT-7 Page 92 15110655_4 [14222-7] Item#4. EXHIBIT C Legal Descriptions of Pathway Premises: Easement No. 1 on GFI Property Easement No. 2 on Costco Property PEDESTRIAN PATHWAY EASEMENT-8 Page 93 15110655_4 [14222-7] Item#4. km EASEMENT NO. 1 ON GFI PROPERTY E N G I N E E R I N G September 23,2020 Project No.17-104 GFI—Meridian Investments II LLC City of Meridian Pathway Easement Legal Description A parcel of land for a City of Meridian Pathway Easement,situated in a portion of the Northeast 1/4 of Section 27,Township 4 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northeast corner of said Section 27,which bears S89`17'35"E a distance of 2,647.29 feet from a found aluminum cap marking the North 1/4 corner of said Section 27; Thence following the easterly line of the Northeast 1/4 of said Section 27,S00°20'42"W a distance of 81.94 feet; Thence leaving said easterly line, N89'39'18"W a distance of 325.63 feet to the POINT OF BEGINNING. Thence 500`42'55"W a distance of 14.00 feet; Thence N89'17'35"W a distance of 222.28 feet; Thence N75°30'44"W a distance of 41.98 feet; Thence N89'17'35"W a distance of 75.50 feet; Thence S75'20'24"W a distance of 37.74 feet; Thence N89'17'35"W a distance of 393.22 feet; Thence N73°52'46"W a distance of 37.62 feet; Thence N89`17'35"W a distance of 32.24 feet; Thence N00`00'18"W a distance of 14.00 feet; Thence S89'17'35"E a distance of 34.31 feet; Thence S73'52'46"E a distance of 37.62 feet; Thence S89`17'35"E a distance of 389.44 feet; Thence N75'20'24"E a distance of 37.74 feet; Thence S89'17'35"E a distance of 79.08 feet; Thence S75'30'44"E a distance of 41.98 feet; Thence S89'17'35"E a distance of 220.59 feet to the POINT OF BEGINNING. Said parcel contains 0.270 acres(11,769 sq.ft.), more or less, and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. AL LAND, \,\E E N S£0 G�` � Attached hereto is Exhibit B and by this reference is made a part hereof. 0 6662 A �FTF OF ��P�� <4 KENO 9233 West State Street • Boise,Idaho 83714 • 208.639.6939 • kmengllp.com PEDESTRIAN PATHWAY EASEMENT-9 Page 94 151106554 [14222-7] Item#4. N 1/4 CORNER POINT OF COMMENCEMENT W. NE CORNER Chinden Boulevard SECTION 21 BASIS OF BEARING SECTION 27 22 — — S89'17'35"E 2647.29' 22 23 27 — — — — — — — — — — — — 27 26 N d d POINT OF a?I o L8 L9 O L11 BEGINNING oN J 89'17'35"E 389 Lt2 S89''/17'3�35"E 220.59' N89'39'18"'N _b0 z L6 L5 N8 393.22' �4 �' 325.63' (TIE) N89'17'35W 222.28' CU O a COSTCO a°c p I GFI - MERIDIAN WHOLESALE T cc INVESTMENTS II LLC I CORPORATION 2 O0I APN: SO427110200 IAPN: SO42711015C 0.1 I F- ,J Qn Z L LAN,0 L Uj 0 gS� \0 E N 5f0 sG�` LL O a N 662 O O N ULn OF t, y �F<<Y KEH��`'� LINE TABLE o LINE N LENGTH DIRECTION a L1 14.00 SO'42'55"W Lo L2 41.98 N75'30'44W L3 75.50 N89'17'35"W 0 100 200 300 L4 37.74 S75'20'24"W Plan Scale: 1"= 100' a L5 37.52 N73'52'46"W L6 32.24 N89'17'35"W LEGEND 0 L7 14.00 NO'00'18"W FOUND ALUMINUM CAP L8 34.31 589'17'35"E ° CALCULATED POINT — — — — SECTION LINE o L9 37.62 S73'52'46"E PROPERTY BOUNDARY LINE 's L10 37.74 N75'20'24"E — — ADJACENT BOUNDARY LINE m o L11 79.08 S89'17'35"E SURVEY TIE LINE L12 41.98 S75'30'44"E 7 EASEMENT LINE o ENGINEERS.SURVEYORS.PLANNERS 27Z7 7— EASEMENT AREA 9233 WEST STATE STREET m BOISE,IDAHO 83714 W PHONE(208)639=6939 FAX(208I 639-6930 Exhibit B City of Meridian Pathway Easement- GFI DATE: September,2020 a PROJECT: 17-104 SHEET: Situated in the Northeast 1/4 of Section 27,Township 4 North, Range 1 West, a 1 OF 1 Boise Meridian, City of Meridian, Ada County, Idaho PEDESTRIAN PATHWAY EASEMENT-10 Page 95 15110655_4 [14222-71 Item#4. 1'1 38944 v.rs ."ro 17 393.22 'r 222.28 Title: Date: 09-24-2020 Scale: 1 inch= 150 feet File: Deed Plotter.des Tract 1: 0.270 Acres: 11769 Sq Feet:Closure=n74.1206w 0.00 Feet: Precision=1/411834: Perimeter= 1709 Feet 001=s00.4255w 14.00 007=n73.5246w 37.62 013=05.2024e 37.74 002=n89.1735w 222.28 008=n89.1735w 32.24 014=s89.1735e 79.08 003=n75.3044w 41.98 009=n00.0018w 14.00 0 1 5=s75.3 044e 41.98 004=n89.1735w 75.50 010=s89.1735e 34.31 016=s89.1735e 220.59 005=s75.2024w 37.74 011=s73.5246e 37.62 006=n89.1735w 393.22 012=s89.1735e 389.44 PEDESTRIAN PATHWAY EASEMENT-11 Page 96 15110655_4 [14222-7] Item#4. km EASEMENT NO.2 ON COSTCO PROPERTY E N G I N E E R I N G September 23,2020 Project No.17-104 Costco Wholesale Corporation City of Meridian Pathway Easement Legal Description A parcel of land for a City of Meridian Pathway Easement,situated in a portion of the Northeast 1/4 of Section 27,Township 4 North, Range 1 West, Boise Meridian,City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northeast corner of said Section 27,which bears S89'17'35"E a distance of 2,647.29 feet from a found aluminum cap marking the North 1/4 corner of said Section 27; Thence following the easterly line of the Northeast 1/4 of said Section 27,500°20'42"W a distance of 83.60 feet; Thence leaving said easterly line, N89°39'18"W a distance of 64.00 feet to the southerly right-of-way line of W. Chinden Boulevard and being POINT OF BEGINNING 1. Thence following the said southerly right-of-way line,S44'28'27"E a distance of 19.86 feet; Thence leaving said southerly right-of-way line, N89`17'35"W a distance of 275.73 feet; Thence N00°42'55"E a distance of 14.00 feet to a point hereinafter referred to as POINT'A'; Thence S89'17'35"E a distance of 261.64 feet to POINT OF BEGINNING 1. Said parcel contains 0.086 acres(3,762 sq.ft.), more or less TOGETHER WITH: Commencing at a point previously referred to as POINT'A'; Thence N88'36'30"W a distance of 836.91 feet to POINT OF BEGINNING 2. Thence S00'00'18"E a distance of 14.00 feet; Thence N89'17'35"W a distance of 26.21 feet; Thence N00°42'24"E a distance of 14.00 feet; Thence S89°17'35"E a distance of 26.04 feet to POINT OF BEGINNING 2. Said parcel contains 0.008 acres(366 sq.ft.), more or less. Said description contains a total of 0.095 acres(4,127 sq.ft.), more or less,and is subject to all existing easements and/or rights-of-way of record or implied. 9233 West State street • Boise,Idaho 83714 • 208.639.6939 • kmengllp.com PEDESTRIAN PATHWAY EASEMENT-12 Page 97 15110655_4 [14222-7] Item#4. All subdivisions,deeds, records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. Attached hereto is Exhibit B and by this reference is made a part hereof. \�NPL LAND S E N Seo o � 6662 LP �o �9TF 0 F �pP F<< Y K PEDESTRIAN PATHWAY EASEMENT-13 Page 98 151106554 [14222-7] Item#4. POINT OF COMMENCEMENT N 1/4 CORNER W. Chinden Boulevard NE CORNER SECTION 27 BASIS OF BEARING SECTION 271 22 _ _ S89'17'35"E 2647,29' 22i 23 27 — — — — — — — — — - 27 26 N89'39'18"W POINT OF 64.00' (TIE) 04 BEGINNING 2 7 POINT 'A' POINT OF `O o L6 li BEGINNING 1 I o LO -� 836.91' S89'17'35"E 261.64' —b V) N88736'30"W L4 (TIE) L1 Z N89'17'35W 275.73' I f— a- O Q COSTCO I v GFI - MERIDIAN 1 4 WHOLESALE I 0 INVESTMENTS II LLC 1 CORPORATION c I APN: SO427110200 APN: SO427110150 Iv 1 N w a a < z za J I u 01 O 0 1 LINE TABLE O LINE It LENGTH DIRECTION NNE - LAN,0 x O L1 19.86 S44728'27"E c, \rENSF�SG�L a U L2 14.00 NO'42'55"E o �. L6 o L3 14.00 SO*00'18"E a 6 6 6 2 8 L4 26.21 N89'17'35"W s� L5 14.00 NO'42'24"E '��<� OF Y K E� L6 26.04 S89'17'35"E 3 4y 1a r a d LEGEND 0 100 200 300 z Plan Scale: 1" = 100' ® FOUND ALUMINUM CAP a o CALCULATED POINT — — SECTION LINE o PROPERTY BOUNDARY LINE s — — ADJACENT BOUNDARY LINE N SURVEY TIE LINE N � ———————— EASEMENT LINE a /�_ZZ-7/ EASEMENT AREA o ENGINEERS.SURVEYORS.PLANNERS L 111� 9233 WEST STATE STREET m BOISE,IDAHO 83714 w PHONE(208)639-6939 i FAX(208)639-6930 Exhibit B City of Meridian Pathway Easement - Costco DATE: September,2020 ¢ PROJECT: 17-104 SHEET: Situated in the Northeast 1/4 of Section 27, Township 4 North, Range 1 West, a 1 OF 1 Boise Meridian, City of Meridian, Ada County, Idaho PEDESTRIAN PATHWAY EASEMENT-14 Page 99 151106554 [14222-71 Item#4. 261.64 s89°17'35"c n89°17'35"w 275.73 Title: Date: 09-24-2020 Scale: 1 inch=50 feet File: Deed Plottendes Tract 1: 0.086 Acres: 3761 Sq Feet:Closure=s20.1005e 0.00 Feet: Precision=1/404521: Perimeter=571 Feet 001=s44.2827e 19.86 003=n00.4255e 14.00 002=n89.1735w 275.73 004=s89.1735e 261.64 26.04 s89°1735"e u - U O tV O O e O O O o O C O n89'I735"w 26.21 Title: Date: 09-24-2020 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.008 Acres: 366 Sq Feet:Closure=s75.1026w 0.00 Feet: Precision=1/19884: Perimeter= 80 Feet 001=s00.0018e 14.00 003=n00.4224e 14.00 002=n89.1735w 26.21 004=s89.1735e 26.04 PEDESTRIAN PATHWAY EASEMENT-15 Page 100 151106554 [14222-7] 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Baraya Subdivision No. 5 (H-2020-0088) by Matt Schultz of Schultz Development, Generally Located South of W. Franklin Rd. and East of S. Black Cat Rd. Page 101 Item#5. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 13, 2020 ORDER APPROVAL DATE: OCTOBER 27, 2020 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 61 BUILDING ) CASE NO. H-2020-0088 LOTS AND 10 COMMON LOTS ON ) 12.38 ACRES OF LAND IN THE R- ) ORDER OF CONDITIONAL 15 ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT BARAYA SUBDIVISION NO. 5 ) BY: MATT SCHULTZ, SCHULTZ ) DEVELOPMENT ) APPLICANT ) This matter coming before the City Council on October 13, 2020 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING BARAYA SUBDIVISION NO. 5, LOCATED IN THE NE 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE NE 1/4 OF SECTION 15, T.3N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 9/22/2020,by GREGORY G. CARTER, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 5—FP H-2020-0088 Page 1 of 3 Page 102 Item#5. SHEET 1 OF 5," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 13, 2020, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Matt Schultz, Schultz Development, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 5—FP H-2020-0088 Page 2 of 3 Page 103 Item#5. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 27th day of October , 2020. By: Robert E. Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. 10-27-2020 By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 5—FP H-2020-0088 Page 3 of 3 Page 104 Item#5. EXHIBIT A STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/13/2020 -- x Legend DATE: s Prafect Locor[Dn R-15 0 TO: Mayor&City Council _ R1 L-0 C-N R U1� FROM: Sonya Allen,Associate Planner 208-884-5533 I R-40 RUT SUBJECT: H-2020-0088 Baraya Subdivision No. 5 .+ TN-C LOCATION: Generally located south of W. Franklin RAT C ' Rd. and east of S. Black Cat Rd., in the north%2 of Section 15,T.3N.,R.1W. M-E �- I. PROJECT DESCRIPTION Final Plat consisting of 61 building lots and 10 common lots on 12.38 acres of land in the R-15 zoning district for the fifth phase of Baraya Subdivision. II. APPLICANT INFORMATION A. Applicant: Matt Schultz, Schultz Development—PO Box 1115,Meridian, ID 83680 B. Owner: Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Matt Schultz, Schultz Development—PO Box 1115, Meridian,ID 83680 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The proposed plat depicts a reconfiguration of building lots and common area in this portion of the development from that approved with the preliminary plat resulting in the same overall number of building lots and a greater amount of common open space for the overall development. Overall,based on the exhibits in Section V.E,the number of building lots stayed the same as originally approved(i.e. 334) and the amount of common area increased from 11.34 acres(or 17.5%) Page 1 Page 105 Item#5. to 12.19 acres(or 18.8%). Therefore, Staff finds the final plat in substantial compliance with the approved preliminary plat in accord with UDC I I-6B-3C.2. Single-family detached homes are proposed in this phase. All development shall comply with the dimensional standards listed in UDC Table I I-2A-7 for the R-15 zoning district. Amenities proposed in this phase in Lot 6,Block 16 consist of a children's play structure(see detail in Section V.D, a half basketball court with benches, a gazebo with picnic tables,a segment of the City's multi-use regional pathway and internal pathways. The Purdam Drain was not required to be piped with this development as it's deemed a natural waterway and as such, is not required to be piped/covered. Note: The development agreement for this property requires a minimum of 334 single-family dwellings to be constructed on the R-8 and R-15 portions of the site. The first phase included 47 dwellings, the second phase included 48 dwellings, the third phase included 72 dwellings, the fourth phase included 67 dwellings, and this phase includes 61 dwellings for a total so far of 295 dwellings —an additional 39 dwellings should be provided at a minimum in the remaining phase(s) as depicted on the updated layout in Section V.E.A minimum of 13.01 acres (or 16%of the site) of useable landscaped open space is required to be provided for the overall development as proposed between the single-family and multi family portions of the development—12.19 acres is proposed in the single-family portion and the remainder is provided in the multi family portion. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. Page 2 Page 106 Item#5. V. EXHIBITS A. Vicinity Map I � i FRIMI MSION IW FRAN KLI N R D BARAYSUBDIA \% 'BARAYA SUBDIVISION RARAYA SUBDIVISION ti NO, 3 UNDER SUBDIVISION NC, 1 CONSTRUCTION NO- 2 ` dory+ SARAYA o r'# ! .M APTS �+ t SUBDMSK)N � ..o 0 .o I I PROJECT) I M _..—..:.. Marvin _ Co �I I� Page 3 Page 107 ML wins k'=w WIN -xv lrL qlu 4 � «�, E+�1� �.. �:� ors■a � � A 4 �� r ... ■._ ...�■ i■ -- — Item#5. C. Final Plat(date: 9/22/2020) LorAT H 1W HE 1/4 OF THE Nw :/4 ++4 t E Nw i/* OK THE HE 1/*or SECTION 15_ T,741., R,1W._ B.1I._ WENtIM. A33A t"?Y, 111ARO wn�sf'e ti,l.n Iwo a r a 60 aosru-ran a aLsr xqr R �e-�irr asp , efr i1M'�Y4Y� rw 0 So 1w 2w O i LLU= 1Yl3w11� i 1r10-I M� . .._.. rmwP W OR ee 11 �L AW morwatw 1rrr1-ese na LrF k,rwa L4I nNM I ! , O Ya•o r o,. �`� Wh,NrY,nLm , r<I,Q YY r�!,••r•r,►�•.P4Y. �,rr•�eF r,.e•N y f i� u,�•,!/u � �x . i_1' rw.�� rtr�� ,� .��.�•I.,zz, ti.'.�..,r:r r` ..w"....��,.,°Yi�o+..rr�ti�. �.'�,:".w��'..i'`:'�r�r�r• w w r w.�yr+r�.t.�I. �,r•i�rww N 4 fr,4�Irr• ,r 4!P„•r4 r.•.•I 4 ti + �ti•.Ir�N r ry,+/F r�r r��},�r.e.rr r•i1 t 1+�t wwr ��•�rwu+��Tn TTM 14 hr T I,r� rT4 _+IhP+f w .P w.� ir+��..•..,.� nor•.aMrx�.,+- l rrw�.I w Iwwr�eT�We•�f� .R r�rr•�YFrr.,•�wyr,rar�M,}k�r r+„}yy• aw a�s•wr 2maLtES hh91A,l,i h w �r orRaw�L« I.k}.V.i(.lnY1+;�,,.I+4.�!•�'ix IfKb11L i6 F e wwrR��b,f�,Wra�rrrr.�.r,�ti.rr.vr4+. YMra, •a�oa,r ra,a•,u rra � imo lno a M,,.,,y ,e,w,`. +f a,.r LE d.M Y of 5 f LNC Z s �i w�•r.`�'i.r+""",. `��"`—��` uo OURrc raa.[s CENLFJI4WEfA1110J}�UJIIIIF41Cii00 ro*Er 1 Qr Page 5 Page 109 Item#5. D. Landscape Plan(dated: 9/16/20)&Playground Equipment Detail Ij OD > ¢ k WRICATCMA a{h1Q7E Mimi r *�F�• WMD - Page 6 Page 110 Item#5. ...- - i j — -- .— - _ter—•-.,-.,.,.r I;- �I. -; •_ - i . .. `__ I { LL$$� L4*IbBC�+l'FFIEOI lilt T KCPAI�1M J _�ri71lYY'�.�'"' •• .�'�"gh.`4 •... ':.1i916.RViT1�E• r•� MA a sic�ri's'' MY :p•^u as�'•r�vss € 'r}�'�'-�`�.�.�=..�'k.'S'>n'�:�: •�rs��.••3�'P.r�a�c��.ra�rr:�c�as�:s� S i per--1�'LS11YI4Qi4=.�l�Cl�' T�':.ST`�.- __ -... ,.,, �A YNP ,l••• gar.ax=a •r.�r_ti.. s _ -"�.'r..ss�;r } U1 ME f'T5L/N a111-J.Q�,T1'b __- --T_�=cc �+ - - _ �� • :J¢Ff^•" w., ` +r:�. ' -:��r * ��_..,�^�T yew LEM L� 3S r -a Page 7 Page 111 EF] ' F IL _, psi ti 71 Y!Yla inn nz OAK EMS yA $+ ■ -- -.-_ - - -= loud to �t*4C �. y F UK i'I II E i MsT�;7lF;i a=TL� iL��y �I.a...�aw■�F� � 5 k5 i�'Y� Y/ + { l MAN" I } v .rx �es.t...�_ � •� � x . _ . .vim•- �..,�,�" Jill fell Ord ww L1S Page 8 Page 112 Item#5. M 4 L Ll Baraya#5 WOOF% x Baraya#5 a _ r fi p�76oWnTUrir+ — -. I'Ir11ueSnc, Baraya # &]taroks �� R v�.*�• kAanw ION5 � �yN �/ IJJ}yIJIG7 Page 9 Page 113 »m#3 E. Approved Pe!!mlnryPlat/Open Space(207 vs. Reconfigured Layout/Open Space (O0) ,f79 Sf # - ¥ 7 � a *s ue- 666a2D s¥ 4� w p. _ &9 C - Ith . � ' 3= 72, § 1701 Page !O �7g4 Item#5. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(AZ-06-061), development agreement(Inst.No. 107123289),preliminary plat(PP-06-062) and time extension(TE-09- 015; TE-11-001; TEC-13-001; TEC-14-007) applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat by June 17, 2022,within two years of the City Engineer's signature on the previous phase final plat, or apply for a time extension,in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Bailey Engineering,Inc. stamped on 9/22/2020 by Gregory G. Carter, shall be revised as follows: a. Note#2: ". . . Lot 4-011,Block 14, Lot-76,Block 16 . . ." b. Note#3: ". . . Lot-76,Block 16 . . ." c. Note#9: Include the recorded instrument number for the NMID pump station operation and maintenance agreement. d. Note#10: Include the recorded instrument number or the ACHD License Agreement. e. Note#11: Include the recorded instrument number for the ACHD Permanent Easement. f. Note#14: "Lot 4-011,Block 14 contains a blanket easement . . ." g. Note#15: Include the recorded instrument number of the pathway easement. 5. The landscape plan prepared by Breckon Land Design, dated 9/16/20, shall be revised as follows: a. Include a detail for the 6-foot tall vista 3-rail fence proposed adjacent to the common area on Lot 11,Block 14 that contains a pathway and the Purdam Drain. b. Depict fencing(chain-link or wrought iron)between the multi-use pathway and the Purdam Drain for public safety as proposed by the Applicant and depicted on the landscape plan approved with the preliminary plat. c. Depict a 5-foot wide landscape strip along the east side of the multi-use pathway along the Purdam Drain, landscaped per the standards listed in UDC 11-3B-12C. 6. "No Parking Fire Lane"signs shall be placed at each end of the alley with a few in the middle as well per Fire Code requirements. 7. The rear elevations of the homes visible from public streets and open spaces shall be subject to the architectural standards established for Baraya Subdivision included in the Development Agreement(see provision#5.1.10). 8. Future development shall comply with the approved elevations and design standards listed in the Ten Mile Interchange Specific Area Plan. 9. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. Page 11 Page 115 Item#5. B. Public Works Site Specific Conditions: 1. The street light plan submitted appears to meet requirements based on a preliminary review. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing,landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply Page 12 Page 116 Item#5. with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Page 13 Page 117 Item#5. Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. Page 14 Page 118 EXHIBIT B Item#5. From: Matt Schultz To: Adrienne Weatherly,Charlene Wav;Chris Johnson;Sonya Allen Cc: Bill Parsons Subject: Re: Baraya Sub. 5&6-FP H-2020-0088&H-2020-0089 Staff Reports for Oct. 13th Council Mtg Date: Tuesday,October 6,2020 10:06:30 AM Attachments: imaae006.Dna External Sender -Please use caution with links or attachments. looks good, thanks Sonya! Matt Schultz Schultz Development LLC (208) 880-1695 On Tuesday, October 6, 2020, 10:04:38 AM MDT, Sonya Allen <sallen@meridiancity.org>wrote: Attached are the staff reports for the final plats for Baraya Sub. 5&6. These items are scheduled to be on the consent agenda at the City Council work session on October 13th. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (cityclerk2meridiancity.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Fax: 208-489-0578 Built for Business, Designed for Living 0I © w❑11 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Page 119 Item#5. Page 120 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Baraya Subdivision No. 6 (H-2020-0089) by Matt Schultz of Schultz Development, Generally Located South of W. Franklin Rd. and East of S. Black Cat Rd. Page 121 Item#6. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 13, 2020 ORDER APPROVAL DATE: OCTOBER 27, 2020 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 39 BUILDING ) CASE NO. H-2020-0089 LOTS AND 2 COMMON LOTS ON ) 4.5 ACRES OF LAND IN THE R-15 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR BARAYA ) APPROVAL OF FINAL PLAT SUBDIVISION NO. 6 ) BY: MATT SCHULTZ, SCHULTZ ) DEVELOPMENT ) APPLICANT ) This matter coming before the City Council on October 13, 2020 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING BARAYA SUBDIVISION NO. 6, LOCATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 15, T.3N., R.I W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 8/10/2020, by GREGORY G. CARTER, PLS, SHEET 1 OF 4," is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 6—FP H-2020-0089 Page 1 of 3 Page 122 Item#6. approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 13, 2020, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Matt Schultz, Schultz Development, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 6—FP H-2020-0089 Page 2 of 3 Page 123 Item#6. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. 27th By action of the City Council at its regular meeting held on the day of October , 2020. By: Robert E. Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 10-27-2020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 6—FP H-2020-0089 Page 3 of 3 Page 124 Item#6. EXHIBIT A STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/13/2020 -- x Legend DATE: � s Prafect Locor[Dn R-15 0 TO: Mayor&City Council _ I1 L-0 - R Ulm FROM: Sonya Allen,Associate Planner 208-884-5533 I- R-40 RUT SUBJECT: H-2020-0089 Baraya Subdivision No. 6 .+ TN-C LOCATION: Generally located south of W. Franklin UT C' C;c Rd. and east of S. Black Cat Rd., in the NW '/4 of Section 15,T.3N.,R.1W. M-E �- I. PROJECT DESCRIPTION Final Plat consisting of 39 building lots and 2 common lots on 4.5 acres of land in the R-15 zoning district for the sixth phase of Baraya Subdivision. II. APPLICANT INFORMATION A. Applicant: Matt Schultz, Schultz Development—PO Box 1115,Meridian, ID 83680 B. Owner: Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Matt Schultz, Schultz Development—PO Box 1115, Meridian,ID 83680 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The proposed plat depicts a reconfiguration of building lots and common area in this portion of the development from that approved with the preliminary plat resulting in the same overall number of building lots and a greater amount of common open space for the overall development. Overall,based on the exhibits in Section V.E,the number of building lots stayed the same as originally approved(i.e. 334) and the amount of common area increased from 11.34 acres(or 17.5%) Pagel Page 125 Item#6. to 12.19 acres(or 18.8%). Therefore, Staff finds the final plat in substantial compliance with the approved preliminary plat in accord with UDC 11-6B-3C.2. Single-family attached and detached homes are proposed in this phase. All development shall comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. Note: The development agreement for this property requires a minimum of 334 single-family dwellings to be constructed on the R-8 and R-15 portions of the site. The first phase included 47 dwellings, the second phase included 48 dwellings, the third phase included 72 dwellings, the fourth phase included 67 dwellings, the fifth phase included 61 dwellings and this phase includes 39 for a total of 334 dwellings in accord with the updated layout in Section V.E.A minimum of 13.01 acres (or 16%of the site) of useable landscaped open space is required to be provided for the overall development as proposed between the single-family and multi family portions of the development— 12.19 acres is proposed in the single-family portion and the remainder is provided in the multi family portion. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. Page 2 Page 126 Item#6. V. EXHIBITS A. Vicinity Map a� FRrr imsoN W FftANKLIN RD BBRAYk BARAYA AYA NO. 1 ISION { SUBDIVISION SUBDIVISION N0. 1 NO. 3 NO. 2 or _ BARAYA ❑ 3ARAYA APTS o onQj SJ3DIVISION B�RAYA 1. SUBDIVISION No- 5 1% SUBDIVISION 1 # Nb. 4 \-PROJECT SITE I i i M MarVir i� Page 3 Page 127 ML wins k'=w WIN -xq 9G rV a7 ice= WANE �3 .0■.s� � � loin ��►; «�, E+�+� �.. �:� ors■a �,�� N amp _��, �xt - Zu i - * 1 At... ■._ ...�_. i■ -- — Item#6. C. Final Plat(date: 8/10/2020) PLAT WOVANG �1:Ild i 1°.1 s:b11W I IS10.1v :V()- 6 :.................................. ................................. w� r irwer....................... LOCATED IN THE HE 1/4 OF THE NW t J4 StF sru............ ..�................-.-. OF ACTION 15, T-3N.. RT W.,B.N. n eP,xsr ■NF - nluAue lAERIOEAN. ADA COUNTY IpAHO 2020 �� T �wv.r....wu,inw+t.......,r,x��....a.«.....,,w RN45TA 811BCt1'9[MI .'W,e`or w..r..yaa..rc�. ♦ tw N.n.Nw,yypr,l yr+WF t"�iPa�.l�+�wn�a a.n a+.�m. PEAL POR1I7NG^ GF—.. n w rw.wi ex L0 -w.„n v+r.�.+e •v..,*..me. 't� ` Or r+�u'm'E tl nw p�x,•n,.K'•rrw.r rwM+wrrM r r.rb.`W•ww.�'w..�w .AyI c. __ _—__ •• u.mrr a� hWt,a u�•rM r r.n o��o a� w w.�a a 9 WIPIF�IEY ' Ig 9 . y +.w qd e m urn wm u.r.N+a mean a n..erw, I, is eri I a MA vteurvaol, I rp.s TAI. COBALTOS t7r4twr Z."44, - .-.- st` 7- :�pmtir+>m __-_---_GW-L N79 0 (D ¢ .n,o.'n•wox n4 ws LJ �� e ��•t,�r�� I 111&�---- _.�..`__w..� ■ rani Lu�m°c��Kira I +uwnw cra - .11...,OF,l1K'w WI.[p ug4npu ¢°,�y"'g I to �: a 36 ea Tao- �jwailey Engineering,Inc. i�LnI.F�H FEFT COAL ENGhmuiNGI PLANNING I CAD D SEE SHM 2 OF 4 FOR WMC AM CURVE TADM 5-50' SMELT 1 OF 4 Page 5 Page 129 Item#6. W W1Plt IFR A �RAY dP +� W.iTa7fM 11r/R!!•[M1Rk Y M'MIf1�IMI -0 •'— � A477 mww Y illhlY. iw, P +��! WMWF LW- L.SI 14 11TMl4 Rf R '�0 Wt wP l;= �AF1L�F oft M �/�if�•MRF- wz � I Z k 1.-� �. -1 wj F.' w 0 =Too UM - = I I ,, - Nn am r �R , va r r�w�A. I + , I — VAi ri!Ei `5 Lil Cn��e��e�Rlwa�l L`1�Ga Page 6 Page 130 Item#6. D. Landscape Plan(dated: 7/20/20) 03 17 J-- � L,,rriet+Ft;I.GkL'xR - 4,•.xac+,�,�au�uEwis #r �r LL9L�Il E2�R . VZ f -- r I'k J_; am— ;:_r_rsux.:r�s+i�•�rtrwwT� •" r3m•'+�+�YY;r �._� } � l 3 £Ij �'tGaL 'TVfSYR I IF`Y'-� `1' - s� aa� . 4Try -- IY Un ::. .::�.;«:'i-.�- .:':::'.::.:-'ti'�Yll:Jt':L':ic':�. •n•_. rye e#sr _ ;� --'agr�:r��:s;r:'•�� '�c3.�:�t�#�o Tom:.RLtr � �5� � • � a :T�,::;' w _ _ tea- �•�'a`��:-r., .�.,:,,.-.,..� _ 'rcJC.I�7 �vd am •,y Lrb.•h1.7fYatrJr EIaTf@ � c vr��a_ y - i,f . 3,.,. �Tl.Ti4 �.f:�:. 18 ••- i1�2 �T•-Tl'L'T;.C4"�S zF'1r.'lJLS'Ta -. I AL QfhaLf4DCQVFn i 1 Page 7 Page 131 Item#6. Approved Preliminary Plat/Open Space(2007)vs. Reconfigured Layout/Open Space (2020) 5F Qum I r� 7-i 4 .9 UID VA tk N 17 Page 8 Page 132 Item#6. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(AZ-06-061), development agreement(Inst.No. 107123289),preliminary plat(PP-06-062) and time extension(TE-09- 015; TE-11-001; TEC-13-001; TEC-14-007) applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Bailey Engineering,Inc. stamped on 8/10/2020 by Gregory G. Carter, shall be revised as follows: a. Note#8: Include the recorded instrument number for the NMID pump station operation and maintenance agreement. b. Note#9: Include the recorded instrument number or the ACHD License Agreement. c. Note#10: Include the recorded instrument number for the ACHD Permanent Easement. d. Note#11: Include the recorded instrument number for the NMID license agreement. e. Note#13: Include the recorded instrument number for the NMID Marvin Lateral easement. 5. The landscape plan prepared by Breckon Land Design, dated 7/20/20, shall be revised as follows: a. Include a detail for the 6-foot tall vista 3-rail fence proposed along the northern boundary of Lot 18,Block 16. 6. "No Parking Fire Lane"signs shall be placed at each end of the alley with a few in the middle as well per Fire Code requirements. 7. The rear elevations of the homes visible from public streets and open spaces shall be subject to the architectural standards established for Baraya Subdivision included in the Development Agreement(see provision#5.1.10). 8. Future development shall comply with the approved elevations and design standards listed in the Ten Mile Interchange Specific Area Plan. 9. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The street light plan submitted appears to meet requirements based on a preliminary review. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent Page 9 - Page 133 Item#6. to the development.The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing,landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. Page 10 Page 134 Item#6. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is Page 11 Page 135 Item#6. utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. Page 12 Page 136 EXHIBIT B Item#6. From: Matt Schultz To: Adrienne Weatherly,Charlene Wav;Chris Johnson;Sonya Allen Cc: Bill Parsons Subject: Re: Baraya Sub. 5&6-FP H-2020-0088&H-2020-0089 Staff Reports for Oct. 13th Council Mtg Date: Tuesday,October 6,2020 10:06:30 AM Attachments: imaae006.Dna External Sender -Please use caution with links or attachments. looks good, thanks Sonya! Matt Schultz Schultz Development LLC (208) 880-1695 On Tuesday, October 6, 2020, 10:04:38 AM MDT, Sonya Allen <sallen@meridiancity.org>wrote: Attached are the staff reports for the final plats for Baraya Sub. 5&6. These items are scheduled to be on the consent agenda at the City Council work session on October 13th. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (cityclerk2meridiancity.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Fax: 208-489-0578 Built for Business, Designed for Living 0I © w❑11 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Page 137 Item#6. Page 138 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Lavender Heights No. 1 (H-2020-0090) by LH Development, LLC, Located East of S. Locust Grove Rd. and North of E. Lake Hazel Rd. Page 139 Item#7. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 13, 2020 ORDER APPROVAL DATE: OCTOBER 27, 2020 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 76 BUILDING ) CASE NO. H-2020-0090 LOTS AND 18 COMMON LOTS ON ) 23.19 ACRES OF LAND IN THE R-4, ) ORDER OF CONDITIONAL R-8, R-15,AND R-40 ZONING ) APPROVAL OF FINAL PLAT DISTRICTS FOR LAVENDER ) HEIGHTS NO. 1. ) BY: LH DEVELOPMENT ) APPLICANT ) This matter coming before the City Council on October 13, 2020 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING LAVENDER HEIGHTS SUBDIVISION NO. 1, LOCATED IN THE S '/2 OF THE SW '/4 OF SECTION 32, TOWNSHIP 3N, RANGE IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: AUGUST 3, 2020, by CLINTON W. HANSEN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Lavender Heights No. 1 —FILE#H-2020-0090) Page 1 of 3 Page 140 Item#7. PLS, SHEET 1 OF 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 13, 2020, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Ben Thomas, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Lavender Heights No. 1 —FILE#H-2020-0090) Page 2 of 3 Page 141 Item#7. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 27th day of October , 2020. By: Robert E. Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 10-27-2020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Lavender Heights No. 1 —FILE#H-2020-0090) Page 3 of 3 Page 142 Exhibit A STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/13/2020 DATE: TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner 208-884-5533 NOT A PAR- SUBJECT: H-2020-0090 NOT APART Lavender Heights No. I NOT A PART NOT A PART LOCATION: Generally located east of S. Locust Grove A Rd. and north of E. Lake Hazel Rd., in the S 1/2 of the SW 1/4 of Section 32, T.3N.,R.1 E. NOT A PART 1 inch=500 reel I. PROJECT DESCRIPTION Final plat consisting of 76 single-family residential building lots, 18 common lots, and construction of a 1 0-foot multi-use pathway on 23.19 acres of land in the R-4, R-8,R-15, and R-40 zoning districts. 11. APPLICANT INFORMATION A. Applicant/Owner: LH Development, LLC—PO Box 344,Meridian, ID 83680 B. Representative: Ben Thomas, Civil Innovations,PLLC— 1043 E. Park Blvd. Ste. 101,Boise,ID 83712 111. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. This is the first phase of development of the Lavender Heights Subdivision. The same number of buildable lots, common lots, and amount of open space is proposed as were approved in the preliminary plat. The Applicant is also required to construct and landscape a major portion of the multi-use pathway located adjacent to the Farr lateral,per the Development Agreement provisions. The Applicant has provided both construction drawings and landscape drawings showing the required pathway area but it will not be platted until future phases. This first phase of development provides 3.05 acres of qualified open space;the preliminary plat requires 6.46 acres (or 12.3%overall)of qualified open space. This phase therefore provides approximately 47%of the developments open space requirement. Page 1 Item#7. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 2 Page 144 Item#7. V. EXHIBITS A. Preliminary Plat(date: 4/17/2020) d E Fk- -A g spa I a k I p— ;g I O £o s I: — C h tl � ss� a w ro i 1 T 1 33 EE tl �� ni C pV E tl a e j LT LAVENDER HEIGHTS SUBDIVISION // CIVIL INNOVATIONS,PLLC ' E uERICIPN,ICPH] -� I�� cm Page 3 Page 145 Item#7. B. Final Plat(date: 10/6/2020) Lof7JST GROVE urveiarwo - �' alb m `m m-rya pn -"m �m N66'0.9'62°W 931,20' {_ m E) C ul s a a y BLGOMERAzsa NG AVE�.�, uz. s s m z a maa� � „t g- so!msswzw fl�4 rE r3 o S.SACHET AVE �. ra m' fii.w suroae"w aa�':: rnlo'os ooam• w� Ng m o $�• Os � sl ', N7r6 e2awro � � n m SF s oDs szw � ��s„ v a anw ,N eJ ��t" aaR gl xa� -�� wE J zs � eo�- 3I17 5.GSTR M AVE, S 0 O r y G o �c"je C,.x�i f..ar zos4 sa,w 6 v j6 � m O 'u0a^ 0�� em 5. iI I� Is;Oe x. O mz Z "lu x - m f k r w :�Q �zrre . s a noo--aon seu m r S.THUMEENwNA AVE v NP9 95'6 E ]50 p6.�' [z L (gdMQ ry yr f - C m sN'L➢YLr p Z co � sO "' F e - m 1u0o ' o ➢1 SF d f W "6rPo so,or 6acv -ham �• R Po- t7 T W m a m 60 rvsyso'osw zssm' - .s _�wluns�.H c m 0 v q�t <o Uj O w R m f N710'�E s v w sn 'nm3m C -r� S.BALLERINA AVE. xaz J Z �85UNN! E F3e�s�on O ' A; Inisi _. go a�a$r"boy y {a -I�w mIN znoo• � a^o�o3o�q � 9 ^-�• R0I vl � O g HAg AT9ok3a T1 NV12'02`E 230,95' : oil g �•--- — $g s� O — ��- Gass' som2'az'w asabs' ' ss•12o2•w sxPu� r�:srm � � ? m N 6 om��c� = mar og w m €" Yxs= �e Togs g = �. a° oWA a3amaa H 3" �Paa��o, Hungg 5 N Upi'y�zaso oho a�`o'o $ 6me: map a$=A ^N�AgB o88 m�3o mm a =s xs aw e 2F W OR.^ g•om o O oam v O g mg 5-wmxa w m €�°� ag; eo _ m%� 9 o o W W N o 0 C o e a n;.0 o� wRn��T- �o��,a -m € O _o v o _ m m m; A R' S N e"'_° - 1 =N m v w s W Gi � . oy Te Via- €� e sP o � gm sod m z�� - z Nsr �'= W g 4 e` 3� goWmm. Nge _g s o e om a o o A mp m�m m n > - v y lA Ro _ `�'" m4c-s `. §5oV gm��o�a� tom a u a a �a nrtmx RgT y qT! A�omrg =m^"m=> - n �� m� 2 4 fad [r m4 no o^ g; 8��'�d� mU�H�°g -` £m� ; A A^ �pc m _ n oz 3 z ➢m s,§o xzn o g m Q >° W e E o _oho- > 5^' Aaa s m m z m 1 � O 2f.ho Y =a 9' s, po aK.mg- �z C�gz,�� 'oc gnu � m �`€om a � has '€ 4�€ A W Page 4 Page 146 Item#7. C. Landscape Plans(date: 9/16/2020) TREE MITIGATION NOTES t TREE PROTECTION NOTES I Lu �t Z X` O Q 0 `LANDSCAPE LEGEND, C x _Z CA �� ✓ ✓-- O =JQJ LANDSCAPE REQUIREMENTS '�F i' _ w w 4 - U Z��w LU VIC ,....... -� a Q _ AREA MAP _• _ _ (JOVERALL LANDSCAPE AND TREE MITIGATION PLAN EQU11 LID Page 5 Page 147 PLANE SCHEDULE TEELEFEErEELF-1 J L 7�lz LANDSCAPE LEGEND,., i ; t W177to/I --- -- ... ....... z FUTURE PHASE NOT A FART LJ FA CALLOUT LEGENDii 0 u) HE, (D'T to 4F, (D L 0 E.LAKE HAZEL RU. —--—-- -—--—--—--—-- &ANDS0AlE PLAN-ARIA ONE 7 PLANT SCHEDULE Ql=%LIT- I�IE -IF—T Z &llE=A MAP 11P z NIATCHLINE-SEE SHEET LIS MATCHILINE SEESHEETL12 LANDSCAPE LEGEND -------- LL El 01 RE FV HE=gom cL EEcc(_) o rALL()J-F LEGEND FUTURE PHASE c�LU z }NOT A PART z ...... ......... 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C) IN 0 < Pffi, fi Ni 0 OA BUFFER AREA WITH 1,5'WIDE BERM @)BLIFFER AREA WITH I&WIDE BERM L1.7 PLANT SCHEDULE C)4F,_YAP Mu Ix II I�WIEW E J—R. LH CALLOU7 LEGEND '7r 4 . ....... 0 LAND CAPE PLAN-AREA EIGHT Page 9 Item#7. g 10 PATHWAY LANDSCAPE REQUIREMENTS lTlAREA MAPS PLANT SCHEDULE - LANDSCAPE LEGEND '•,� -- -- r, ------------ Ar rk WE LEGEND © w f n rn � �' z��❑ � U I i Q J N ASPHALT WALKIN PATH �' I.� LELA LAND CAPE PLAN-AREA NINE-M LTI- E PATHWAY Page 10 Page 152 Item#7. D. Common Drive Exhibit NxLSTING ELAOMM SUBDMSION NO.1 t FLFrURE LAVENDER HEIGHTS SURD. I r SAP .00' SAR j BID;[[ 5.OR 5 10 r 1 i 8 BU[011G WILDING , i HUMNG I1 I I ORIENTATION $ 0AFNTAT10N i ON WATWN} II I r I i � ri I i 11 f L—_ ... YOf14EWAY _________—_—J .13 E INACE pL —— — I 12 W BUILDING N f _ f=:z 7�=l DRIENTATIO 4, 14 LOT 14 DRIVEWAYS 13 2 1 $+ 1S �I IUW7 7 FUIIIRE LAVENDER 1 I HEIGHTS SUED. ! 1i +I N 11 4 I N I 17 r I �4 NORTH EM 411 0 Al] fJ• � HORIZONTAL SCALE IN FEET mAWWO 2N00041 0EWNEUMFIL °R�"6T LAVENDER HEIGHTS SUBDIVISION NO. 1 CIVIL INNOVATIONS,PUG am"BV BT ME NDIAN.IDAHO kQ4@E PARK cLwSTEIDl ocmBY ST easS.loelv,zv Izoe B&AIBI ISSIE OAiE 060gROQO wxw.a�.NnP'elgn6to'n sm ASSH MH SHARED DRIVEWAY EXHIBIT $EU IDFt Page 11 Page 153 Item#7. E. Open Space Exhibit-Phase 1 FnWD � ) 0F. I m I n C Z7 m � � m D z m0 im o CD7 D A A z l 1> D 7 � m $ r s m a w m V f � i� N CJ a �w �Ilrl . 1 D A N m / 0 D �N N Scale:1"=250'-0" 10I06M20 .�R LAVENDER HEIGHTS N0. 1 19048 MERIDIAN, IDAHO 83642 a�561-0�3 OPEN SPACE EXHIBIT X1,0 Page 12 — Page 154 Item#7. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2020-0009, DA Inst. #2020-106343). 2. The applicant shall obtain the City Engineer's signature on the final plat by May 12,2022, within two(2)years of the date of approval of the preliminary plat(May 12,2020),in accord with UDC 11-6B-7, in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by Land Solutions, stamped on 08/03/20 by Clinton W.Hansen, is approved with the following conditions: a. Note number 4-Add instrument number; b. Add a note for the required Meridian Pathways public access easement for the multi-use pathway along the western edge of the property and on Lot 1,Block 1. 5. The landscape plans shown in Section V.C,prepared by Breckon Land Design, dated 09/16/20, are approved as submitted. 6. Prior to signature of the City Engineer on this final plat,the applicant shall submit public access easements for the multi-use pathway required with Phase 1 development. Submit easements to the Planning Division for Council approval and subsequent recordation. The easements shall be a minimum of 14' wide(10' pathway+2' shoulder each side).Use standard City template for public access easement. Easement checklist must accompany all easement submittals. Coordinate with Kim Warren from the City of Meridian Parks Department. 7. Future homes constructed in this phase shall be generally consistent with the elevations approved with the preliminary plat application(H-2020-0009)with materials and architectural features to be the same or of higher quality as shown in the elevations. 8. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 9. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. 10. The multi-use pathway along the Farr Lateral shall be owned and maintained by the HOA and incorporated into a common lot with a future phase of development. 11. The Applicant shall obtain Certificate of Zoning Compliance and Design Review approval for the changing rooms and pool located on Lot 1,Block 3. B. Public Works Site Specific Conditions: Page 13 Page 155 Item#7. 1. Streetlight plan is required to be on a stand-alone drawing. Type 1 streetlights are required on E. Lake Hazel Road every 220' 2. SSMH 16, SSMH 20, and SSMH 21 must be accessible, via at a minimum a 14-foot wide compacted grave roadway capable of supporting 75,000 lb. operations vehicles. If SSMH 16 is relocated,make sure it is not in the sidewalk. 3. If access road to manhole is more than 150 ft. in length,a"T"type turn-around is required. 4. For future phases, eliminate or reduce where possible services crossing infiltration trenches 5. Please re-design storm water seepage beds so that sanitary sewer and water services don't pass through them. 6. Due to the elevation differentials in this development,the applicant shall be required to submit an engineered master grading and drainage plan for approval by the Community Development Department prior to signature on the final plat by the City Engineer. This plan shall establish, at a minimum; the finish floor elevation of each building lot,the finish grade elevations of the rear lot corners, the drainage patterns away from each building pad, the drainage patterns of the overall blocks, and any special swales or subsurface drainage features necessary to control and maintain storm water drainage. Applicant's engineer shall consult the 2012 International Residential Code when establishing the finish floor elevations and drainage patterns away from the building pads. General Conditions: 7. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision;applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 8. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 9. 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-313. 10. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 11. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 12. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Page 14 Page 156 Item#7. 13. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 14. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 15. 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. 16. 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. 17. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 18. Developer shall coordinate mailbox locations with the Meridian Post Office. 19. All grading of the site shall be performed in conformance with MCC 11-1-413. 20. 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. 21. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 22. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 23. 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 proj ect. 24. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 25. 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 Page 15 Page 157 Item#7. easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 26. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 27. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 28. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 29. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 30. 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. Page 16 Page 158 Item#7. Joseph Dodson From: Ben Thomas <ben@civil-innovations.com> Sent: Tuesday, October 20, 2020 9:36 AM To: Joseph Dodson Subject: Lavender Heights No. 1 FP H-2020-0090 Joe, We have reviewed the staff report for Lavender Heights No. 1 and are in agreement with the conditions of approval. Thank you. Ben Thomas, PE Civil Innovations, PLLC 1043 E. Park Blvd. Ste. 101 Boise, ID 83712 (208)884-8181 1 Page 159 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Modern Craftsman at Black Cat (H-2020-0022) by Baron Black Cat, LLC, Located in the Northeast Corner of N. Black Cat Rd. and W. Chinden Blvd. (SH 20/26) Page 160 Item#8. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-' AND DECISION&ORDER In the Matter of the Request for Rezone, Short Plat,Development Agreement Modification, and Conditional Use Permit applications,by Baron Black Cat,LLC. Case No(s).H-2020-0022 For the City Council Hearing Date of: October 13,2020 (Findings on October 27, 2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 13,2020,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 13, 2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 13, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 13,2020, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 13,2020,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MODERN CRAFTSMAN—FILE#H-2020-0075) - I - Page 161 Item#8. reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Rezone, Short Plat,Development Agreement Modification, and Conditional Use Permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 13,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MODERN CRAFTSMAN—FILE#H-2020-0075) -2- Page 162 Item#8. City Code Title I I(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 13,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MODERN CRAFTSMAN—FILE#H-2020-0075) -3- Page 163 Item#8. By action of the City Council at its regular meeting held on the 27th day of October , 2020. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: _10-27-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MODERN CRAFTSMAN—FILE#H-2020-0075) -4- Page 164 Item#8. Exhibit A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/13/2020 Legend DATE: Project Location TO: Mayor&City Council FROM: Joe Dodson,Associate Planner 208-884-5533 - _ -_--- SUBJECT: H-2020-0022 Modern Craftsman at Black Cat ... LOCATION: The site is located in the northeast corner of N. Black Cat Rd. and W. Chinden Blvd. (SH 20/26),in the SW 1/4of the ®�® SW '/4 of Section 22,Township 4N., Range 1 W. L PROJECT DESCRIPTION • Rezone a total of 23.63 acres of land for the purpose of reducing the C-C zone from approximately 8 acres to 2-.26 4.23 acres and increase the R-15 zone from approximately 15.1 acres to 21.37 19.39 acres; • Short Plat consisting of 2 building lots and 2 common lots on 21.59 acres of land in the C-C and R-15 zoning districts; • Conditional Use Permit for a multi-family development consisting of 196 residential units on 20.13 acres in the R-15 zone; • Modification to the existing development agreements (Inst. Ws: 106151218; 107025555; 110059432; and 114054272) for the purpose of removing the subject property from the boundaries and terms of previous agreements and enter into a new one, consistent with the proposed development plan, by Baron Black Cat, LLC Note: The Applicant is also applying for private streets and administrative design review. These applications are reviewed and approved by the Director, Commission action is not required. Analysis of the building and private street design are provided below in section V. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 23.63 (R-15—21.37 acres;C-C—2.26 acres) Page 1 Page 165 Item#8. Description Details Page Future Land Use Designation Mixed Use Community Existing Land Use(s) Commercial(tree farm) Proposed Land Use(s) Multi-Family Residential and Commercial Lots(#and type;bldg./common) 4 total lots— 1 multi-family residential; 1 commercial; 1 common lots;and 1 other lot. Phasing Plan(#of phases) Proposed as one phase Number of Residential Units(type 196 single-family,for rent units(single-family style on a of units) single lot). Density(gross&net) Gross—8.7 du/ac.;Net— 10.54 du/ac. Open Space(acres,total 3.78 acres of qualified open space overall(approximately [%]/buffer/qualified) 17.5%)—2.36 acres for 11-3G requirements (approximately 10.9%);62,061 square feet proposed for 11-4-3-27(Multi-Family)standards. 1.89 acres of private open space is proposed(82,170 square feet;approximately 419 square feet per unit). Amenities 5 qualifying amenities— 10' multi-use pathway;pool; clubhouse;picnic area;and tot-lot(a dog park is also proposed but does not meet UDC requirements to be a qualifying site amenity). Physical Features(waterways, N/A hazards,flood plain,hillside) Neighborhood meeting date;#of January 13,2020—7 attendees; attendees: June 30,2020—4 attendees History(previous approvals) AZ-06-004;MI-06-010/011;MI-07-004;MDA-10-004; MDA-14-006; (DA#'s 106151219, 107025555; 107141993, 110059432,&2014-065517) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access is proposed via private streets off of Black Cat Rd. Hwy/Local)(Existing and Proposed) and Tree Crest Way Drive.There are two access points proposed off of N.Black Cat and one off of W. Tree Crest WayDrive. _ Traffic Level of Service Stub Street/Interconnectivity/Cross Applicant is proposing private streets throughout the Access development;a stub street connection is proposed to the eastern property in the northeast corner of the property (Rock Harbor Church site)and will connect with one of the driveway connections on that site.No other vehicle connections are proposed as the subject site is surrounded by streets on 3 of the 4 property boundaries. Existing Road Network No Existing Arterial Sidewalks/ Chinden Blvd(SH 20/26)abuts the southern property Buffers boundary and is currently a two-lane roadway with no improvements along its shoulder.There are no existing sidewalks along the state highway;the Applicant is proposing a 10-foot multi-use pathway within a common Page 2 Page 166 Item#8. Description Details Page lot landscape buffer that will lay outside of the future 1TD right-of-way for SH 20/26. Proposed Road Improvements Distance to nearest City Park(+ 0.8 miles to Keith Bird Legacy Park(7.5 acres in size) size) Fire Service • Distance to Fire Station 2.2 miles from Fire Station#5 • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#5 reliability is 80%. • Risk Identification Risk Factor 2—residential with hazards(multi-family) • Accessibility Proposed project meets all required access,road widths, and turnarounds;Fire has signed off on Private Street layout. Police Service • Distance to Station 8.5 miles from Meridian Police Department • Response Time Approximately 5 '/2 minute response time to an emergency. • Call Data Between 2/1/2019- 1/31/2020,the Meridian Police Section VII. Department responded to 258 calls for service within a mile of the proposed development.The crime count on the calls for service was 14. See attached documents for details. Between 2/1/2019- 1/31/2020,the Meridian Police Department responded to 5 crashes within a mile of the proposed development. See attached documents for details. • Additional Concerns None West Ada School District • Distance(elem,ms,hs) Star Elementary—2.7 miles; Star Middle—5.0 miles; Meridian High School—5.3 miles. • Capacity of Schools Star Elementary—420 students Star Middle— 1000 students Meridian High School—2400 students • #of Students Enrolled Star Elementary—622 students Star Middle—704 students Meridian High School— 1995 students Water—Service will not be by the City of Meridian,as it falls within SUEZ North America service area. Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed North Black Cat Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.9 • Project Consistent with WW YES Master Plan/Facility Plan • Impacts/Concerns Design and number of units clustered together is of particular concern—staff is unclear as to how all units will be serviced.A utility layout depicting how all of the units will be serviced while still meeting design requirements will be required. Page 3 Page 167 1 1 1 Li■- e - � Ali■-- rr� � ■n 1- i// •111111111111111111� � • I^ '�'_� �t�� - 11 •7AI i■T■ii■�ilnilml zpllwlllll, ,ppclli3l:e-T--.Ifs]1751- +:r U / um unn uuuu j III IIIIII.IIIIII 11111111=p t1111111 NI t', .�1--,- �.��-■��un nNlni■■■■w'IR - - U "- aila 'n1 i Q�nnrnnul - . ■ �C wlull�■ BUJ It17 e • - o - . .==im m � f m1-�:j 1 i\::�:■ not •'"' l --i.�u LIIIlw� �9um 11111 I1111■.� num� 1 � �• , �1>;Iluie �i4`�7+/lAg 111■1■1111�,■■111 II1111� � �_ 1 i I■ll �a N�� .m u i 'a' 1��: .m 1■ 1 ,�IIIII 111111= ^mnnl uramna I I 1,i. P �� n■null=,1 �/��1! I Ii1C�l�`►4�� iT■■rinnitmnn 1111111 , , , � IIIIIIIri1111fi111111114LIP111111111 Illllllllgllp ■111 IIIIII 1l111111 =IIIIIIIII � NNI NNn IIINIII e_Ilulwu .-�anon.. �I■111.111111 11111111=p'.11111111 ` �IIIIII.IIIIII/11111111=p IIIIIIIII nu---_ ■■■■■■■•/1111111/e— Q IC7�i�L7�/1111111/e— � �InNlgl:■■■■1■ 111 J�� "InNlgl:■■1■1■'lll S 111111 . Q �nnnnnnlp 1111111 ...... nlp 1111111 nllm VsInlr_nnwmn lawn n= Y�lol__-nnulmn loon '�inmr .—� II pp q�- �IIIIIIIIIII 11■1 m=_ �_U;pp"�p�:IIIIIIIIIII 1■1 - Q _��,I 1��___1111 - � Yid- .�-m`I 17-"--_ii►. �._--- Illl J�1 1111� __�_r __�-�:■11111 111� iity�r-->j` 1 111j�___r __�-�: 11-- �` _ ■11111 m: �s —.��III�i��- rl �� —IIII��.�II1�i::�.�y m■I _u nm�. .- um ■.� ■s• ulllll Illlr��l °: on kin -- rliiiiii 11111 IIIIl1_ nm --. In �mn�uyrn 1 _• 11111 IIIIII_ .__ Item#8. III. APPLICANT INFORMATION A. Applicant: Baron Black Cat LLC— 1401 17fl'Street, Ste. 700,Denver, CO 80202 B. Owner: Same as Applicant C. Representative: Kent Brown Planning—3161 E. Springwood Drive,Meridian,ID 83642 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 5/l/2020 9/25/2020 Radius notification mailed to properties within 300 feet 4/28/2020 9/23/2020 Site Posting 6/26/2020 9/29/2020 Nextdoor posting 4/28/2020 9/23/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Mixed Use Community—The purpose of this designation is to allocate areas where community- serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential,and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood(MU-N) areas,but not as large as in Mixed Use Regional(MU- R) areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to (up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. The subject site is surrounded by existing City of Meridian zoning and development that is both existing and planned(the adjacent parcels are entitled but some have not yet begun construction). The proposed land use of multi family residential and commercial are consistent with the land use types noted in the Future Land Use Map (FLUM)designation definitions and preferred uses. The proposed product type is by definition multi family(more than 2 units on a single building lot) but the Applicant has designed the units so to emulate single-family attached and detached structures that share mews and pedestrian pathways rather than public streets. The proposed unit types also provide more private open space than traditional multi family development,furthering its feel of single family residential. In addition, certain densities are required to be met for residential projects within the MU-C future land use designation. The proposed project as shown is approximately 8 du/ac, meeting the 6-15 du/ac requirement(see community metrics above). Therefore, Stafffinds the density proposed with the short plat and rezone is consistent with the Future Land Use Map designations of Mixed Use Community(MU- C). Mixed-use designations also require at least three (3) types of land uses. The proposed project offers an area of commercial zoning that should accommodate multiple future uses. The commercial lot is proposed with two building sites that have multiple suites so there is potential Page 5 Page 169 Item#8. that distinct land uses will be available on-site. When analyzing projects within the MU-Cfuture land use designation, the approved and/or developed land uses nearby must be taken into account. Therefore, Staff has taken into account adjacent land uses that can be traveled between with relative ease. Directly to the east of this site is the future Rock Harbor Church site, a different use than proposed with this project. Within a half mile to the west and off of Chinden Blvd., a mixed use project(Central Valley Plaza/Pollard Subdivision) is approved and will offer multiple additional uses and employment opportunities that these future residences could use. Within a half mile to the east, the new Costco building has been approved and is in the process of receiving building permit approval. Directly across N. Black Cat, more commercial development is proposed within the Fairbourne Subdivision. Staff initially had concerns with the overall site design but the Applicant has worked diligently to take Staffs comments into account, specifically in relation to this mixed-use policy: `Mixed use areas should be centered around spaces that are well-designed public and quasi-public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further place-making opportunities considered." The Applicant added additional commercial area to the project and moved the open space to a more central location to help integrate the commercial with the proposed residential. Staff particularly finds the plaza area between the clubhouse and one of the commercial buildings as a great example of integrating the uses as the commercial building fronts on the plaza and would offer great pedestrian connectivity for residents in this project. Staff may prefer additional commercial on the subject site more in line with the existing zoning areas, but Staff also understands that nearby uses help mitigate the loss of commercial zoning on this specific parcel. Staff finds that the proposed layout generally meets the MU-C future land use designation policies and goals. The Applicant is also requesting to modify the recorded development agreements(Inst. #'s: 106151218; 107025555; 107141993; 110059432; and 2014-065517) for the purpose of removing the subject property from the boundary of the previous agreements and enter into a new development agreement(DA) consistent with the proposed development plan. Staff s recommended DA provisions are included in Section VIII.A1. The new DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting approval of the MDA by City Council and subsequent recordation. The existing development agreement and subsequent addendums relate to a much larger area than this specific corner on Black Cat Road and Chinden Blvd. (Highway 20126). One of the addendums (from 2007) does directly address the existing tree farm and allows it to continue its use as a tree farm until such time that the property is redeveloped. Because this new development is one of the last portions of the larger area governed by the original DA to redevelop, the Applicant wishes to remove this project site from that DA and its subsequent addendums and enter into its own DA consistent with the proposed development plan. Staff finds a new DA will allow the subject site to develop in a more cohesive and clean pattern while also eliminating the need to amend the existing DA any further. B. Comprehensive Plan Policies(https://www.meridiancioy.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).Modern Craftsman at Black Cat is offering a new type of development within the City of Meridian by proposing single-family attached and detached homes within a multi family setting. To both the north and to the west Page 6 Page 170 Item#8. (across N. Black Cat Road) traditional detached single-family homes exist and are proposed. The Applicant hopes to add an additional housing type in this area that will delineate a new housing use in the City and add to the housing diversity available. "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 site design incorporates mews,private streets, common open space, and different housing designs within the same parcel. Much of the surrounding development, especially the closest subdivisions, is of lower density, detached single-family development. Because of this, a lot of the public testimony received has requested that this subject site emulate these subdivisions. The subject site does not share the same future land use designation as the adjacent subdivisions and therefore cannot be developed in the same way. Despite being a mixed use designation, the Applicant has chosen to propose a development that is made up of mostly single-story structures. The Applicant did this in order to be more compatible with surrounding residential development. In regards to site design, the Applicant is proposing two-story townhomes along the eastern and western boundaries; these townhomes will abut a parking lot for the adjacent Rock Harbor Church on the east side of development and abut Black Cat along the western boundary and landscape buffer.Also along the eastern boundary is a smaller landscape buffer(approx. 10 feet wide) that is approximately 520 feet in length and proposed with 5 trees and a vinyl fence. The Applicant has also proposed a few of their larger detached structures (3-bedroom units)next to the proposed townhomes along Black Cat to help with buffering along the busy collector. Interior of these townhomes is the main component of this project, attached and detached single-story homes mostly laid out in a detached four Alex configuration. Sidewalks run throughout the development and these attached and detached units making for great pedestrian connectivity throughout the site. In addition, the Applicant has proposed two sidewalk connections out to the proposed multi-use pathway extension along Chinden to help with interconnectivity between parcels. Further pedestrian and open space analysis is in other sections of the staff report below. The Applicant is not proposing any vehicular accesses onto Chinden Blvd. which is a welcomed proposition for ITD and Staff. Reducing access points to arterial streets and state highways is a major goal within the City's Comprehensive Plan and helps funnel traffic in appropriate manners. Staff believes placing townhomes along Black Cat offers an appropriate buffer between the busy collector roadway and the single-story structures that make up a majority of the development. In addition, the subject site is bordered on three sides by public roads that have or will have landscape buffers. These landscape buffers and the public roads should offer a needed buffer. "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 subdivision to the north,per Public Works comments. This project also lies within the Fire Department response time goal. Chinden Boulevard is currently being widened in multiple places along its corridor and will connect to the planned expansion of Highway 16. It is the intent of these road improvements to help with current and future congestion along Chinden Boulevard. To help mitigate this, the Applicant is not requesting any accesses onto Chinden but instead is proposing two access points to Black Cat and one access to W. Tree Crest Drive, essentially the northern border of the property. West Ada School District has offered comments on this project and estimate an additional 156 school age children could reside in this community. Of the closest neighborhood schools, Star Elementary is the only school shown as currently over enrolled. West Ada also notes that future students in this area could attend the Owyhee High School and Pleasant View Elementary School—Pleasant View is scheduled to open in Fall 2020. Staff understands that school Page 7 Page 171 Item#8. enrollment is a major issue to be dealt with but at least in the northwest Meridian area, some relief appears to be on the horizon with new schools opening up soon. Staff finds 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" (4.05.01F). The proposed project offers open space that meets and exceeds the minimum requirements in the unified development code (UDC). The Applicant has increased the amount of open space over the course of discussions with Staff which improves the overall project. There are three main areas of open space in this development but smaller, qualifying open space also exists throughout the project. These three main areas hold the proposed dog park, clubhouse and pool, tot-lot, a plaza shared between some commercial and the open space lot, and a central vista that connects both ends of the development with green space. This central vista is also anchored at each end with amenities making the open space flow and feel as part of the development. See further analysis in Section V.E and V.L. "Explore development and implementation of architectural and/or landscape standards for geographic areas of the City."(5.01.02F). The proposed project site is not within a specific area plan for the City but because it is a multi family product, it is subject to design review. The Applicant has submitted a concurrent administrative design review application that accompanies Staff's review of the conceptual elevations. The architecture proposed throughout the residential portion of the project offers modern design elements that include shed roof combinations that are combined with stucco and stone sidings,finished wood as a siding and accent material, and metal as an accent material. Staff not only finds the submitted elevations to be in compliance with the Architectural Standards Manual but also finds this type of architecture as unique and a welcome addition to the neighborhood. "Establish distinct,engaging identities within commercial and mixed use centers through design standards."(2.09.03A).As discussed above, the proposed product type and architecture would make Modern Craftsman at Black Cat a distinct area within the City. The Applicant has worked with Staff to offer a site design that provides some integration between the commercial and residential product types. In addition, there is a similar look and feel in the development created largely by the inclusion of the central vista and large amounts of private open space for multi- family development.As noted above, Staff may desire more commercial on this parcel to offer more opportunity to be integrated, but Staff cannot and should not analyze this project without looking at the development around the subject site, without looking from a macro view of the surrounding area. When taking all of the surrounding area into consideration, Stafffinds that the proposed development meets a majority of the mixed-use policies and objectives. Staff finds this development to be generally consistent and in alignment with the Comprehensive Plan and a majority of the mixed use policies. C. Existing Structures/Site Improvements: The site currently houses a tree farm that has a number of small mobile home type structures.All existing structures will be removed upon development of this site. In fact,under the terms of the existing DA,this use was to cease long before now. D. Proposed Use Analysis: The proposed use is multi-family residential and commercial;the commercial area is relatively small when compared to the residential,approximately 2 acres compared to 21 acres, respectively. Multi-family residential is a conditional use in R-15 zoning district per UDC Table 11-2A-2. The commercial area is already zoned and there are currently no tenants in place for the Page 8 Page 172 Item#8. proposed commercial building suites. Because no tenants are currently known of, Staff cannot review those uses for compliance in the C-C zoning district. Commercial buildings require Certificate of Zoning Compliance(CZC)and Design Review so at that time Staff will evaluate the uses for compliance. The multi-family development is proposed to be constructed in one phase and incorporate both detached and attached structures; of the 196 multi-family units,42 units are townhomes proposed along the eastern and western boundaries of the site.As discussed previously,the multi-family buildings are subject to design review and the Applicant has applied for this concurrently with the conditional use permit application. The Applicant did not provide elevations for the future commercial buildings;upon submittal of the required CZC,the Applicant will be required to submit concurrent design review for the commercial buildings. The Applicant has provided conceptual elevations of the Clubhouse and it shares in similar architecture with the proposed residential units as required by the specific use standards. The proposed use is not a traditional type of single family or multi family development, it is a hybrid of the two. The Applicant could have chosen to plat each one of these buildings individually; the Applicant could also have proposed traditional 4-story garden style apartments. Both potentials have their positives and negatives and the Applicant is proposing a different product type to the City of Meridian. The proposed units are a majority of single-story one, two, and three-bedroom detached units without garages. The Applicant is proposing more traditional apartment style parking but some units do have attached one-car garages. All of the townhome units also have attached garages on their .first floor. Largely, the proposed buildings in this development look like detached single-family homes but have on-street parking and less private open space than a standard 4,000 or 8,000 square foot lot. However, the Applicant is proposing vastly more private open space than is required by UDC for multi family development. UDC requires at least 80 square feet per unit and the Applicant is proposing an average of 400 square feet per unit via small private yards for every single unit. The design of this can be best seen on the open space exhibit(see Exhibit VII.C) and the fencing plan shown on the last page of the landscape plans (see Exhibit HID). To be clear, the main proposed use is single-family detached structures with on-street parking that all reside on one single building lot, making it a multi family development by definition. There are also traditional style townhome units but are also on the same building lot, making the whole residential product type multi family. E. Specific Use Standards(UDC 11-4-3): The proposed multi-family development use is subject to conditional use permit approval by the Planning and Zoning Commission and subject to specific use standards outlined in UDC 11-4-3- 27 and below: 11-4-3-27—Multi-Family Development: A. Purpose: 1. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. 2. To create quality buildings and designs for multi-family development that enhance the visual character of the community. 3. To create building and site design in multi-family development that is sensitive to and well integrated with the surrounding neighborhood. Page 9 Page 173 Item#8. 4. To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings, and provide safe,interesting outdoor spaces for residents. B. Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties.Proposed project complies with this requirement. 2. All on-site service areas,outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash enclosures; all proposed transformer/utility vaults shall also comply with this requirement. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The private, usable open space provided for each unit varies with each unit type but each one provides more than the required amount.According to the Applicant, the minimum private open space provided is 288 square feet, the maximum for any one unit would be approximately 869 square feet, and the average is approximately 419 square feet. Again, this proposed design offers private open space that is more akin to single-family developments but is still a multi family product and the type of housing that Baron Black Cat is aiming to provide. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5.No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts",of this title. See analysis in staff report below. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location(including provisions for parcel mail)that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) Per the submitted plans, the Applicant appears to meet these requirements. The site plan submitted with the Certificate of Zoning Compliance application shall depict these items. Page 10 Page 174 Item#8. C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. Note: Open space standards found in UDC 11-3G AND those found in these specific use standards shall apply to this project.Please see the applicability section of both code sections. Staff analysis for both open space requirements is in Section V.L of this staff report instead of splitting the analysis into two parts. 2. Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20').Proposed open space submitted as meeting this requirement has been reviewed.All area labeled as qualified common open space on the open space exhibit complies with this requirement. 3. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to be developed in one(1)phase. 4. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff.retroactive to 2-4- 2009). The buffer along N. Black Cat Road, a collector street, does not count toward the common open space requirements for these specific use standards. However, those areas along the arterial and collector roadways do count towards the minimum 10%required open space for the residential development as a whole. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1)Clubhouse. (2)Fitness facilities. (3)Enclosed bike storage. (4)Public art such as a statue. b. Open space: (1)Open grassy area of at least fifty by one hundred feet(50 x 100')in size. (2)Community garden. (3)Ponds or water features. (4)Plaza. Page 11 Page 175 Item#8. c. Recreation: (1)Pool. (2)Walking trails. (3) Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two (2) amenities shall be provided from two (2) separate categories. b. For multi-family development between twenty(20)and seventy five (75)units,three (3) amenities shall be provided,with one from each category. c.For multi-family development with seventy five(75)units or more, four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Based on 195 proposed units, a minimum of four(4)amenities are required,however, the decision making body is authorized to consider other amenities in addition to those provided per the standards listed above in 2.d. The following amenities are proposed from the quality of life, open space and recreation categories:a clubhouse with offices for rent by the residents, a tot-lot, a swimming pool,picnic shelter with a BBQ area, a plaza, community garden, and a small fenced dog park area. Therefore, the Applicant is proposing 6 qualifying site amenities. The proposed dog park does not meet the UDC requirements to qualify as a site amenity due to it not being large enough and not showing the required trash receptacles or dog washing station.Even though it is not a qualifying amenity,Staffpresumes it will be used often. Staff recommends that at least trash receptacles be added to the dog park area to ensure a clean and odorless experience is incurred.In addition to these amenities, the Applicant is proposing 102 self-storage lockers (each locker is 12 square feet)spread throughout each of the garage buildings so that residents may store small amounts ofpersonal items onsite and near their units. This is also not a qualifying site amenity but Staff finds that these will likely be heavily used even though not all residents will be allowed to participate in it due to the difference in unit count and available lockers. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(3')wide. Page 12 Page 176 Item#8. b. For every three(3) linear feet of foundation,an evergreen shrub having a minimum mature height of twenty four inches(24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan provided appears to meet these specific use standard landscape requirements. (see Exhibit VII.D) F. Dimensional Standards(UDC 11-2): The commercial and multi-family residential lots appear to meet all UDC dimensional standards per the submitted plat. In addition,all private streets appear to meet all UDC dimensional standards per the submitted plans. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC 11-6C-3). The proposed short plat and submitted plans appear to meet the UDC requirements of this section. G. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via private streets off of N. Black Cat Rd. and W. Tree Crest Drive. The two proposed access points to Black Cat Road have been approved by ACHD but typically access to Black Cat is limited by the City. The Applicant may request from City Council to keep the two access points as proposed, in accord with UDC 11-3A-3. The Applicant is also proposing an access in the northeast corner of the property via a shared driveway with the Rock Harbor Church site. Private streets are proposed throughout the development,with two running east-west(W. Waverton Ln. and W. Caragana Ln.) and two running north-south(N. Spurwing Ln and N. Agrarian Ln.). Access via Chinden Blvd. is prohibited and is not proposed. Due to the nature of the proposed use, Staff believes private streets are appropriate in this development. Private streets are required to comply with the design and construction standards listed in UDC 11-3F-4. The proposed private streets are 25 feet wide with 5-foot or 7-foot attached sidewalks on both sides. Both open and covered parking is provided along most of the private streets. Further parking analysis is discussed in the next section,Section V.H.In addition,private streets are required to be on their own common lot or within an easementper UDC 11-3F-3B.3 standards. The submitted plat does not appear to show this requirement,Staff is recommending a condition of approval to revise the plat to show compliance with this requirementprior to the City Council hearing. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for multi-family dwellings based on the number of bedrooms per unit. The submitted and revised plan named "Conditional Use Plan"appears to have the most up to date parking counts and show 497 spaces for the entire development. 436 are proposed for the residents, 28 are reserved for the clubhouse, and the remaining 33 are for the proposed commercial. Of the 436 for the residential units, 179 spaces are uncovered, 134 are covered carport spaces, and the remaining 123 are garage spaces. Across the different unit types there are 641-bedroom units, 100 2-bedroom units, and 32 3-bedroom units. The 1-bedroom units require 1.5 spaces per units, with at least one of the spaces being covered; the two and three bedroom units require 2 spaces per unit, also with at least one covered per unit. Therefore, the minimum amount ofparking required for the multi family portion of this development is 360 spaces, with 196 of those required to be covered. Therefore, the proposed parking count exceeds the minimum UDC requirements. Page 13 Page 177 Item#8. The commercial areas proposed in the southwest corner of the site is shown as 12,789 square feet that would be spread across two building pads—the smaller pad, approximately 2,000 square feet, shares a plaza with the tot-lot and open space area near the west-central portion of the site. For commercial uses, the parking requirement is one space for every 500 square feet and the proposed commercial area requires a minimum of 26 spaces. The Applicant has proposed 33 spaces for the commercial area, exceeding the minimum amount required by the UDC.A portion of the proposed parking directly abuts the street and those utilizing the commercial parking would have to back into or drive directly onto the private street in order to exit those spaces. This is not prohibited by code but is far from ideal. Staff believes this type of parking set up may cause additional accidents and therefore recommends a redesign of the parking for the proposed commercial area. This redesign should minimally include a 5-foot wide landscape island along the edge of this proposed parking area to eliminate this conflict. The Applicant shall still provide the required number of parking stalls based upon the gross floor area of the proposed commercial area. A parking plan can be seen in Exhibit VILE. I. Pathways (UDC 11-3A-8): A 10-foot wide multi-use pathway is proposed along the entire W. Chinden Blvd. street frontage and is proposed to be placed within the required arterial street landscape buffer. The proposed pathway will be approximately 60-feet from the existing edge of right-of-way of Chinden Blvd. due to future widening projects. The Applicant is dedicating a separate, 60-foot wide,non- buildable lot along Chinden Blvd. for the future benefit of Idaho Transportation Department. This section of multi-use pathway will allow further safe pedestrian connection along the SH 20/26 corridor and will directly help connect this development with the adjacent Rock Harbor Church site to the east and with development to the west and across N. Black Cat. The multi-use pathway is also proposed to connect to a new 5-foot detached sidewalk along N. Black Cat and to two internal connections from within the development. These sidewalk connections offer further pedestrian connectivity between developments along the SH 20/26 corridor. The proposed sidewalks in this development are essentially micro-pathways. These pathways connect throughout the entire development and traverse through every mew as well. They offer increased pedestrian connection and give future residents the opportunity to walk rather than drive within the project site. J. Sidewalks(UDC 11-3A-17): Attached sidewalks are proposed along all internal private streets as part of the overall pedestrian circulation, in accord with the standards listed in UDC 11-3A-17. Part of the sidewalk plan places one within a long vista that connects all the way from the clubhouse/tot-lot area in the west of the site to the barbeque and picnic area in the east portion of the site. This area is proposed with landscaping adequate to offer both shade and green space but does not appear to be so convoluted with trees as to offer line of sight issues for public safety. Staff supports the sidewalk and pedestrian circulation plan for this development. See Exhibit VII.F. K. Landscaping(UDC 11-3B): A 35-foot wide street buffer is required adjacent to W. Chinden Blvd., a state highway system (SH 20/26), landscaped per the standards listed in UDC 11-3B-7C. A 35-foot wide common lot is depicted on the plat to the interior of the 60-foot wide common lot for future ITD purchase. There is also a required 20-foot wide landscape buffer adjacent to N. Black Cat, a residential collector roadway. This required landscape buffer should also be placed into common lot(s)per UDC Page 14 Page 178 Item#8. standards in 11-3B-7C.2; Staff is recommending a condition of approval to amend the plat to show the entire buffer along N. Black Cat within a common lot. Per UDC 11-3H-4D, and within the required buffer along SH 20/26,the Applicant is also required to build a noise attenuation wall or wall and berm combination at least 10-feet in height,measured from the height of the centerline of the highway. The Applicant is proposing a wall/berm combination that appears to meet the height requirement. Staff notes that this wall is also required to modulate over the course of its length. The submitted landscape plans do not appear to show this modulation so the Applicant will be required to correct the plans prior to final plat submittal. On the submitted landscape plans,there are no proposed trees or shrubs shown within the required landscape buffer between the commercial lot and SH 20/26. This area of the landscape buffer is also required to be landscaped and Staff is recommending a condition of approval to include landscaping in this area beyond grasses. See Section VII.D for the submitted landscape plans. 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 on the submitted landscape plans, sheet L.4. The addition of this data in the calculations table will be required as a condition of approval. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. The total square footage of common open space and the required number of trees to demonstrate compliance with UDC standards is NOT included in the Landscape Calculations table. The addition of this data in the calculations table will be required as a condition of approval. The City Arborist has also made comments on the subject application regarding its landscaping, specifically on the type of tree species proposed. Fraxinus `Ash"tree species attract a specific and invasive pest and it is the request of the City Arborist that projects start trying to replace these types of trees with other tree species. Therefore, Staff is recommending a condition of approval that the Applicant work with the City Arborist on an appropriate alternative to their proposed `Ash"tree selection. L. 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 21.59 acres,a minimum of 2.16 acres of qualified common open space should be provided to satisfy this requirement. In addition,because this is a multi-family development within a residential zoning district,the common open space standards listed within the specific use standards,UDC 11-4-3-27, also apply. The Applicant's open space calculations do not accurately depict the amount of required and proposed open space for the multi-family specific use standards; Staff is recommending a condition to correct this prior to City Council.According to Staffs calculations,a minimum of 55,000 square feet (or 1.26 acres) of additional qualifying common open space should be provided.Combined, the required amount of minimum qualifying open space that should be provided is 3.42 acres. According to the open space exhibit(see Exhibit VII.C),the applicant is proposing a total of 3.78 acres of qualified open space. There are a number of small areas throughout the development that are still green space but are not qualifying open space. Of the 3.78 acres proposed,2.36 acres is proposed to meet the overall minimum 10%requirement(2.36 acres equates to 10.9%). This qualified open space consists of a 10-foot multi-use pathway,common lots with open space areas, Page 15 Page 179 Item#8. and required street buffers along adjacent roadways. This area exceeds the minimum UDC requirements. The remaining 1.42 acres of open space is proposed to meet the specific use standards for multi- family development. These areas of open space consist of the mews between unit blocks (including the long vista that connects the east side of the development with the west side of the site), some end cap landscaped areas along streets, and smaller areas of open space that meet the minimum 20' x 20' dimensions. The open space proposed to meet the specific use standards exceeds the minimum UDC requirements. As noted above, the common open space provided with this development exceeds the minimum amounts required by code. In addition, the Applicant is proposing much more additional private open space than is required by code. Staff and the Applicant worked diligently together to design the open space in such a way to integrate the commercial uses with the residential as required in the MU-C policies and goals. The Applicant responded to these conversations by providing a community garden area that can be shared by the commercial building and the nearby residents. Perhaps a future restaurant as one of the commercial tenants could utilize this garden area for fresh produce in their daily operations. In addition, the Applicant proposed additional commercial space that shares a plaza space with the clubhouse and residents. There are a plethora ofpotential uses for this including a farmer's market style use or pop-up shops where tenants can utilize the sidewalk space for further interaction with customers. This plaza area is directly linked with the long vista in the center of the development via micro pathways and stamped/colored concrete across the private streets. Staff appreciates the additional delineation ofpedestrian and vehicular travel ways but wishes the Applicant would have proposed more stamped/colored concrete throughout the development to add more character to the development and its pedestrian circulation. However, Staff supports the connection of open space from one end of the site to the other and the fact that the vista and open space areas are anchored by an amenity on the east end and amenities and commercial space on the west end of the site. All in all, Staff finds that the proposed common and private open space are sufficient for a project of this size and proposed use. M. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed short plat(21.59 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 proposes one(1) qualified amenity to satisfy the requirements in this section of the UDC, a 10-foot multi-use pathway along SH 20/26. All other site amenities (analyzed in an above section) are meant to satisfy the specific use standard amenity requirements. The proposed multi- use pathway meets the minimum UDC standards. As noted above, the Applicant is proposing a small dog park in the northwest corner of the subject site(it is not a qualifying site amenity).Multi family specific use standards do not allow this area to count as open space if it up against a collector roadway(Black Cat Road) unless separated from the street by a berm or barrier at least 4-feet in height with breaks in it to allow for pedestrian access.According to the submitted landscape plan, there appears to be no such berm or barrier along this corner other than a fence meant to delineate the actual dog park. Therefore, the proposed dog park area is not qualifying open space or a qualifying amenity for the multi family requirements. However, it is qualifying open space under the general minimum 10%requirement. Page 16 Page 180 Item#8. N. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan and meets UDC standards as proposed. O. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): As discussed in the comprehensive plan policies analysis, Staff believes most of the submitted elevations meet the required Architectural Standards. The applicant has submitted a concurrent design review application and staff finds the submitted architecture of the residential portion of the development complies with the ASM except for those elevations for the proposed townhome style units. Commercial elevations were not submitted with this application but future buildings should incorporate similar architectural features to ensure a cohesive design as envisioned by the Comprehensive Plan and ASM.A separate DES will be required for the Commercial portion of the development. The submitted elevations for the proposed townhome home units show only one field material, stucco. The ASM requires at least two field materials for multi family development for facades as long as those shown. Staff recommends the Applicant include more of the proposed lap siding along both the front and rear facades to meet the intent of the ASM goals. In addition, the ASM notes that no two multi family buildings should look the same. To ensure compliance with at least the intent of this requirement, the Applicant should create differentiation between some of the 6- plex, townhome buildings through differing architectural designs and color palettes. Staff is recommending conditions of approval to correct this. VI. DECISION A. Staff: Staff recommends approval of the requested conditional use permit, short plat,rezone, and development agreement modification applications per the Findings in Section IX of this staff report. The Director approved the private street and administrative design review applications. B. The Meridian Planning&Zoning Commission heard these items on July 9,2020 and August 2020.At the August 20,2020 public hearing,the Commission moved to recommend approval of the subject Rezone, Short Plat, Conditional Use Permit, and Development Agreement Modification requests. 1. Summary of Commission public hearing_ a. In favor: Matthew Riggs,Owner; Elizabeth Schloss,Development Manager; Deborah Nelson, Owner Representative. b. In opposition: Joe Warchol,neighbor;Nancy Everard,neighbor; Richard Gilkey, neighbor; Dave Jacobs,neighbor; c. Commenting: Scott Freeman,neighbor; Joe Warchol;Nancy Everard; Richard Gilkey, Dave Jacobs; Lynn Southam,nei hg bor. d. Written testimony: 49 written testimonies outlining the same issues brought up during the hearing with the addition of a desire by a number of the neighbors for this land to be developed similarly to Spurwing and not a mixed use development. e. Staff presenting application: Joseph Dodson, Current Associate Planner f. Other Staff commenting on application: Andrea Pogue, puty City Attorney 2. Key issue(s) testimony a. Amount of parking available for future residents and for commercial buildings; specifically,will there be no parking signs placed along Tree Crest Drive and how will the commercial parking be revised, b. Added traffic of development and nature of apartment populations, Page 17 Page 181 Item#8. C. Location of any—public transportation and any—public park; d. Cost of high-endpartments and affordability of proposed apartment units; e. Amount of commercial and a desire for more neighborhood commercial instead of multi-family residential; 3. Key issue(s)of discussion by Commission. a. The amount of commercial acreage and why it is being reduced—this was the main reason the project was continued to a new hearing date with a request that the Applicant increase the commercial area. The Applicant did accommodate this request; Viability of incorporating vertically integrated development into the project to increase b. the commercial and not lose and Street type of Tree Crest Drive and whether parking is allowed—Tree Crest Drive is a C. collector and there is no on-street parking allowed; Design of the proposed commercial on the hard corner of Chinden and Black Cat—will d. it be one or two stories; Is the intent of the offices within the clubhouse intended to serve the development or go e. beyond its borders; Potential issues and resolutions of the required 25-foot buffer between the commercial f. zoning and the residential buildings. 4. Commission change(s)to Staff recommendation: a. Update the staff report to include those provisions from the Staff memo following the Applicant's changes to the commercial area of the site. 5. Outstandingissue(s)ssue(s) for City Council: a. The Applicant will need to request a waiver from the City Council to reduce the land use buffer between the C-C zoning and the multi-family units proposed on the R-15 portion of the project—specifically,that area between the Clubhouse and the smaller commercial building and the residential to its east. C. The Meridian Citv Council heard these items on October 13,2020.At the public hearing.the Council moved to approve the subject Rezone. Short Plat.Conditional Use Permit,and Development Agreement Modification requests. 1. Summary of the City Council public hearing: a. In favor: Deborah Nelson,Applicant Legal Representative;Kent Brown,Applicant Rep. b. In opposition: Jessica Rieke,neighbor;Karl Bennion,neighbor;Joseph Hammer. neighbor; Denise LaFever.neighbor: Ray Parkinson,neighbor C. Commenting: Deborah Nelson;Jessica Rieke;Karl Bennion;Joseph Hammer: Denise LaFever;Kent Brown; Ray Parkinson. d. Written testimony: One written comment since the Commission hearing—"DL"- reiterating the issues presented previously at both Commission hearings regarding density;traffic,and commercial area. e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. The proposed density and how it meshes with the existing Spurwing Development to the north; b. The reduction in the amount of commercial space is of maior concern and should be remain as is currently zoned to help mitigatey densit i c. What is the difference between the zoning districts and future land use designations, specifically what is their importance to the conversation about density allowed. d. Amount of usable open space proposed and how it might force residents to use open space within Spurwing Subdivision to the north. Page 18 Page 182 Item#8. 3. Key issue(s)of discussion by City Council: a. Amount of commercial zoning remaining from existing 8 acres of C-C as well as overall square footage of leasable commercial space—how does the reduction in commercial zoning affect the overall development- b. Location of leasable commercial space within C-C zone and whether area within Clubhouse is available to the public or just future residents, C. Overall layout of development but specifically,why so much of the amenities and open space are congregated in the western third of the site—Applicant has stated that this is intentional so as to allow residents the option of living near to or further away from the proposed amenities: d. Proposed architectural design of structures appearing to not offer much variety (specifically in color palette): e. Difference in school enrollment numbers presented b. the he Applicant versus those provided to the City—the Applicant obtained more up to date numbers by reaching out to West Ada directly following the original submittal of the application months ago: f What is the purpose of requesting less than a two-story commercial building on the hard corner and does the two-story concept offer enough parking and more leasable space. 4. City Council change(s)to Commission recommendation: a. Strike condition VIII.A-l.f as requested b, the he Applicant. b. Approve the Applicant's request for a waiver of the required 25-foot land use buffer between the C-C zoning district and the R-15 zoning district—Staff to determine fmal language on revised provision/condition. c. Council approved change in language regarding building permit application timeline to remove requirement that plat must be recorded prior to applying for building permits. Page 19 Page 183 Item#8. VII. EXHIBITS A. Revised Rezone Legal Descriptions and Exhibit Maps EXHIBIT DESCRIPTION FOR MODERN CRAFTSMAN SUBDIVISION R-15 ZONING DISTRICT A portion of Lots 1 and 2, Block 1 of Puma Subdivision as filed in Book 71 of Plats at Pages 7263 through 7264, records of Ada County, Idaho and a portion of the SW 114 of the SW 114 of Section 22,TAN,, R.1 W., B.M., City of Meridian,Ada County, Idaho more particularly described as follows: Commencing at the SW corner of said Section 22 from which the S114 corner of said Section 22 bears South 89°1T18"East,2647.24 feet; thence along the South boundary line of said Section 22 South 89°17'18"East,287.86 feet to the REAL POINT OF BEGINNING; leaving said South boundary line North 00°40'53"East, 359.40 feet; thence North 19'12'20"East,30,18 feet; thence North 00°40'46"East,227.75 feet; thence North 83°45'26"West, 300.46 feet to a point on the West boundary line of said Section 22; thence along said West boundary line North 00°30'42"East,253.71 feet; thence leaving said West boundary line and along the southerly boundary line of Tree Farm Subdivision No. 2 as filed in Book 114 of Plats at Pages 16914 through 16921, records of Ada County, Idaho and the northwesterly extension thereof South 78°03'14"East, 104.00 feet to an angle point on the southerly boundary line of Lot 2, Block 7 of said Tree Farm Subdivision No. 2; thence along said southernly boundary line of said Tree Farm Subdivision No. 2 the following 5 course and distances: thence 61.63 feet along the arc of a non-tangent curve to the left, said curve having a radius of 1,552.00 feet, a central angle of 02°16'31"and a long chord which bears North 10*48'30"East,61.63 feet; thence North 55°40'41"East, 10.27 feet; thence 151,39 feet along the arc of a non-tangent curve to the right, said curve having a radius of 700.00 feet, a central angle of 12°23'31"and a long chord which bears South 71*18'06"East, 151.10 feet; thence South 65°06'21"East,221.65 feet; Page I of 2 Page 20 Page 184 Item#8. thence 56.81 feet along the arc of a non-tangent curve to the left, said cure having a radius of 850.00 feet, a central angle of 03°49'45"and a long chord which bears South 67'01'18"East, 56.80 feet to a corner common to Lot 2, Block 7 of said Tree Farm Subdivision No. 2,and Lot 1, Block 7 of Tree Farm Subdivision No. 1 as filed in Book 113 of Plats at Pages 16498 through 16505, records of Ada County, Idaho; thence along the South boundary line of said Lot 1, Block 7 the following 4 courses and distances: thence 135.28 feet along the arc of cure to the left, said cure having a radius of 850.00 feet,a central angle of 09'07'08"and a long chord which bears South 73°29'44"East, 135.14 feet; thence South 78°03'14"East,263.21 feet; thence 183.86 feet along the arc of cure to the left,said curve having a radius of 841.73 feet, a central angle of 12°30'53"and a long chord which bears South 84'18'41"East, 183.49 feet; thence 237.50 feet along the arc of a non-tangent cure to the left,said cure having a radius of 841.73 feet,a central angle of 16°09'58"and a long chord which bears North 81°20'S2" East,236,71 feet to the SE corner of said Lot 1, Block 7, point also being a point on the West boundary line of said Rockbury Subdivision; thence South 00°30'49"West, 720.31 feet along said West boundary line and the southerly extension thereof to a point on the South boundary line of said Section 22; thence along said South boundary line North 89°1T18"West, 1,036.05 feet to the REAL POINT OF BEGINNING. Containing 19.39 acres, more or less. E A ' 7729 96 � . erc. Page 2 of 2 Page 21 Page 185 Item#8. �A L-1 \ N I� N N 25 100 400 0 50 200 80o SCALE: 1" = 200' ROCKBURY 04 SUBDIVISION SO'30'49"W 720.31' o Pt NDs �- - - Qf p GAG 1 � 1 772 Up S0 O U N Z W� 1 �< I Nw 0 w �a o 1330 W! al wV) rn 3 Nm l _ �� f�f N � h/ o I (D I /aon 0000 �v Z 00^ N U Q 2 2 O 2 � r S65'O6'21"E p o 221.65' -� J h A N0'40'46"E p� 227.75' N0'40'53"E 359.40' w nrr 10 N19'12'20"E V 30.i8' Doll co S78'D3'14'E I co L7 104.00. 1 zo `n l y` po cl co L NO'3D'42"E fi44.73' NO'30'42"E z N N � 253.71' - --- N. BLACK CAT RD. Croi�z+c+'9cron Cern t9—i�<a h+iNG u n Crehemen A—r5.d L� aa.r EXHIBIT __ DRAWING FOR JC0 NO. DAHO 19-144 9955 W.ElAFR MST. MODERN CRAFTSMAN SUBDIVISION SHEET NO. SURVEY �20a)841 "°' R-15 ZONING DISTRICT loft GROUP, LLC LOCATED IN THE SW h OF THE SW X OF SECTION 22.TAN.,R.lW.. DWG'DATE B.M.,CITY OF MERIDIAN,ADA COUNTY,IDAHO 11/3/2020 Page 22 Page 186 Item#8. EXHIBIT DESCRIPTION FOR MODERN CRAFTSMAN SUBDIVISION C-C (COMMERCIAL)ZONING DISTRICT A portion of Lots 1 and 2, Block 1 of Puma Subdivision as filed in Book 71 of Plats at Pages 7263 through 7264, records of Ada County, Idaho and a portion of the SW 114 of the SW 114 of Section 22,TAN., R.1 W., B.M., City of Meridian,Ada County, Idaho more particularly described as follows: BEGINNING at the SW corner of said Section 22 from which the S114 corner of said Section 22 bears South 89°1T18"East, 2647.24 feet; thence along the West boundary line of said Section 22 North 00°30'42"East, 644.73 feet; thence leaving said West boundary line South 83°45'26"East, 300.46 feet; thence South 00°40'46"West, 227.75 feet; thence South 19'12'20"West, 30.18 feet; thence South 00°40'53"West, 359.40 feet to a point on the South boundary line of said Section 22; thence along said South boundary line North 89°17'18"West, 287.56 feet to the POINT OF BEGINNING. Containing 4.23 acres, more or less. 0 7729 � 613Iwzo OF 0 s_c Page 23 Page 187 Item#8. S8~�26»C 00.4&' �E 0 NI Ar � I d� 31 �i p of 00 II 1 S19'12'20'W 30.18' (n C / 18427979 s.f. p 4.23 a.c. � h o O N Q I� V ((p O Y Iw U � O 7729 p �I Nj,pj��IlldZU �O �r �I I I W. CHINDEN BLVD. 21 22 (U.S HIGHWAY 20/26) 22 1/4 N89�FT18"W 287.56' 1036.05' 28 27 S89'17'18"E 2647.24' 2/ POB BASIS OF BEARING Na— v�❑ tom ! 19--',H dW ZOnING Moeem IDAHO EXHIBIT __ DRAWING FOR S. IS% SURVEY 9955 W.EME RAID ST. MODERN CRAFTSMAN SUBDIVISION SHEET NO. S0ISE.PIDAHO53]09 C—C ZONING DISTRICT 1 GROUP, LLC LOCATED IN 734E SW OF THE SW OF SECTION 22.T.4N.,RAW., DWG.DATE B.M.,qTY OF MERIDIAN,ADA COUNTY,IDAHO 8/3/2020 Page 24 Page 188 Item#8. B. Revised Short Plat(dated: June September 2020) oo� 10.N V tV -_ y o8d Nnim �SFtr "N �;B� R6m 8a`3't = eE8 a C E w' E Eli 8 I ti]�ww zg DoaS� `So , O no �rogo m'C °ht was; :@$ E8a ow- a n a Y O WO of Q Z _ _ I y _ 2 CL '9d ill'N3 N 3 Q NUSNg6n9 ANn9MOPtl G . + V100 96'i6 - I.� W Z w M.BY,OfAOS i9Y9S M.Bi,OL005 oZd ' w o00 A� j 0 O 3 I I 9 � % AEWd I � w8gg 88886 ----.y N 21 n E 02 u nl(ad a1Lyumn Page 25 Page 189 Item#8. E o = a •L Z�% a rev oh o?�r� dg9 - E� d ., aY � i�' d.,bl •� c�y . � aw ELM '0d 4LL'NO 9 _ bl N0151A10GnS kNn@5oom U ti 96'bB L�' M,9Y OE. Y9Y99 M.BY,00005 NbPhWf'N = w oaf III, 'NJd9135 .Ol Oh.ON- /= J.Z �Lrrm m m e!J \"�Sy33 � , Off+ _ - _��>U LLZ 9'LLZ A.K. EN 3„ZY,O£.00N� w w. 80T9Z 3.Li,OC.WN n 'GN 1V0%]b19'N L 3N alUVIdNO $ - Page 26 Page 190 Item#8. C. Open Space Exhibit(date: ',L'�20 9/29/2020) - r -E uv woau uurrs ,I ®Ir f - a' f I / �- I 1 I. i M F 1 I i J r j xA Jr a ff �z.`1—i f It I � • � 1 • �. e m a d i I � I • „ f [� I . i t ate:: I _ —I, v$, IT Gk 3-1 I a' 1 � `s � �" �� I ��I�I•�� 'I. � .� � n3 L L` � mn S 2 y I I Fs'e:s's':s'scse � Ctl'e 1L ��-xax��-•ate � WM CX ego k, CONCEPTUAL OPEN SPACE EXHIBIT „ .+o I' ,€� Ilex En�neering,Inc. e DETACHED BARON BLACK CAT SUBDIVISION ,,Rm, sK cMi[ncmrrxue 1p.,-cl�oo ~ .,m,.•.��..o.. r BARON PROPERTIES LLC Page 27 Page 191 Item#8. D. 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ON 51 ok 8 > $ ilk 3� � Av o$ III III � � c i III _ �� M3k'�� €� �m qW ❑ny vx�i '�'" \\ fir✓ `� s " -0 Ll Fu w ° a o _ MODERN CRAFTSMAN a r 00 3 AT BLACK CAT a� a, y'"i 5 e Ill.P wa BARON DEVELOPMENT m " CONCEPT LANDSCAPE PLAN E44 s Page 32 Page 196 Item ...... - 4 0 i i` v' III _ z 7. � T 1 C r � W[VAT EIL L� A I ' �— — i z SIP QL rn I x s M 6 Y M1Ac&Ir ra P- NF s � ' B#" fig P � s m� MODERN CRAFTSMAN r 3 mw 3 AT BLACK CAT BARON DEVELOPMENT CONCEPT LANDSCAPE PLAN � a y Page 33 Page 197 Item#8. e oe D g I a [U 1 �q Z , o � Z ° wAr In � � f D a In m In �>aa� Aar; � . I I� ® — Im ■ ■ 0 Z Rl `po K3 ee m MMM c Page 34 Page 198 Item#8. E. Revised Parking Plan(date: 5,11,L2020 8/4/2020) �r° d�I — a LW—WORK DNI G _- 1 F.A u— - _ Lyy — q 9t D JI 7� I� Jam' �r11 F� ifs i C ,—tens •� �-- - — m m 1 r — e _ m _ L21_1y N `1 -j , V � JII I I - Ilkl�- ` _ " f � 1Il _E 1: 1 _ L 1 J ' F -' -------- II - - �F c - R I€ y='&Eai'il in MODERN CRAFTSMAN AT BLACK CAT o` A Ijs IE' ARCHITECTURAL SITE PLAN I : Spa SIIP BLACK CAT&CHINDEN ROADS MERIDIAN,IDAHO ZIP Page 35 Page 199 Item#8. F. Revised Pedestrian Circulation Plan HAI ha � 1 ' 4 - I / "am , ' -: r (l J L-.-Z ? r 1�1,LE-10 - i I � a 5° l c La i r I �� Hi �_ i �� € a P m I � € € € € I a� ms I� o z 0o s_ CONCEPTUAL CIRCULATION MAP,: ° iley En�incering,Inc. cn DETACHLD BARON BLACK CAT SUBDIVISION c�N�exo�nEra�uo,naxu�xalcaoo BARPN PROPERTIES LLC Page 36 Page 200 Item#8. G. Conceptual Building Elevations MODERN CRAFTSMAN N AT BLACK CAT ACK CAT LINE SINGLE SLOPE ROOF FROMT NEW HIP ROOF-FRONT YIEW i■�is..r.. McLSMriouse e tion SINGLE SLOPE ROOF.BALK VIEW Elm ME 1EEDD 1.ATH-UN1LEX FLOOR PLAN ......... HIPROOF.BACKMEW - .. nn.�ircc.e:�anrcncc BACK VIEW v FLOOR PLAN _ MODERN CRAFTSMAN AT BLACK CAT BACK VIEW SIDE VIEW CLUBHOUSE FRONT VIEW Page 37 - Page 201 Item#8. MODERN CRAFTSMAN AT BLACK CAT ;I m__ m- SINGLE SLOPE HOOF FRONT VIEW HIP HOOF FRONT VIEW '®❑.`r`-_i..i S ' II� �L SINGLE SLOPE ROOF-SACK MEW FT zeeo-warn-a FLOORPUN HIP ROOF.BACK VIEW MODERN CRAFTSMAN AT BLACK CAT COLOR PDLETIE 61 Norm LINE LINair-, - � SINGLE SLOPE ROOF FRONT VIEW HIP ROOF FRONT VIEW Elul SINGLE SLOPE ROOF BACK NEW 2 BED-2 8ATH-B IL FLOOR PLAN HIPROOF BACKMEW Page 38 Page 202 Item#8. MODERN CRAFTSMAN AT BLACK CAT aim COLOR PD F p2 SINGLE SLOPE ROOF FRONT VIEW HIP ROI FRONT VIEW SINGLE SLOPE ROOF-BACK VIEW 11PI 2BE0-2 BATH-GARAGE FLOOR PLAN HIP ROOF-BACK VIEW - MODERN CRAFTSMAN AT BLACK CAT . � _ — Elm —. SINGLE SLOPE ROOF-FRONTVIEW ; HIP ROOF FRONT VIEW IF[ N:..�.e.,.E. ME rTrI .s SINGLE SLOPE ROOF-BACK VIEW i - - C �• 3 BED BATH FLOOR PLAN HIPROOF-BACKVIEW Page 39 Page 203 I I' � III • 1(; IIIIIIII —■ a�y � YII CRAFFSMAN AT BLACK CAT LU ENMY FEATURE CRAFTSMAN CRAFTSMANMODEPN AT SI-ACK CAT 7 7- -_ _— 771 1 FGAI.AGI��IORAU MUM FLOOR PLAN Page 4' .i- 1' Item#8. MODERN CRAFTSMAN AT BLACK CAT CALfFi PALETTE i 1 11 ❑❑ - .aE�PALEREwz — — _ FRONT VIEW vt .. ." ■■ i ------------ C0 PALETTE-1 u -❑ E IE ❑ ❑ TOWW.Il .5 PLEx FLOOR PLAN-LEVEL 1 MODERN CRAFTSMAN AT BLACK CAT M—PALME» — �aL�PALERE.z .., a.. .... BACK VIEW �.. _., �.. ■ ;.rm�.-...i p Luji .. � (�_ �� .� �❑ �. � COLLfi PALEfiE 3 -- �. ❑ [ ❑ LiLE ]t7 1owNKouses-srLEx FLOOR PLAN LEVEL 2 Page 41 - Page 205 Item#8. MODERN CRAFTSMAN AT BLACK CAT ...^,LOi PALETTE=I _ =T I ,.. ,. ,.. FRONT VIEW .. � ■� -=irtm, -----------f ----------- ■ i T G^LO'PALfTffb mm'r E:1W -=�-L M _2 n TOWNHOUSES-6PLEX o FLOORPLAN.LEVEL MODERN CRAFTSMAN AT BLACK CAT G^ -PALME-1 ME BACK VIEWTF7 - m, &F 17 L �G u � �t OL�4FnLE E Y - - m I� .� ��- Wes' ME TOWNHOUSES-6PLEX FLOORPLAN-LEVEL2 Page 42 - Page 206 Item#8. MODERN CRAFTSMAN AT BLACK CAT G^LC3 PALETfEN LIM ME C.—;-ME�1 FRONT VIEW I - vim: ..�, �.. r. caLo-vaLSTrea ----F� m, LI u_ H - n ll .. w Z` I� -� � -•- —�.'.11 TOWNHOUSES-6 FLEX o FLOOR PLAN-LEVELI MODERN CRAFTSMAN AT BLACK CAT G�LC'PhLfTff al BE EACH VIEW >.. _ �, ._ ❑❑ -- - T - WC In Ll . r TOWNHOUSES-6 FLEX FLOOR PLAN-LEVEL 4 Page 43 Page 207 Item#8. H. Vertically Integrated Building Rendering QP�p�,o - Q� f Y Z Q�� z�m �4 C - LL(D W H 2F FRONT ISO VIEY) U Z Q U W U pp[if E 0 "j PE LEVELI-FLOOR PLAN-PRELIMINARY-GROSS AREA LEVEL 4v=6,138 SF Ip,Q,Q E eP�'2N�QJL Q J V r 4U4 W� J�0 Z Wp m Q Q REAR ISO VIEW LL(D K W �Z� Z V 0 0 o 0 'I,LEVEL 2-FLOOR PLAN-PRELIMINARY-FROSS AREA LEVEL 2=5,242 SF AD Page 44 Page 208 Item#8. I. Corner Commercial Rendering—2-story ConceiMM G Q U 1- U 0 Z m H Fn ~ W J Q U 5 O m 2E c) Q CO >-U L W co w d O - - - s - PERSPECTIVE VIEWS Page 45 Page 209 Item#8. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The subject property shall no longer be subject to the terms of the existing Development Agreements(DA) (Inst. Ws: 106151218; 107025555; 107141993; 110059432; and 2014- 065517)upon the property owner(s)entering into a new agreement. The new DA shall be signed by the property owner(s) and returned to the Planning Division within six(6)months of the City Council granting subject modification. The new DA shall incorporate the following provisions: a. Future development of this site shall be generally consistent with the submitted plat, site plan, landscape plan, open space exhibit, and conceptual building elevations for included in Section VII and the provisions contained herein. b. The 10-foot multi-use pathway along Chinden Boulevard shall be constructed with Phase 1 of the development.. and should be placed at least four(4) feet from the edge of the common lot abutting the common lot reserved for ITD. c. Direct lot access to W. Chinden Boulevard(SH 20/26) shall be prohibited. d. The existing accesses onto Chinden Boulevard and N.Black Cat Road shall be closed upon development of the subject site. e. Additional right-of-way shall be reserved for dedication to Idaho Transportation District for the future widening of Chinden Boulevard, as shown on the plat as Lot 1,Block 1. fi The only approved aeeess to N. Blaek Cat Read is the neAhemmest aeeess shevffi en the proposed CUP Plan as W. Wa-vet4ea Lane,unless City Couneil approves the seeend aeeesrnnaeeer-d with UPC 11 3A-3. g. The required landscape street buffers shall be constructed and vegetated along the entire perimeter(along N. Black Cat and Chinden Boulevard)with the first phase of development. h. The Applicant shall vegetate the common lot(Lot 1,Block 1),reserved for future dedication to Idaho Transportation Department ITD),with grass and not gravel until such time that this lot is dedicated to ITD. i. The proposed commercial building located near the intersection of N. Black Cat Road and W. Chinden Boulevard(SH 20/26) shall be constructed as a two- story structure as depicted in the submitted concept renderings(see exhibit VIII and as noted on the revised CUP Site Plan. j. The Vertically Integrated Residential Project area of the site shall adhere to the specific use standards as outlined in UDC 11-4-3-41. k. The required land use buffer between the C-C zoning-district and the R-15 zoning district is hereby waived as approved by City Council;the minimum distance between buildings and across zoning districts is ten(10) feet per the multi-familyspecific use standards(UDC 11-4-3-271. 2. The short plat included in Section VII.B,dated June 2020, shall be revised as follows prior to the City Council hearing: a eemmen let(s)per-UPC 3B-7C.2. Page 46 Page 210 Item#8. with-vDG 11 33F 3B.3. c. Stamped and signed by the licensed land surveyor. 3. The landscape plan included in Section VII.D, dated 06/18/2020, shall be revised as follows prior to submittal of the Certificate of Zoning Compliance application: a. The La-adseape Galetilations/Re"ifements table shall ineWde the fellewing� 1)the total linear-fM of-pathways and the required t+umber-of tFees per-UPC 11 3B 12);the total "^�"e feeiage of eewA:non open s. arm rcgiiir�i ffumber-of tFeesper-UPC 1 1 3v-3E. b. Revise the!a-adseape plans to show the r-eqttir-ed medula4ion in the r-e"ir-ed nei a4tenivatien wall along W. Chinden Blvd. in aeeer-d with UDG 11 314 4 D. c. , Blvd. Lek Ga4 Read in-aeee with rT�rUDG 11 3B-7C d. Revise the!a-adseape plans to add a 5 feet wide la*dseape buffer-aleng the net4he path of tT-affie on the private stfeet. The buff-er shall be landseaped in aeeer-d with UDG 11�C- e. Revise the landscape plans to show trash receptacles and bags for waste disposal throughout the proposed dog park area. 'ecrccrrf4es--cixiscn.to the site ptuir and-p-cccr. g. Show the common lot dedicated for future ITD right-of-way(Lot 1,Block 1)to be landscaped with grass and not gravel. 4. The residential elevations included in Section VII.G, , shall be revised a flows at least 10 days prior-to the City r ouneil heafing are approved as submitted. a. Add additienal area of a seeeadar-y field ma4ei4a!for-the proposed townheme tm help break tip the lafge ametffit of stueee as a field material. b. Create at least two (2)fner-e design palet4es for-the proposed townheme tmits te ineltide at the least diff rorA,.aler-palet4es a-a field ma4er-ial, .,,b;a., iens ,.l 5. The Open Spaee Exhibit ealeulal4ens table shall be eeFFeeted to r-efleet the eeFfeet ametM4 of eemmen epe p ee equ. ed-per-the speeifi^use standards ;„ T�11-4-3-27. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table I I-2A-6,UDC Table I I-2B-3, and those listed in the specific use standards for multi-family development,UDC 11-4-3-27. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for multi-family dwellings based on the number of bedrooms per unit. 8. With the CZC submittal,the Applicant shall correct the applicable plans to show additional colored or stamped concrete (or similar)of the main pedestrian sidewalk that traverses through the center of development to further delineate the pedestrian pathways. Page 47 Page 211 Item#8. 9. The Applicant shall work with the City Arborist on an appropriate alternative to their proposed"Ash"tree selection and obtain approval from the City Arborist prior to Final Plat approval. 10. The Applicant shall comply with all ACHD conditions of approval. 11. The Applicant shall obtain Administrative Design Review approval for the future commercial buildings with the submittal of the Certificate of Zoning Compliance for the entire site. The architecture of the commercial buildings shall complement that of the residential portion of the project. 12. The Applicant shall obtain Certificate of Zoning Compliance approval for the entire subject site prior to applying for any building permit. 13. Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A- 12. 14. 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. 15. 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. 17. The applicant and/or assigns shall comply with the private street standards as set forth in UDC 11-3F-3 and 11-317-4. 18. The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1) commence the use, satisfy the requirements, acquire building permits and commence construction within two years as set forth in UDC 11-5B-6F.1; or 2) obtain approval of a time extension as set forth in UDC 11-5B-6F.4. 19. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit a public access easement for the multi-use pathway(s) along Chinden Boulevard to the Planning Division for approval by City Council and subsequent recordation. 20. Business hours of operation within the C-C zoning district shall be limited from 6 am to 11 pm as set forth in UDC 11-2B-3A.4. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Design and number of units clustered together is of particular concern—staff is unclear as to how all units will be serviced.A utility layout depicting how all of the units will be serviced while still meeting design requirements shall be required. 1.2 Sanitary sewer mainlines are not allowed within common drives, only sewer services (reminder that a maximum of three services are allowed into a manhole,with a minimum 30- degrees of angle separation). 1.3 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. 1.4 Water service to this site is being proposed via extension of water mains under the jurisdiction of SUEZ North America. Page 48 Page 212 Item#8. 1.5 Though the City of Meridian will not own or maintain the water system in this development, final fire hydrant location shall be coordinated with and receive approval from the Meridian Public Works Department and Meridian Fire Department prior to construction plan approval. 1.6 Structures of 3600 square feet and larger including the garage, shall comply with the fire flow, and hydrant requirements of appendix b and c of the 2015 International Fire Code. 1.7 Prior to construction plan approval,the applicant shall submit documentation from SUEZ North America indicating that they have approved the water plans. 1.8 Prior to scheduling of a pre-construction meeting,the applicant shall submit documentation from SUEZ North America that all of their requirements have been met to be able to go to construction. 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 I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 49 Page 213 Item#8. 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 , sa-aitafy sewer-and watef system shall be approved an aetiva4ed,read base approved by the Ada Cetmty Highway Dist6et a-ad the Final Plat fe this subdivision shall be fveer-ded,r 2.10 Prior to applying for building permits,the following minimum items shall be completed: street signs are to be in place,the installation of sanitary sewer and water systems (with the water system being fully activated),a compacted road base capable of supporting an 80,000 lb. fire truck shall be approved by design engineer,with written confirmation of such approval submitted to the Meridian Building Department. 2.11 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. 2.12 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. 2.13 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. 2.14 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. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.18 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. 2.19 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. 2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.21 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 Page 50 Page 214 Item#8. received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.22 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. 2.23 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 https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=184359&dbid=0&r0o=MeridianC iv D. POLICE DEPARTMENT https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=184598&dbid=0&r0o=MeridianC iv E. PARK'S DEPARTMENT https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=185184&dbid=0&r0o=MeridianC iv F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancily.org/WebLink/Doc View.aVx?id=184930&dbid=0&r0o=MeridianC iv G. BOISE PROJECT BOARD OF CONTROL https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=184482&dbid=0&r0o=MeridianC Page 51 Page 215 Item#8. H. NAMPA&MERIDIAN IRRIGATION DISTRICT https://weblink.meridianciU.org/WebLink/DocView.aspx?id=184914&dbid=0&r0o=MeridianC iv I. CENTRAL DISTRICT HEALTH DEPARTMENT https:11weblink.meridianciU.orglWebLink/Doc View.aspx?id=184498&dbid=0&r0o=MeridianC iu J. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancily.org/WebLink/DocView.aspx?id=184482&dbid=0&r0o=MeridianC iv K. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=190915&dbid=0&r0o=MeridianC iv IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the proposed zoning map amendment to adjust the areas of the existing R-15 and C-C zoning districts and subsequent development is consistent with the Comprehensive Plan, if all conditions of approval are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment and request for the development of multi- family residential will contribute to the range of housing opportunities available within the City. Council finds the proposed addition of commercial within the development is generally consistent with the purpose statement of the commercial district and future land use designation of Mixed Use Community. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Page 52 Page 216 Item#8. The subject property is already annexed; therefore Council finds that this finding is not applicable. B. Short 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; Council 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; Council 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, Council 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; Council 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, Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis but has not provided comments at this time. 6. The development preserves significant natural,scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. C. Conditional Use Permit Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the submitted conditional use plat appears to meet all dimensional and development regulations in the R-15 zoning district in which it resides. Page 53 Page 217 Item#8. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Council finds the proposed use of multi family residential and commercial are harmonious with the comprehensive plan designation of Mixed-Use Community and the requirements of this title. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Despite the proposed use being different than the residential uses closest to the subject site, Council finds the design, construction, and proposed operation and maintenance will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Council finds the proposed use, if it complies with all conditions of approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water,and sewer. Council finds the proposed use will be served adequately by essential public facilities and services as all services are readily available and nearby streets are currently being widened to accommodate additional traffic flow. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. All public facilities and services are readily available for the subject site so Council finds that the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 7. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. Although traffic will likely increase in the vicinity with the proposed use, all major roadways adjacent to the site are planned for improvements in the near future. Therefore, Council finds the proposed use will not be detrimental to any persons,property, or the general welfare. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord.05-1170,8-30- 2005, eff.9-15-2005) Page 54 Page 218 Item#8. Council is not aware of any such features; the proposed use should not result in damage of any such features. D. Private Street Findings: In order to approve the application,the director shall find the following: 1. The design of the private street meets the requirements of this article; The Director finds that the proposed private street design meets the requirements. 2. Granting approval of the private street would not cause damage,hazard,or nuisance,or other detriment to persons,property,or uses in the vicinity; and The Director finds that the proposed private streets would not cause damage, hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity if all conditions of approval are met. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan.(Ord. 05-1170,8-30-2005,eff.9-15-2005) The Director finds the use and location of the private streets do not conflict with the comprehensive plan or the regional transportation plan because the proposed design meets all requirements. 4. The proposed residential development(if applicable)is a mew or gated development. (Ord. 10-1463, 11-3-2010,eff. 11-8-2010) NA Page 55 Page 219 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Pearson Subdivision (H-2020- 0075) by Melanie Pearson, Located at 175 W. Paint Horse Ln. Page 220 Item#9. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N:- , AND DECISION&ORDER In the Matter of the Request for combined preliminary and final plat consisting of 2 building lots and 2 common lots on 3.98 acres of land in the R-4 zoning district and Development Agreement Modification to allow the development of the property with one additional residential lot and specify the requirements for the connection of city services to existing and future residential structures for Pearson Subdivision,by Melanie Pearson. Case No(s).H-2020-0075 For the City Council Hearing Date of: October 13, 2020(Findings on October 27,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 13, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 13,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 13, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 13,2020, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PEARSON SUBDIVISION—FILE#H-2020-0075) - 1 - Page 221 Item#9. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 13,2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for combined Preliminary/Final Plat and Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 13,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC I I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PEARSON SUBDIVISION—FILE#H-2020-0075) -2- Page 222 Item#9. use not to exceed one(1)two (2)year period.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 13,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PEARSON SUBDIVISION—FILE#H-2020-0075) -3- Page 223 Item#9. October By action of the City Council at its regular meeting held on the 27th day of , 2020. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 10-27-2020 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PEARSON SUBDIVISION—FILE#H-2020-0075) -4- Page 224 Item#9. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/13/2020 Legend DATE: Project Location ; TO: Mayor&City Council ; s , FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2020-0075 E , � Pearson Subdivision LOCATION: The site is located at 175 W.Paint Horse Lane,on the west side of S.Meridian Road approximately 1/4 mile south of Lake Hazel Road, in the SE 1/4 of the NE '/4 of Section 01, Township 2N.,Range - 1W. L PROJECT DESCRIPTION Request for a combined preliminary and final plat consisting of 2 building lots on 3.98 acres of land in the R-4 zoning district and a Development Agreement Modification,by Melanie Pearson. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage _ 3.98(R-4 zoning district) Future Land Use Designation Mixed Use Regional Existing Land Use(s) Residential(one single-family home) Proposed Land Use(s) Detached Single-family Residential Lots(#and type;bldg./common) 2 total lots—2 single-family residential(one new lot) Phasing Plan(#of phases) Proposed as one phase Number of Residential Units(type 2 units—detached single-family homes of units) Density(gross&net) Gross—0.5 du/ac. Open Space(acres,total N/A—Project size is below the 5 acre minimum. [%]/buffer/qualified) Physical Features(waterways, Rawson Canal—runs along eastern property boundary hazards,flood plain,hillside) adjacent to Meridian Road(area of minimal flood hazard). Neighborhood meeting date;#of August 5,2020—no attendees. attendees: Distance to nearest City Park(+ 1.6 miles to Discovery Park(76.8 acres in size,roughly 30 size) acres of this park has been developed at this time) Page 1 Page 225 Item#9. Exhibit A Description Details Page History(previous approvals) H-2015-0019(South Meridian Annexation);DA Inst. #2016-007442 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Letter received from ACHD • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access is proposed via existing W.Paint Horse Lane,a Hwy/Local)(Existing and Proposed) private drive.No access is proposed to S.Meridian Road other than via existing access of Paint Horse Lane. Stub Street/Interconnectivity/Cross Other properties use existing W.Paint Horse Lane;no need Access for stub street access at this time. Existing Road Network Yes;private lane is existing and no new road dedication is proposed or required. Existing Arterial Sidewalks/ The subject property has a small area of arterial street Buffers frontage along S.Meridian Road.There are currently no improvements along this frontage.There is an existing berm and buffer. Proposed Road Improvements Applicant is not proposing nor required to improve any right-of-way along S.Meridian Road or Paint Horse Lane at this time. Fire Service No Comments—required turnaround is shown on property. Police Service No Comments West Ada School District No comments were received for this project. Wastewater • Distance to Sewer Services N/A • Sewer Shed MMML� South Black Cat Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.96 • Project Consistent with WW NO—Subdivision will be on septic until utilities are Master Plan/Facility Plan available in the area. • Additional Comments •Flow has been committed •Both units for this subdivision will be on septic. •No proposed changes to Public Sewer Infrastructure within Record.Any changes or modifications,to the Public Sewer Infrastructure,shall be reviewed and approved by Public Works. Water • Distance to Water Services N/A • Pressure Zone 5 • Estimated Project Water See application ERU's • Water Quality Concerns N/A Page 2 Page 226 Item#9. Exhibit A Description Details Page • Project Consistent with Water NO—no utilities are proposed with this subdivision as Master Plan they are not available at this time. • Impacts/Concerns There are no City utilities located in the area. The City Engineer will need to review and grant the utility variance request to not hook up to City water. C. Project Area Maps Future Land Use Map Aerial Map Legend Low Ride De Legend Resift Project Location • � Project Location High-Density Residential Med-High— MUI-RG Density Residential Medium Density Residential u .Zoning Map .Planned Development Map Legend 0 Legend Project Location aProject Location ------- R-4 ' y City Limits RUT R-15C-G Planned Parcels R-6 RUT I R4 ' R-4 - I ' RUT 'I 1 RR --- 1 � 1 � 1 , 1 J � � I I RUTC=2 q -------��---- II R-4 ; C°2 -- 1 1 RUT Page 3 Page 227 Item#9. Exhibit A III. APPLICANT INFORMATION A. Applicant: Melanie Pearson— 1717 N. 7t1i Street,Boise,ID 83702 B. Owner: Mary Taysom— 175 W. Paint Horse Lane,Meridian,ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 7/17/2020 9/25/2020 Radius notification mailed to properties within 300 feet 7/14/2020 9/23/2020 Site Posting 7/25/2020 9/23/2020 Nextdoor posting 7/14/2020 9/23/2020 V. STAFF ANALYSIS To be concise,the subject application is proposing to subdivide one 4 acre lot into two lots for the purposes of allowing the current owner of the parcel to deed the new lot over to her daughter so that her and her family are close-by,this includes helping her daughter with her newborn child. The subject property was annexed in 2015 as part of a larger annexation known as South Meridian Annexation(H-2015-0019).There is an existing Development Agreement(DA) associated with the original annexation and property and this application constitutes development under City code.In reviewing the existing DA,the Applicant needs to apply for a Development Agreement Modification prior to the City Council hearing for this combined preliminary/final plat.Per the existing DA,the first modification is at no cost to the Applicant. The Applicant has submitted a concurrent DA Modification since being heard at the Planning and Zoning Commission; the new DA provisions are provided below in Section VIII.A1. The subject property has also received City Engineer and Public Works Director approval for a utilities waiver to not connect to City services at this time due to services being more than a half mile away. Staff finds that making a singular property owner pay for extending City services for a two lot subdivision is neither fair nor necessary. Central District Health(CDH) has also approved of an additional temporary well site and septic system—this fact further diminishes any concern Staff has with the Applicant's application regarding water and sewer services. Please see further Staff analysis below. A. Future Land Use Map Designation(https:llwww.meridiancitE.or /�comQplan) Mixed Use Regional—The purpose of this designation is to provide a mix of employment,retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate Page 4 Page 228 Item#9. Exhibit A supporting uses. For example, an employment center should have supporting retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The subject site is part of a large area in south Meridian with this future land use designation. However, much of these sites are already zoned R-4, medium-low density residential. This zoning does not allow or offer the Applicant the opportunity to develop the site in accordance with the future land use designation. Because this site is relatively small in comparison to most mixed use properties, Staff finds that the mixed use requirements and policies cannot be obtained at this time. These policies should not be aimed for at this time due to the fact that no other nearby properties offer any mix of uses and have not been redeveloped since their annexation in 201 S—Staffs review shows all of the nearby properties to still be low-density residential homes. There is always the chance that in the future much of this area in south Meridian will redevelop with larger parcels of land.At that time, it will be up to the property owners to determine if redevelopment is applicable. 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 main purpose of the proposed development is to create a new lot for the Applicant to build a home nearby her mother, the existing property owner. All of the surrounding homes lay on large undeveloped lots even though they are annexed into the City. This subdivision will not change the existing character of the surrounding development and will add an additional single-family home for the City of Meridian. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks" (3.02.01 G). Staff finds that the existing and known development of the immediate area create conditions that do not allow for this property owner to connect to City water and sewer services as required by code. Public Works, Meridian Police Department and Meridian Fire have no objections to this small subdivision. No other services should be affected as the existing access is to remain. "Preserve,protect,and provide open space for recreation, conservation,and aesthetics" (4.05.01F).Due to the size of the subject property being less than 5 acres, there are no open space requirements. However, this application is only a two-lot subdivision where a majority of each parcel will be undeveloped and remain natural space for each property owner to enjoy. Although the proposed development does not align entirely with the current vision of the Comprehensive Plan, the predominate FL UM designation in the area is MU-R.Staff is of the opinion that it may be quite some time before City utilities are available to this area of Meridian and therefore supports the development of this property as it is consistent with the current R-4 zoning of the property.A mix of uses should occur in the vicinity with the redevelopment of the adjacent property to the north and east. For these reasons,staff believes the proposed development is generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: The subject site currently holds a single family home on the entire 4 acre parcel owned by the mother of the Applicant. This property, along with nearby properties,was annexed in 2015 but were not required to connect to City services at that time due to services not being available. This situation has not changed and because this subdivision is only for the purposes of creating one additional lot, Staff does not find it appropriate to require this owner to provide public utilities to their property at this time.However,when services do Page 5 Page 229 Item#9. Exhibit A become available in S. Meridian Road,the Applicant will be required to connect to them as conditioned in this application and the existing Development Agreement. D. Proposed Use Analysis: The proposed use is single-family residential; single-family detached dwellings are listed as principally permitted uses in the R-4 zoning district per UDC Table 11-2A-2. The average lot size is 2 acres with the largest lot being 2.6 acres in size. The proposed use complies with all UDC requirements for the R-4 zoning district. E. Dimensional Standards(UDC 11-2): The submitted Preliminary Plat and Final Plat show lots that are 1.36 and 2.62 acres in size. These proposed lot sizes are vastly larger than the minimum lot size requirement of 8,000 square feet for the R-4 zoning district. The existing R-4 zoning district also requires a minimum dwelling size of 1,400 square feet with the first floor gross area being at least 800 square feet. The proposed plat meets the UDC dimensional standards for the R-4 zoning district. In addition, any future home built on the new parcel will be required to meet the minimum dwelling size requirements as outlined in UDC Table 11-2A-5. F. Access(UDC 11-3A-3, 11-3H-4): Access to this development is proposed via an existing private lane,W. Paint Horse Lane. ACHD is not requiring any public road dedication due to the access not being changed—the subject application does not warrant a public road or road improvements at this time according to ACHD. In accord with the existing access,UDC 11-3H-4 requires that if an existing state highway access has an increase in intensity that it is to be removed upon development or dedicated to ACHD and be constructed as noted on the Master Street Map(MSM). Paint Horse Lane is shown as a future collector roadway on the MSM but the addition of one single-family home does not warrant the construction of a collector roadway at this time. With the DA Modification the Applicant needs to apply for prior to City Council,new DA provisions will address this and ensure any future development meets the required development standards. As noted above, the subject application is proposing to subdivide one 4 acre lot into two lots and is proposing to use the existing access; there is no proposal to add an additional access to the state highway. Staff and ACHD find that the existing private access is sufficient for one additional single family home. Because other abutting properties are not redeveloping at this time there is no feasible way for the Applicant and owner to comply with those requirements in 11-3H-4. In addition, adding one home does not warrant sufficient traffic to construct a collector roadway as shown on the MSM. However, Staff understands that should any more intensive redevelopment occur on site or surrounding the property, the access will be evaluated for compliance with these requirements. Staff is recommending DA provisions be added with the DA Modification application that requires a future collector street consistent with the MSM if/when this or adjacent properties redevelop with more intense uses consistent with the MU-R land use designation. G. Pathways (UDC 11-3A-8): Per UDC 11-3H-4C.4,the Applicant is required to construct a ten(10) foot multi-use pathway along the frontage that abuts S. Meridian Road(SH 69). The Applicant is not proposing a multi- use pathway along Meridian Road at this time. The Parks Department has reviewed this application for the applicability of the required multi- use pathway along Meridian Road. Per the comments received by Parks (see Section VIII.Q, the Applicant is not required to construct this section of the multi-use pathway along Meridian Road. Page 6 Page 230 Item#9. Exhibit A The closest pathway that is currently under construction is adjacent to Prevail Subdivision and is located approximately 3/a of a mile north of this and is on the opposite of Meridian Road. Because of this, this short segment of pathway would be constructed and then lead to nowhere for the foreseeable future. Therefore, Staff is recommending that the Applicant grant a multi-use pathway easement within the required street buffer prior to final plat signature. This future pathway is the only required pedestrian infrastructure at this time due to Paint Horse Lane being a private lane that will likely be removed or redeveloped when other, larger nearby properties redevelop in the future. H. Sidewalks(UDC 11-3A-17): No sidewalks are proposed with this development. See pathway analysis above for further clarification. As noted above, the Applicant will be using an existing private easement for access and therefore no streets are being constructed with this application. Sidewalks will be required in the future with the extension of the collector street as this area redevelops. I. Landscaping(UDC 11-3B): A 35-foot wide street buffer is required adjacent to S.Meridian Road, a state highway and entryway corridor, landscaped per the standards listed in UDC 11-3B-7C. The landscape plan depicts a 25 foot wide landscape buffer instead of the required 35 feet. The correct amount of landscaping and a berm/fence combination at least 10'above the height of Meridian Road centerline height in accord with UDC 11-3H-4D is shown on the submitted landscape plans (see Exhibit VII.D). Staff is recommending a condition of approval to correct the width of the required landscape buffer along the state highway—the buffer width shall begin its measurement into the site at the edge of the ultimate right-of-way for Meridian Road/SH 69. In accord with UDC 11-3B-7C,the required street buffer is to be placed in a common lot and owned and maintained by a homeowner's association. The nature of this two lot subdivision will not create a homeowner's association and therefore that requirement cannot be applied in this case.In addition, the submitted plat and landscape plans do not show the street buffer to Meridian Road in a common lot. Staff is recommending a condition of approval to amend the plat prior to City Council to show this lot in a common lot to be owned and maintained by the Applicant, Melanie Pearson. Parallel to Meridian Road, the Rawson canal runs through the eastern edge of the subject site. The required buffer landscaping is shown to be outside of the easement for the Rawson Canal meeting the Boise Project Board of Control(BPBC) requirements. In addition, the Meridian Lateral abuts the property along its southern boundary but is not on the subject site. The Applicant is not proposing any landscaping within its easement per the requirements of BPBC. J. Fencing(UDC 11-3A-61 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. The existing fencing along the boundary of the subject site is shown on the landscape plans. This fence appears to be open vision fencing and is proposed to be protected in place. In addition,the Applicant is proposing a 6-foot tall vinyl privacy fence along the top of the proposed landscape berm. The existing and proposed fencing appear to meet those standards listed in UDC 11-3A-7. K. Waterways(UDC 11-3A-6): The Rawson Canal runs along the eastern boundary of the subject site and appears to already be tiled. The Applicant has not proposed any improvements within its easement other than shrubs and grass as allowed by BPBC. Page 7 Page 231 Item#9. Exhibit A VI. DECISION A. Staff: Staff recommends approval of the requested combined preliminary and final plat application per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard this item on August 20, 2020.At the public hearing,the Commission moved to recommend approval of the subject combined Preliminary and Final Plat request. 1. Summary of Commission public hearing_ a. In favor: Melanie Pearson,Applicant b. In opposition:None c. Commenting: Melanie Pearson d. Written testimony: None e. Staff presenting application: Joseph Dodson f. Other Staff commenting on application:None 2. Key issue(s) testimony a. None 3. Key issue(s)of discussion by Commission. a. What is the timeline for services being available to the site, b. Ensuring. t�pplicant is aware of the potential future costs associated with develop the site. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C The Meridian City Council heard these items on October 13,2020. At the public hearing,the _ Council moved to approve the subject combined Preliminary/Final Plat and Development Agreement Modification requests. 1. Summary of the City Council public hearing: a. In favor: Melanie Pearson.Applicant b. In opposition: None c. Commenting.None d. Written testimony.None e. Staff presenting application: Joseph Dodson f Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None Page 8 Page 232 Item#9. Exhibit A VII. EXHIBITS A. Preliminary Plat(dated: April 30,2020) S �� g M� i Y. IAid ilm N�zvZO Z N lye I t+ �e I�r �i II J ---' �•- � ai'�C 5 5 4' 3 R �� 1 $k ��E 6 3 S z a a. C a ink '� 'aH irnm Page 9 Page 233 Item#9. Exhibit A B. Final Plat(dated: April 30 2020 October 2020) r I— � o �8 _ coop noa""'a• ' oa f$9 °c VAPId= S0°52'56^W y _- +n5M Sa.40� ji A gi n ma�z° a� monv� -" Io I A - =o �o d ,�>� II • I �g� - v o 11 .�-,m cEmTozp gympm_ S � � Oqti O m"oF vm �F __mop A z, n Py`^gr; 110 I�s eno cc-,, z / g !' � HC/t� , � x O po �ss`.. O A Z O I A �Spna Oz p0 n A n��41 ��'?�'t II ' �]yyD m pzm�?y � ON o mp 'a n0 Prmn�r 'w J14 ' j � �CDx`i 1 �_ mops➢ � a� �_ � - $y�� ,, Ii I�I � o <T� 1 m oSwOD o e� -3 Am mz g AS o� F ��Z� �o -rY p � tea' O pc p � 0 om ej° 4 m py Ob 1 I� I �mo 10 NO'Iti6��56"E-? 79' ��—_�s1p94i mtd n m --_-_ TEN Rlw 1320— 'zA°t-' „•�v [2N 8LE �� - so°aros.00••w-264195a_.._.._i______._�`.-_. _____ z n O BASIS OF BEARING Do s S MERIDIAN ROAD STATE HIGHWAY 69 VMH N Azm�A 7tlP pa�O E] mzYi I mm�pp5 m E�M Z ''tlm� �.Ti I A�O�tinA ��s��m L'+7 Soo m m � ` m O a o y o m ot+7 °B Q o �ogv� z r i m c i c c� °n° ��9y0 �5 m 1�G r� S m o 2 i b0 A3 R� O Z v p N �^ ct7 z '�cm m p a m $ z 8 m Wy oo�'KU Z i � ma ;2 � A 2 A��no'iH o � _ a Page 10 Page 234 Item#9. Exhibit A PEARSON SUBDIVISION CERTIFICATE OF OWNERS 2020 CERTIFICATE OF COUNTY RECORDER: RNCWJ ALL MEN by I HESE NHESEN I I IFINSTRUMENT FAIIILEDAND THAT IT ISHS1 TOIN0.UDESAID STATE OF IDAHO�55 PROPSRTV Iry THls sueDlulsloN aar. CERTIFICATE OF SURVEYOR: cGUNn'GEaDA) f�PNiCEL OF LAND LYING IN THE SIXITHEM1ST QUARTER GF THE NOItHE�ST QUATTER OF SECTIO =N 1 TOVJIJSHIP 2 NORTH IRA— NEST BTISE MERIDIAN,ACA CTUNTT'.IDAI10 MIXiE _ MY C.iAVS FART ICULARLY DESCRIBED AS FOLLdNE. OLS OF v ANC wAs[w-Y REcoRUED CIUME—NDATTHEONEQUARTER CORNER 2MMONTO SECT.ON I T]NR'.YV AND ILWFOyJLEKiAI M1OI Itic NF IICI a HIHLbIAIEaF INETFRIOIMFI.TNUNBFR FiAiH Ai PADEB THROJOH = e•'E lane LS OF RFARING EAST urvE 5ECTION')ALZITHE EAST PU.�Pl IASG E _ � 151_R S. = aP DISTANCE IF fix as FEET Ta THE wEsr�RLY Rlrrvr nF•rvAr I.INE.I1G'.NAMER 11N`OADw o-P..TVRCORDER Er-.,FNCIa REceRDER GATE HIGHWAY 65(AND THE RE PoINIT 0=BEGI%n I\;, JOHNW SHARP PL_0�.5 l�rC OS F a PEC THENCE ALgJGALgJGTHENCRTHLINECETHENO1I L4T0CARTER,48 41•'N'ADISTANCE �y/y y( sVp of sae ar FEET CERTIFICATE OF COUNTY TREASURER L III IF 11-1H APPROVAL O I F CM OF MERIDIAN V oI SAVE eEaEu anio IN cua.THls E FDLLawlv�couR PLANNING AND ZONING COMMISSION IFFT FI. ON IEVAIE PER THE NEXT Hlar�lICIIOAvs OLv. THENCE923"19U8"EA DISTANOCOF I O],•_EET'. AND AF>'ROUFn THIS - 202n S✓THE CITY NGESY]'aS'45'I 10111 ANCEOFS6.9J FEET CF DER.DIAN PLANNI NG AND ZONING CD DESIGN OF IDAHO. RNI-ERTU3E9A DE9IGNMEDHEREFN,ANDn0PERAIANEMBTRUR JRE9n E-OBEERECTED ANY I97IIr C,r AADEASEI,1F S EAcu LOTls-ODESERVEDav AU INDIVIDUALw LL. APPROVAL OF SOUTUnST DISTRICT HEALTH CERTIFICATE OF COUNTY SURVEYOR REODIREDEV D - vE H�T - nmL`N7Y lT. "ATL THE DAIF APPROVAL OF MERIDIAN CITY ENGINEER ACKNOWLEDGMENT OITv ENG VEER DATE c=unTV DF ADA }s= APPROVAL OF MERIDIAN CITY T7ATIfE WITH IN I NIRUM ENT.An D 1CRNDIM1LEDGED TO METHATHE E%ECUE'J THE HERE e.CERTIFY IF THIS PUT r.As axFPTEOANTIE DAFPnv11 �Eo coNT Preparad by r.prARV Puau_Fca IDAFO �rP R SUIM,InC• Engineers & Surveyors MY COMMISSION EXPIRES. sea N_—El BOIne,m.a M FRIDIANGRY."N DATF Dete.DCTOBFR 0'l,2D2D Jab No.2018 Ardor Ar.,Jim Page 11 Page 235 Exhibit A C. Landscape Plans(dated: 6/16/2020 9/21/2020) 2VTJ AUVNIVJRJUd NVId 3dVOS(INV-1 31, 9C9 OHVCII 'NVIC]18�1VI 'N_1 JSUOH iNIVd 'M NOISIAIcenS NOSHV]d 11 IIH—1 z y cn q A14, 'I LLI u LU 101,gy Re NMI L-U F 0- 0 34 Co EE \E 01 M '$� k tl 4 u I IM Oh uj" N �d z Lj R, q 0 WOO H 411�1 X� C-)6888 G (Bee@@ N� � ' - RHI v uj u Cc' at LA z <0 5'q U, w w oLLI C� IN T2 A 1 4 ow,i 4 V 0 Z. Ib �NW '14N I LLJ LL E) z Page 12 EilExhibit A Wd AuvmRn3Hd MiviK 3dVOSCINVI C LO Zt,968 0HVC1 'NV1G1d]h M 3MOH iNNd 'M NOISIMMS NOSUV3c] z U 'T I L N Elul! N R lHa"I 1w 'T' 6 zz Olin! 1 fly If- AM> A A Ogg q too ZE MI '40WE Wo'�P ili 0 H! 92 Mill 1 WIN m 1 1 UP 10 MINE 415 .Pg-di' M a I �"ifl� jap N p Himm, O H, 14 PI1NI HMN I still lHomm q CA dd dlt ILI Page 13 EEI Item#9. Exhibit A D. Utilities Waiver Letter—City Engineer approval to delay utility hook-up (dated: July 30,2020) Mayor Robert E,Simison ETD AN � City Council Members: 1 1 1 Treg Sernf Brad Hoaglun Jae Berton Jessica Perreault Luke Cavener Liz Strader MEMORANDUM DATE: July 30,2020 TO: Mayor Robert Simison Members of the City Council CC: Warren Stewart,Joseph Dodson FROM: Dale Bolthouse RE: Waiver of water and sewer services connection for 175 Painted Horse Ln. The City of Meridian received an application to develop property at 175 Painted Horse Lane(see attached map). The property owner has requested a waiver to connect to the City's water and sewer systems. The requester is dividing their property to add an additional building lot. The property was annexed a.few years ago as part of the larger South Meridian Annexation. The existing property is served with well water and septic. City water and sewer services are likely several years away. Public Works has reviewed the application information for 475 Paint Horse Ln,along with other supporting documents.Based on the current distance to existing water and sewer infrastructure,and the fact the applicant is only requesting a two lot subdivision in order to build one additional home.the Public Works Department supports the request to waive the requirement to connect to the City's water and sewer system.However,we recommend the property owner enter into a Connection Agreement with the City of Meridian requiring them to connect to water and sewer services when those services are adjacent to the property.The following conditions should be included as part of that agreement: • Owner pays the applicable assessment fees required to connect at time of connection • Owner constructs the water and sewer service connections • All other required City of Meridian fees be paid • Development meets Planning and Zoning requirements Please feel free to contact Warren Stewart or me ifyou have any questions regarding this matter. ,�6a Dale Bolthouse Director of Public Works City of Meridian Public Works Attachment: Map of Request Location Public Works Department. 33 E_Broadway Avenue,Suite 200,Meridian,ID 83642 Phone 208-898-5500 .Fax 208-898-9551 .www.meridiancity.orq Page 14 Page 238 Item#9. Exhibit A W Amity Rd _...--._. -- ' -- E Ami-ty Rd -•Citadel� � ; '1'§ !' � � .. Neridran i P W- .1 s : ,.law :ti ICI -'I II EIj ' rj 8Ra H?;eovalj No 02�7 F-.-� WIL•��'R714 1--��C_I�_�—L r.'r:�v,ii7.i•;o-Oi—y�_ 24 Su6divislarr- - .L Apex - Subdivfsfon ■ W Lake Hazel-.Rd- E � W.. a,. S fie. F ■.{, �..rr•� �'�X'�v 4 1L�.i1ir 1•}qi��' �.7�1. t t Page 15 Page 239 Item#9. Exhibit A VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The Applicant shall apply for a concurrent Development Agreement Modification application prior to this application being heard in front of City Council and at a minimum the following new provisions shall be added to the amended DA: a. This development is not currently serviceable by Meridian Sanitary Sewer or Water Systems. The parcel owners shall be required to cease using their wells and septic systems and connect at their expense,to the Meridian Sanitary Sewer or Water Systems when they become available per MCC 9-1-4 and 9-4-8. b. Prior to City Engineer's signature on the final plat,the Applicant shall enter into a Connection Agreement with the City of Meridian in accord with the connection waiver letter attached in Exhibit VII.D. c. The applicant shall place W. Paint Horse Lane (a private road)in a separate 50-foot wide non-buildable lot for the construction of a public collector street in accordance with the Master Street Map. Timing for the extension of the roadway is predicated on the redevelopment of the parcel beyond two residential lots or with the redevelopment of the MU-R designated parcels to the north. At the time said roadway is constructed,the Applicant shall relinquish their rights to the use of said easement in favor of taking access from a future public street. 2. The final plat included in Section VII.B is approved as revised., dated April 30,2020, shal revised as follows prior-to City Engineer-sigaalufe on the pla4: a. Revise the-pW to add a 3 5 feet wide eemmen lot along S. Mer-idian ReaWS14 69 to he! . Revise plat note#6 to add: lot-aeeess to S. Meridian d%SFT�s e. Add a 50 feet wide eemmen lot along the aei=ffiem pr-epei4y beenda-Fy ever-the existing W. Paint Her-se Lane to reserve this afea for-f4ffe p4he right of way. d. Add a plat note that states the fiew eemmen lot piaeed ever-the existing W. PaifA Her-se 3. The landscape plan included in Section VII.C,datedRine 19, 2020, shall be revised pr-ier-to City Engineer signature e the plat: September 21,2020,is approved as submitted. a. Revise the!a-adseape plan ie show a 35 feet wide landseape stfee!buffer-along-& Mer-idian Read. b. Revise the berm/ enee eexrbe exhibit to meet UPC rr314 4 P requirements the r-equir-ed befm1fenee eembe aleng Mer-idian Read shall be at least ten(10) feet high as 4. Prior to City Engineer signature on the Final Plat,the applicant shall submit a public access easement for the required multi-use pathway along Meridian Road/SH 69 within the required landscape buffer,wholly outside of the right-of-way. Submit easements to the Planning Division for Council approval and subsequent recordation. The easements shall be a minimum of 14' wide(10' pathway+2' shoulder each side). Use standard City template for public access easement. Easement checklist must accompany all easement submittals. Coordinate with Kim Warren from the City of Meridian Parks Department. Page 16 Page 240 Item#9. Exhibit A 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-4 zoning district. 6. 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. 7. Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 8. Upon completion of the landscape buffer 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. 9. Approval of this combined preliminary and final plat shall become null and void if the applicant fails to obtain the city engineer's signature on the plat within two(2)years of the approval of the combined preliminary and final plat. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A future installation agreement for streetlights will be required for the required lights on Meridian Road. Contact the Meridian Transportation and Utility Coordinator for additional information. 1.2 This development is not currently serviceable by Meridian Sanitary Sewer or Water Systems. The parcel owners shall be required to cease using their wells and septic systems and connect at their expense,to the Meridian Sanitary Sewer or Water Systems when they become available per MCC 9-1-4 and 9-4-8. 2. General Conditions of Approval 2.1 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.2 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. 2.3 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. 2.4 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.5 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.6 All grading of the site shall be performed in conformance with MCC I I-12-3H. 2.7 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. 2.8 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 17 Page 241 Item#9. Exhibit A C. PARK'S DEPARTMENT https:llweblink.meridianciU.ore/WebLink/DocView.aspx?id=191554&dbid=0&r0o=MeridianC hty D. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:llweblink.meridianciU.ore/WebLink/DocView.aspx?id=191386&dbid=0&r0o=MeridianC hty E. BOISE PROJECT BOARD OF CONTROL(BPBC) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=190916&dbid=0&r0o=MeridianC ky F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=191398&dbid=0&r0o=MeridianC ky G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=192079&dbid=0&r0o=MeridianC iv IX. FINDINGS A. Combined Preliminary and Final 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; Council finds that the proposed plat, with Staffs recommendations, is in general 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; Water and Sewer services cannot be provided to the subject property at this time. The City Engineer and Public Works Director have approved a waiver for this requirement(See Exhibit VILD). Council finds that all other services are available for the subject property. (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 a later date as discussed above, Council 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; Page 18 Page 242 Item#9. Exhibit A Council 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 VIII for more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, Council is not aware of any health, safety, or environmental problems associated with the platting of this property.ACHD considers road safety issues in their analysis. 6. The development preserves significant natural,scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. The Applicant is not proposing any improvements along either waterway on or adjacent to the site other than landscaping outside of the applicable easements. Page 19 Page 243 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Brighton Development Inc. and Quenzer Farms, LLLP (Owners) and Brighton Development Inc. (Developer) for Quartet Northeast (H-2020-0017) and Quartet Southeast (H-2020-0018) Page 244 ADA COUNTY RECORDER Phil McGrane 2020-146961 BOISE IDAHO Pgs=57 CHE FOWLER 10/29/2020 04:12 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2. Brighton Development Inc. and Quenzer Farms, LLLP, Owners 4. Brighton Development Inc.,Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 27th day of October , 2020, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian,Idaho 83642 and Brighton Development Inc.,whose address is 2929 W.Navigator Drive, Suite 400,Meridian,Idaho 83642 and Quenzer Farms,LLLP,whose address is 3680 N.Black Cat Road,Meridian,Idaho 83646,hereinafter called OWNERS and Brighton Development Inc.,whose address is 2929 W. Navigator Drive, Suite 400, Meridian, Idaho 83642 hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owners are the sole owners,in law and/or equity,of certain tract of land in the County of Ada,State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owners and/or Developer have submitted an application for a annexation and zoning of 68.72 acres of land with an R-8 (medium high density) and C-G(General Commercial)zoning district ( Quartet Northeast) and an application for annexation and zoning of 22.26 acres of land with an R- 8 (medium density residential) zoning district (Quartet Southeast) on the properties listed in Exhibit "A" (attached), under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owners and/or Developer made representations at the public hearing before the Meridian Planning and Zoning Commission and the DEVELOPMENT AGREEMENT—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) PAGE 1 OF 9 Item#10. Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning before the Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the I lth day of August, 2020, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into.this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS,the Findings require the Owners and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owners and/or Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owners and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) page 246 PAGE 2 Item#10. 3.2 OWNERS: means and refers to Brighton Development Inc.,whose address is 2929 W.Navigator Drive, Suite 400,Meridian,Idaho 83642 and Quenzer Farms, LLLP, whose address is 3680 N. Black Cat Road, Meridian, Idaho 83646, the parties that own said Property and shall include any subsequent owner(s)of the Property. 3.3 DEVELOPER: means and refers to Brighton Development Corporation Inc.,whose address is 2929 W.Navigator Drive, Suite 400,Meridian,Idaho 83642, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as described in Exhibit"A"describing the parcel to be bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, phasing plan, landscape plan, qualified open space exhibit and conceptual building elevations included in Section VIII of the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit `B" and the provisions contained therein. b. The existing homes that are to be retained on lots in the proposed subdivision are required to disconnect from private systems and hook up to City water and sewer service within 60 days of such services becoming available as set forth in MCC 9-1-4 and 9-4-8 respectively. Existing wells may be used for irrigation purposes only. c. The existing homes to be retained on lots in the proposed subdivision will be assigned new addresses with subdivision of the property. d. The Five Mile Creek shall be protected during construction. e. No residential uses shall be developed on the non-residential/commercial C-G zoned lot on the east side of the collector street (depicted as Lot 1, Block 14 on the preliminary plat), including but not limited to, a multi-family development, a vertically integrated residential project,and/or a nursing/residential care facility unless DEVELOPMENT AGREEMENT—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) page 247 PAGE 3 Item#10. a subsequent Odor Study conducted by the City determines residential uses are appropriate in that area. f. The Developer shall coordinate with the City Park's Department prior to development of the non-residential/commercial lot(depicted as Lot 1,Block 14 on the preliminary plat)on the east side of the collector street(N.Joy Way)to determine if a City Park is needed in this area as designated on the Comprehensive Plan. The Development Agreement shall be amended to include a conceptual development plan for that area prior to any development occurring on that lot. g. The rear and/or side of structures on lots that face N.Black Cat Rd.,an arterial street, and San Remo St./N.Joy Way,a collector street,shall incorporate articulation through changes in two or more of the following:modulation(e.g.projections,recesses,step- backs,pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. h. Quartet Northeast and Southeast subdivisions shall develop and be phased as one project and shall be included in the same Homeowner's Association;all common open space and site amenities between the two subdivisions shall be shared. i. An odor study shall be conducted by the City prior to development of Phase 3 to determine if residential uses are appropriate in the MU-NR designated area; if determined to not be appropriate,a modification to the Development Agreement shall be required to amend the development plan for that area. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owners and/or Developer's default of this Agreement,Owners and/or Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owners and/or Developer that is not cured after notice as described in Section 7.2,Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely DEVELOPMENT AGREEMENT—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) page 248 PAGE 4 Item#10. against the offending portion of Property and upon City's compliance with all applicable laws,ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owners and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owners and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owners and/or Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owners and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, DEVELOPMENT AGREEMENT—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) page 249 PAGE 5 Item#10. or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian,Idaho 83642 OWNERS: DEVELOPER: Brighton Development Inc. Brighton Development Inc. 2929 W. Navigator Drive, Suite 400, 2929 W.Navigator Drive, Suite 400 Meridian, Idaho 83642 Meridian, Idaho 83642 Quenzer Farms,LLLP 3680 N. Black Cat Road Meridian, Idaho 83646 14.1 A party shall have the right to change its address by delivering to the other parry a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing parry shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owners and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and DEVELOPMENT AGREEMENT—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) page 250 PAGE 6 Item#10. recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third parry (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owners and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied,between Owners and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) page 251 PAGE 7 Item#10. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: DEVELOPER: Brighton Development Inc., Brighton Development Inc., An Idaho limited liability company An Idaho limited liability company By: Jo a D. Wardle By: Jon than D. Wardle Its. Pre ident Its: �re ident Quenzer Farms LLLP, An Idaho limited liability limited partnership ar., A"-� By: be.An CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk STATE OF IDAHO ) :ss County of Ada ) 27th October On this day of , 2020, before me, a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for aho Residing at: Meridian, Idaho Commission expires: 3-28-2022 Item#10. STATE OF IDAHO ) ss: County of Ada ) On this (��day of October,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared Jonathan D.Wardle known or identified to me to be the President of Brighton Development Inc.and the person who signed above and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL COMMISSION#295 8 NOTARY PUBLIC 4tary Pu lic for I STATE OF IDAHO MY COMMISSION EXPIRES 0411512023 Residing at: My Commission Expires: STATE OF IDAHO ) ss: County of Ada ) On this -day of October,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared Jonathan D.Wardle known or identified to me to be the President of Brighton Development Inc.and the person who signed above and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SE=NOTARY URRY 29528 LIC Notary Publicfor I oo, AHO Residing at:ES O4/15/2023 My Commission Expires: STATE OF IDAHO ) ss: County of Ada ) On this day of October,2020,before me,the undersigned,a Nota V Public in and for said State,personally appeared pp ue,N ZOr ,known or identified tome to be the J(KhUt' of Quenzer Farms,LLLP anithe person who signed above and acknowledged to me that he executed the same on behalf of said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) 0—* AMANDA MCCURRY Public for aho COMMISSION#29528 Residing at: Y NOTARY PUBLIC My Commission Expires: .S STATE OF IDAHO MY COMMISSION EXPIRES 04/15/2023 DEVELOPMENT AGREEMENT—QUARTET NORTHEAST(H-2020-0017)AND QUARTET SOUTHEAST(H-2020-0018) page 253 PAGE 9 Item#10. EXHIBIT A Annexation Legal Description & Exhibit Map Quartet Northeast: [on 9233 WEST STATE STREET I SOISE,ID 83714 208.639.6939 FAX Z08.639.6930 April 10,2020 Project No.19-010 Exhibit A Legal Description for Annexation Quartet Northeast A parcel of land situated in a portion of the South 1/2 of the Northwest 1/4 of Section 34,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as follows; Commencing at a brass cap marking the Northwest corner of said Section 34,which bears N00°2724"F a distance of 2,631.60 feet from an aluminum cap marking the West 1/4 corner of said Section 34,thence following the westerly line of said Northwest 1/4,S00"2724"W a distance of 1,315.80 feet to the N❑rth 1/16 corner of said Section 34 and"section 33 and being the POINT OF BEGINNING. Thence leaving said westerly line and following the northerly line of said South 1/2 of the Northwest 114,589'26'05"E a distance of 2,647A2 feet to an aluminum cap marking the Northeast corner of said South 1/2 of the Northwest 1/4(GN 1/16 corner); Thence leaving said northerly line-End following the easterly line of said South 1/2 of the Northwest 1/4, SCO'43'47"W a distance of 1,323.39 feet t❑a 5/8-inch rebar marking the center of said Section 34; Thence leaving said easterly line and following the southerly line of said Northwest 1/4,N89'15'14"W a distance of 1,129.66 feet to the centerline of Five Mile Drain; Thence leaving said southerly line and following said centerline the following eight (9)courses: 1. N38'17'55"W a distance of 133.94 feet; 2. N46'51'55"W a distance of 134.69 feet; 3. N73'28'41"W a distance of 107.81 feet; 4. N79'57'O1"W a distance of 202A5 feet; 5. N77'C5'23"W a distance of 112.20 feet; 6. N79'05'40"W a distance of 326.25 feet; 7. N78'22'23''W a distance of 307,52 feet; 8_ N78'15'35"W a distance of 100.49 feet; Thence leaving said centerline,NQ6'27'24"E a distance of 236.72 feet; Thence N89'32'36"W a distance of 195.00 feet to the westerly line of said Northwest 114; Thence following said westerly line,N00°27'24"E a distance of 664.43 feet to the POINT OF sEGINNING. Said parcel contains a total of 68.735 acres,more or less, NIL Attached hereto is Exhibit B and by this reference 9s hereby made a part of, t' w ao 1245 o �� L. �gyb Y•rd•1.o7.t7 ENGINEERS I SURVEYORS I PLANNERS Page 1 Page 254 Item#10. a a oa w m N z m m Pa uL (OR nd A a 6 2 C dPLO �d L VjkjjZ � ^ y ew r �f+ ?r z biK U c] 8r d SAP O Dn c E pq N d tip, Q m b a O "✓� .z9'Lti9L 3.so.aa.ses � C6 m N QJ m to ern °� rn m '� a T a- 4N w r L a� rocw•t w pip` 't 0 ¢ d 2 �_ Q o�p m rn N t4 to c4 m [�.� w 0 J � d L.3 �6 a r ri N [4 N C a 2D M rn N N r r2 Ir LJ DD L) x V 4 p Np O N aj <rn pp U ' 4 Z N ^A7 O N iL] y7 {Y Cx N N C W u7 C 0 d VS _ N f1"I L g= z N m N {D fl1 V}LJ Q w ti rti ES Uf2rQ 1% _ R a o 3. m a,�+�aU��1��u� z" � m U n ,99'6� N4.41,9�.88N m I LpwW) '� z ry i �sm 2, M$ $ , z g a u. U �d 0 —4 wma� w Lu Ln Quartet Northeast H-2020-0017 Quartet Southeast H-2020-0018 Page 2 Page 255 Item#10. Quartet Southeast: &am 9233 WEST STATE STREET I 806E,10 83714 ( 208,639.6939 1 FAX 208.639.6930 April 10,2020 Project No.19.010 Exhibit A Legal Description for Annexation and Rezone to R-8 Quartet Southeast A parcel of land situated in a portion of the North 1/2 of the West 1/2 of the 5outhwest 1/4 and a portion of the South 1/2 of the Northwest 1/4 all in Section 34,Township 4 North,Range 1 West,Boise Meridian,Aria County,Idaho and being more particularly described as follows: BEGINNING at an aluminum cap marking the West 1/4 corner of said Section 34,which bears 500"27'24"W a distance of 2,631.60 feet from a brass rap marking the Northwest corner of said Section 34,thence following the westerly line of said Northwest 1/4,N00°27'24"E a distance of 450.24 feet to the centerline of Five Mile Dram; Thence leaving said westerly line and following said centerline the fallowing nine(9)courses: 1, 583°53'03"E a distance of 33.19 feet; 2. 578°15'35"E a distance of 265.65 feet; 3. S78°22'23"E a distance of 307.52 feet; 4. 579°05'40"E a distance of 326.25 feet; S. S77`05'23"E a distance of 112.20 feet; 6. 579°57'01"E a distance of 242.45 feet; 7. 573'28'41"E a distance of 107.81 feet; 8. 546°51'55"E a distance of 134.69 feet; 9. 538'17'55"E a distance of 133.84 feet to the southerly line of said Northwest 114; Thence leaving said centerline and following said southerly line,N89"16'14"W a distance of 191.01 feet to a 518-inch rebar marking the Northeast corner of said West 1/2 of the Southwest 1/4(C-W V16 corner); Thence leaving said southerly line and following the easterly line of said West 1/2 of the Southwest 114, 500°35'24"W a distance of 25.93 feet; Thence leaving said easterly line,60.97 feet along the a rc of a circular curve to the left,said curve having a radius of 517.00 feet,a delta angle of 06°45'23",a chord bearing of S47'09'17"W and a chord distance of 60.93 feet; Thence 543'46'36"W a distance of 306.45 feet; Thence 423.64 feet along the arc of a circular curve to the right,said curve having a radius of 520.00 feet,a delta angle of 46°40'43",a chord bearing of 567"06'57"W and a chard distance of 412.02 feet; Thence N89°32'41"W a distance of 589.03 feet; Thence 545'27'19"W a distance of 29.19 feet; Thence 500°27'12"W a distance of 79.36 feet; Thence N89"32'48"W a distance of 78.00 feet to the westerly line of said 5outhwest 1/4; Thence following said westerly line,N00°27'12"E a distance of 560.22 feet to the POINT OF BEGINNING. ��a�yltil, I•Alrr� Said parcel contains a total of 22.26 acres,more or less. ' .t a� a Attached hereto is Exhibit B and by this reference is hereby made a part of. M4 o 12459 o 0 F L. B��'�' ENGINEERS I SURVEYORS I PLANNF.RS �'/0'ZX2,0 Quartet Northeast H-2020-0017 Quartet Southeast H-2020-0018 Page 3 Page 256 Item#10. 28 21 W. McMillan Rd. 33 3 FOUND BRASS CAP NORTHWEST CORNER SECTION 34 0 125 250 50a N Scale: 1"=25a' Unplatted SH3'53'03"E � 33.19' S78'15'35"E 2fi5.85' S78'22'23'E 307.52' S7W05'40'E n C� 326.25' S77'05'23"E w ntEFfjhE ! — 112.24' S79'S7'Ol'E o Miley 202.45' z all, S73'28'41"E 107.81' 0 \ S48751'55"E SC-43423392 D \134X9' POINT OF BEGINNING S3617'55% FOUND ALUMINUM CAP 133.54' 33 wlrsT ir4 CORNER SECTION 34 34 25.93' Annexation Area: 22.26±AC. Ca NU9'18'14 W Current Zoning: RUT 191.ol, Proposed Zoning: R-8 c--w 1/16 SD434325960 Portioni&S0434234020 portion > CORNER 1n y �. SECTION 34 41 m"U f 19"W (Unplatted m N5732'41"W 589.03' c S00'27'12"W 79.3fi' 7s 00 Unplatted FOUND ALUMINUM CAP SW CORNER SECTION 34 33 34 T.4N„ R.W.W. McMillan Rd. r.3N.. RAW. — — t>`nL LAN4 LEGEND 5y'°�� is FOUND BRASS CAP ; FOUND ALUMINUM CAP 12459 '0 5/8-INCH REHARkin A CALCULATED POINT HIMANWEVILM ANNEXATION & REZONE BOUNDARY EHI MEERS.SUKVPOFLR .PLANNERS ' -SECTION LINE i ry, 7,0 9233 WEST STATE STREET r V BOISE.IDAHO83714 PKDNE(2BBI 639{439 FAX 12N)639-693D Exhibit B Annexation and Rezone GATE- ApNE2026 PROJECT- 19-01P SHEET: Quartet Southeast Subdivision 1 OF 1 N1/2 W1/2 SWI/4 &S1/2 NW1/4 Sec. 34, T4N, R1W, B.M., Ada County, ID Quartet Northeast H-2020-0017 Quartet Southeast H-2020-0018 Page 4 Page 257 EXHIBIT B Item#10. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW : E IDIAN�- AND DECISION & ORDER In the Matter of the Request for Annexation of a Total of 68.73 acres of Land with R-8 (48.42 acres) and C-G (20.31 acres) Zoning Districts, and Preliminary Plat Consisting of 137 Buildable Lots (I36 Residential and 1 Commercial), 19 Common Lots, and 2 Other Lots on 66.52 acres of Land in the R-8 and C-G Zoning Districts for Quartet Northeast; and Annexation of a Total of 22.26 Acres of Land with an R-8 Zoning District and Preliminary Plat Consisting of 50 Buildable Lots and 10 Common Lots on 19.92 Acres of Land in the R-8 Zoning District for Quartet Southeast by Brighton Development, Inc. Case No(s). H-2020-0017& H-2020-0018 For the City Council Hearing Date of: July 28,2020(Findings on August 11,2020) A. Findings of Fact l. Hearing Facts(see attached Staff Report for the hearing date of July 28, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 28, 2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of July 2& 20X incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 28,2020, incorporated by reference) B. Conclusions of Law l. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I 1 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code§ 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian}Manning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DEC]SION&ORDER FOR QUARTET NORTHEAST-AZ,PP H-2020-0017&QUARTET SOUTHEAST-A.Z.PP H-2020-0018 I Page 258 Item#10. Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 28, 2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's requests for annexation&zoning and preliminary plat for Quartet Northeast and Quartet Southeast is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of July 28,2020,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11.If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC l 1- 6B-7C). Notice of Development Agreement Duration. The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511 A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR QUARTET NORTHEAST—AZ,PP H-2020-0017&QUARTET SOUTHEAST—AZ,PP H-2020-0018 -2- Page 259 Item#10. accord with this chapter. When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing,and must be filed with the City Clerk not more than twenty-eight(28)days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will tali the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 28,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR QUARTET NORTHEAST—AZ,PP H-2020-0017&QUARTET SOUTHEAST—AZ,PP H-2020-0018 -3 Page 260 Item#10. By action of the City Council at its regular meeting held on the 1 Ith day of August 2020. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Dated.. $-11-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR QUARTET NORTHEAST—AZ,PP H-2020-0017&QUARTET SOUTHEAST—AZ,PP H-2020-0018 -4 Page 261 Item#10. EXHIBIT A STAFF REPORTC�WEI� DIAI` COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/28/2020 legend DATE: F.cier-Baca=ar TO: Mayor&City Counci l FROM: Sonya Allen,Associate Planner 208-984-55.1 SUBJECT: H-2020-0017 Quartet Northeast H-2020-0018 Quartet Southeast LOCATION: 4020&4340 N.Black Cat Rd. [Parcels: #S0434233652; SO434244210; 50434233920; S0434325860(partial), in the west '`/a of Section 34,TAN., R.1 W.] I. PROJECT DESCRIPTION Quartet Northeast(NE): Annexation of a total of 68.73 acres of land with R-8 (48.42 acres)and C-G(20.31 acres)zoning districts; and Preliminary Plat consisting of 137 buildable lots (136 residential and 1 commercial), 19 common lots,and 2 other lots on 66.52 acres of land in the R-8 and C-G zoning districts. Quartet Southeast(SE): Annexation of a total of 22.26 acres of land with an R-8 zoning district; and Preliminary plat consisting of 50 buildable lots and 10 common lots on 19.92 acres of land in the R-8 zoning district.Note:A property boundary adjustment application is currently in process with Ada County that will reconfigure the boundary of this property consistent with the Record of Survey(ROS)shown in Section VIII.A; the Applicant anticipates this application will be approved and the ROS recorded prior to the City Council hearing. Therefore, the annexation and plat boundaries are based on the boundary shown on the ROS and not the current parcel configuration.shown on the maps included in this report. Because NM1D owns the land where the Five Mile Creek is located which lies beAveen the two properties proposed far development and does not wish far their land to be included in the subdivision, two(2),separate preliminaFy plat applications are required. Because the site is being developed as one overall property, one staff report has been prepared far both projects which includes analysis for each individual plat as well as,for the overall development. The overall annexation area includes the Fite Mile Creek as zoning goes to the centerline ofwaterways. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 66.52(NE)+ 19.92(SE)=86.44 acres(overall) Existing/Proposed Zoning RUT in Ada County(existing); R-8 and C-G(proposed) Paget — Page 262 Item#10. Description Details I page Future Land Use Designation Medium Density Residential(MDR)I,3-8 units/acre)(50+1-acres)&Mixed Use—Non-Residential(MU-NR)(41+1-acres) Existing Land Use(s) Rural residential/agricultural Proposed Land Use(s) Single-family residential(SFR),commercial Lots(#and type:bldg./common) 186 residential buildable lots; I commercial buildable lot; 29 common lots; and 2 other lots for shared driveways Phasing Plan(#of phases) 3 phases(overall between both subdivision) Number of Residential Units(type 186 detached SFR homes of units) Density(gross&net) NE:2.93 units/acre(gross);4.73 units/acre(net) SE: 2.51 units/acre(gross).4.86 units/acre(net) NE&SE(overall):2.8 units/acre(gross);4.76 units/acre(net) Open Space(acres,total NE: 7.6 acres [%]fbufferlqualified) SE:3.4 acres NE &SE(overall): l 1 acres(or 13%) Amenities Swimming pool,multi-use pathways,an additional 2.36+acres qualified open space beyond the minimum required and a tot lot with children's play equipment. Physical Features(waterways, Land containing the Five Mile Creek bisects the two(2)preliminary plats;a hazards,flood plain,hillside) portion of the site is within the floodplain in an approximate(A)zone. The Creason Lateral runs along the eastern portion of the north boundary of Quartet Northeast subdivision. Neighborhood meeting date;#of 1/21/20;9 attendees attendees: History(previous approvals) None B. Community Metrics Description Details Pa-,e Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yesino) Traffic Impact Stud (yes/no) Yes Access Two(2)accesses(Bell Tower Dr.,a local street&San Remo St„a collector street) (ArteriaKollectors/State are proposed via N. Black Cat Rd.,an arterial street. Hwy/Local)(Existing and Black Cat Rd. is currently improved with 2-travel Iancs and no curb,gutter or Proposed) sidewalk abutting the site.There is 50-70'of ROW for Black Cat Rd.(17-20' from centerline). Traffic Level of Service Better than"D"(Acceptable level of service is"E") Stub (1)collector and(1)local stub street is proposed to the north and(1)local stub Streetllnterconnectivity/Cross street is proposed to the south to adjacent properties for future extension as Access depicted on the plat, Existing Road Network There are no existing streets within the site and no stub streets to the site;N.Black f Cat Rd. exists along the west boundary of the site Existing Arterial Sidewalks 1 There is no existing sidewalk:or buffer along N. Black Cat lid. Suffers - Page 2 Page 21i3 Item#10. Description —Details Page Proposed Road Capital Improvements Plan ICIP11 Integrated Five Year Work Plan tIFYWPI: Improvements • Stark Cat Road m iisted rn the CIP to be widened to 5-tanes ham McMHtan Road to Ustick Read berween 202t and 4125 The rnte rnectton of MbA01an Road and Black Cat Rnaa is listed In the C I P to Ue reconstructed as a multi-tone roundabout wrth 4-lanes on the north leg 4-lanes on the south.2•4m*cast. and Z-�anes on the west leg,ano rein st►udrod between 2028 and 2030. the m5ersectron of ul�Roan and Sl90 Gal Roao is listed in the CiP to br-rewnstructed as a dtral4ene roundabout with 44anes on the nvMh leg.A-canes on the wudh,4-4anes east. and 4-&-Ants,rn the wusl ieo,crud recau0S uCl&d between 2021 ana 2025. A dedicated northbound right-turn lane.&dedicated sorthbound left-turn lane is required to be constructed on Black Cat Rd.at Bell Tower Dr,&San Remo St, as recommended in the TIS. Fire Service • Distance to Fire Station 2 miles ■ Fire Response Time Falls within 5 minute response time goal s Resource.Reliability 7 6%-target goal is 80%or greater—dues n o I meet the targeted goal • Risk ldcntitication 2—current resources would not be adequate to supply service to this project • Accessibility Project meets all required access,road widths and turnarounds. • Speciatlresource needs Project will require an aerial device; response time is 12 minutes travel time- can'I meet this need in the required time frame if a truck company is required. ■ Water Supply Requires 1.000 gallons per minute For one hour,may be less if buildings are fully sprinklered. • Other Resources Police Service • Distance to Police 6.5 miles Station • Police Response Time .lust under 5 minutes from Police Dept.,response time goal for emergencies is 3-5 minutes. ■ Calls For Service 283 (within a toile of site between 311 120 1 9-212 912 0 2 0) • Accessibility No concerns • Specialty/resource needs No additional resources are required at this time. ■ Crimes 28(within a mile of site between 31112019-212912020) k ■ Crashes t9(within a mile of site between 31112019-2/29/2020) • Other The MPD can provide service if this development is approved as they already serve this area. West Ada School District ty • Distance(elem,ms' nro menT ,oac hs) Pleasant View Ellermentary p^e i► 675 9 • Capacity of Schools stAir Middle Sduml 692 1000 &3 • #of Students RAerldian 144b school 19111 2400 4.0 Enrolled Due to the alaundantamount of growth in the area,West Ada is aalwrly building new schools,and Aourrrrar►rr.err■iways [hengrrw,Trrl-Se tulure 514rlltnrs LmAd Wentlatty anerad Owyhee Nigh 5cho4l • Estimated#of i 10(NE)+40(SE)= 150 students from this development Wastewater • Distance to Sewer Directly adjacent Services • Sewer Stied North BIack Cat Trunk Shed • Estimated Project Sewer See application ERU's Page 3 Page 264 Item#10. • WRRF Declining 13.92 Balance • Project Consistent with Yes WW Master Plan/Facility Plan ■ Impacts/Concerns Applicant to ensure that the depths of the sanitary sewer allows for service of the property to the SE of Quartet Northeast per the Meridian Wastewater Master Plan. Water ■ Distance to Water Directly adjacent Services • Pressure"Lone I ■ Estimated Project Water See application ERU's • Water Quality None • Project Consistent with Yes Water Master Plan • Impacts/Concerns The water main in N.Joy Way(furthest east road)should be a 12-inch. In addition,the water main in N.Joy Way will need to continue south through Quartet Southeast to provide a second connection out to Black Cat Rd. with the second phase of the development. C. Project Area Maps Future Land Use Map Aerial Map Legend legend - [l..liPrv,e��Loco^:r Il .MUEC f�'r.._;ea'Lwuro — rto*; ti tow @ "7f Residenfi'II JA r Page 4 Page 265 Item#10. Zoning Mal) Planned Development Map L_0 Legend 0 legend C-C T Loco--or R-1 45 L, R-1 C_G P"or ned F O'c: S R,4 R.8 C--N R' U R- C R "—JT' I- - F- w 2 . R R_ W. R III. APPLICANT INFORMATION A. Applicant: Brighton Development,Inc.-2929 W.Navigator#400,Meridian,ID 83642 B. Owner: Quenzer Farms,LLLP-3680 N.Black Cat Rd.,Meridian, ID 83646 C. Representative: Michael D. Wardle, Brighton Corporation-2929 W.Navigator#400, Meridian, ID 83642 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 5/29/2020 7/10/2020 newspaper Notification mailed to property 5/26/2020 7/8/2020 owners within 300 feet Applicant posted public bearing 4/22/2020 7/15/2020 notice on site Nextdoor posting 5/27/2020 7/8/2020 V. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the western 50+1-acres of the property as Medium Density Residential (MDR)and the eastern 4 1+/-acres as Mixed Use- Non-Residential (MU-NR). A City Park is also conceptually designated on the FLUM in this general area. Page 5 Item#10. The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The purpose of the MU-NR designation is to designate areas where new residential dwellings will not be pennitted, as residential uses are not compatible with the planned and/or existing uses in these areas. For example, MU-NR areas are used near the City's Wastewater Resource Recovery Facility and where there are heavy industrial or other hazardous operations that need to be buffered from residential. Developments are encouraged to be designed similar to the conceptual MU-NR plan.depicted in Figure 3E in the Comprehensive Plan(see page 3-18). Transportation: The Master Street Map(MSM)depicts a collector street from W. McMillan Rd. to the project's north boundary near the northeast corner of the site and a multi-lane roundabout at the inid-mile on Black Cat Rd.The Map depicts a future east/west collector street near the half mile on the west side of Black Cat. A collector street(San Remo St./N.Joy Way) is proposed from N. Black Cat Rd. to the north boundary in accord with the MSM. ACHD is not requiring a roundabout be constricted at this time as they feel it's not warranted based on the Traffic Impact Study(TIS) although additional right-of-way(ROW) is required to be dedicated to accommodate the future construction of the multi-lane roundabout. Proposed Development: The Applicant proposes to develop 66.35 acres of the subiect overall property with 186 single-family detached dwelling units at an overall gross density of 2.8 units per acre; and 20.09 acres with non-residential/commercial uses to be determined in the future consistent with the FLUM. The eastern 18 acre residential portion of Quartet Northeast is located within the MU-NR designated area,which is a non-residential designated area that provides approximately a'/a mile separation and buffer to the City's wastewater facility. Because the IyLUM is not parcel specific,the Applicant requests the MDR designation on the western portion of the property is extended to the collector street(N.Joy Way), which bisects the eastern portion of the property.The portion of the property east of the collector street is proposed to be zoned C-G and developed with non-residential/commercial uses. Because the collector street will provide a"break"to future non-residential/commercial uses similar to that shown on the concept diagram for MU-NR designated areas included in the Comprehensive Plan (see Figure 3E an pg.3-18),Staff is amenable to this proposal if deemed appropriate by City Council. Staff does have concerns with residential uses in such close proximity to the Wastewater facility as foul odors are a concern in this area,thus the reason for the"non-residential"designation.For this reason, residential may not be a compatible use in this area.City Council should make this determination.Note: The P►ehlic Fork s Dept_ anlicipates doing a noi.selodor stwr y later this year to determine the current i►r►pact.V of the.lQcility on adjacent properties, which ►nay change the bounda►j�of the A1U-NR designated area, The Park's Dept. is not pursuing a City park in this location at this time, however,the non- residential/cormnercial lot(Lot 1, Block 14)on the east side of the collector street adjacent to the wastewater facility may be considered for a potential park site with a future development application on that property; Prior to any development occurring on this lot,the Applicant should coordinate with the Park's Department to determine if a City park is needed in this area. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) only one housing type is proposed in this developnte►1t (i.e. si►►gle-fu►nili detached. The residential developments in this vicinitjy also contain strrnda3 rl.srngle-fa►nili,detached hownes. Because this site is in close proxini in,to the City s Wastewater Resource Recove►��Facilihf, Stajj'does not recommend a mix of housing types is provided as it would likeli,increase the de nsiti.in this area, which is not desired. Page 6 Page 267 Item#10. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) Cin'water and sewer service is available and can be extended by the developer with development in accord d with UDC 11-3A-21. ■ "Avoid the concentration of any one housing type or lot size in any geographical area,provide for diverse housing types throughout the City."(2.01.01G) Urzlt+one housing tt+pe is proposed in this development(i.e.single family detached); the minimian lot size proposed is 6,866 with air average lot size of 9,145 square feet, which will accommodate a variety oj'hotesing styles consisting of']-and 2-story units. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed siragle-foal[ residential development is compatible with other residential and agricultural uses in the area, the jinure non-residentiallcommercial development should be compatible with the existing Wastewater_fucilih�to the.southeast. The proposed residential uses in the MU NR designated area may not be compatible with the Wastewater facilitv. The Public Works Dept. anticipates doing a noiselodor study later this year to determine the current impacts of the jacility on adjacent properties, which mail change the boundary of the MU--NR designated area, ■ "With new subdivision plats,require the design and construction of pathway connections,easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities."(2.02.01 A) Segments of the City s multi-use pathway system are proposed off-site along the north boundar3?of the Five Mile Creek and along the east side oj'the proposed collector street in accord with the Pathways Master Plan. Detached sidewalks are proposed along the arterial and collector streets jar saje pedestrian access. Usable open space and quality amenities are proposed(see detailed analysis below in Section T7LB). ■ "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City)water and sewer si+stems;services are proposed to be provided to and though this development in accord with current Cin+plans. • "Discourage residential land uses in close proximity to the Wastewater Resource Recovery Facility,the Intermountain Gas Facility on Can-Ada Road,and other incompatible land uses."(3.06.02E) The eastern 18 acre portion oj'the site in Quartet Northeast is within the MU-NR designated area on the FL UM, which is in close proximity to the wasteivater facility+. The expansion of residential uses in this area nzat-not be compatible with the wastewater facility,due to odors associated with the facility. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) The proposed project is located in part of a larger "enclave"around the City:wastewaterfacilio,., development of this property will assist in maximizing public sec►+ices. ■ "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.030) Page 7 — Page 268 Item#10. Urban serer and water infrastructure and curb, gutter and sidewalks is required to he provided with development as proposed. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided." (3.03.03) The proposed development plan is generally consistent with the City+'s vision in terns that rrredian) density residential find non-residential uses are proposed;public services can be provided and infrastructure will he extended with development. • "Require collectors consistent with the ACHD Master Street Map(MSM),generally at/near the mid- mile location within the Area of City Impact."(6.01.03B) 4 collector street (San Remo St.IN.Joy Way) is proposed from N. Black Cat Rd. that sorbs to the north jar f tture extension to McMillan Rd in accord with the MSM, which depicts a collector street firom McMillan Rd. to the northeast conger of the proposed residential development. • "Plan for and allow land uses surrounding the Wastewater Resource Recovery Facility that reduce human exposure to odors."(4.10.01 A) The residential uses proposed on 18 acres in Quartet Northeast in the MU-NR designated area may expose humans to odors associated with the wastewater facility • "Coordinate with developers, irrigation districts,and drainage entities to implement the proposed pathway network along canals,ditches,creeks,laterals and sloughs."(3.08.02B) 10.1oot wide multi-arse pathway is proposed along the north side of the Five Mile Creek adjacent to the south boundary of the Quartet Northeast preliminary plat on NMID's property. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits."(4.05.03B) The proposed project is in ar larger enclave area around the City's wastewater facility and is not on the fringe. Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan in regard to land use, density and transportation if City Council determines an extension a?f the MDR designation on the ablating 18 acres of land to the east is appropriate f r the area currently designated MU- NR. VI. UNIFIED DEVELOPMENT CODE ANALYSIS [t1DC1 A. Annexation&Zoning: The Applicant proposes to annex a total of 90-99 acres of land between the two subdivisions with R-8 (70.68 acres)and C-G(20.31 acres)zoning consistent with the associated MDR.and MU-NR FLUM designations in the Comprehensive Plan as discussed above in Section V. At the request of the City,the Applicant included the 0.97 acre out-parcel at the southwest corner of the Quartet Northeast subdivision where a sewer lift station is located in the annexation boundary. The single-family residential and future non-residentiallcommercial uses planned to develop on this site are consistent with uses desired in this area as discussed above in Section V. A conceptual development plan was not submitted for the non-residential/commercial lot proposed to be zoned.C-G; the Applicant states this lot will be the subject of future discussion with the City regarding a potential park site as depicted on the FLUM or consideration of other potential buffer uses determined by the results of the Public Work's noise/odor study. Page 8 - Page 269 Item#10. The annexation area is within the Area of City Impact Boundary (AOCI). Legal descriptions for the annexation area are included in Section VI1I.13; separate descriptions were submitted for each of the preliminary plat applications. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651 IA. In order to ensure the site develops as proposed with this application,staff recommends a DA as a provision of annexation with the provisions included in Section IX.The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. The Record of Survey depicted in Section VM.A should be approved by Ada County and recorded prior to approval of the annexation ordinance and the Development Agreement for this project. Additionally,as a provision of the Development Agreement,Staff recommends the Applicant is required to coordinate with the Park's Dept.prior to development of the C-G zoned portion of the site on the east side of the collector street to determine if a City park is needed in that area. B. Preliminary Plat: Two separate preliminary plats,Quartet Northeast and Quartet Southeast.are proposed due to land owned by NMID containing the Five Mile Creek bisecting the two properties. Because hot]] plats are proposed to develop and be.marketed as one overall project, Staff s analysis is based on the overall project. Quartet Northeast consists of 137 buildable lots (136 residential and I commercial), 19 common lots, and 2 other lots on 66.52 acres of land in the R-8 and C-G zoning districts,and Quartet Southeast consists of 50 buildable lots and 10 common lots on 19.92 acres of land in the R-8 zoning district. Overall, a total of 196 residential buildable lots, 1 commercial buildable lot. 29 common lots and 2 other lots are proposed between the two subdivisions. The minimum lot size proposed overall is 6,866 square feet (s.f.) with an average lot size of 9,145 s.f..;the gross density overall is 2.8 units/acre with a net density of 4.76 units/acre. The subdivision is proposed to develop in three (3)phases as depicted on the plat(see Section VIII.C). The first two phases are located along N. Black Cat Rd.with the third and final phase on the eastern portion of the site. Existing Structures/Site Improvements: There is one existing home and accessory structures within the boundary of each preliminary plat that are proposed to remain on Lot 11. Block 7, Quartet Southeast and Lot 2. Block 1. Quartet Northeast subdivision. All existing accessory structures that don't comply with the setback standards listed in UDC Table l 1-2A-6 should be removed prior to the City Engineer's signature on the final plat on the phase in which they're located. The existing homes are required to disconnect from private service and hook up to City water and sewer service within 60 days of such services becoming available as set forth in MCC 9-1-4 and 9-4-8 respectively. Existing wells may be used for irrigation purposes only.The addresses of these homes will also be subject to change with subdivision of the property. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table I 1-2A-2. A]lowed uses in the C-G district are listed in.UDC Table 1 1-213-2. Although some residential uses are allowed in the C-G zoning district per UDC Table 11-2B-2,Staff recommends as a provision of the DA that no residential uses be developed on the non- residential/commercial C-G zoned lot on the east side of the collector street,including but not limited to,a multi-family development,a vertically integrated residential project, and/or a nursing/residential care facility unless a subsequent Noise and Odor Study conducted by the City determines residential uses are appropriate in that area. Page 9 - Page 270 Item#10. Dimensional Standards (UDC 11-2): Development of the subject property is required to comply with the dimensional standards listed in UDC Table l 1-2A-6 for the R-8 zoning district and l 1-2B-3 for the C-G district. Subdivision Design and Improvement Standards{UDC 11-6C-3� Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3,including but not limited to streets,common driveways and easements. There are two(2)common driveways proposed on common lots (i.e. Lots 10 and 16,Block 1); such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D. A perpetual ingresslegress easement is required to be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. An exhibit should be submitted with the final plat application that depicts the setbacks,fencing, building envelope,and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway should be depicted on the opposite side of the shared property line from the common driveway. Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. Access(UDC 11-3A-3} One(1) collector street (San Remo SUN,Joy Way) access is proposed in Quartet Southeast and one(1) local street access is proposed in Quartet Northeast via N. Black Cat Rd. The collector street is proposed to stub to the north at the northeast corner of the site for future extension to W. McMiIlan Rd. Local stub streets are proposed to the north and south to adjacent properties for future extension as depicted on the preliminary plats in Section ViII.C. Direct lot access via the arterial (Black Cat Rd.)and collector(San Remo StfN.Joy Way)streets is prohibited; the existing access via Black Cat Rd. for the home proposed to remain on Lot 2, Block 1 Quartet Northeast subdivision shall be removed and access taken from Belltower Dr. The bridge across the Five Mile Creek and the gravel fire access road from Black Cat Rd.in the location where the collector street is proposed is required to be constructed for emergency access for any development over 30 homes/lots as approved by the Fire Department. Because N.Joy Way is proposed to stub at the north boundary and is longer than 150' without a Fire Department approved turn around,the Fire Dept. requests a Type 111 barricade is placed at the intersection of N.Joy Way and Grand Rapids Dr.to prevent access until the street is extended in the future. The construction drawings should be revised to include this change.As an alternative to a barricade,a Fire Dept approved turnaround could be provided at the end of the collector street. Parking(UDC 11-3C1: Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. Parking for non-residential uses is required per the standards listed in UDC l 1-3 C-6B.1. Pathways{UDC 11-3A-8]: The Pathways Master Plan depicts a scgrnent of the City's multi-use pathway system along the north side of the Five Mile Creel:; and along the north and a short portion of the east side of the Quartet Northeast property. The Applicant proposes to construct an off-site 10-foot wide multi-use pathway along the north side of the Five Mile Creek and a detached 10-foot wide sidewalklmulti-use pathway along the east side of the collector street (N. Joy Way),north of the creek,to the north boundary of Quartet Northeast per discussions with the Park's Department. Legal descriptions for the pathway alignments(14-feet wide) Page 10 Page 271 Item#10. should he submitted to the City in order for the pathways to be added to the City's Master Pathways Agreement. The pathway proposed on NMID's property will require a license agreement with NMI❑ for the pathway and associated landscaping required by UDC 11-313-12C. The UDC(11-313-12C)requires a 5-foot wide landscape strip to be provided along each side of the pathway,landscaped with a mix of trees,shrubs,lawn,and/or other vegetative groundcover.A minimum of one trees is required per 100 linear feet of pathway; the calculations table included on the landscape plan does not include the linear feet of pathways or trees proposed to demonstrate compliance with this requirement—the revised plan submitted with the final plat application should include this information. If NMID does not approve the pathway and associated landscaping to be located on their property, the pathway should be provided in a minimum xd-foot wide common lot within Quartet Northeast subdivision within a 14-foot wide public pedestrian easement. Staff recommends pedestrian pathways are provided from the internal sidewalks along Miramente Ct. and Miramente Dr.through adjacent common areas to the multi-use pathway along the Five Mile Creek; and micro-pathways are provided through Lot 14,Block 4 and Lot 7,Block 3 for pedestrian interconnectivity within the subdivision. All pathways shall be constructed in accord with the standards listed in UDC 11-3A-8 and the Pathways Master Plan. Sidewalks(UDC 11-3,4-1 The UDC(113A-17)requires,at a minimum,detached sidewalks to be provided along arterial and collector streets and attached sidewalk to be provided along local streets. Detached sidewalks are proposed along all internal streets,except around the cul-de-sacs, and within the street buffer adjacent to N. Black Cat Rd. and San Remo St.X Joy Way in accord with the standards listed in UDC 11-3A-17. Parkways (UDC 11-14-171: Eight-foot wide parkways are proposed adjacent to all streets where detached sidewalk are proposed; all park-ways are required to be constructed in accord with the standards listed in UDC I 1-3A-17. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to N. Black Cat Rd.,an arterial street;and a 20-foot wide street buffer is required adjacent to San Remo SUN.Joy Way, a collector street, landscaped per the standards listed in UDC 11-3B-7C,as proposed. Parkways are required to be landscaped in accord with the standards listed in UDC 11-3A-17 and l 1-3B- 7C. Landscaping is proposed in accord with UDC standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C as discussed above. Common open space is required to be landscaped in accord with the standards listed in UDC 11-3G-3E. Landscaping is depicted in common areas in excess of UDC standards. There are existing trees on the site around the existing homes that are proposed to be retained that may require mitigation if removed.The Applicant should coordinate with Matt Perkins,the City Arborist,to determine mitigation requirements per the standards listed in UDC 11-36-10C.S if existing trees are not proposed to be retained on the site.Any mitigation information shall be included in the calculations table on the landscape plan. - - Page 1 l Page 272 Item#10. If the unimproved right-of-way is 14 feet or greater from the edge of pavement to edge of sidewalk or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-3114C.5.A license agreement for improvements within the right-of-way is required between the property owner and ACHD. Qualified Open Space(UDC 11-3 : A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required to be provided with development. Based on the area of the Quartet Northeast plat(66,52 acres),a minimum of 6.65 acres of qualified open space should be provided. A total of 7.6 acres for 11.5%)is proposed.in excess of UDC standards consisting of half the street buffer along the arterial street(N. Black Cat Rd.),all of the street buffer along the collector street(N. Joy Way), internal linear open space and common areas exceeding 50' x 1 Ob' in area. Based on the area of the Quartet Southeast plat(19.92 acres),a minimum of 1.99 acres of qualified open space should be provided. A total of 3.4 acres for 17%) is proposed in excess of UDC standards consisting of half the street buffer along the arterial street(N. Black Cat Rd.), all of the street buffer along the collector street(San Remo SUN.Joy Way), and internal linear open space. Qualified Site Amenities(UDC 11-3 : A minimum of one(1.)qualified site amenity is required for each 20 acres of land to be developed as set forth in UDC H-3G-3. Based on the area of the Quartet.Northeast plat(66.52 acres),a minimum of three(3) qualified site amenities are required to be provided. A community swimming pool, a tot lot containing children's play equipment,one acre of extra qualified open space beyond the rrdniinum standards and segments of the City's multi-use pathway system are proposed in excess of UDC standards. Based on the area of the Quartet Southeast plat(19.92 acres),a minimum of one (1)qualified site amenity is required to be provided. An additional 1.41 acres of qualified open space beyond the minimum standards is proposed as a site amenity in accord with UDC standards. Because Quartet Northeast and Southeast subdivisions will develop as one and be under the same Homeowner's Association,and common open space and site amenities will be shared, Staff believes the proposed open space and site amenities are adequate for the development with the inclusion of the micropath connections as recommended above. Waterways(UDC 11-3A-67: The Creason Lateral runs across the eastern portion of the north boundary of Quartet Northeast subdivision in Lot 34, Block 4 within a 40-foot wide easement and is proposed to be left open. Because this area is included in the qualified open space calculations for the site,it should be landscaped per the standards listed in UDC i 1-3G-3E-no landscaping is depicted on the landscape plan for that area. The Five Mile Creek is contained within land owned by NMID that lies between the two proposed preliminary plats. The creek should be protected during construction. A portion of the site is within the Five Mile Creek floodplain in an approximate (A)zone which will require a floodplain permit application,including hydraulic and hydrologic analysis to define base flood elevations and a floodway prior to any development occurring in the overlay district-contact Jason Korn,Public Work's,with any questions. Fencing(UDC 11_ 3A-7]: All fencing is required to comply with the standards listed in UDC 11-3A-6C and 1 I-3A-7. Fencing is proposed as shown on the landscape plan. Page 12 Page 273 Item#10. Six-foot tall solid wood fencing is proposed along the perimeter boundary of the site and along side yards adjacent to the street; and 5-foot tall clear vision fence is proposed adjacent to most internal common open space areas. To provide more visibility of the common area on Lot 34, Block 4 where the Creason Lateral is located,Staff recommends fencing adjacent to the common lot complies with the standards listed in UDC 11-3A-7A.7. The Creason Lateral is required to be fenced with an open vision fence at least G' in height and having an 1 I-gauge, 2" mesh or other construction,equivalent in ability to deter access to the waterway. If the Applicant can demonstrate to the satisfaction of the Director that the waterway serves as or will be improved as a part of the development to be a water amenity as defined in UDC I1-1A-1, it is not required to be fenced per UDC I1-3A-GC.If it's improved as a water amenity, construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho shall be submitted to both the Director and the authorized representative of the water facility for approval. Staff recommends a break in the fence is provided on the south side of Lot S, Block 5 adjacent to the Five Mile Creek for pedestrian access to the multi-use pathway. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practice as adopted by the City. Irrigation: Underground, pressurized irrigation water is required to be provided for each and every lot within the development in accord with MCC 9-1, Water Use and Service. Irrigation water will be provided from the Nampa& Meridian Irrigation District. Building Elevations(UDC I1-3A-19 I Architectural Standards Maneral]: The Applicant submitted several conceptual Building elevations for the proposed single-family detached homes planned to be constructed in this development which are included in Section VIII.F. Homes depicted are a mix of I-and 2-story units with building materials consisting of a variety of siding styles with stone/brick veneer accents. No elevations were submitted for the non-residential/commercial portion of the development as no development is proposed at this time. Because 2-story home elevations that face arterial and collector streets are highly visible,Staff' recommends as a provision of the DA that the rear and/or side of structures on lots that face N. Black Cat Rd.,an arterial street,and San Remo St./N.Joy Way,a collector street,incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-hacks,pop-outs), bays, banding,porches, balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street.Single-story structures are exempt from this requirement. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the swimming pool facility and the non- residential/commercial portion of the development. Design of these structures is required to comply with the design standards listed in the Architectural Standards Manual. Design review is not required far single- .f mi4,detached homes, V11. DECISION A. Staff': ff the City Council determines extending the MDR FLUM designation further to the east as proposed is appropriate, Staff recommends approval of the requested annexation and zoning with the requirement of a Page 13 Page 274 Item#10. Development Agreement and approval of the requested preliminary plats with the conditions noted in Section IX.A per the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on June 18,2020, At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests, 1. Summary of Commission public hearing: a. In favor_ Mike Wardle, Brighton Carp. [Applicant's Representative): Jon Wardle, Brighton CoM. b. In opposition: None C. Commenting: None d. Written testimony: Carrie Hovey e. Staff p esenting_application: Sonya_AIlen f. Other Staff commenting on application: None 2. Key issue of public testimony: a. Concern pertaining to traffic&safety of existing 2-lane roadways and the amount of development occurring in this area which is worsening the situation and impact of more development on area schools—would like these applications to be rejected or at least postponed until road infrastructure and schools can be prel2ared to handle the additional impacts. 3. Key issue(s)of discussion by Commission: a. Concerns pertaining to growth and traffic and the adequacy of existing infrastructure to handle more development until improvements are made in this area, b. Theoption of requiring the noise/odor study to be complete rior to development of Phase 3 to determine if residential uses are appropriate in the area current MU-NR designated area. 4. Commission change(s)to Staff recommendation: a. Modification to condition#B 1.2 to require the water main in N. Joy Way to continue south through Quartet SE to provide a 2nd connection out to Black Cat Rd. with the 2nd phase of development, instead of the ist phase,as recommended by Staff. 5_ Outstanding issue(s)for City Council: a. None C. The Mgii"n Cit-Y&-ouuci -kar-d>:h=itgmsQu-191 k�e u lip Mean the CQttrt61 umved to 4 .rove the sub' t AZ and PP regweests. L— ��t��the-Clay�untwilgta�he�,ri>t�. a Mayor:Mike Mee and JwLV ardle3_�ri t on Corgi b, In opposi_tinn_None — -- �, ->,unentin�eni��er t Written testimony: Mike Wardle,Brighton Corp.(in agreement with the Convnis5ldn t' wmendation). z Staff ffRresenting pnlicaAQPu-SQny&Aden t e_r—St-aff-c-Q tn_JentingvoR=Iicati4m male oLtliuse•QW �, K�v_i�u�[�o#'otr�li�t�timQux� a. OpInIpathatit'smot aanrogiate In-approye_Gta on WAQula-dgyglopmCnt]plan . b. Testimony from Hale Bolthouse that only 4 complaints have been received in the last 5 7 T rm:� _ 1�' - C ld��lt� non q an offensiY �o1 r - as ewater treatment flit -, 3_ Key issue(s)of discussion by City Council: �Q� cit eau sled axrv*Qi fs n�taa fxur�Px�ic�x in�� _up-ymminAmdox "dY: Page 14 Page 275 Item#10. b, C-Quoui mrlabAug tcz�aval sl resi n�ti �Eisen�> �I l 1yRs i t d � Phmm 3 priorto-Qbtaining. updated—odor. ttu r to dcluminc if rcsicIcnU ems_s are anDrronriate in that area: e P� Cr�11$1I1�1L��R�t ��9aIlQLrS1 ��1��Y _ nl�L Citv has the a il'tvt+_to restrict residential Les and possibly other uses i th-c M I-NR designated area if the odor study reflects a sia sigttificant impact on this area: Concern of allQw-Ejig C-G.zoning,without a gn�eDtttal d�Y l en#.r�lart.;ih�wing_h4W the lot is to be developed. _City Council c1}ones to Cornrni4ipn recomme adation: a. An odor s udy i is d tQ bc-conu-cted_by-the City io to_ yeiop e ►to[PPc determine_if residential uses are approp_ -ate in the-1VMU-NR de�i�nated area: if et rmined t�2ot}ea nn=dateTa mmodi fi a i wt t t-eD.��ta he required to amen the dev-elopmentD1an for that_area..{ ca-new DA.provisim A-1 b k Modify DA provision#A.1 f to reguire the DA to be modified to include a conceptual d.Cy-e1 17n� 1 �# r the T . Page 15 — Page 276 Item#10. VIII. EXHIBITS A. Record of Survey for Property Boundary Adjustment in Ada County(#at-Approvedyecorded) x = rIN 1 , , LJ e " C _ \� ■ Vpt 4 = k �r 6 It Ill 3-1 a ` � - --4- _ 1I Page 16 Page 277 Item#10. B. Annexation Legal Description & Exhibit Map Quartet Northeast: lam 9233 WEST STATE STREET I BOISE,ID 83714 l 209-639,6939 1 FAX 208.B9.6910 April 10,2020 Project No.19-010 Exhibit A Legal 0ascription for Anneitation Quartet Northeast A parcel of land situated in a portion of the South 1/2 of the Northwest 1/4 of Section 34,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a brass cap marking the Northwest corner of said Section 34,which bears N00'27'24"E a distance of 2,631.60 feet from an aluminum cap marking the West 1/4 corner of said Section 34,thence following the westerly line of said Northwest 1/4,SOO'Z7'24"W a distance of 1,315.80 feet to the North 1/16 corner of said Section 34 and Section 33 and being the POINT OF BEGINNING. Thence leaving said westerly line and following the northerly line of said South 1/2 of the Northwest 1/4,589'26'06"E a distance of 2,647.62 feet to an aluminum cap marking The Northeast corner of said South 1/2 of the Northwest 1/4(C-N 1/16 corner); Thence leaving said northerly line Fnd fallowing the easterly line of said South 1/2 of the Northwest 1/4, S00'43'47"W a distance of 1,323.39 feet to a 5/8-inch re bar marking the center of said Section 34; Thence leaving said easterly line and following the southerly IIna of said Northwest 1/4,N89'16'14"W a distance of 1,129.66 feet to the centerline of Frve Mile Drain; Thence leaving said southerly line and following said centerline the following eight (8)courses: 1. N38"17'55"W a distance of 133.84 feet; z. N46'51'55"W a distance of 134.69 feet; 3. N73'28'41"W a distance of 107.91 feet; 4. N79'57'O1"W a distance of 2O2.45 feet; S. N77'05'23"W a distance of 117,20 feeet; 6. N79`O5'4O"W a distance of 326.25 feet; 7. N78'22'23"W a distance of 307.52 feet; S. N78'15'35"W a distance of 100,49 feet; Thence leaving said centerline,1\100'27'24"E a distance of 235.72 feet; Thence N89'32'36"W a distance of 195.00 feet to the westerly line of said Northwest 114; Thence following said westerly line,NOO`27'24"E a d+stance o€664.43 feet to the POINT OF aEGINNIMG. Said parcel contains a total of 68.735 acres,more or less. S Attached hereto is Exhibit 6 and by this reference is hereby made a part of. .e 12459 a OF rV L. S�Lb `f to ENGINEERS I SURVEYORS I PLANNERS Page 17 Page 278 Item#10. a a w n � Z N �z m m Td uell!W�W'M Ia �d q wino 0 5 w A w 4 s F L�r] �yy� 'm ro oin w 0 zm z 0 0 U I n ui o"4d r SZv�4o� T- D UI* o 0 s a o �i � ro M ry cn ad �� u R x m zh a Z9'Z"Z 3.90,89.88S C � m O V! ' op min m n m m n� x 4 m w C oIr M8 w ono a o� W a i rD m am w p 7 Z C� mt mm N a m Qj -; a cDi n 4N x~ Ncq �Q O rfl 2 rLr�n 1� b rri. „� �p L p Q 1+i 7 7 W aJ Z U f I9 d 7n--, Z N o ptl� C sr�}� V 4GL! lam. iQi 1] U N � Lf N X N �i 882 2 0 fin_ cn p O{eyY in a o q ru d j x u n ol a n d Lu a n !V oul ,99'6Z V 1 IIJ 0 k.68N m M° Vs MT Ln � 8_ o Page 18 Page 279 Item#10. Quartet Southeast: km 9233 WEST STATE STREET I 80ISE,083714 f 209.639.6939 1 FAX 208.639.6930 April 10,2020 PrajeCt N0.19-010 Exhibit A Legal Description for Annexation and Rezone to R-8 Quartet Southeast A parcel of land situated in a portion of the North 1/2 of the West 1/2 of the Southwest 1/4 and a portion of the South 1/2 of the Northwest 1/4 all in Section 34,Township 4 N art h,Range 1 West,60ise Meridian.Ada County,I d a h a and being more particularly described as follows: BEGINNING at an aluminum rap marking the West 1/4 corner of said Section 34,which bears S00"27'24"W a distance of 2,631.60 feet from a brass cap marking the Northwest corner of said Section 34,thence following the westerly Sine of said Northwest 1/4,N00°27'24"E a distance of 450,24 feet to the centerline of Five Mile Drain; Thence leaving said westerly line and following said centerline the fallowing nine t9�courses: 1. SSYS3'03"E a distance of 33.19feet; 2. 578°15'35"E a distance of 265.65 feet; 3. S78'22'23"f a distance of 307.52 feet; 4_ $79°0540"E a distance of 3 26.2 5 feet; 5. 577"05'23"E a distance of 112.20 feet; 6. 579°SrO1"E a distance of 202.45 feet; 7. 573°28'410E a distance of 107.81 feet; 8. S46°51'5VE a distance of 134.69 feet; 9. 538'17'S5"E a distance of 133.84 feet to the southerly line of said Northwest 1/4; Thence leaving said centerline and Fallowing said southerly fine,N89'16'14"W a distance of 191.01 feet to a 5/8-inch rebar marking the Northeast corner of said West 1/2 of the Southwest 1/4(C-W 1/16 corner); Thence leaving said southerly line and-1 all low ing the easterly sine of said West 1/2 of the Southwest 114, SW35o24"W a distance of 25.93 feet; Thence leaving said easterly line,60.97 feet along the arc of a circular curve to the left,said curve having a radius of 517.00 feet,a delta angle of 06`45'23",a chord hearing of 547'09'17"W and a chord distance of 60.93 feet; Thence S43'46'36"W a distance of 306,45 feet; Thence 423.64 feet along the arc of a dreuIar curve to the right,said curve having a radius of 520.00 feet,a delta angle of 46°40'43",a chard bearing of 567°06'57"W and a chard distance of 412.42 feet; Thence N89"32'41"W a distance of 589.03 feet; Thence S45°27'19"W a distance of 29.19 feet; Thence SOW27'12"W a distance of 79.36 feet; Thence N89'32'48"W a distance of 78.00 feet to the westerly line 0(said Southwest 1/4; Thence following said westerly Ilne,NCO°27'12"E a distance of 560.22 feet to the POINT OF BEGINNING. Said parcel contains a total of 22.26 acres,more or less.' c Attached hereto is Exhibit 8 and by this reference is hereby made a part of. o, ul 12459 x ENGINEERS I SURVEYORS I PLANNERS Page 19 Page 280 Item#10. 28 2? W. McMillan Rd. 33 34`FOUND BRASS CAP NORINWEST CORNER SECTION 34 ❑ 125 250 500 N Scale: 1"=25Q' Unplatted S83'53.03'E 33.19' 1 S7615'35"E _cv 265.65' S78-22'23"E 307.52' S79105'40°E ~ �e 325-25' S77'05'23'E caw r)t@Iljl)e FiV 112.20" S79'57'01'E e Mile Drain 202.45• ¢ 573'28.41'E 107.81' QLn ¢ 54551'55 E 51434233920 134.69' POINT OF BEGINNING 538'17'55"E FOUND ALUMINUM CAP 133.84' 33 WEST 1/4 CORNER SECTION 34 34 — Annexation Area: 22.26±AC. c3 N89.16'14W Current Zoning: RUT 191.01, Proposed Zoning: R-8 c-w 1/16 50434325850(Partionl tar 50434234020(Portion) CORNER#5° ' SECTION 34 w+ m ry 3 S45.27'19'W on to 2919' lUnplatted w N59'32'41'W 589.03' S00'27'12W 78.35' N89'32'48'W 7&00• Unplatted FOUND ALUMINUM CAP SW CORNER SECTION 34 33 34 T.4N., R.1w.W. McMillan Rd. 4T 3 T.3N.. R.tw. `4V,pL LAND LEGEND c,5��Gls FOUND BRASS CAP FOUND ALUMINUM CAP l 12459 Q 5/8—INCH REBAR A CALCULATED POINT --f 9T£ DE ANNEXATION & REZONE ROUNDAfiY FNG&E[IRS.SV9V€1'ORS-PIAWNCR5 — — SECTION LINE 8733 WEST STATE STREET BOISE.IDAHO83714 PHONE(209)639-69311 FAX 1209)639.6930 Exhibit B Annexation and Rezone i]ATF: Apr{f:020 PROJECT: SHEET: Quartet Southeast Subdivision 1 OF 1 N1/2 W1/2 SW1/4 & 51/2 NW1/4 Sec. 34, T4N, R1W, B.M., Ada Courity, ID Page 20 Page 281 Item#10. City Lift Station Lot: lum 9233 WEST STATE STREET I 301SE.0 83714 1 208.639.6929 1 FAH 2O8.639.6930 April 20,2020 Project No.19-010 Exhi bit A Legal Description for Annexation and Rezone to R-8 City of Meridian Parcel A parcel of land situated in a portion of the Southwest 1/4 of the Northwest 1/4 ail in Section 34, Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as follows; Commencing at a brass cap marking the northwest corner of said Section 34,which bears N00°27'24"E a distance of 2.631.60 feet from an aluminum cap marking the west 1/4 of said Section 34,thence following the westerly line of said Northwest 1/4,S00'27'24"W a distance of 1,980,23 feet to the POINT or BEGINNING. Thence leaving said westerly line,S89'32'36"F a distance of 195.00 feet to a 5/8-inch rebar; Thence S00'27'24"W a distance of 236.72 feet to centerline of Five mile Drain; Thence following said centerline,N78"15'35•'W a distance of 165.16 feet; Thence following said centerline,N83°53'03"W a distance of 33.19 feet to the westerly line of said Northwest 1/4; Thence leaving said centerline and following said westerly line,N00'27'24"E a distance of 201.13 feet to the POINT OF BEGINNING. Said parcel contains a total of 0.974 acres,more or less. Attached hereto is Exhibit 9 and by this reference is hereby made a part of. Nil a 12459 0 14 4-1 •2-0-ZDz7 ENGINEERS ' SURVEYORS I PLANNERS Page 21 Page 282 Item#10. 28 27 W._Mc_Mi11an Rd. 33 34 POINT OF COMMENCEMENT N FOUND BRASS CAP NW CORNER SECTION 34 0 ra 0 50 100 200 la CV Soule: 1"=100' 0 N POIN7 OF BEGINNING S89'32'361 195,00' 2'q LEGEND FOUND URASS CAP FOUND ALUMINUM CAP Piei O & 5/6—INCH REEIAR n n rExat�o 3AL��$lP°TVk A CALCULATED POINT ¢to AID �vo:. �.S ANNEXATION & REZONE a b��QR3A en�Z0 on� o BOUNDARY LN?.&I5,35-w N6�53'03-W 3� FIVe Mlla? "v N m � v 4 LpL LAND 12459 33134 s1 qkin rF • '-,_NESTOT ALUMINUM CAP SECTION 34 q'PpN D A��Q4 ENGINEERS.SURVEYORS.PUWNERS �,f 7 9133 WEST STATE 5TfiEET f- U� 9O1SE,IDAHO83714 PHONE I2481639 G939 Fn<czoas�l�v3n Exhibit B Annexation and Rezone to R-8 ❑ATT Apr"?W0 PROJECT; 19-010 SHEET: City of Meridian Parcel -4130 N. Black Cat Rd. 1 ❑F 1 SW 1/4 NW 1/4 Sec. 34, T4N,, R1W., B.M., Ada County, Idaho Page 22 - Page 283 Item#10. C. Preliminary Plat(date: 1/31/2020)& Phasing Plan Quartet Northeast: QUARTET TiDRTHEAST 5UBU1V151UN PRE LI1NNANY PLAT ter•r I.W1I lip 1)yW,%IIwFoaP4T"IWl,ln le;NlWfftIxrW11111F"p,-*lnaby11 ;��-•.w 1 _ Sow v"v I I101n1 M 4i 1'r/�,cm P iiuo"MM�n.GANG rw L. 4 QD � 4 II I — Page 23 Page 284 Item#10. � 1I�L y s Q I j . 5-1 Y Imo. r ag � e r� , r p p r 'csSE]4i a16i�G5i 3iL c R — � �� p'^ � � i�"ilS�':rLwrtL•l�ri.ai'S�_.s:Ty.—. ■ ;n K > 1 a IL ■ 8 ! ! 4in 94 ! 9 ■i/. A a Jt 1p r • N� v • i1 a ''�•r.. rr.� e9 _Il 7 r Page 24 Page 285 Item#10. i + R4 �.l '111111Ri��wRS"ILfi.'N4V� Quartet Southeast: QUARTET SOUTHEAST SUII(XVISION PRE MM3NARY PLAT Awul:.r!ar uxavinATec IN wRHax Ir nr aourH!fr OF rHI IICR1NwrsT tIs } + MID KAMOM OfIHf Wnl 1flOY IHf SOW nWL41 US Of SKT;O%jt iT7A%GHl0-a i - =imw al-rx Ila ---Z--z V- - Page 25 Page 286 Item#10. -L - a+r rm m.mrrsr si.�orn�r — QD ij AL Page 25 Page 287 Item#10. Phasing Plan: .......... 4 K k TI -4 J- ... ....... AL A IL IIIIIIIIIIIIIIIIIIIIIlililljl V71 --Z ZAX 4; Page 27 Item#10. D. Landscape Plan (date: 1/30/2020) Quartet Northeast: VIOi ORO { _ E +P • FU_ L �. - h I AfiM[�i RAN - wU Page 28 Page 289 Item#10. • ---- — —..—..—..—.. _ maw _ .....- . . . ......................... _ -- i f i e ' aurm�■og D,Lti canna+••-•,• Quartet Southeast: S - V z ti jo I BRJUHTON t[M-YfU�I.GMl1L-I�MR - Page 29 Page 290 Item#10. 1 F �� y_ •. 5e��1VAYnA .• �+� Mw -------------- rMw T_•.';'.Y"'- �-irJs/LY.6R�,t'- i��t]C��J.�l.-.7 L'Z'.« p_ _ ■Y.C--LJ��R4#..niter ~ ea ri nn y �� __ au�A,n sauau�aneaNs�ar 0 - - low INWI iji . • - /I rooms+ r_ �i r:; s4'� aura;:,murnw7 su�enw _. uwosu.r4 nsn �r'�rs:�iaiw3�r�e� �'�� •Aca"'' o �� nuc Page 30 — Page 291 Item#10. E. Qualified Open Space Exhibit(dated: 6/11/2020) Quartet Northeast: ii QUARTET NORTHEAST SUBORMSIM OrP*N SPACE E%HIEV 7sKi'.•L+:+t� ._ wmrrr swc�.eo. WEEK MID.— Quartet Southeast: QVARrETSOL"HEAST SU 001 VISIO"MN SPACE EKH181T x4 % MINE n� MON— i Page 31 Page 292 ! C ! LA a r l Rams urn ■ __— �` + BRtG HT{} t + BRIGHTON AnrEr - a F1 I •1 J:L ...� Li • :- BRI( i f"t'c) BRIGHTON T j.� TTTICA11F3SYAS'DDIf.� '[ 7cT1lC1L IItYA ot or 21* �r BRIGHTON , + BRIGHTON Item#10. IX. CITYIAGENCY COMMENTS & CONDITIONS A. PLANNING❑IVISION l. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. this The ❑A shall,at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, phasing plan,landscape plan, qualified open space exhibit and conceptual building elevations included in Section VIII and the provisions contained herein. b. The existing homes that are to be retained on lots in the proposed subdivision are required to disconnect from private systems and hook up to City water and sewer service within 60 days of such services becoming available as set forth in MCC 9-1-4 and 9-4-5 respectively. Existing wells may be used for irrigation purposes only. c. The existing homes to be retained on lots in the proposed subdivision will be assigned new addresses with subdivision of the property. d. The Five Mile Creek shall be protected during construction. e. No residential uses shall be developed on the non-residentiallcommercial.C-G zoned lot on the east side of the collector street(depicted as Lat 1 Block 14 on the preliminary 1&t , including but not limited to,a multi-family development,a vertically integrated residential project,and/or a nursing/residential care facility airless a subsequent Noise affd Odor Study conducted by the City determines residential uses are appropriate in that area. f. The Developer shall coordinate with the City Park's Department prior to development of the non-residentiallcottunercial lot L de-t ed as.Lot I"Bloc 1 n the grelimirta lad on the east side of the collector street(N.Joy Way)to determine if a City Park is needed in this area as designated on the Comprehensive Plan. TheD_e_VftU=tAg=mCnt shall be amended to include a conceptual development plan for that area prior to any development occurring on that lot. g, The rear and/or side of structures on lots that face N. Black Cat Rd.,an arterial street,and San Remo St./N.Joy Way, a collector street, shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs), bays, banding, porches,balconies, material types, or other integrated architectural elements to break up monotonous wall planes acid roof lines that are visible from the subject public street. Single-stofy structures are exempt fi-om this requirement. h. Quartet Northeast and Southeast subdivisions shall develop and be phased as one project and shall be included in the same Homeowner's Association;all common open space and site amenities between the two subdivisions shall be shared. i_. An odor study shall be conducted by the City prior to development of phase 3 to determine if r.�5idential uses�r�apJ7rtzRriat�]atl]�M��1�I r�a.i£�.��rmined to nQt be�pr_czpxiat�. Page 33 Page 294 Item#10. a-modt5mim_tQ tl:D_e_w � r� tneilt hall be renuir to amend tk�� Yels�]zment�� &-that arm ?_ The final plat(s)submitted for this development shall incorporate the following: a. Include a note stating direct lot access via N. Black Cat Rd. and San Remo SUN.Joy Way is prohibited. 3. The landscape plan submitted with the final plat application shall be revised as follows: a. Add pedestrian pathways from the internal sidewalks along Miramente Ct. and Miramente ❑r. through adjacent common areas to the multi-use pathway along the Five Mile Creek; provide breaks in the fence where necessary to provide a connection. AIso provide micro-path connections through Lot 10,Block 4 and Lot 7, Block 3 for pedestrian interconnectivity within the subdivision. b. Landscaping shall be depicted on either side of all pathways as set forth in UDC 11-3B-12C. Calculations shall be included for the linear feet of pathway and the required vs. provided number of trees in the Calculations table. c, If any existing trees are proposed to be removed from the site, the Applicant shall schedule an inspection with the City Arborist, Matt Perkins,prior to removal of any such trees to determine mitigation requirements in accord with the standards listed in UDC I 1-3B-10C.5. Mitigation information shall be included in the calculations table on the plan if applicable. d. If the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC i 1-311-7C.5. A Iicense agreement for improvements within the right-of-way is required between the property owner and ACHD. e. Depict fencing adjacent to the Creason Lateral as set forth in UDC I I-3A-6C.3 in order to preserve public safety unless the waterway is proposed to be improved as part of the development to be awater amenity. In such case, documentation shall be submitted as set forth in UDC I I-IA-1 and 11-3A-6C.2 for approval by the Director. f. The location of site amenities shall be depicted on the plan; a detail shall be submitted for the children's play equipment. g. Depict landscaping in Lot 34, Block 4 in accord with the standards Iisted in UDC 11-3G-3E. h. Depict fencing an Lot 34.Block 4 where the Creason Lateral is located per the standards listed in UDC 11-3A-7A.7 to provide more visibility of the common area. i. Depict a 6-foot tail open vision fence having an 11-gauge,2 inch mesh or other construction equivalent in ability to deter access to the Creason Lateral on Lot 34,Block 4 in accord with the standards listed in UDC I 1-3A-6C.3 unless the waterway is proposed to be improved as part of the development to be a water amenity. In such case,construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho shall be submitted to both the Director and the authorized representative of the water facility for approval. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables I l-2A-6 and 11-2B-3 for the R-8 and C-G zoning districts respectively. 5_ The bridge across the Five Mile Creek and the gravel fire access road from Black Cat Rd. in the location where the collector street is proposed shall be constructed for emergency access for any development over 30 homes/lots as approved by the Fire Department. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table I 1-3C-6 Page 34 Page 295 Item#10. based on the number of bedrooms per unit. 7. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing,building envelope,and orientation of the lots and structures accessed via cominon driveways; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. 8. Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. 9. A perpetual ingress/egress easement shall be tiled with the Ada County Recorder for the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 1 I-6C-3D.8. A copy of said easement shall be submitted to the Planning Division with the final plat for City Engineer signature; or,this information may be included on the face of the plat. 10. A Type III barricade shall be placed at the intersection of N.Joy Way and Grand Rapids Dr. to prevent access until the street is extended in the future; the construction drawings shall be revised to include this change. As an alternative to a barricade, a Fire Dept. approved turnaround could be provided at the end of the collector street instead. 11. All existing structures that don't comply with the setback standards listed in UDC l 1-2A-6 shall be removed from the site prior to signature on the final plat by the City Engineer for the phase in which they are located. 12. A 14-Foot wide public pedestrian easement shall be submitted to the Planning Division for the I0-f'oot wide multi-use pathways proposed within the site that are not located within right-of-way,prior to signature on the final plat by the City Engineer. 13, The existing access via Black Cat Rd. for the home proposed to remain on Lot 2, Block 1, Quartet Northeast subdivision shall be removed. 14. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the swimming pool facility in the residential portion of the development, and for all non-residential/commercial. uses. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Applicant to ensure that the depths of the sanitary sewer allows for service of the property to the SE of Quartet Northeast per the Meridian Wastewater Master Plan. 1.2 The water main in N Joy Way(furthest east road)should be a 12-inch. Also,the water main in N Joy Way will need to continue south through Quartet Southeast to provide a second connection out to Black Cat Road with the fifst second phase of the development. 1.3 Consider eliminating the short dead-end water main in the cul-de-sac off of Exeter Avenue and Capriana Drive, instead install three services to the three cul-de-sac homes off the mainline in Capriana Drive. 1.4 From the preliminary investigation of groundwater elevation provided in the application,it appears that shallow groundwater maybe a factor with the development of this subdivision. Additional monitoring and analysis shall be required to ensure that homes constructed within this development do not encounter groundwater within their crawl spaces. Updated data and recommendations from a geotechnical professional shall be required with the submittal of construction design drawings. Page 35 Page 296 Item#10. 1.5 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District,a Floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 2. General Conditions of Approval—Quartet Northeast& Quartet Southeast 2_l 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 casement 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 1 1"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be scaled,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. ?A The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible:reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals,or drains, exclusive of natural waterways, intersecting,crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC I 1-3A-6. In perforn-ing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 17 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. Page 36 Page 297 Item#10. 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 he 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 1 1-5C- 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 I 1-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/Pub/ic 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?3The 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 Page 37 Page 298 Item#10. 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. R E DEPARTMENT Northeast: hops:llweblink.meridiancity.orglWebLinklDocView.gx x?id=187210&dbid=O&repo=Mer_idianCity Southeast: h yps:Ilweblink.meridiancity.org1WebLink1DocView.aspx?id=187211&dbid=0&repr�=MeridianCity Phasing: https:Ilweblink.meridiancity,orglWebLinklDoc View.aspx?ia--187133&dbid=0&rep0=MeridianCity D. POLICE DEPARTMENT https:llweblink.meridiarzcity.orglWebLiizk/DoeView.aspx?id=187674&dbid=0&repo=MeridianCity E. PARK'S DEPARTMENT Northeast: htWs:llweblink,mer•idianctty.orglWebLinklDocView.aspx?id=19021 b&dbid=11&repo=Meridian City Southeast: No comments were submitted F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) Northeast: https:lltiveblink.meridiarzcit}�.orglWebLinklDoeVieu-aspx?irl 188456&dbid=0&repo=MeridianCrt_y Southeast: https:llweblink meridianclty.orglWebLinklDoc Hem gWx?irk 188457&dbid=O&repo=Meridian Cit_v G. ADA COUNTY HIGHWAY DISTRICT(ACHD) hops:IAweblinkmeridiancity.org1WebLinklDoc View,gWx?id 189173&dbid=O&repo=Meridian City H. NAMPA& MERIDIAN IRRIGATION DISTRICT(NMID) Northeast: htlps:Iliveblit?k.nzez-idiarrc•ih'.orglWebLirzklDocYaew.asp.C?id 188676&dbid=0&repo=MeridianCW Southeast: htWs:llweblink.meridiancity.orglWebLinklDoc View.aspx?id=188675&dbid=0&repo=MeridianCiU 1. CENTRAL DISTRICT HEALTH DEPARTMENT Northeast: https:llweblink,meri&ane jty.orglWebLinklDoc View.aspx?id=187425&dbid=0&repo=Meridian City Southeast: httus:11weblink,meridianeim orglWebLinklDoeView.aspx?id=187427&dbid=0&repo=Meridian City J. IDAHO TRANSPORTATION DEPARTMENT(ITD) Northeast: https:llweblink.meridiancity.org1WebLink1Qoc View.gwx?id 189529&dbid=0&rep0=Meridian0t_y Southeast: Page 38 Page 299 Item#10. lrtlps:Ilweblink.rneridianciti o►19'ebLink1DocView.asp_r?id=189614&dbid=0&repo=MeridianCO3 K. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) Northeast: httus:Ayeblinkmeridiancily.orglWebLink/DoeVie►r�.y&.y?id 187575&dhid=0&rWo=MeridianCitj, Southeast. lrtllrs:/Iweblink.rrret icliurtcih.orglWeULrnlJDoc Uieit.a.spx?id=157574&dhid=0&repo=Mel idiarrCitv X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: l. The map amendment Complies with the applicable provisions of the comprehensive plan; The City Councilfinds theproposed zoning map amendment to R-8 dr GG and proposed development is generally consistent with the Comprehensive Plan and is appropriate with an extension of the MDR FLUM land use designation to the collector street as proposed if the Applicant complies with the provisions in Section IX 2, The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed single-family detached homes will contribute to the range of housing opportunities in the Cink 3. The map amendment shall not be materially detrimental to the public health, safety,and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety,and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts;and The City Council_/finds the proposed zoning map amendment will not result in all adverse irrrpact on the delivery of'services by an),political subdivision providing public servicer within the City. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the hest interest of the Cio,if'the property is developed in accord with the provisions in Section IX. B. Preliminary Plat Findings: In consideration of a preliminary plat,cam bined 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; The City Council finds that the proposed plat, with the Commission's recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, densi4,, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in. Section V of this report.for nrore h?formation.) Page 39 Page 300 Item#10. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit 3 of the Staff Report,for more detcrils,fro►n public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because Cite water and server cued anu other utilities will he provided by the development at their own cast, the City Council,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; The Citv Council finds there is public financial capability of supporting services far the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.). (See Section IX for more hifornzation.) S. The development will not be detrimental to the public health,safety or general welfare; and, The Cityy Council is not aware Uf am, health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety,issues in their analysis. 6. The development preserves significant natural,scenic or historic features. The Cite Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 40 Page 301 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: License Agreement with Settler's Irrigation to Allow City of Meridian to Cross Settler's Irrigation Southside Canal in Hickory Road Between Pine Ave. and Fairview Rd. Page 302 ADA COUNTY RECORDER Phil McGrane 2021-173581 BOISE IDAHO Pgs=10 DAN RYALLS 12/09/2021 10:43 AM SAWTOOTH LAW NO FEE IIIIIIIII IN III1111111111111 III III 11111111111111 0109489420210173531010fl106 LICENSE AGREEMENT This LICENSE AGREEMENT, is made and entered into this_I day of tX(Q ,2020, by and between SETTLERS 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 CITY OF MERIDIAN, c/o Public Works Department, 33 East Idaho,Meridian, Idaho 83642, hereinafter referred to as the"Licensee," WITNESSETH: WHEREAS,the District owns the irrigation ditch or canal known as the SETTLERS SOUTH SIDE CANAL(hereinafter referred to as"ditch or canal"),an integral part of the irrigation and drainage works and system ofthe District,together with the easement therefor to convey irrigation and drainage water,to operate, clean,maintain, and repair the ditch or canal, and to access the ditch or canal for those purposes; and, WHEREAS,the District operates,cleans,maintains,repairs and protects the ditch or canal for the benefit of District landowners; and, WHEREAS,the Licensee is the owner of real property/right-of-way for a water line that is servient to the District's ditch or canal and easement,and is particularly described in the"Legal Description"and/or deed attached hereto as Exhibit A and by this reference made a part hereof, and, WHEREAS, the ditch or canal crosses and intersects the real property described in Exhibit A as shown on Exhibit B, attached hereto and by this reference made a part hereof; and, WHEREAS,the Licensee desires a license to cross, encroach upon or modify said ditch or canal and/or the District's easement under the terms and conditions of this License Agreement; NOW,THEREFORE,for and in consideration ofthe premises and ofthe covenants,agreements and conditions hereinafter set forth,the parties agree as follows: A. Acknowledgment of the District's Easement 1. Licensee acknowledges that the District's easement for the ditch or canal includes a sufficient area of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch or canal,and to access the ditch or canal for said purposes,is a minimum of 50 feet,25 feet to either side of the centerline of the ditch or canal. LICENSE AGREEMENT - 1 B. Scope of License 1. The Licensee shall have the right to modify the ditch or canal or encroach upon the District's easement along the ditch or canal in the manner described in the"Purpose of License"attached hereto as Exhibit C and by this reference made a part hereof. 2. Any crossing,encroachment upon or modification of the ditch or canal and/or the District's easement shall be performed and maintained in accordance with the"Special Conditions"stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross,encroach upon or modify the ditch or canal and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or modification of the ditch or canal and/or the District's easement for the purposes and in the manner described herein. The Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement,nor perform any construction or activity within the District's easement for the ditch or canal except as referred to in this License Agreement without the prior written consent of the District. 4. The Licensee recognizes and acknowledges that the license granted this License Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this License Agreement shall be of no force and effect. C. Facility Construction,Operation,Maintenance and Repair 1. Licensee agrees that the work performed and the materials used in any construction permitted by this License Agreement shall at all times be subject to inspection by the District and the District's engineers,and that final acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 2. Each facility ("facility" as used in this License Agreement means any object or thing installed by the Licensee on,over or in the vicinity of the District's easement)shall be constructed,installed, operated,maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 3. Licensee agrees to construct,install,operate,maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; LICENSE AGREEMENT- 2 b. an interruption or interference with the flow of irrigation water in the ditch or canal or the District's delivery of irrigation water; C. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement to access, operate, clean, maintain,and repair the ditch or canal; f. any other damage to the District's easement and irrigation works. 4. The Licensee agrees to indemnify,hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 31, or any other damage to the easement and irrigation works which maybe caused by the construction,installation,operation,maintenance, repair, and any use or condition of any facility. The indemnification provisions contained in this License Agreement pertain to construction,installation,operation,maintenance,and repair and otherwise establish a duty owed by the Licensee to the District only,and this Agreement does not intend nor does it provide that this duty is owed to any other entity and/or person,and specifically this Agreement does not extend the duty of the Licensee to the public beyond the provisions of Idaho Code Section 36-1604,which are incorporated herein by this reference. 5. The Licensee shall,upon demand of the District,remove any facility or repair any alteration of the District's easement which interferes with the District's operation and maintenance of the ditch or canal, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.£, or any other damage to the easement and irrigation works. The District shall give reasonable notice to the Licensee,and shall allow the Licensee a reasonable period of time to perform such maintenance, repair, and other work,except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The District reserves the right to perform any and all work which the Licensee fails or refuses to perform within a reasonable period of time after demand by the District. The Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the Licensee or any third party against the District for failure to exercise the options stated in this paragraph,and the Licensee shall indemnify,hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph,except for claims arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The Licensee understands and agrees that the ditch or canal is a manmade channel that was constructed and is used and maintained by the District for the exclusive purpose of conveying irrigation water to lands within the District. As such,Licensee further acknowledges and agrees that the ditch or canal does not constitute a natural or navigable watercourse or stream. 2. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this License Agreement,nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works LICENSE AGREEMENT- 3 and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 3. Nothing herein contained shall be construed to impair the ditch or canal or the District's easement, and all construction and use of the District's easement by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch or canal for the transmission and delivery of irrigation water. 4. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the ditch or canal. The Licensee further agrees to suspend its use of the said easement areas when the use of the easement areas is required by the District for maintenance or repair under this or any other paragraph of this License Agreement. 5. In the event of the failure,refusal or neglect of the Licensee to comply with all of the terms and conditions of this License Agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure,plant,or any other improvement in or over the ditch, and the right of way therefor,which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of the ditch or canal shall be promptly removed by the Licensee upon demand of the District. E. Applicable Law and Jurisdiction Unaffected. 1. Neither the terms of this License Agreement,the permission granted by the District to the Licensee,the Licensee's activity which is the subject of this License Agreement,nor the parties exercise of any rights or performance of any obligations of this License Agreement, shall be construed or asserted to extend the application of any statute,rule,regulation,directive or other requirement, or the jurisdiction of any federal, state,or other agency or official to the District's ownership,operation,and maintenance of its canals,drains,irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this License Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's activity authorized hereunder,Licensee shall indemnify,hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District,this License Agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this License Agreement. F. Indemnification 1. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify,hold harmless and defend the District from any injury,damages,claim,lien,cost and/or expense (including reasonable attorney's fees)incurred by,or asserted against,the District by reason of the negligent acts or omissions of Licensee or its agents,contractors or subcontractors in performing the construction and activities authorized by this License Agreement. LICENSE AGREEMENT-4 G. Fees and Costs 1. The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for the District or by the engineers for the District in connection with the negotiation and preparation of this License Agreement. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this License Agreement,whether by institution of suit or not,the party rightfully enforcing or rightfully resisting enforcement of the provisions of this License Agreement,or the prevailing party in case suit is instituted,shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous 1. No Claims Created. Nothing in this License Agreement shall create or support a claim of estoppel,waiver,prescription or adverse possession by the Licensee or any third party against the District. 2. Assignment. Neither this License Agreement nor any agreement entered pursuant to this License Agreement may be assigned or transferred without the prior written approval of the Parties,which approval shall not be unreasonably withheld. 3. Amendment and Modification. Any amendment or modification of this License Agreement must be in writing and signed by all parties to be enforceable. 4. Interpreted. This License Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this License Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable,all remaining provisions of this License Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this License Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this License Agreement, and are not intended to be aids in interpretation of any provision of this License Agreement with respect to which the parties might disagree at some future time,and shall not be considered in any way in interpreting or construing any provision of the License Agreement. 5. Binding Effect. The covenants,conditions and agreements herein contained shall constitute covenants to run with,and running with real property of the Licensee described in 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. 6. Notices. Any and all notices, demands,consents and approvals required pursuant to this License Agreement shall be delivered to the parties as follows: Settlers Irrigation District See page 1 for Licensee LICENSE AGREEMENT - 5 P.O.Box 7571 Boise,ID 83707 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counten»arts.This License Agreementmay be executed and delivered in counterparts,each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF,the District has hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has caused its name to be subscribed by its duly authorized officer/agent,all as of the day and year herein first above written. SETTLERS IRRIGATION DISTRICT P By Its President ATTEST: Its Secretary y Robert E Sim son,Mayor AQapfi.ED AUGvs O� is c�Ily DIAN IoANo Av _.hris John. ,City Cl SEAL ec� aP O11he TR6PSv�� LICENSE AGREEMENT- 6 Item#i1. STATE OF IDAHO ) ) ss: County of Ada ) On this 7 day of G41� 2020,before me,the undersigned,a Notary Public in and for said State,personally appeared Ed Knight and Stefanie Keen,known to me to be the President and Secretary, respectively,of SETTLERS 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. otary Public or Idaho COMMISSIONN#30 S.BRYCE 30319 Residing at �Cll%h- daho NOTARY PUBLICC My Commission Expires:-'��o�� STATE OF IDAHO STATE OF IDAHO } )ss. County of Ada } On thho 16th day of November,2021 1,before me,the undersigned,a notarypublic in and for said state,personally appeared Robert E.Simison and Chirs Johnson , known to me to be the Mayor and City Clerk _, of CITY OF MERIDIAN,the entity that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WIlEREOF,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 CHARLENECOMMISSIONWAY Residing at Meridian, Idaho '`COMMISSIONfi739t) My Commission Expires: 3.28.2022 NOTARY PUBLIC -STATE OF IDAHO my Co"mmiSsioN 1=xpiws w28121 LICENSE AGREEMENT-7 EXHIBIT A LgZal Description Licensee is the owner of a right-of-way for a water line located within the road right-of-way for N. Hickory Avenue, south of the intersection of N. Hickory Avenue and Fairview Avenue, in the NE 1/4 of Section 8, Township 3 North,Range 1 East,B.M.,Ada County, Idaho. EXHIBIT B Crossing Locations See Exhibit D-1 attached hereto. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: 1. construct,install,operate and maintain a water line across and under the Settlers South Side Canal and within the District's easement, all within Licensee's real property/right-of-way described in Exhibit A,located in the road right of way for N.Hickory Avenue in Meridian,Ada County,Idaho. No other construction or activity is permitted within or affecting the ditch or canal or the District's easement. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans consisting of one (1) sheet and said plans are attached hereto as Exhibit D-1 and by this reference incorporated herein. The crossing shall be located a minimum of thirty-six inches (36")below the bottom of the ditch or canal. b. Licensee shall notify the Manager of the District prior to and immediately after construction so that he or the District's engineers may inspect and approve construction. C. Licensee represents that Licensee has complied with all federal, state or other laws,rules, regulations, directives or other requirements in any form regarding environmental or other matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter,terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. LICENSE AGREEMENT - 8 d. Licensee hereby indemnifies,holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private,with respect to environmental matters relating to the subject matter,terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction,directive,claim,action or requirement. e. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements,including but not limited to all costs associated with all permit acquisition, construction,monitoring,treatment,administrative,filing and other requirements. f. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume,create,or exercise legal or other authority,either express or implied,to regulate control,or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. g. Construction and installation of the water line shall be completed during the non-irrigation season and thus construction shall not commence prior to October 15,2021 and shall be completed prior to March 15, 2022.Time is of the essence. LICENSE AGREEMENT- 9 O j x t I HIRE.- �, � �G�o=gym p 1 o l V 8 6.1 �� r<majCC V lyyq(1�� i�o c Y� �FcZx�Ko _ i �oQnoyo =��a< ry ry ry ry ry BtFtF�Ii�S n a'S�i'�Gi�<wnu� rv3c J IU 3'^3 a�i nr o TI Z M Q N 5-713N Oi xb� OZ+ Z tl15 3N33I5 H1tlW 00= LL' Fa~ Bz+B e Z N <b I O o a W 0 g 3 f ' - + n �J,,. SSON7.BK.2S + a o o `\ zzsazw`s O H e m2 a YFI .N� NO $=� WWKKl��j�u i I P. O lQ lu +��In�6i�zr�� - XU g^ 4 T.1 YF00 P Y�V� .050 Gs I 7 W ZB+BTV ja ,T- (\��s t •' 3isma + �tie � a o�` �� e si o6 v o 3az.Ba.zT + fi gla�-�rc+z o 'I� � I ry A ' I . oil 4' a WOX u — -- a" II jI �II �LL I = ZF s to a �I j 'zII i' r I \�; I- pe�yi ON3B esV LN3A.Zl F ._I__1`_'' Lllla�09-Z 151%3r g + cl I � � oN3B.Sb 1tl311.Z1 I � 1 'Im++ l S41L3A.LZT. .. �� `J IWx 6 g-u ?ria r� qb N� 2 I p I OFF + i_N f,Nu'I ge 3 — oB+9ro� I 1I I I - I N II g a o 09+ST tl1S 1tlW 09+9i tl1S^3NI1H71tlW s E-J 13314SH5 ags 335 C•7191M5 335 �.. aO<, tw — In 3 =lw� ry ry ry ry ry ry =5" a 0 I °z (Y]al swT)swu arin JSOB71[B3 Nd 6o:z omNi/b b-J B�'V7pl-BT92.6S\»451%01r117/vawa]aphy aull+alsM/.�a%]IH-BT9z\mm-ra+a tosvi Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Professional Services Agreement Between the City of Meridian and Trauma Intervention Program of the Treasure Valley, Inc. Page 315 Item#12. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Jeff Lavey/Police Department Meeting Date: October 27, 2020 Presenter: Lt. Berle Stokes Estimated Time: 10 Minutes Topic: TIP Agreement Recommended Council Action: Mayor Simison and City Clerk to sign agreement Background: Annual contract update Page 316 Item#12. PROFESSIONAL SERVICES AGREEMENT WITH TRAUMA INTERVENTION PROGRAM OF THE TREASURE VALLEY,INC. This PROFESSIONAL SERVICES AGREEMENT WITH TRAUMA INTERVENTION PROGRAM OF THE TREASURE VALLEY, INC. ("Agreement") is made this 27th day of October, 2020 ("Effective Date") between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Trauma Intervention Program of the Treasure Valley, Inc., a nonprofit organization organized under the laws of the State of Idaho ("TIP") (collectively, "Parties"). WHEREAS,the Meridian Police Department desires the services offered by TIP, including provision of comprehensive emotional and practical support services, on an as-needed basis, to victims of emergency situations and traumatic events; NOW, THEREFORE,for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. STATEMENT OF WORK. Pursuant to the terms and conditions of this Agreement, TIP shall provide the following services: A. Throughout the term of this Agreement, TIP shall provide all personnel, volunteers, supplies, and equipment necessary to accomplish TIP's obligations under this Agreement. TIP shall, as needed, provide a Volunteer Training Academy, select and train crisis team supervisor(s), and train local emergency personnel on TIP and how to utilize TIP's services. B. TIP personnel shall be available, twenty-four hours a day, to provide on-scene emotional and practical support services to victims of emergency situations and traumatic events ("clients"), upon request or referral by City personnel. Such support services shall include, but shall not be limited to: on-scene emotional support and/or counseling; arrangements for clean-up services; notification to family, friends and others as directed or needed by client; providing information and referrals to follow-up support services; and at least one follow-up contact. TIP shall make available to City sufficient information to enable City personnel to contact the appropriate local TIP volunteer at any time, including phone numbers and names of all TIP volunteers and supervisors on call. City's use of TIP shall be in the sole discretion of City and City personnel. TIP agrees that the City may decline TIP services at any time, even if initially called out by City, at City's sole discretion. II. STANDARD OF PERFORMANCE. TIP and each and all of TIP's agents, employees, and volunteers shall be fully qualified to, and shall, perform these services and all components thereof in accordance with generally accepted industry standards and practices. Neither TIP nor any byproduct or component of its activities shall in any way harm or endanger the health, safety, and/or welfare of TIP agents, employees, or volunteers; any member of the public and/or City personnel. III. TERM. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on September 30, 2021, unless earlier terminated or extended in the manner as set forth in this Agreement. IV.PAYMENT. Within thirty (30) days of receipt of invoice, completed W-9 form, and proof of insurance as required by this Agreement, City shall pay TIP a maximum amount of twelve thousand, seven PROFESSIONAL SERVICES AGREEMENT—TRAUMA INTERVENTION SERVICES PAG Page 317 Item#12. hundred and sixty-nine dollars ($12,769.00) for the services to be performed hereunder. It is understood by the Parties that this amount represents twelve cents per City resident(i.e. 106,410 persons times 00.12 cents per person). City shall not withhold any federal or state income taxes from any payment made by City to TIP under this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of TIP. V. GENERAL PROVISIONS. A. INDEMNIFICATION. TIP shall indemnify and save and hold harmless City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by TIP, its servants, agents employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of City or its employees. TIP acknowledges that the provision of services to City as described in this Agreement carries risks, some of which are unknown, and TIP does assume all known and unknown risks and hazards of providing services as described in this Agreement. B. INSURANCE. TIP shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement: 1. Liability insurance, in which the City shall be named an additional insured in the minimum amount of one million dollars ($1,000,000), or the maximum amount specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, whichever is higher. 2. Automobile insurance with a limit of no less than one million dollars ($1,000,000) per occurrence for owned, non-owned and hired vehicles. If TIP has no owned motor vehicles, then hired and non-owned motor vehicle liability coverage with limits not less than one million ($1,000,000) per accident for bodily injury and property damage is required. Where applicable, the City of Meridian shall be named as an additional insured. 3. Workers Compensation coverage in the amount required by Idaho law. The limits of TIP's insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City. If City becomes liable for an amount in excess of the insurance limits herein specified, TIP covenants and agrees to indemnify and save and hold harmless City from and for any and all such losses, claims, actions, or judgments for damages or liability to persons or property. TIP shall provide City with proof of insurance as required by this Agreement. In the event the insurance minimums are changed, TIP shall immediately submit proof of compliance with the changed limits. TIP acknowledges that City shall not provide for TIP, or for its agents, employees, or volunteers, any insurance or coverage of any kind, whether financial, medical, or otherwise, for any accidents, injuries, illnesses, losses, or damages that result during or arise out of the services provided under this Agreement and/or any activity related thereto. C. INDEPENDENT CONTRACTOR. In all matters pertaining to this Agreement, TIP shall be acting as an independent contractor, and neither TIP, nor any officer, employee or agent of TIP, will be deemed an employee of or volunteer for City. The selection and designation of City personnel in the performance of this Agreement shall be made by the City. TIP understands, acknowledges, and agrees that TIP is free from actual and potential control by City in the provision of services under this Agreement. Specifically, without limitation: 1. TIP is engaged in an independently established trade, occupation, profession, or business. 2. TIP has the authority to hire or engage subordinates. 3. TIP owns and/or will provide all major items of equipment necessary to perform services under this Agreement. PROFESSIONAL SERVICES AGREEMENT—TRAUMA INTERVENTION SERVICES PAG Page 318 Item#12. D. NO AGENCY. It is understood and agreed TIP is not, and shall not be considered, an agent of City in any manner or for any purpose whatsoever in any activity undertaken pursuant to this Agreement. TIP shall have no authority or responsibility to exercise any rights or power vested in City. E. PROPRIETARY RIGHTS. TIP is the sole and exclusive owner of all proprietary and other property rights and interests in and to the trade names and/or trademarks "Trauma Intervention Programs," "TIP, Inc.," "TIP," and all other trademarks and service marks used in connection with the TIP program, including but not limited to all those trademarks, service marks, slogans, logos, and rights residing in the banners, brochures, business cards, and letterheads by which groups licensed to adopt and use said names and marks and products therefrom are known and identified. Except as otherwise provided in the Idaho Public Records Act or other applicable law, TIP is the sole and exclusive owner of all materials used to operate the TIP Program in the City of Meridian. These materials include but are not limited to the Operations Manual, Volunteer Training Manual and Trainers Manual. Upon termination of this Agreement, City agrees to immediately return all manuals and materials to TIP. F. CONFIDENTIALITY. Neither TIP nor its volunteers shall use information gained in the course of provision of services under this Agreement for any purpose other than fulfillment of its obligations hereunder. TIP and TIP personnel shall, at all times during the term of this Agreement and thereafter, hold in strictest confidence, and shall not use or disclose to any person, firm or corporation, for any purpose whatsoever, any confidential information shared with or become known to TIP in the course of providing services under this Agreement, except as required by law or court order. This provision and the obligations inuring to TIP hereunder shall survive the termination or expiration of this Agreement. G. NOTICES. Any and all notices required to be given by either of party hereto shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City: TIP: Meridian Police Department Trauma Intervention Programs, Inc. Attn: Chief of Police 9105 W. Rockstone Court 1401 E. Watertower Kuna ID 83634 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. H. ATTORNEY FEES. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination, or forfeiture of this Agreement. I. TIME IS OF THE ESSENCE. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. PROFESSIONAL SERVICES AGREEMENT—TRAUMA INTERVENTION SERVICES PAG Page 319 Item#12. J. ASSIGNMENT. It is expressly agreed and understood by the parties hereto, that TIP shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of City. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. K. DISCRIMINATION PROHIBITED. In performing the Services required herein, TIP shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity/expression, national origin or ancestry, age or physical disability. L. REPORTS AND INFORMATION. At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. M. AUDITS AND INSPECTIONS. At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of TIP's records with respect to all matters covered by this Agreement. TIP shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials,payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. N. COMPLIANCE WITH LAWS. In performing the scope of services required hereunder, TIP shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. TERMINATION. If, through any cause, TIP shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if TIP shall violate any of the covenants, agreements, or stipulations of this Agreement, City shall have the right to terminate this Agreement by providing written notice to TIP of such termination. Upon termination, TIP shall be entitled to just and equitable compensation for any work satisfactorily completed hereunder, and City shall be entitled to a prorated refund of the amount paid for work not completed. In the event that City is entitled to a prorated refund following termination, City shall invoice TIP for the amount due, which amount TIP shall pay in full within thirty(30) days. This provision shall survive the termination of this agreement and shall not relieve TIP of its liability to the City for damages, provided that the amount of such damages shall not exceed the total compensation provided for in this agreement. P. NON-APPROPRIATION. Should funding become not available, due to lack of appropriation, the City may terminate this agreement upon fifteen (15) days' notice. Q. SEVERABILITY. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. 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. S. APPLICABLE LAW. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. Venue shall be in the courts of Ada County, Idaho. PROFESSIONAL SERVICES AGREEMENT—TRAUMA INTERVENTION SERVICES PAG Page 320 Item#12. T. APt ROVAt.rtEQ111HI-1). This Agreement shall not become effective or binding until approved by the goyeming body of the City of Meridian. IN WITNESS %VkiLREOV, tllc Parties hereto have executed this Agreement on the Effective Date first written above. TRAUMA INTERVENTION PROGRANT OF TIIE TREASUItE VALLCY, INC: 1 Kym cr Jenke ,Chief Executive Officer CITY OF MERIDIAN: BY: Attest: Robert E. 5imison.Mayor Chris Johnson,City Clerk PROFMIONALSrJtV M AGREEStENT YRAUNIA INTERVEMIUN SERVICES [Will 5 Page 321 ttem#12. Trauma Intervention Program 9105 Rockstone Ct. Kuna,ID 83634 208.794.9280 TIP kymbernj@gmail.com I nvoice BILL TO INVOICE # 1003 Chief Jeff Lavey DATE 10/05/2020 City of Meridian DUE DATE 11/01/2020 Meridian Police Dept. TERMS Net 30 1401 E. Watertower Avenue Meridian, Idaho 83642 DATE ACTIVITY AMOUNT 10/01/2020 Annual User Agency Fees 12,769.00 2020- 2021 Agency fees for the operation of the TIP of Treasure Valley citizen emergency response volunteer program covering Fiscal Year Oct. 1, 2020 to Sept. 30, 2021 ..................................................................................... ................................. BALANCE DUE $129769.00 Our Mailing address has changed since last year. Please remit to: Trauma Intervention Program of the Treasure Valley 9105 Rockstone.Ct. Kuna, ID 83634 Page 322 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Cost Chare Permit with Ada County Highway District (ACHD) for Non-Transportation Improvements Associated with Eagle Rd.,Victory Rd.to Amity Rd.Widening Project Page 323 Item#13. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Community Development, Parks & Meeting Date: October 27th, 2020 Recreation, &Public Works Presenter: Brian McClure, Mike Barton, &Al Christy Estimated Time: N/A Topic: Cost Share with ACHD For Eagle Road,Victory to Amity, Non-Transportation Improvements Recommended Council Action: Approve cost share permit for non-transportation improvements associated with ACHD's Eagle Road,Victory to Amity widening project. Non-transportation improvements include agreement for the City to install landscape improvements within roundabout islands, to reimburse ACHD for PVC sleeves to roundabouts for infrastructure, and to reimburse ACHD for fiber optic conduit. Background: The associated cost share with ACHD covers several different elements all of which are considered by ACHD to be "non-transportation improvements". For these types of improvements,ACHD requires a cost share or interagency agreement. Fiber Conduit: ACHD is providing conduit for future City of Meridian fiber optic lines within this corridor, as part of the City's private fiberoptic network. The cost share is for conduit only. Trying to run fiberoptic in the future without conduit would be cost prohibitive. Typically, fiber conduit is run through a Public Works interagency agreement, but for this project was run as part of the cost share. The estimated cost of this conduit is $54,352, and will be run through Information Technology. PVC and Landscaping City Council has previously expressed an interest in aesthetic landscaping improvements within roundabout islands. Roundabouts associated with this project will be located at Zaldia and Eagle, and at Amity and Eagle (the existing roundabout here is being reconstructed and widened). To facilitate these improvements in the future, City staff requested PVC sleeves so that water and electrical could be run to the islands with the project. Understanding the City intended to improve the landscaping in the future,ACHD requested that the City pay for the interim treatment until permanent landscaping can be installed. Installing these sleeves with the project is much cheaper than trying to retrofit these utilities later without them. Staff estimates at least 160' of 4" PVC sleeving material will be placed under the road.While the true cost of is the sleeves is unknown because the project hasn't been awarded,the City will need a budget of$9,500 to properly prepare for any award amount. Page 324 Item#13. While this cost share permit does not include any landscaping work,which is being left up to the City,this cost share would oblige the City,within a defined period,to provide landscaping improvements at these roundabouts.A subsequent budget amendment, likely for an interim treatment of bark will be necessary.ACHD expects that the roundabout will have an interim improvement by November 30, 2021, and a permanent improvement no later than June 30, 2022. If the City is able to complete a prototype landscape design (previously approved by Council), a permanent treatment could be completed instead. ACHD is not willing to accept bare earth as part of a completed transportation project, and is not willing to install rock (their typical treatment), understanding that the City may improve the landscaping in the future. An interim treatment of bark,to cover approximately 3,600 square feet of area in each roundabout, is estimated to need 25 cubic yards of bark. While the true cost is unknown at this time, staff estimates a budget of$6,250 to properly prepare for installation. Permanent improvements will depend on level of effort and final design; City Council feedback on design concepts will be solicited at a future meeting. Parks and Recreation Department staff will discuss a budget amendment for interim and/or permanent improvements at a future meeting. If this cost share is approved a budget amendment will be required, plus the cost for perpetual maintenance of these items. Page 325 Item#13. ADA COUNTY HIGHWAY DISTRICT COST SHARE PERMIT ,--V 24 3775 Adams Street ACHD Contact Person: i; ' Garden City Idaho 83714 Name: Ryan Cutler 409 Phone(208) 387-6280 3775 Adams Street ACHD Facsimile(208) 387-6289 Garden City Idaho 83714 igggilew Phone: (20$) 387-6.202 Date of Permit: ACHD Project No.: 320036 Permit No.: 040 2020 and 518040 Capitalized terms that are not defined in this Permit shall have the meanings given to them in the ACHD Cost Share Ordinance No. 215. 1. PARTNERING AGENCY INFORMATION This permit is granted to: City of Meridian Partnering Agency Contact Person: 33 E. Broadway Ave. Brian McClure Meridian, Idaho 83642 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 884-5533 Ext: 1579 Email; bmcclure(iq�meridiancity.ornow- 11. ROAD PROJECT AND APPROVED NON-TRANSPORTATION COMPONENTS Name/Location of ACHD Road Project: Eagle Road and Amity Road Roundabout, ACHD Project #320036, and Eagle Road, Amity Road to Victory Road, ACHD Project #518040, as depicted in the project plans attached hereto and incorporated herein as Exhibit A. Approved Non-Transportation Components: Pursuant to this Permit, ACHD authorizes, and, as a condition of issuing this Permit, requires, the following Non-Transportation Components: 1 Design, Construction and Pe etual Maintenance of Permanent Landsegging in the Central Islands as depicted on Exhibit A. ACHD authorizes and requires the design, construction, and perpetual maintenance of permanent landscaping and associated irrigation improvements the"Permanent Landscaping") within the central island at the intersection of Amity Road and 1 Page 326 Item#13. Eagle Road and within the central island at the intersection of Zaldia Drive/Street and Eagle Road, as depicted on Exhibit A. Partnering Agency may elect to install bark or similar interim treatment (the "Interim Treatment") within the central islands prior to installation of the Permanent Landscaping, provided that the Permanent Landscaping is completed as required in Section V below. 2 Design, Construction and Perpetual Maintenance of PVC Sleeves as de icted on Exhibit A. ACHD authorizes and requires the design, construction, and perpetual maintenance of 2 4-inch PVC sleeves and an associated meter (the "PVC Sleeves") from water and electrical service locations to the central island at the intersection of Amity Road and Eagle Road and to the central island at the intersection of Zaldia Drive/Street and Eagle Road, as depicted on Exhibit A. 3 Design, Construction, and Perpetual Maintenance of Fiber Optic Conduit, as depicted on Exhibit A. ACHD authorizes and requires the design, construction, and perpetual maintenance of 2-inch fiber optic conduit and associated junction boxes (the "Conduit"), as depicted on Exhibit A. The Conduit shall be for the sole use of Partnering Agency. In accordance with Ordinance 215, the foregoing Permanent Landscaping, Interim Treatment, PVC Sleeves, and Conduit are referred to herein as the"Non-Transportation.Components." III. ACQUISITION OF RIGHT-OF-WAY OR REAL PROPERTY Conditions of acquisition/contribution of right-of-way or real property by Partnering Agency and/or reimbursement to ACHD by Partnering Agency for said acquisition; ACHD has already acquired or is in the process of acquiring right-of-way or real property adequate for the Non-Transportation Components. Therefore, the acquisition of right-of-way or real property is not required of Partnering Agency. IV. DESIGN OF NON-TRANSPORTATION COMPONENTS Party responsible for obtaining plans/design for Non-Transportation Components: Partnering Agency shall be responsible for obtaining approval of the plans/designs for the Permanent Landscaping; within the central island. No design is required for the Interim Treatment, PVC Sleeves, or Conduit. If Partnering Agency is responsible for providing plans/designs, deadline for submitting plans/designs to ACHD for approval: Partnering Agency shall submit the plans/designs of the Permanent Landscaping; to ACHD's Traffic Department for approval. Partnering Agency may not begin installation until ACHD's Traffic Department has approved the plans/designs, 2 Page 327 Item#13. Additional conditions: All designs/plans submitted by Partnering Agency must comply with (i) established engineering standards, including the Idaho Standards for Public Works Construction (ISPWC); (h) the American Association of State Highway and Transportation Qfiicials ("AASHTQ"); (iii) the Cost-Share Ordinance No. 215; (Nv) all adopted ACHD rules, regulations, and policies; and (v) all state and federal laws. No designs shall be considered final until they are approved in writing by ACHD. Any modifications to the deadlines set forth above must be approved in writing by ACHD. By approving.such designs/plans, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Non-Transportation Components to the extent such Non-Transportation Components were not designed or constructed by ACHD, Allocation of design costs for Non-Transportation Components (including, if applicable, any credits provided to Partnering Agency and application of any federal funding) and time for reimbursement, if applicable: Partnering Agency shall be solely responsible for all design costs for the Non-Transportation Components, if any. Partnering Agency shall not be credited under this Permit for costs incurred for the design of the Non-Transportation Components. V. CONSTRUCTION OF NON-TRANSPORTATION COMPONENTS Description of construction work approved by ACHD to be completed by Partnering Agency (if applicable): (In addition to description, refer to designs and plans attached to this Permit as Exhibits, if applicable. If designs and plans are not complete at the time of issuance of this Permit, they must be approved in writing by ACHD and shall be incorporated into this Permit,) ACHD shall construct the PVC Sleeves and Conduit. If Partnering Agency is responsible for all or a part of the construction of the Non- Transportation Components; a. Date for submitting Partnering Agency's contractors and engineers to ACHD for approval: Not applicable due to the nature of the construction. b. Date for submitting Partnering Agency's contractors' and engineers' estimates to ACHD for approval: Not applicable due to the nature of the construction. c. Date for submitting Partnering Agency's contractors' and engineers' contracts to ACHD for approval: Not applicable due to the nature of the construction. Any modifications to the deadlines set forth above must be approved in writing by ACHD. Allocation of construction costs for Non-Transportation Components, reconstruction costs of Transportation Components necessitated by the incorporation of Non-Transportation Components into the Road Project, ACHD construction, maintenance, administration, and overrun costs (including, if applicable, any credits provided to Partnering Agency and 3 Page 328 Item#13. application of any federal funding), and time for reimbursement, if applicable: Partnering Agency shall be solely responsible for all construction costs of the Non- Transportation Components. Partnering Agency shall receive no credits in connection with the construction of the Non-Transportation Components. Partnering Agency shall reimburse ACHD for the actual cost of all materials used, the cost of the relocation of any utilities necessitated by the Non,-Transportation Components, and any other costs associated with the construction and installation of the Non-Transportation Components. Payment by Partnering Agency shall be made to ACHD within 30 days following submission of an invoice by ACHD to Partnering Agency identifying such charges. Relocation of utilities to be completed by Partnering Agency (if any): Partnering Agency shall be solely responsible for the cost of relocating any utilities required in connection with the placement, incorporation, or construction of the Non-Transportation Components. Storm water provisions (if applicable): The Permanent Landscaping within the central islands shall be designed so as to prevent storm water from accumulating and ponding therein. Additional conditions: Upon a determination by ACHD that the incorporation into the Road Project of Partnering Agency's Non-Transportation Components will have an adverse effect oil stores water quantity or quality, Partnering Agency shall be solely responsible for either mitigating or funding the mitigation of any such adverse effects in a means determined by or acceptable to ACHD. Schedule for completion of Road Project: At this time, ACHD's schedule for completion of the Transportation and Non-Transportation Components of the Road Project completion is unknown, but estimated to be Fall 2021. The deadline for Partnering Agency's completion of the Non-Transportation Components is November 30, 2021, provided that Permanent Landscaping may be completed no later than June 30, 2022 if Interim Treatment is installed by November 30, 2021. V1. MAINTENANCE OF NON-'I'RANSI'OR'I'A'l'ION COMPONI+ N'I'S Maintenance requirements of Non-Transportation Components by Partnering Agency: Partnering Agency shall be, and is hereby, granted a non-exclusive, revocable license to maintain, repair, and replace the Non-Transportation Components, subject to the provisions of this Permit and during the term of this Permit. This includes the perpetual maintenance, repair, and replacement of the Permanent Landscaping within the central islands. Partnering Agency shall cause the Non-Transportation Components to be operated and maintained in good functioning order during the term of this Permit, in accordance with 4 Page 329 Item#13. applicable law, the approved designs/plans, Partnering Agency's landscape and irrigation standards and specifications, and industry standards. This obligation includes, without limitation, grass and lawn care, pruning or replacement of gravel, trees, and shrubs, clean-up of litter and debris, weed removal, and application for shrubs, trees, and groundcover, as applicable. Any replacement and/or installation by Partnering Agency of additional improvements shall be accomplished in accordance with designs, plans, and specifications approved in advance and in writing by ACHD, in its discretion, and as required to satisfy applicable laws, its policies, and good engineering and landscaping practices. Additional conditions: 1, This Permit does not extend to Partnering Agency the right to use any part of the ACHD Road Project area to the exclusion ofACHD for any use within its jurisdiction, authority, and discretion or of others to the extent authorized by law. 2. In accessing any part of the Road Project that has been accepted as an open public highway (as the term "highway" is defined in Idaho Code Section 40-109(5)), Partnering Agency's authorized use is subject to the rights of the public to use the highway. 3. The rights granted hereunder are subject to and subordinate to the rights of'holders of easements of records and the statutory rights of utilities to use the right-of-way. 4. This Permit does not preclude or impede the ability of ACHD to enter into or grant easements or license agreements allowing third parties to access the Road Project area, or the ability of ACHD to redesign, reconstruct, relocate, maintain, and improve the Road Project and right-of-way as it determines necessary, in its sole discretion. 5. In consideration of the license granted by this Permit, Partnering Agency expressly covenants and agrees that the license granted herein is temporary and merely a permissive use of the ACHD right-of- way pursuant to the terms of this Permit. Partnering Agency assumes the risk that the license granted herein may be terminated before Partnering Agency has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Non-Transportation Components, and by signing and accepting this Permit, Partnering Agency hereby waives and estops itself from asserting any claim, including darnages or reimbursement, that the license is in any way irrevocable because Partnering Agency has expended fiends on the Non-Transportation Components and the Permit has not been in effect for a period sufficient.for Partnering Agency to realize the economic benefit front such expenditures. 6. In the event Partnering Agency fails to replace, repair, maintain, and care for the Non-Transportation Components, ACHD shall have the following remedies in addition to any other recovery in law or in equity,provided that ACHD first gives Partnering Agency 30 days'notice and Partnering Agency fails to remedy such,failure. (i) ACHD may revoke this Permit; (ii) ACHD may replace, maintain, and/or care ,for the Non-Transportation Components, and Partnering Agency shall reimburse ACHD fully for all associated costs; (iii) ACHD may remove, alter, redesign, or reconstruct the Non-Transportation Components or any part of the ACHD Road Project (including without limitation the right-of--way), or in the case of'landscaping, replace the Non-Transportation Components with hardscape, and Partnering Agency shall reimburse ACHD fully for all associated costs; and (i) ACHD may refuse to issue any .further Cost Share Permits or any other permits for fidure ACHD Road Projects until Partnering Agency complies with the conditions of the Permit. In addition, in the event of an emergency caused by Partnering Agency's.failure to perform required maintenance, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency, and Partnering Agency 5 Page 330 Item#13. shall reimburse ACHD fully for all associated costs. V[1. TERM Term of Permit: Perpetual,until terminated or revoked pursuant to the provisions of this Permit. Upon termination or revocation of this Permit, upon the request of ACHD, Partnering Agency will either, as directed by ACHD, (i) promptly remove the Non-Transportation Components and restore the underlying area to at least the condition present as of the date of this Permit, repairing and restoring all portions of ACHD's right-of-way, personal property, and real property, if any, that are damaged during such removal activities; or (ii) reimburse ACHD for its cost of redesigning, replacing, and/or reconstructing the right-of-way or real property underlying the Non-Transportation Components. Any portion of the Non-Transportation Components that remain in ACHD right-of-way or on ACHD real property 90 days after the tennination or revocation of this Permit shall be deemed abandoned, and ACHD shall have the right to remove them or redesign, replace, and reconstruct the right-of-way or real property underlying them and charge all costs to Partnering Agency. VIII. ADDITIONAL PROVISIONS APPLICABLE TO PROJECT Additional provisions: This Permit provides the terms upon which the incorporation of the Non-Transportation Components into the Road Project are approved. [X. GENERAL CONDITIONS OF PERMIT 1. This Permit is issued conditioned upon Partnering Agency's compliance with ACHD's Cost Share Ordinance No. 215 and all certifications made by Partnering Agency pursuant to this Permit. 2. This Permit is subject to the provisions of state and federal law and ACHD's Cost Share Ordinance No, 215, in effect as of the date of issuance of this Permit (the "Applicable Law"). In the event of any conflict between this Permit and Applicable Law, Applicable Law shall govern. In the event that any part of the obligations of Partnering Agency or of ACHD in connection with the Road Project are determined to be illegal or unenforceable by a court of competent jurisdiction, the remaining obligations of Partnering Agency set forth in this Permit shall still be applicable. Future amendments and restatements of the Cost Share Ordinance shall not be applicable to this permit. 3, If any portion of the ACHD Road Project (including without limitation any portion of the right- 6 Page 331 Item#13. of-way) is damaged as a result of Partnering Agency's action or inaction with regard to the construction, operation, and/or maintenance of the Non-Transportation Components or the failure or neglect to construct, operate, and/or maintain the Non.-Transportation Components, then Partnering Agency shall, at its sole cost and expense, correct such deficiency and restore the area to the same condition it was in prior thereto, and if Partnering Agency or its successors or assigns shall fail or neglect to commence such correction and restoration within 24 hours of notification thereof, ACHD may proceed to do so, in which event Partnering Agency shall reimburse ACHD for the costs and expenses thereof, including,without limitation, reasonable compensation for the use of staff and equipment of ACHD. 4. Partnering Agency shall be liable to ACHD for any and all damages, fines, fees, obligations to third parties, costs, expenses, attorney fees, or any other liabilities whatsoever resulting from Partnering Agency's failure to comply with any provision of this Permit and/or Cost Share Ordinance No. 215. Without limiting the foregoing in any manner, in the event Partnering Agency fails to comply with any provision of this Permit, then following any applicable notice and opportunity to cure set forth herein, ACHD shall have the right, in addition to all other rights and remedies elsewhere in this Permit, to redesign, replace, and/or reconstruct the Non- Transportation Components and/or the right-of-way or real property underlying the Non- Transportation Components, and in such event, Partnering Agency shall reimburse ACHD for all associated costs. The obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. S. Partnering Agency may delegate any of its responsibilities hereunder to any third party so long as it gives prior written notice to ACHD that specifies in detail what responsibilities are being delegated and identifies the third party. Notwithstanding any delegation to a third party, Partnering Agency shall remain and shall be ultimately responsible for the third party's compliance with the terms of this Permit, and no delegation shall absolve Partnering Agency of any duties or obligations of this Permit in any way. In addition, Partnering Agency fully assumes all legal risks of determining whether any such delegation is proper under applicable law and/or regulations, and shall not be absolved of any responsibilities under this Permit if it is unable to complete or maintain any such delegation for any reason. 5. Partnering Agency will protect, defend, indemnify, and hold ACHD and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of Partnering Agency, its agents, or contractors related to or in connection with the Non-Transportation Components and the exercise of any privileges or performance of any obligations by Partnering Agency pursuant to the terms of this Permit. Partnering Agency's obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. 7. In the event the Non-Transportation Components will or may necessitate future maintenance, repair, relocation, or replacement that is not the subject of this Permit, ACHD shall in its discretion issue Partnering Agency an amended or an additional Cost Share Permit to perform such work. 8. ACHD shall at all times have the right to relocate, reconstruct, remove, or redesign any and all improvements that are part of the Road Project. ACHD will use its best efforts to advise Partnering Agency of any anticipated actions within the Road Project that would be likely to cause a relocation modification or other ada tation of any of the Non-Transportation 7 Page 332 Item#13. Components, and the parties, to the extent reasonably possible, shall agree to a priority schedule regarding the same and shall attempt to cooperate with respect to planning and coordination as related to any such relocation, modification, or other adaptation of any of the Non-Transportation Components. if ACHD ultimately determines that any part of the Road Project must be relocated, reconstructed, removed, or redesigned, then Partnering Agency, at its sole cost and expense, shall be responsible for relocating, reconstructing, removing, or redesigning the Non- Transportation Components, as required by ACHD, which shall be accomplished by Partnering Agency according to designs,plans,and specifications approved by ACHD in writing prior to any such work. Partnering Agency may also elect to remove all or a part of the Non-Transportation Components in lieu of any relocation, modification, or adaptation. Partnering Agency assumes any and all costs of itself and ACHD relating to any future relocation of the Non-Transportation Components. 9. ACHD shall at all times have the right to revoke this and any other Cost Share Permit granted to Partnering Agency to access any Highway, Public Right-of-Way or real property. In addition, ACHD rnay immediately perform any and all emergency repairs or take other measures in connection with an emergency, in which case Partnering Agency shall reimburse ACHD fully for all associated costs. 10. This Permit shall immediately be revocable and/or cancelable by ACHD by providing written notice to Partnering Agency upon the occurrence of any of the following, (i) a determination by ACHD that any of the information submitted by Partnering Agency in the Cost Share Application is false or inaccurate in any manner; (ii) a determination by ACHD that Partnering Agency has failed to comply with any term or provision of this Permit or any other permit granted by ACHD to Partnering Agency; or (iii) a determination by ACHD that Partnering Agency has failed to replace,maintain,and/or Care for the Non-Transportation Components as required by the terms of this Permit. Except in an emergency situation, ACHD shall provide Partnering Agency with 30 days' notice of the issue and an opportunity to comply prior to exercising such rights. 11. The issuance of this Permit shall in no way obligate ACHD to provide Partnering Agency with additional permits or rights, nor shall ACHD be obligated to utilize provisions or rights set forth in this Permit in connection with additional permits or rights that it may elect to provide to Partnering Agency in the future. 12. All exhibits and any addenda to this Pen-nit are incorporated herein. 13. This Permit is conditioned upon the signature of ACHY?and Partnering Agency below. Page 333 Item#13. SIGNATURES This Cost Share Pen-nit is issued by the Ada County Highway District on the date set forth above: Ada County Highway District: The person signing below represents that he or she has the authority on behalf of ACHD to issue D to the terms set forth herein, Mc S Wong Its: Director City of Meridian: Acceptance/certification by Partnering Agency: The person signing below represents that he or she has the authority on behalf of Partnering Agency to accept and agree to the terms of this Permit and bind Partnering Agency to the tenns set forth herein. By: Robert E. 5imison Its, Mayor Exhibits Exhibit A Project Plans 9 Page 334 q.gyf.F..P. I,-i'vil.,fi j:.."I..I. qcO :aN-1— Item#13. /466 •" NOL'.1K 4-0 P 1.4 Fe A.M..g oven'.IW 'w---a OZ✓!h'.wo Oft S.re ARM �r m d d 105 � =G Or-, 19 E LL C �� O �g.ggRRW A s — '� F�Fd�O'0'_��yNy WLj d ! Z y OF ■� r N 7 N N N Pi APig f 1J � R 1; z d 0 O :.lT � 0 ENO _ ^ EZ2 j a i toN ovo od 4F m t "N N M� 3 1 s AVM 3PDV1NOW W n- 8. 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L I I I • � f 7 ri 13 �} y�I u.• { I bb I I Page 357 v Item#13. w dl # O N o L 4 e k 8Y p 1 a � 0 lWZoLl 0 I I � �aaaaoialn � ,q 1 Zi I �i 7I •�--� I g _ � WW laaalb ntlH9 I a co x I In I a I = I I I a > � Z I I I• 3 I , n CAR in ao awoa ; tl I I ; 'E � I � I •I I I It d 1 I � Page 358 Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Liquidation of Winnipeg Well Site Lot- Resolve to Declare Intent to Dispose of the Winnipeg Well Site Lot for a Minimum Bid of$70,000 and Authorize the Mayor to Sign the Resolution Page 359 Mayor Robert E. Simison Item#14. W IDIAN�''� City Council Members Tre Bernt Joe Borton Public Works Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader 00 TO: Mayor Robert E. Simison Members of the City Council FROM: Kyle Radek, Assistant City Engineer DATE: 1019120 SUBJECT: LIQUIDATION OF WINNIPEG WELL SITE LOT REQUESTED COUNCIL DATE: October 27, 2020 I. RECOMMENDED ACTION 1. Resolve to declare intent to dispose of the Winnipeg Well Site Lot for a minimum bid amount of$70,000 2. Authorize the Mayor to sign the resolution II. DEPARTMENT CONTACT PERSONS PM, PM Title 489-0343 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Director of Public Works 985-1257 III. DESCRIPTION Ownership of the Winnipeg Well Site, including the well, well house, and lot, was transferred to the City with the annexation of the Meridian Heights and Kentucky Ridge Subdivisions in 2015. At the time of the transfer, the well could not be used to normally supply residents because it pumped water that contained uranium over the EPA Maximum Contaminant Level. It was,however,needed as an emergency backup well to supply fire protection. Now, through City and developer projects, Meridian Heights and Kentucky Ridge have been sufficiently connected to the City water system, such that the Winnipeg Well is no longer needed for an emergency water source. Page I of 2 Page 360 Item#14. The well has been disconnected from the water system and abandoned. Public Works owns two other well lots in close proximity and has no other use for the .22-acre lot. The property will be disposed of through a public auction. Public Works evaluated the property value using two different approaches. County assessments for similar lots nearby suggested a value of$76,000 to $95,000. Consultation with a real estate appraiser suggested a value of around$100,000. Public Works recommends setting a minimum bid price of $70,000, which accommodates the cost of demolition and improvements needed at the site. IV. SITE MAP I. 1_ innipeg Approved for Council Agenda:... ' Z' Page 2 of 2 Page 361 Item#14. CITY OF MERIDIAN RESOLUTION NO. 20-2238 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO OFFER FOR SALE AT AUCTION APPROXIMATELY .218 ACRES OF CITY-OWNED REAL PROPERTY LOCATED AT 345 W. WINNIPEG STREET, ADA COUNTY PARCEL #R5672060442, LEGAL PARCEL #0442 OF LOT 1, BLOCK 10 MERIDIAN HEIGHTS SUBDIVISION NO 02 (PARCEL B, RECORD OF SURVEY #5472) ADA COUNTY IDAHO; DECLARING THE VALUE OR MINIMUM PRICE, IF ANY, MERIDIAN INTENDS TO RECEIVE AS A RESULT OF SUCH CONVEYANCE AT AUCTION; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,whenever the City Council proposes to convey any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth the value or minimum price, if any, it intends to receive as a result of such conveyance; and, WHEREAS, when the property is offered for sale, pursuant to Idaho Code Section 50- 1403(1), the property shall be sold at a public auction to the highest bidder and no bids shall be accepted for less than the minimum declared value (if any), provided however, if no bids are received, the City Council shall have the authority to sell such property as it deems in the best interest of the City; and, WHEREAS, following the declaration of intent, the City Clerk shall publish a summary of the action taken by the City Council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date of the hearing. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to sell at auction that certain parcel of real property located at 345 W. Winnipeg Street, Ada County parcel #R5672060442,parcel#0442 of lot 1,block 10 in the Meridian Heights Subdivision no 02 (Parcel b, record of survey#5472), in the City of Meridian, Ada County, Idaho as depicted in Exhibit A attached hereto. RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY—PAGE I OF 4 Page 362 Item#14. Section 2. That the City of Meridian hereby sets the minimum auction bid price at: $ 70 000.00 and no bids shall be accepted for less than this minimum value. Section 3. That the City Clerk is hereby instructed to establish a public hearing date to review the proposal to convey the real property and publish a summary of this declaration of intent in the form set forth in Exhibit B. Section 4. That the City Attorney is hereby instructed to bring forth a proposed Ordinance as required by Idaho Code Section 50-1403 for the consideration of the City Council at the conclusion of the public hearing. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho,this 27thth day of October, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 27th day of October, 2020. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY—PAGE 2 of 4 Page 363 Item#14. EXHIMIT A 345 W. Winnipeg Ada County Assessor This mWma� static wtpan from w I�mppr�g sire and is for 9e—ra�ref—D*-D=lay—that r*t be—ate,rairrer>i,aai±e dse rECahle.THIS 6LAP IS NOT TO BE USED FOR NAVIGATION OR LEGAL P11RP05E ••,P.. u L - r �- C C ir. } 0-01 A� Scale: 813' ,•_ , RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY—PAGE 3 OF 4 Page 364 Item#14. EXHIBIT B SUMMARY OF ACTION TAKEN REGARDING INTENT TO AUCTION REAL PROPERTY AND NOTICE OF PUBLIC HEARING SUMMARY OF ACTION TAKEN: On the 271h day of October 2020, the City Council of the City of Meridian approved Resolution No. declaring the intent of the City to sell at auction certain real property located at 345 W. Winnipeg Street,Ada County parcel #R5672060442, parcel#0442 of lot 1,block 10 in the Meridian Heights Subdivision no 02 (Parcel B, record of survey#5472), in the City of Meridian,Ada County, Idaho. The City of Meridian intends to sell the real property at auction with a minimum auction bid price of$ 70,000.00 NOTICE IS HEREBY GIVEN: Pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho (including but not limited to Idaho Code section 50-1403), the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 6:00 p.m. on Tuesday, November 24, 2020 for the purpose of considering and approving the proposed real property conveyance. For further information, including full legal descriptions of the proposed conveyance, please contact the City Clerk's Office at 888-4433. Publish: November 6, 2020 CHRIS JOHNSON, CITY CLERK RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY—PAGE 4 of 4 Page 365 Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 20-2234: A Resolution of the Mayor and the City Council of the City of Meridian,Amending the Pathways Master Plan; and Providing an Effective Date Page 366 Item#15. CITY OF MERIDIAN RESOLUTION NO. 20-2234 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERRAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, AMENDING THE PATHWAYS MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 2-4-2(A)(11) charges the Meridian Parks and Recreation Commission with reviewing and commenting on the City's comprehensive plan as it relates to parks and recreation, and the Meridian comprehensive plan includes, by reference, the Pathways Master Plan; and WHEREAS, on August 12, 2020, the Parks and Recreation Commission directed the Pathways Project Manager to request that the City of Meridian City Council implement the amendments to the Meridian Pathways Network Map as set forth in Exhibit A; and WHEREAS, the Mayor and City Council find that it is in the best interest of the health, safety, and welfare of the people of Meridian to implement such amendments to the Pathways Master Plan; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the amendments to the Pathways Master Plan as set forth in Exhibit A hereto, are hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 27th day of October , 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this27th day of October , 2020. APPROVED: Robert E. Simison, Mayor ATTEST: By: Chris Johnson, City Clerk Page 367 RESOLUTION ADOPTING PATHWAYS MASTER PLAN AMENDMENTS Page 1 of 1 Meridian PON s Map Wit`� %;� �� Adopted October 020 �-r' e gg, • LLI ,II ,.�. 1 GH'INDEN �- II__ Ef L F ■ (A ■ W � ,r�:i — l f ♦� 1 1 ■ i G..... 1 c;� , US MGMIL"L•AN c7 41WI., Q ♦ : • r 1 Z .i ■ ♦Y J• r I 1 ■ USTIGK` Legend CHERRY FAI�RYIEW Area of City Impact , �♦ Y� `y � .� I r ' R . PINE 1 �F6( Future Roads A vr�Y J .— �itA -1 _ Meridian Parks ;I ■ m Schools '1 FRANKL-IN ♦ ` II,1 -- �•' Z ! LA —•—•• Alternative Route •�' 1 •.�� y ♦ , R W _ a Existing PathwayLug :,' ` i ..r� •♦..L�.I I �• "`, 4. �' - +..•s• r� — — Long-Term Route • ••• Z Micro Path +•� =� ~ 1 OVERLAND ■ ■ ♦• ►• On Street Route ---f=+•�•� - ram. r.� 1 ♦ , --- Proposed Pathway i : +� ♦♦ ram•■ VICTORY ` , . `. ♦ , Miles , ■ •. • ♦ `♦• Iy LU CNL E IDR IAN�- ■' ''♦ IDAHO / 'AMITY LAKE-HAZEL IL •�• ♦r i n■ ,• ' COLUMBIA HUBBARD P age 368 Item#16. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 20-2238: A Resolution Declaring the Intent of the City of Meridian to Offer For Sale at Auction Approximately 0.218 Acres of City-Owned Real Property Located at 345 W.Winnipeg Street,Ada County Parcel #R5672060442, Legal Parcel #0442 of Lot 1, Block 10 Meridian Heights Subdivision No. 02 (Parcel B, Record Of Survey#5472) Ada County Idaho; Declaring the Value or Minimum Price, if any, Meridian Intends to Receive as a Result of Such Conveyance at Auction; Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Conveyance; and Providing an Effective Date Page 369 Item#16. CITY OF MERIDIAN RESOLUTION NO. 20-2238 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO OFFER FOR SALE AT AUCTION APPROXIMATELY .218 ACRES OF CITY-OWNED REAL PROPERTY LOCATED AT 345 W. WINNIPEG STREET, ADA COUNTY PARCEL #R5672060442, LEGAL PARCEL #0442 OF LOT 1, BLOCK 10 MERIDIAN HEIGHTS SUBDIVISION NO 02 (PARCEL B, RECORD OF SURVEY #5472) ADA COUNTY IDAHO; DECLARING THE VALUE OR MINIMUM PRICE, IF ANY, MERIDIAN INTENDS TO RECEIVE AS A RESULT OF SUCH CONVEYANCE AT AUCTION; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,whenever the City Council proposes to convey any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth the value or minimum price, if any, it intends to receive as a result of such conveyance; and, WHEREAS, when the property is offered for sale, pursuant to Idaho Code Section 50- 1403(1), the property shall be sold at a public auction to the highest bidder and no bids shall be accepted for less than the minimum declared value (if any), provided however, if no bids are received, the City Council shall have the authority to sell such property as it deems in the best interest of the City; and, WHEREAS, following the declaration of intent, the City Clerk shall publish a summary of the action taken by the City Council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date of the hearing. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to sell at auction that certain parcel of real property located at 345 W. Winnipeg Street, Ada County parcel #R5672060442,parcel#0442 of lot 1,block 10 in the Meridian Heights Subdivision no 02 (Parcel b, record of survey#5472), in the City of Meridian, Ada County, Idaho as depicted in Exhibit A attached hereto. RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY—PAGE I of 4 Page 370 Item#16. Section 2. That the City of Meridian hereby sets the minimum auction bid price at: $ 70 000.00 and no bids shall be accepted for less than this minimum value. Section 3. That the City Clerk is hereby instructed to establish a public hearing date to review the proposal to convey the real property and publish a summary of this declaration of intent in the form set forth in Exhibit B. Section 4. That the City Attorney is hereby instructed to bring forth a proposed Ordinance as required by Idaho Code Section 50-1403 for the consideration of the City Council at the conclusion of the public hearing. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho,this 27thth day of October, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 27th day of October, 2020. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY—PAGE 2 of 4 Page 371 Item#16. EXHIMIT A 345 W. Winnipeg Ada County Assessor This mWma� static wtpan from w I�mppr�g sire and is for 9e—ra�ref—D*-D=lay—that r*t be—ate,rairrer>i,aai±e dse rECahle.THIS 6LAP IS NOT TO BE USED FOR NAVIGATION OR LEGAL P11RP05E ••,P.. u L - r �- C C ir. } 0-01 A� Scale: 813' ,•_ , RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY—PAGE 3 OF 4 Page 372 Item#16. EXHIBIT B SUMMARY OF ACTION TAKEN REGARDING INTENT TO AUCTION REAL PROPERTY AND NOTICE OF PUBLIC HEARING SUMMARY OF ACTION TAKEN: On the 271h day of October 2020, the City Council of the City of Meridian approved Resolution No. declaring the intent of the City to sell at auction certain real property located at 345 W. Winnipeg Street,Ada County parcel #R5672060442, parcel#0442 of lot 1,block 10 in the Meridian Heights Subdivision no 02 (Parcel B, record of survey#5472), in the City of Meridian,Ada County, Idaho. The City of Meridian intends to sell the real property at auction with a minimum auction bid price of$ 70,000.00 NOTICE IS HEREBY GIVEN: Pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho (including but not limited to Idaho Code section 50-1403), the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 6:00 p.m. on Tuesday, November 24, 2020 for the purpose of considering and approving the proposed real property conveyance. For further information, including full legal descriptions of the proposed conveyance, please contact the City Clerk's Office at 888-4433. Publish: November 6, 2020 CHRIS JOHNSON, CITY CLERK RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY—PAGE 4 of 4 Page 373 Item#17. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 20-2239: A Resolution of the Mayor and the City Council of the City of Meridian, Reappointing David Fulkerson to Seat 1,Josh Cummings to Seat 2, and Jon Wardle to Seat 3 of the Meridian Impact Fee Advisory Committee; and Providing an Effective Date Page 374 Item#17. CITY OF MERIDIAN RESOLUTION NO. 20-2239 BY THE CITY COUNCIL: BERNT,BORTON, CAVENER HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, RE-APPOINTING DAVID FULKERSON TO SEAT 1, JOSH CUMMINGS TO SEAT 2, AND JON WARDLE TO SEAT 3 OF THE MERIDIAN IMPACT FEE ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Meridian,by the passage of Resolution No. 06-1255, on September 5, 2006, amending Title 10, Chapter 7 to the Meridian City Code and thereby created the Meridian Impact Fee Advisory Committee; and WHEREAS, that Resolution No. 10-740 passed on September 7, 2010 further established the members and terms of appointments for the Meridian Impact Fee Advisory Committee; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to re-appoint David Fulkerson to Seat 1, Josh Cummings to Seat 2,And Jon Wardle to Seat 3 of the Meridian Impact Fee Advisory Committee; and NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That David Fulkerson is hereby re-appointed to Seat 1, Josh Cummings is hereby re- appointed to Seat 2, and Jon Wardle is hereby re-appointed to Seat 3 of the Meridian Impact Fee Advisory Committee for three year terms to run through September 30, 2023; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 27Ih day of October, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 27Ih day of October, 2020. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION FOR RE-APPOINTMENTS OF FULKERSON,CUMMINGS AND WARDLE TO THE IMPACT FEE ADvISORY COMMIT Page 375 Item#18. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: AP Invoices for Payment- 10-28-20 - $1,354,444.14 Page 376 Item#18. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A-1 STAMP&MABEL'S LABELS Name Plate R Orozco 9.00 01 General Fund ACE AUTO BODY Paint the Doors White Unit# 112 VIN#C01953 1,398.53 01 General Fund ADA COUNTY HIGHWAY DISTRICT rock for areas near trailhead on Ten Mile Road 9,045.00 01 General Fund ADA COUNTY PARAMEDICS 220/Paramedic State License renewals,Warren,Verkerk 50.00 FY21 01 General Fund ADVANCE AUTO PARTS WD-40 for Storey Park Shop-qty 2 13.78 01 General Fund ASCAP music licensing dues 1/1/20-9/30/21 882.25 01 General Fund BOISE SOFTBALL UMPIRES ASSOC. 20-0231 softball umpires 9/28-10/2/20-qty 22 games 1,091.42 01 General Fund BONFIRE INTERACTIVE LTD Bonfire eSourcing-4 Seats(Term: October 1,2020 to 18,000.00 Septem 01 General Fund BOUNDTREE MEDICAL 220/Two Pedi-Wheel reference pocket guides, medical 24.38 01 General Fund BOUNDTREE MEDICAL 220/2 Airway catheters, medical 191.98 01 General Fund BRADY INDUSTRIES, LLC. 220/Cleaner, Disinfectant, Hose hookup kit Sta.4 210.80 01 General Fund BRADY INDUSTRIES, LLC. 220/Liners, Mop head, Mop Handle-Sta. 3 53.05 01 General Fund BRADY INDUSTRIES, LLC. 220/Papertowels, Liners-Sta. 2 233.09 01 General Fund BRADY INDUSTRIES, LLC. 220/Toilet bowl brushes-Sta. 1 5.32 01 General Fund BRADY INDUSTRIES, LLC. 220/Truckwash brushes,Sta. 1 47.16 01 General Fund BRADY INDUSTRIES, LLC. COVID Face Masks Inspectors PPE 2 Boxes 90.00 01 General Fund BRICON,INC 20-0265 downtown tree well work-qty 4 16,480.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Battery for 2016 Ford Fusion C19608 VIN#193849 125.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Canister Purge Valve for Unit# 161 223.44 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC fleet truck 29 oil change-license C19827 59.99 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Master Window Switch for Unit# 143 112.50 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit# 107 61.64 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit# 159 65.01 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Rear Brakes for Unit# 151 556.68 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Vehicle#5 Maintenance;Tire Rotation/Oil Change 54.99 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Vehicle#6 Repair Blinker wire replacement 85.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Vehicle 16 Maintenance C21307 Tire rotation. oil and 141.57 air fil 01 General Fund BUILDERS FIRSTSOURCE 220/lumber for training 208.64 01 General Fund CDW GOVERNMENT credit PANORAMA MINI GPS MAGNETIC ANTENNA (34.87) ZWN9597 01 General Fund CDW GOVERNMENT HAVIS DEVMT DOCKST PAN 30/31 HGANT (685.65) 01 General Fund CDW GOVERNMENT Panorama GPS Magnetic MountAntenna- Black 34.87 01 General Fund CITY OF BOISE IT COMMUNICATIONS 220/10 radio holsters, received June 2020 217.50 01 General Fund COMMUNITY PLANNING ASSOC COMPASS membership dues(first quarter) FY2021 4,341.32 01 General Fund COURTNEY COLLETT CHALK ART COMPETITION AWARD:YOUTH PEOPLE'S 50.00 CHOICE 01 General Fund CREWSENSE LLC Support Plan less than 100 users(Monthly) 39.99 Page 377 Date:10/20/20 01:27:13 PM Page:1 Item#18. 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 D&B SUPPLY cable&ferrules for trailer draw bridge repair-qty 16 17.74 01 General Fund D&B SUPPLY Dog Food for K9 Grizz 31.49 01 General Fund D&B SUPPLY Dog Toy for K9 Tuso 12.99 01 General Fund D&B SUPPLY sprinkler for trees-qty 1 4.99 01 General Fund D&B SUPPLY tree water complements-qty 7 84.93 01 General Fund DAVID WUERTH instructor fee-Digital Photography 9/8-9/29/20-qty 9 504.00 01 General Fund DIVISION OF BLDG SAFETY Annual ID Div of Bldg Safety Elevator Certification 125.00 01 General Fund DMH ENTERPRISES 20-0325 FY20#2 Plumbing Plan Review&Insp Svcs 31,450.52 Sept 2020 01 General Fund DOOR SERVICE OF IDAHO digital key pad install at Storey Park Shop 495.00 01 General Fund EMERGENCY RESPONDERS HEALTH 220/3 prev health exams,Sept 2020,JS,BZ,KB 2,520.00 CENTER 01 General Fund ERS, EMERGENCY RESPONDER Lightbar Repair for Unit# 103 80.00 SERVICES, INC. 01 General Fund ERS, EMERGENCY RESPONDER Lightbar Repair for Unit# 121 520.00 SERVICES, INC. 01 General Fund FEDEX KINKOS 220/Station budget print out for Sta. #6&7(Qty. 3) 166.56 01 General Fund FM SYSTEMS GROUP, LLC RS Enterprise Resource License with Web Reservations 3,679.33 01 General Fund FULLY PROMOTED FY20 Embroidery on Mobile Field Force Shirts 198.22 01 General Fund G&R AG PRODUCTS INC sprayer pumps-qty 12 396.92 01 General Fund GLASS DOCTOR Windshield Replaced for Unit#33 317.24 01 General Fund GOUL CONSTRUCTION Kleiner Park fishing dock parts 694.52 01 General Fund GRAINGER 220/Respirators and filters for training 78.16 01 General Fund HOME DEPOT CREDIT SERVICES 220/Hex key set,wrench, pliers Sta. 1 56.91 01 General Fund HOME DEPOT CREDIT SERVICES 220/Screwdrivers,Sta.4 11.71 01 General Fund HOME DEPOT CREDIT SERVICES 220/Paint supplies for tool identification,equip mtnc, 36.13 E36 01 General Fund HOME DEPOT CREDIT SERVICES 220/plunger for ST. 6,janitorial 42.36 01 General Fund HOME DEPOT CREDIT SERVICES 220/torch for training burns,training equipment 49.97 01 General Fund HOME DEPOT CREDIT SERVICES 6 heavy duty door stops; 10 kick down door stops 207.48 01 General Fund HULLFILM, LLC virtual tour project 4,700.00 01 General Fund IDAHO POWER 2200773816,City Hall Power October 2020 8,437.23 01 General Fund IDAHO POWER 2205054725, Police Power October 2020 3,411.31 01 General Fund IDAHO PRESS-TRIBUNE Ord 20-1900 Brody Square Subdivision 119.80 01 General Fund IDAHO PRESS-TRIBUNE Public Hearing Notice 11/4/20 City Council East Ridge 58.28 Sub. 01 General Fund IDAHO PRESS-TRIBUNE Public Hearing Notice 11/5/20 Planning&Zoning 68.64 Commis.Godd 01 General Fund IDAHO VICTIM WITNESS ASSOC FY21 VWC Association Annual Dues 50.00 01 General Fund IDAHO VICTIM WITNESS ASSOC FY21 VWC Association Dues 50.00 Page 378 Date:10/20/20 01:27:13 PM Page:2 Item#18. 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 IMPACT PEST SERVICES Pest Control Service on 9/29/2020 Bower Building 79.00 01 General Fund IMPACT PEST SERVICES Pest Control Service on 9/29/2020 City Hall 224.00 01 General Fund IMPACT PEST SERVICES Pest Control Service on 9/29/2020 FSl 79.00 01 General Fund IMPACT PEST SERVICES Pest Control Service on 9/29/2020 FS2 69.00 01 General Fund IMPACT PEST SERVICES Pest Control Service on 9/29/2020 FS3 69.00 01 General Fund IMPACT PEST SERVICES Pest Control Service on 9/29/2020 FS4 69.00 01 General Fund IMPACT PEST SERVICES Pest Control Service on 9/29/2020 FS5 69.00 01 General Fund IMPACT PEST SERVICES Pest Control Service on 9/29/2020 FS6 69.00 01 General Fund IMPACT PEST SERVICES Pest Control Service on 9/29/2020 FSC 49.00 01 General Fund IMPACT PEST SERVICES Pest Control Service on 9/30/2020 Community Center 69.00 01 General Fund IMPACT PEST SERVICES Pest Control Service on 9/30/2020 Homecourt 109.00 01 General Fund IMPACT PEST SERVICES Pest Control Service on 9/30/2020 K9 Bldg 49.00 01 General Fund IMPACT PEST SERVICES Pest Control Service on 9/30/2020 Police Admin 139.00 01 General Fund IMPACT PEST SERVICES Pest Control Service on 9/30/2020 PSTC 79.00 01 General Fund IN THE BAG PROMOTIONS, INC. Employee longevity awards supply restock 2,008.51 01 General Fund ISABELLE ARRIAGA CHALK ART COMP AWARD: PROFESSIONAL PEOPLE'S 50.00 CHOICE 01 General Fund JACKSON CODE CONSULTANTS, INC 20-0328 Fire Inspections September 2020 41,607.63 01 General Fund JAMIE BRYNN MONSON CHALK ART COMP AWARD: PROFESSIONAL ARTS 75.00 COMMISSIONS CHOICE 01 General Fund JAZZERCISE LLC instructor fee-Jazzercise 9/1-9/29/20-qty 16 624.80 01 General Fund JORDAN MARDIS instructor fee- Disc Golf for Kids 9/23-9/30/20-qty 9 208.80 01 General Fund ]PC CONSTRUCTION SERVICES LLC 220/roof repair in burn room,training tower, 2,190.00 completed 9-29 01 General Fund K-9 DISTRIBUTING Dog Food for K9 Gus 105.00 01 General Fund KENDALL FORD OF MERIDIAN Spark plug Boots Replaced with Water Pump Repair# 105.30 166 01 General Fund KIRSTEN KNIGHT CHALK ART COMP AWARD: AMATEUR PEOPLE'S 50.00 CHOICE 01 General Fund L.N. CURTIS AND SONS 220/Boots-Winkler 275.00 01 General Fund L.N. CURTIS AND SONS 220/Fleece Jackets(2) 204.00 01 General Fund L.N. CURTIS AND SONS 220/Job shirts(2), Fleece jackets(5) 646.00 01 General Fund L.N. CURTIS AND SONS 220/Jobshirts(22) Belts(17) 1,887.00 01 General Fund LAWN CO MAINTENANCE downtown tree box work 09/30/20 1,200.00 01 General Fund LAWN EQUIPMENT COMPANY Fuller Park mower repair nuts&bolts-qty 12 7.50 01 General Fund LEWIS ENTERPRISES LLC instructor fee- Martial Arts 9/4-9/29/20-qty 8 232.00 01 General Fund LEXIS NEXIS On-line legal research-September, 2020 130.00 01 General Fund LIFE ASSIST,INC 220/ Blood Pressure Cuffs(6)Inv w/o tax 189.00 01 General Fund LITTLE PALLETS LLC instructor fee-Teen Art Van Gough&Pottery 400.00 9/1-10/1/20 x 10 Page 379 Date:10/20/20 01:27:13 PM Page:3 Item#18. 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 LOGAN SIMPSON DESIGN 20-0299 Amendment No.2 Comp Planning Services 2,418.00 9/2020 01 General Fund LOWE'S 220/batteries for hearing impaired training device 39.87 01 General Fund MERIDIAN AUTOMOTIVE&MACHINE 220/ MF026 Replace left front blinker 41.95 01 General Fund MODERN PRINTERS Business Cards and False Alarm Reports 157.00 01 General Fund MODERN PRINTERS Printed Envelopes Com Dev Qty 500 54.00 01 General Fund MOORE ELIA KRAFT&HALL, LLP City of Meridian vs. Das/Co 08/11/20-09/01/20 585.00 01 General Fund MOTION&FLOW CONTROL PRODUCTS 220/Air hose,St. 1, bldg mtnc, picked up on 10-6-20 63.70 01 General Fund MUNICODE Municode Meetings Subscription 8,883.00 01 General Fund NATIONAL RECREATION&PARKS AS membership dues for MPR Dept. 9/30/20-9/30/21 1,150.00 01 General Fund OPENGOV INC 21-0056 Open Town Hall-Between$80-100 Million 22,000.00 01 General Fund OXARC,INC. 220/Refill 1 medical oxygen cylinder 14.26 01 General Fund PAUL'S MERIDIAN STINKER Emission Test for Unit# 139 20.00 01 General Fund PEACEKEEPTER PRODUCTS Batons&Carriers for CSO&Inventory 1,820.42 INTERNATIONAL 01 General Fund POWER SYSTEMS WEST 220/Emergency Bldg Generator annual Maintenance 295.00 01 General Fund POWER SYSTEMS WEST 220/Emergency Bldg Generator annual Maintenance, 1,720.28 9-29-20 01 General Fund PROFORCE LAW ENFORCEMENT 20-0407-Tasers for FY20 New Hires 11,031.20 01 General Fund PROFORCE LAW ENFORCEMENT Duty Belt Flashlights 160.45 01 General Fund PROFORCE LAW ENFORCEMENT Flashlights on Duty Belt 224.63 01 General Fund PROLINE PAVEMENT Bear Creek Park parking lot restriping 950.00 01 General Fund PROLINE PAVEMENT Champion Park parking lot restriping 250.00 01 General Fund PROLINE PAVEMENT Champion Park pathway asphalt repair 7,295.00 01 General Fund PROLINE PAVEMENT Tully Park parking lot striping 1,450.00 01 General Fund PROLINE PAVEMENT Tully Park pathways asphalt repair 7,840.00 01 General Fund RANDY S LATTIMER instructor fee-CountryDance,2-Step,Swing 360.00 9/1-9/29/20 x 9 01 General Fund REAL ANIMAL MANAGEMENT 20-0144 goose management services-September 2020 4,335.00 01 General Fund REVVED UP MOTORSPORTS Oil for Unit#527 8.99 01 General Fund RICOH USA,INC Addt'I Images for Sept 2020,CID,C86284085 707.90 01 General Fund RICOH USA,INC Addt'I Images for Sept 2020, Lt Hallway C86216993 108.86 01 General Fund RICOH USA,INC Addt'I Images for Sept 2020, PSTC C86247349 25.47 01 General Fund RICOH USA,INC C86197400 Copier Usage Sept 2020 42.60 01 General Fund RICOH USA,INC C86276344 RICOH image charges Sept 2020 177.60 01 General Fund RICOH USA,INC Print Copies ComDev S/N C86284062 7/23/20-8/22/20 71.12 01 General Fund ROGERS TIRE PROS AND AUTO CARE box trailer flat repair VIN049023 25.00 01 General Fund ROGERS TIRE PROS AND AUTO CARE trailer#5 tires-qty 2 VIN023823 256.90 01 General Fund SAFEBUILT LLC 20-0334 Building/Mechanical Plan Review 9/2020 36,753.44 01 General Fund SHI INTERNATIONAL CORP 21-0047 Enterprise Immune System 20,300.00 Page 380 Date:10/20/20 01:27:13 PM Page:4 Item#18. 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 SILVER CREEK SUPPLY credit on sprinklers for Kleiner Park-qty 35 (359.07) 01 General Fund SILVER CREEK SUPPLY Leemco repair couplings for all parks-qty 8 1,203.28 01 General Fund SILVER CREEK SUPPLY sprinklers for all parks-qty 88 1,831.84 01 General Fund SILVER CREEK SUPPLY sprinklers for Kleiner Park-qty 35 359.07 01 General Fund SLHS SERVICE AREA inv#2598875 A.Story Pre-Employment Physical 59.00 01 General Fund SLHS SERVICE AREA inv#2598875 E.Bustos Pre-Employment Physical 59.00 01 General Fund SLHS SERVICE AREA inv#2598875 F.Rudan Pre-Employment Physical 59.00 01 General Fund SLHS SERVICE AREA inv#2598875 G.Franzese Pre-Employment Physical 59.00 01 General Fund SLHS SERVICE AREA inv#2598875 3.Beaston Pre-Employment Physical 59.00 01 General Fund SLHS SERVICE AREA inv#2598875 P.Glynn Pre-Employment Physical 59.00 01 General Fund SLHS SERVICE AREA inv#2598875 R.Agema Pre-Employment Physical 59.00 01 General Fund SLHS SERVICE AREA inv#2598875 S.Frauenpreis Pre-Employment Physical 59.00 01 General Fund SLHS SERVICE AREA inv#2598875 T.Semon Intermediate Physical 138.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE 20-0410 220/MF008 Dump chute switch, Pump 291.21 DIVISION transion service 01 General Fund STAR FIRE DISTRICT MAINTENANCE 20-0410 220/MF037 Driver side mirror replacement 1,099.68 DIVISION 01 General Fund STAR FIRE DISTRICT MAINTENANCE 20-0410 220/MF041 Offic rear federette, LDH 4,131.29 DIVISION dishcarge valve 01 General Fund STAR FIRE DISTRICT MAINTENANCE 20-0410 220/MF045 Batteries(5) 667.45 DIVISION 01 General Fund STAR FIRE DISTRICT MAINTENANCE 21-0028 220/MF027 Water Pump, plugged radiator 1,929.75 DIVISION 01 General Fund STAR FIRE DISTRICT MAINTENANCE 21-0028 220/MF037 Oil Change, PM 775.36 DIVISION 01 General Fund STEPHANIE INMAN-TSOURMAS traffic box layouts for Pine Avenue Pathway Rest Area 500.00 01 General Fund STEPHANY GALBREAITH #3244 PerDiem:S.Galbreaith,PDMedia Relations Course, 196.00 Plano,TX 01 General Fund STRIVE WORKPLACE SOLUTIONS Clipboards for PD Qty.19 127.30 01 General Fund SYRINGA NETWORKS, LLC 21-0060 Dark Fiber(4 strands) 1,150.00 01 General Fund SYRINGA NETWORKS, LLC Internet B/W(1GB); Incr 4/28/20 1,595.00 01 General Fund T-ZERS SHIRT SHOP,INC Hats Inspection Team/Employee Appreciation Shirts 294.00 01 General Fund TARGETSOLUTIONS LEARNING, LLC. TSLearn Learning Management Platform,TSPremier 4,939.00 Premier Memb 01 General Fund TATES RENTS(GENERAL OFFICE) sod cutter for Renaissance Park 9/30/20 47.00 01 General Fund THE BRYAN YAGER GROUP, LLC Leadership development coaching 09/22/20 262.50 01 General Fund THE UPS STORE#2586 Postage to Send Evidence to Lab 137.04 01 General Fund TOTAL SYSTEM SERVICES 20-0033 HVAC Services at various City Facilities AUG 1,624.04 2020 01 General Fund TOTAL SYSTEM SERVICES 20-0405 HVAC Service At City Facilities SEPT2020 4,169.52 Page 381 Date:10/20/20 01:27:13 PM Page:5 Item#18. 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 TOTAL SYSTEM SERVICES HVAC Service Calls to Hmcrt, PSTC,and City Hall 2,680.01 Aug-Sep 202 01 General Fund TOTAL SYSTEM SERVICES HVAC service calls to Police and Fire Station 5 May2020 1,101.19 01 General Fund TOTAL SYSTEM SERVICES HVAC Service calls to Water, Police,and Homecourt 744.02 AUG2020 01 General Fund ULTRA TOUCH CAR WASH Car Wash 2014 Ford Fusion C18641 13.56 01 General Fund ULTRA TOUCH CAR WASH Detail Interior after Range Use, Unit# 143 107.95 01 General Fund UNIFORMS 2 GEAR CSO New Hire Gear, F. Rudan Cargo Pant,Jacket, 593.40 Patches, Bel 01 General Fund UNIFORMS 2 GEAR New Hire Gear, Beaston;Jacket, Patches,Trousers, 1,003.22 Cargo Pan 01 General Fund UNIFORMS 2 GEAR New Hire Gear, Bustos;Jacket, Patches,Trousers, 735.32 Cargo Pant 01 General Fund UNIFORMS 2 GEAR New Hire Gear, Frauenpreis Jacket, Patches,Shirts, 1,163.39 Trousers 01 General Fund UNIFORMS 2 GEAR New Hire Gear,Glynn;Jacket, Patches,Trousers, 964.95 Cargo Pant, 01 General Fund UNIFORMS 2 GEAR New Hire Gear,Semon Trousers, Long Sleeve Shirt, 830.39 Patches,T 01 General Fund UNIFORMS 2 GEAR Police Uniform and Gear, R.Overton Shirts,Trousers, 757.84 Pants, 01 General Fund UNIFORMS 2 GEAR Replacement Body Armor for 3 Officers 6,425.85 01 General Fund UPSON COMPANY FY20 No PO Repairs and Coating at Police Dept. 2,400.00 01 General Fund UPSON COMPANY FY20 No PO Touch up seams on Metal Laps Homecourt 1,400.00 01 General Fund VLCM 21-0024 Perimeter Defense Plan, Mimecast Internal 20,999.34 Email Prod 01 General Fund WAXIE SANITARY SUPPLY 20-0359 3cs Zehn-x sanitizing wipes 252.87 01 General Fund WAXIE SANITARY SUPPLY 20-0406 Sanitizing wipes for PW Department 688.94 01 General Fund WAXIE SANITARY SUPPLY Disinfectant for Wiping Down Gym Equipment 25.46 01 General Fund WIENHOFF DRUG TESTING Pre Employment Testing Qty.4 120.00 Total 01 General Fund 367,803.91 20 Grant Fund BENEVATE, INC. FY21 Software set up for housing rehab PY20 Admin 1,500.00 governmental 20 Grant Fund BOYS&GIRLS CLUBS OF ADA COUNTY 20-0129 CDBG PY18 Boys&Girls Club Scholarship 181.86 governmental Program 07/0 20 Grant Fund BRICON,INC 20-0385 CDBG PY19- Fairview Sdwlk Widening Cntrct 35,150.00 governmental 09/29/20 Page 382 Date:10/20/20 01:27:13 PM Page:6 Item#18. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 20 Grant Fund CDW GOVERNMENT IKEY RUGGED MOBILE KEYBOARD 1,040.85 governmental 20 Grant Fund JESSE TREE OF IDAHO 20-0131 CDBG PY19 Jesse Tree of Idaho 927.00 governmental Homelessness Preventio 20 Grant Fund NEIGHBORWORKS BOISE LENDING 20-0341 CDBG Mortgage Assistance Draw Req#1 3,652.83 governmental 4/1/20-8/31/20 Total 20 Grant Fund 42,452.54 governmental 60 Enterprise ADA COUNTY HIGHWAY DISTRICT 20-0224 ACHD-Linder-RR W/S Improvements thru 11,447.50 Fund 9/30/2020 60 Enterprise ADA COUNTY HIGHWAY DISTRICT 20-0243 ACHD Meridian-Cherry-Ustick Utility Imp. 89,985.80 Fund 9/222020 60 Enterprise ADA COUNTY HIGHWAY DISTRICT 20-0312 ACHD-1OMi-Ustick-McMilIan W/S Imp 15,597.58 Fund 9/22/2020 60 Enterprise ADA COUNTY HIGHWAY DISTRICT 20-0312 ACHD-10Mi-Ustick-McMilIan W/S Imp.to 23,636.00 Fund 9/30/2020 60 Enterprise ADA COUNTY HIGHWAY DISTRICT 20-0312 ACHD-10Mile-McMillian W/S Imp. Svc to 12,748.05 Fund 7/22/20 60 Enterprise ADVANCE AUTO PARTS Automotive Battery,C15632,WO#312339, FY20 137.13 Fund 60 Enterprise ANALYTICAL LABORATORIES INC. PO#20-0005, Bacti Sampling for Sept Fy20 1,615.95 Fund 60 Enterprise APSCO,INC. Primary chanber probes for screw sucker pump repair 1,213.71 Fund (1 qty) 60 Enterprise BROWN&CALDWELL 20-0282 WRRF Digester 6 Design Svcs to 8/20/2020 126,212.83 Fund 60 Enterprise CARRIER CORP Service maintenance agreement for Admin bldg-Oct 132.50 Fund 2020 60 Enterprise CARRIER CORP Service maintenance agreement for Lab bldg-Oct 2020 295.00 Fund 60 Enterprise CH2M HILL ENGINEERS, INC 19-0101 WRRF Exp Process Ctrl Software?Int Svc to 6,794.76 Fund 9/30/20 60 Enterprise CITY OF BOISE 20-0183 IPDES testing(104 tests)9/2-30/2020 4,024.50 Fund 60 Enterprise CITY OF BOISE 20-0183 IPDES testing(88 tests)8/5-26/2020 3,479.50 Fund 60 Enterprise CITY OF BOISE Sample testing for Pretreatment(13 tests)7/31/2020 182.50 Fund Page 383 Date:10/20/20 01:27:13 PM Page:7 Item#18. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise CIVIL SURVEY CONSULTANTS 19-0384 ACHD-Linder-Franklin-to RR W/S Imp to 1,296.00 Fund 9/30/2020 60 Enterprise CIVIL SURVEY CONSULTANTS 19-204,20-232 Wtr Main Ext.Victory-10Mi Svc to 1,931.00 Fund 9/30/20 60 Enterprise CIVIL SURVEY CONSULTANTS 20-0257 WRRF DAFT Design Svcs to 9/30/2020 785.00 Fund 60 Enterprise CIVIL SURVEY CONSULTANTS 20-0266 ITD-Eagle-Franklin-Leslie Design Svc to 5,080.00 Fund 9/30/20 60 Enterprise CIVIL SURVEY CONSULTANTS 20-0278 ACHD-Locust Grv-Overland-Victory Util Imp. 981.00 Fund 9/30/2020 60 Enterprise CIVIL SURVEY CONSULTANTS 20-0294 Inhouse Design-AutoCAD Asst. Svc to 3,080.00 Fund 9/30/2020 60 Enterprise CIVIL SURVEY CONSULTANTS 20-0393;20-0258ACHD Ten Mile&Amity Design FINAL 2,695.00 Fund 60 Enterprise CIVIL SURVEY CONSULTANTS No PO ITD-Chinden-Locust Gr-Linder Util.Adj. Svc to 254.00 Fund 9/30/20 60 Enterprise COMMUNITY PLANNING ASSOC COMPASS membership dues(first quarter) FY2021 8,814.18 Fund 60 Enterprise CONDOC No PO Multiple Projects CONDOC Svcs thru 9/30/2020 98.48 Fund 60 Enterprise CORE&MAIN LP Clamp Repair SS Single Section,Qty 1, FY21 673.25 Fund 60 Enterprise CSS GROUP Translore License, 1432 Tickets 278.98 Fund 60 Enterprise CULLIGAN OF BOISE Lab DI water maintenance agreement 1,090.00 Fund 60 Enterprise D&B SUPPLY Bib Overalls,J. Chandler,Qty 1, FY21 119.99 Fund 60 Enterprise DC ENGINEERING 20-0156 WRRF ATS Replacement Design Svc to 4,961.25 Fund 9/30/2020 60 Enterprise DIGLINE,INC. Digline Tickets for Sept FY20,Qty 1,477 2,684.50 Fund 60 Enterprise ENERGY MANAGEMENT CORPORATION 125hp GE Motor Rebuild,WO#GP22096, FY20 3,563.06 Fund 60 Enterprise ENERGY MANAGEMENT CORPORATION 125HP US Motor Rebuild,WO#GP22096, FY20 6,494.66 Fund 60 Enterprise ERS, EMERGENCY RESPONDER Labor to install hardwire streamlight in Collections truck 167.50 Fund SERVICES, INC. 60 Enterprise FASTENAL COMPANY Shrink wrap(2 qty) 35.22 Fund Page 384 Date:10/20/20 01:27:13 PM Page:8 Item#18. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise FERGUSON ENTERPRISES INC. 3/4in Meter Adapter,Qty 15, FY21 359.78 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Air Vac Bug Screen,Qty 85, FY20 2,178.48 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Air/vac relief valves for secondary clarifiers 3,4,&5(3 1,958.64 Fund q 60 Enterprise FERGUSON ENTERPRISES INC. Brass ball valve(3 qty) 186.68 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Manhole Ladder,Qty 1, FY21 170.96 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Marking Paint,Green,Qty 24, FY21 109.44 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Parts to install air/vac relief valves on secondary clarifie 123.38 Fund 60 Enterprise GEM STATE METALS SS plate for screen 1 bracket repair modification at 151.16 Fund headwor 60 Enterprise GRAINGER 2 inch PRV for chem feed bldg pump 5(1 qty) 448.00 Fund 60 Enterprise GRAINGER Fire extinguisher tag&camloks(5 qty) 97.67 Fund 60 Enterprise H.O.T. 2, LLLP REFUND of Warranty Surety-2017-0085 State Ave 3,906.20 Fund Office Bldg Or 60 Enterprise HACH COMPANY CLF10sc,CLT10sc,Mem bra ne Replacement Kit,Qty 1, 78.47 Fund FY21 60 Enterprise HACH COMPANY CLF10sc,CLT10sc,Mem bra ne Replacement Kit,Qty 2, 156.94 Fund FY21 60 Enterprise HOLBROOK&ASSOCIATES INC Replacement motor for compressor 2,gas booster bldg 5,400.00 Fund (1 qty) 60 Enterprise HOME DEPOT CREDIT SERVICES ABS Pipe,Cping,Cement,Male Adpt,Vac Suction 34.19 Fund Tube,FY21 60 Enterprise HOME DEPOT CREDIT SERVICES Ballast for Light Fixture,Door Stop 33.06 Fund Inventory,WO#313969,FY21 60 Enterprise HOME DEPOT CREDIT SERVICES Nifty Nabber Tool,Ratcheting Cargo Bar,Qty 4, FY21 84.88 Fund 60 Enterprise HOME DEPOT CREDIT SERVICES Premix fuel for lawnmower/weed eater,electrical test 108.13 Fund kit 60 Enterprise HOME DEPOT CREDIT SERVICES PVC pipe, hammer, marking crayon, PVC cement(57 304.46 Fund qty) 60 Enterprise HOME DEPOT CREDIT SERVICES Refund Tax Charge on INV#2055279, FY21 (2.58) Fund Page 385 Date:10/20/20 01:27:13 PM Page:9 Item#18. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise HOME DEPOT CREDIT SERVICES Wire Lock Pins, Lag Screw,Qty 13,WO#312322, FY21 45.57 Fund 60 Enterprise HONSINGER LAW 20-0062 FY20 Water Rights Legal Assistance to 3,340.00 Fund 9/30/2020 60 Enterprise IDAHO PRECAST,INC. Concrete vaults for air reliefs on secondary clarifiers 3& 1,319.72 Fund 60 Enterprise IMPACT PEST SERVICES Pest Control Service on 9/30/2020 Water 79.00 Fund 60 Enterprise INTEGRITY INSPECTION SOLUTIONS Labor&traffic control for manhole infiltration repairs 5,750.00 Fund 60 Enterprise IC CONSTRUCTORS INC 19-0100; 20-0352 WRRF Cap Exp. Svc to 9/30/2020 118,723.29 Fund 60 Enterprise JOHNSON CONTROLS FIRE No PO WRRF Cap. Exp. IP Programming Svc to 9/30/20 1,760.00 Fund PROTECTION LP 60 Enterprise JOHNSON CONTROLS FIRE Service Call for Blackrock Booster Alarm, 821.99 Fund PROTECTION LP WO#313634,FY20 60 Enterprise KELLER ASSOCIATES,INC. 20-0053 Well 18 Water Treatment Design Svc to 3,755.00 Fund 9/30/2020 60 Enterprise LAWN CO MAINTENANCE PO#21-0065, Lawn Care for Well Sites,Oct FY21 2,560.00 Fund 60 Enterprise LOWE'S Bucket, putty, mud pan, brush,quick setting cement(5 24.05 Fund qty) 60 Enterprise LOWE'S Paint brush roller&paint tray(3 qty) 10.39 Fund 60 Enterprise LOWE'S SCH 40 cap 3/4 inch(12 qty) 6.84 Fund 60 Enterprise LOWE'S Supplies for sanding concrete down at lift stations(2 22.77 Fund qty) 60 Enterprise LOWE'S Supplies for sanding concrete down at lift stations(3 24.14 Fund qty) 60 Enterprise MCMASTER-CARR SUPPLY COMPANY Broaches for lathe tool(2 qty) 285.90 Fund 60 Enterprise MIDGLEY-HUBER INC Taco pump seal kit(1 qty) 291.00 Fund 60 Enterprise MINUTEMAN LOCK&SECURITY Electronic Locks for Well Sites,Qty 7, FY20 4,625.94 Fund 60 Enterprise MINUTEMAN LOCK&SECURITY Make Copy of File Cabinet Key and Labor,Qty 67.50 Fund 1,WO#313973,FY20 60 Enterprise MOUNTAIN WATERWORKS,INC 20-0108 Sidestream Phos. Recovery Svc to 9/30/2020 16,534.36 Fund Page 386 Date:10/20/20 01:27:13 PM Page:10 Item#18. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise MOUNTAIN WATERWORKS,INC 20-0158 Well 17 Water Treatment Svcs to 9/18/20 4,357.00 Fund 60 Enterprise MOUNTAIN WATERWORKS,INC 20-0216 WRRF DAFT Retrofit Design Svcs to 9/18/2020 6,529.50 Fund 60 Enterprise MOUNTAIN WATERWORKS,INC 20-0298 Cernterfuge Cap Study Svcs to 9/18/2020 1,273.75 Fund 60 Enterprise MOUNTAIN WATERWORKS,INC 20-0308 WRRF Odor Study Service Through 9/30/2020 41,222.50 Fund 60 Enterprise MOUNTAIN WATERWORKS,INC 20-0310 Reuse Tank Recoat Eval Study Svc to 2,070.00 Fund 9/18/2020 60 Enterprise MSC INDUSTRIAL SUPPLY CO. 1/2 inch tap for shop(1 qty) 27.13 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. 1/2 inch tap punch sets for shop(4 qty) 313.97 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. HD extension cords for plant(2 qty) 186.90 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Nozzles for secondary clarifier 7 weir washer(5 qty) 164.60 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Nuts, bolts,&washers for shop(580 qty) 152.96 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Replacement hot water loop pump for Lab(1 qty) 883.00 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Small storage drawer for flare/compression(1 qty) 44.11 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Spring retractable hose reel for truck garage(1 qty) 300.30 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Tool way replacement covers for mill(1 qty) 198.39 Fund 60 Enterprise NORCO Eyewash stations&eye flush bottles(5 qty) 77.21 Fund 60 Enterprise NORCO First Aid Kits for Water Vehicles,Qty 14, FY20 537.32 Fund 60 Enterprise NORCO First Aid Kits for Water Vehicles,Qty 8, FY20 273.44 Fund 60 Enterprise NORCO Service Charge for Overdue Pymt on 14.19 Fund Inv#2973 562&29831640,FY20 60 Enterprise NORCO Service Charge on Overdue Pmt 15.54 Fund Inv#29831640&29763562,FY20 60 Enterprise OXARC,INC. Sodium bicarbonate(48 bgs) 1,305.02 Fund Page 387 Date:10/20/20 01:27:13 PM Page:11 Item#18. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise POSTNET Backflow Nov 1st Reminder Letters, Batch 1057,Qty 215.55 Fund 500, FY20 60 Enterprise POSTNET Backflow Sept 1st Final Letters, Batch 1055,Qty 300, 89.35 Fund FY20 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Test @ Well 32, 975.00 Fund WO#GP21556, FY20 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Test @ Well 26, 975.00 Fund WO#GP21556,FY20 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Test @ Well 27, 975.00 Fund WO#GP21556,FY20 60 Enterprise POWER SYSTEMS WEST PO#20-0364,Generator Load Test on Vic Res,FY20 975.00 Fund 60 Enterprise PRECISION EQUIPMENT REPAIR 500 hr service on camel hydrocleaner C16390 973.32 Fund 60 Enterprise REPUBLIC SERVICES-TRANSFER Biosolids disposal for September 2020 20,895.72 Fund STATION 60 Enterprise RICOH USA,INC C86232612 C86232690 B/W&Color pages Env and 203.55 Fund PW Print 9/20 60 Enterprise RICOH USA,INC C86234082 b/w(364 qty)&color(525 qty) images 35.53 Fund 09/20 60 Enterprise RICOH USA,INC C86236263 b/w(1,008 qty)&color(346 qty)images 29.72 Fund 09/20 60 Enterprise RICOH USA,INC C86242095 b/w(1,117 qty)&color(2,174 qty) images 117.86 Fund 09/20 60 Enterprise RICOH USA,INC SN#C86250182, Black,White,Color Copies,Sept FY20 135.75 Fund 60 Enterprise ROCKY MOUNTAIN COLLISION Emission Inspection for T. Hyslop Truck C18780 9.98 Fund 60 Enterprise ROCKY MOUNTAIN COLLISION Emission Test for C19564,WO#313630, FY20 14.98 Fund 60 Enterprise ROGERS MACHINERY COMPANY, INC. Parts for screw sucker pump vacuum rebuild (13 qty) 589.92 Fund 60 Enterprise SPECIALTY CONSTRUCTION SUPPLY Traffic control plans for sewer mainline warranty 105.00 Fund cleaning 60 Enterprise SPF WATER ENGINEERING, LLC 20-0093 Well 9 Replacement Design Svcs to 9/30/2020 8,185.15 Fund 60 Enterprise STATEFIRE DC SPECIALTIES, LLC Backflow inspection -work completed 9/28/2020 70.00 Fund 60 Enterprise STRIVE WORKPLACE SOLUTIONS Poly File Jackets,Qty 1, FY21 12.54 Fund Page 388 Date:10/20/20 01:27:13 PM Page:12 Item#18. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise STRIVE WORKPLACE SOLUTIONS Printer Toner for Backflow Printer,Qty 1, FY21 229.50 Fund 60 Enterprise STRIVE WORKPLACE SOLUTIONS Printer Toner for Backflow Printer,Qty 2, FY21 414.71 Fund 60 Enterprise STRIVE WORKPLACE SOLUTIONS Tissue,Wastebasket,Qty 2, FY21 64.66 Fund 60 Enterprise SULLIVAN REBERGER 20-0003 FY20 October 2020 Lobbying Fees 3,000.00 Fund 60 Enterprise THE UPS STORE#2586 Biosolids sample shipping 201.85 Fund 60 Enterprise THE UPS STORE#2586 IPDES sample shipping 160.73 Fund 60 Enterprise TOTAL SYSTEM SERVICES 20-0033 HVAC Services at various City Facilities AUG 36.84 Fund 2020 60 Enterprise TOTAL SYSTEM SERVICES 20-0405 HVAC Service At City Facilities SEPT2020 96.53 Fund 60 Enterprise TOTAL SYSTEM SERVICES HVAC Service calls to Water, Police,and Homecourt 369.00 Fund AUG2020 60 Enterprise TREASURE VALLEY DRILLING LLC 20-0300 Well 9 Test Well Constr. Svc to 9/30/2020 294,563.65 Fund 60 Enterprise TRUEPOINT SOLUTIONS LLC 21-0064 TruePoint Utility Billing Annual 30,750.00 Fund SMAll/l/2020-10/31/ 60 Enterprise USA BLUEBOOK Lens Cleaning Wipes,Qty 5, FY21 60.82 Fund 60 Enterprise VWR INTERNATIONAL LLC. Discharge tube for bottle top dispenser(1 qty) 122.08 Fund 60 Enterprise XEROX CORPORATION -PASADENA 8TB570607 b/w(346 qty)&color(766 qty)images 40.03 Fund 60 Enterprise XEROX CORPORATION -PASADENA 8TB576316 b/w(1,792 aty)&color(316 qty) images 24.76 Fund Total 60 Enterprise 944,187.69 Fund Report Total 1,354,444.14 Page 389 Date:10/20/20 01:27:13 PM Page:13 Item#19. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: AP Invoices for Payment- 10-20-20 - $6,358.18 Page 390 Item#19. 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 UNION PACIFIC RAILROAD CO 21-0041 FY21 Mo Lease for Main St Parking Lot 429.17 10/19/20-11/18 Total 01 General Fund 429.17 60 Enterprise ADAM&MINDI HUISH REFUND WT/S/T: 4067 N Rhodes Ave Cust. Paid After 76.77 Fund Closing 60 Enterprise ALMA&ARDELL GOLIGHTLY REFUND WT/S/T: 1772 W Sunny Slope Dr Title Co. 117.29 Fund Overpaid 60 Enterprise AMY PIERSON REFUND WT/S/T: 4633 N Price Ave Title Co.Overpaid 150.00 Fund 60 Enterprise ANDREW&ANGEL KOLBE REFUND WT/S/T: 3665 S Firenze Way Title Co. 37.67 Fund Overpaid 60 Enterprise ANDY T PHAM REFUND WT/S/T: 1374 E Commander St ACH 71.02 Fund Processed After Closi 60 Enterprise APRIL KRIGBAUM REFUND WT/S/T: 2823 N Ridgebury Ave Cust. Paid 66.05 Fund After Closing 60 Enterprise BORGMAN, KENT&MICHELE REFUND WT/S/T: 5637 N Peppard Ave Title Co. 69.84 Fund Overpaid 60 Enterprise BRIAN KORITZER&ALISON STADLER REFUND WT/S/T: 87 E Edmonds Dr Cust Paid After 98.22 Fund Closing 60 Enterprise BRUCE&ELLY VALLEJO REFUND WT/S/T: 2806 N Villere Ln ACH Processed 86.50 Fund After Closing 60 Enterprise CAROL SCHULTZ REFUND WT/S/T: 487 W Peck St Title Co. Overpaid 71.91 Fund 60 Enterprise CLARITY CREDIT UNION REFUND WT/S/T: 555 S Meridian Rd Cust. Overpaid 1,316.98 Fund 60 Enterprise DAVID&SCOTT HASLAM REFUND WT/S/T: 4271 E Blueberry Ln Title Co. 44.98 Fund Overpaid 60 Enterprise DONNA PELSE REFUND WT/S/T: 64 E Claire St Title Co.Overpaid 171.23 Fund 60 Enterprise EDWIN&CAROLYN SULLIVAN REFUND WT/S/T: 840 E Boulder Bar St Customer Paid 50.55 Fund After Clos 60 Enterprise ENES ALIBEGIC REFUND WT/S/T: 744 S Truss Ave Cust. Paid After 59.60 Fund Closing 60 Enterprise GEORGE&KRIS HEARST REFUND WT/S/T: 2835 S Slate Creek Way Title Co. 103.54 Fund Overpaid 60 Enterprise IVY NGUYEN REFUND WT/S/T: 2092 N Devlin Ave Dumpster Acct 288.52 Fund Credit Page 391 Date:10/20/20 02:07:20 PM Page:1 Item#19. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise JAMES&BONNIE LAWSON REFUND WT/S/T: 1852 E Pegram St Cust. Paid After 55.24 Fund Closing 60 Enterprise JAMES&FRANCES CORRIGAN REFUND WT/S/T: 436 E Rio Colinas Ct Cust. Paid After 65.09 Fund Closing 60 Enterprise JAMES M WARD REFUND WT/S/T: 246 E Red Rock St Title Co.Overpaid 93.39 Fund 60 Enterprise JAMES SCHUMACHER REFUND WT/S/T: 4501 N Beaham Ave Cust. Paid After 50.55 Fund Closing 60 Enterprise JERALD&CATHERINE TOUCHSTONE REFUND WT/S/T: 2803 N Sweetwood Ave Cust. Paid 53.54 Fund After Closing 60 Enterprise JERRY CULLUM REFUND WT/S/T: 2668 N Dayside Ave Title Co. 53.62 Fund Overpaid 60 Enterprise JOHN&BARBARA SPICKARD REFUND WT/S/T:3688 W Star Hollow Dr Cust. Paid 113.17 Fund After Closing 60 Enterprise JOSEPH&AMY STOVER REFUND WT/S/T: 668 W Cagney St Customer Paid 71.74 Fund After Closing 60 Enterprise KATHLEEN STEVENSON REFUND WT/S/T: 2361 N Bent Grass Ln Title Co. 88.14 Fund Overpaid 60 Enterprise KEVIN&HOLLY KINNAMAN REFUND WT/S/T: 4326 N Maplestone Ave Title Co. 74.33 Fund Overpaid 60 Enterprise KEVIN&SARAH RIGENHAGEN REFUND WT/S/T:3754 W Sugar Creek Dr Cust. Paid 111.65 Fund After Closing 60 Enterprise KNIEP FAMILY TRUST REFUND WT/S/T: 1921 S Ice Bear Way Title Co. 52.55 Fund Overpaid 60 Enterprise LEANNA MOSER REFUND WT/S/T: 3038 NW 3rd St Title Co. Overpaid 47.06 Fund 60 Enterprise LUTHER ASH REFUND WT/S/T: 1474 E Sothesby St Cust Paid After 51.63 Fund Closing 60 Enterprise MICHAEL PUNK&HANNAH ANDERSON REFUND WT/S/T: 4714 S Stromboli PI Title Co Overpaid 127.37 Fund 60 Enterprise MICHELLE R SHOBE REFUND WT/S/T: 1127 E Hunter Dr Cust. Paid After 84.62 Fund Closing 60 Enterprise NICHOLAS SPICER REFUND WT/S/T: 714 W Blue Downs St Title Co. 26.00 Fund Overpaid 60 Enterprise NOEL&JILL NUNLEY REFUND WT/S/T: 1765 N Summertree Way ACH 229.32 Fund Processed After clo 60 Enterprise PATRICIA L AMPTMAN REFUND WT/S/T: 909 W Carlton ACH Pulled After 200.56 Fund Closing 60 Enterprise PAUL&CONNIE NEWMAN REFUND WT/S/T: 2513 W Hungry Creek Dr Title Co. 77.95 Fund Overpaid Page 392 Date:10/20/20 02:07:20 PM Page:2 Item#19. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise RICHARD HARTUNG REFUND WT/S/T: 2316 NW 14th St TItle Co. Overpaid 96.80 Fund 60 Enterprise ROBERT A BARKER,JR. REFUND WT/S/T: 5183 N Beaham Ave Title Co. 37.67 Fund Overpaid 60 Enterprise ROD&TANYA EMORY REFUND WT/S/T: 4337 E Lachlan St Cust. Paid After 30.39 Fund Closing 60 Enterprise STEPHEN RUTHERFORD&JOYCE REFUND WT/S/T: 1539 E Commander St Title Co. 110.55 Fund LITTLE Overpaid 60 Enterprise STEVEN&DANIELLE MCDONALD REFUND WT/S/T: 1112 W Bear Track Dr Title Co. 62.40 Fund Overpaid 60 Enterprise STEVEN BRINKER REFUND WT/S/T: 2935 E Tybalt Dr Title Co. Overpaid 85.70 Fund 60 Enterprise SUE ANN RODGERS REFUND WT/S/T: 2119 E Chateau Dr ACH Processed 71.51 Fund after Closing 60 Enterprise SUSAN A ARMSTRONG REFUND WT/S/T:2420 E Lodge Trail Dr Cust. Paid 150.00 Fund After Closing 60 Enterprise TARA VAN ORSDAL REFUND WT/S/T: 3060 W Lost Rapids Dr Title Co. 56.99 Fund Overpaid 60 Enterprise TETYANA YEROKHINA REFUND WT/S/T: 2483 N Monaco Way Cust. Paid After 67.17 Fund Closing 60 Enterprise THOMAS J COONROD REFUND WT/S/T: 114 SW 8th Ave Cust. Paid After 77.86 Fund Closing 60 Enterprise TOBY BURLILE REFUND WT/S/T: 1824 N Swainson Ave Title Co. 133.19 Fund Overpaid 60 Enterprise TRIBAL FIRE SYSTEM&CKM LLC REFUND WT/S/T: 1565 S Rolling Hill Dr Title Co 141.28 Fund Overpaid 60 Enterprise VIJAY PARAMKUSHAM REFUND WT/S/T: 3239 E Girdner Ct Title Co.Overpaid 45.27 Fund 60 Enterprise WILLIAM&JOAN JOHN REFUND WT/S/T: 2895 N Morello Ave Title Co. 154.04 Fund Overpaid Total 60 Enterprise 5,929.01 Fund Report Total 6,358.18 Page 393 Date:10/20/20 02:07:20 PM Page:3 Item#20. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Community Development: Budget Amendment in the Amount of $7,590.00 for the Purchase of Software to Integrate ProjectDox,Accela, and Laserfiche Page 394 6 N F O M O C @ C � � O lti @ �a c m IL L W C U IL aa)OC m @ y O O J O Z Z O m o c O O� v) 0) 'S E v 1 rn ❑❑ `� c a) N ° A G o o o a O a on > b i r r N Q N E c C ❑❑ O) O 0 LL {� f0 >, tC0 r. r. a V r �1 0 a a u d u v 0 O O io E 4! 7 U 0) N L V a ) i E E IN LO v to a h Q E d u o o°n o E o Y Q h N Q ii U n w v 'r ai ON a) 4! C > > \ 0) 4� m a) m m m E z J '� o c C z z E a N C a to c c 0- C b I y L 0) v ° v E E a oc N LL a Q m c LO 4- 4; )za n OJ u E O a) W O V 00 m 0) V w m C v 01 E ° ` O c OJ o H c c � d a) ° y v ro c ° Q O E 3 E `—' O 1- .� C m fn p 4� :> (D ° c Q v v° ~ a� cu !EU v a O sn m _0 U_ =3 rn ° m v m Z E )n )n 3 V- H am+ ^ ^ O N H H H C CN L? V4 V', V? V> o LL •' Ol N C Q C: (J O M _0 m _0 mC N O C!N O > )p lL fa0 � N N a ar oo 'c `° W a = m ar a 0) C 4) 10 C i+ C Y O > a E •° ,"vp °� o ° g r ° z 3 O a a F a a Q � o �+ 3 3 O i y V c N v to N H U ° " Q N O O N N n a E E `w pT xi H � Y 7t y cu LL D_ W m 7t N N N N N N N N YX N N N N N N N N N N N N N 7k N N N N N N 3L N N N M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M O 0) 0) 0) m m m m m O 0) 01 m m m m m m m m (n m m O m m m m m m O m 0) 0) O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O ° LL C 4� N O lO O 4 c-I N m Ln O E vvv yl7 C7 U E-4vvvv rn � y 0 0 0 0 O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 o C o v v .� .� .� .� ti .� ti 0) OJ n .� .� .� .� .� .� ti ti ti ti ti ti ti Q m m .� .� .� .� a .� .� .� N O D m m m m N N N N CL Q m m m m m ti ti ti ti ti ti ti ti c4 0 ti ti ti ti ti ti Q m m m E N LL a O ° ti ti ti ti N N N N ice+ ti ti ti ti N N N y r. 0 0 0 0 0 0 0 o y o 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 o 0 0 o LL LL LL LL G. O V OC F Item#20. 3:11 PM City of Meridian FY2021 Budget Amendment Form Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Community Development Funding 2021 2022 2023 2024 2025 Title: ProjectDox,Accela and LaserFiche for Planning Division Personnel $ $ $ $ $ Insil foe Submitting Budget Amendments: Operating $ - $ $ $ $ >Department will send Amendment with Din=_dors signature to Finance(Budget Analyst)for review Capital $ 7,590 ➢ Fi nance wi l l send Amendment to Counci l Lia ison for signature Total $ - $ 7,590 $ $ $ $ ➢Counci l Liaison wi ll send signed Amen d me nt to Mayor Total Estimated Project Cost: $ 7,590 ➢ Mayor will send signed Amendment to Finance(BudgetAnalyst) Evaluation Questions ➢ Finance(Budget Anal will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. ➢ Departmentwill add copy of Amendment to Council Agenda using Novus Agenda Manager 1. Describe what is being requested? A major goal of the Community Development Department has been to fully move our Building,Planning,and Land Development applications,permitting,and plan review processes to an electronic platform.The Accela/ProjectDox initiative was originally budgeted and approved with the Building Evolution Budget Amendment two-years ago.The integration plan was set out in three phases;Building integration first(complete),then Planning,and finally the Land Development Division.As we looked at moving into the Planning integration phase,it became clear that centralizing our record keeping into the City's LaserFiche system will increase efficiencies and transparency. The cost for this integration,however,was not contemplated in the original budget. Therefore,we are proposing the subject increase to the overall project costs. 2. Why was this budget request not submitted during the current fiscal year budget cycle? The need for LaserFiche integration was not identified until after the draft budget had been established. 3. What is the ex lanation for not submitting this budget re uest during the next fiscal vear budget cycle? Most of the funds needed for the Planning phase to move forward have already been approved by Council;there are$56,000 currently available and an additional$7,590 are needed for LaserFiche integration.We would like to complete the Planning phase of integration in FY21 instead of carrying-forward a majority of the existing funds for another year and delaying the project. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. The subject Planning phase,phase 2 of the overall project,will use General Fund dollars.NOTE:There are approximately$17,000 dollars still in the overall project budget that will go towards implementation for Land Development(phase 3).The existing$17,000 dollars will not be sufficient to fully meet Lands implemention needs.CD anticipates requesting the additional funds to fully integrate Land with an enhancement to the FY22 budget. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? r This project,to go electronic with applications and review,and have that be integrated with our enterprise software(Accela)has been part of the Department's strategic plan for a few years. 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. Yes.This project is being managed by the IT Department,therefore their staff resources are needed. 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network?(Yes or No) 8.Is the amendment going to result in the disposal of an asset?(Yes or No) I No 9.Any additional comments? Total Amendment Request $ 7,590 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. Page 396 City of Meridian FY2020 Budget Amendment Form C:\Users\jfields\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\J70FWW52\FY2021 Budget Amendment Form Planning LaserFiche Integration(002) 0 Community Development Department : SOFTWARE INTEGRATION NEEDS PLANNING & BEYOND 0 Item#20. ACCELA & PROJECTIDOX , LASERFICHE INTEGRATION Background Info •Current Progress/Status •Document Storage & Records Retention Outstanding Needs Cost Projections PW Page 398 Community Deve • • Department : Current Record Repositories Planning Land Development Building Services Accela Accela ProjectDox* � W�W es Y Drive Laserfi� *cIenotes future • • • • - Item#20. Record Retention : Public Record Requests JANUARY 2020 - AUGUST 2020 475 Public Records Requests have been received 75% are requests for records from one or more division in Community Development 312+ hours CD staff time spent annually, searching for public records Page 400 Item#20. • Preserve Records Integrity Wh c •a s e rf ' e • Centralize Records y Automate Routine Tasks • Laserfiche is the City of Meridian's designated record repository • Web-based platform that is user friendly and transparent • Easy integration from Accela and ProjectDox for seamless, effortless document filing • Reduces redundancy (and errors) in document storage and improves access Page 401 Item#20. BENEFITS ■Compliance with the City's retention policy. Planning's repository is Laserfiche. Integration of multiple Divisions using one system. Current process requires the Plans to be exported from Accela to the Y:drive by Building. Same folder is used by Planning, Admin and Clerk's office to review plans, save project descriptions, revised plans, POL/various maps for public noticing so all relevant documents can be imported into Laserfiche. Eliminates the need for saving documents in multiple places. City staff is saving plans in three different places (e.g. Y:drive, Accela and Laserfiche). ■Automates the process which leads to less errors, better record retention, increased transparency with the public and more staff efficiencies — Peak Academy Page 402 Item#20. Government Provide increased accessibility and transparency to Excellence government at all levels which empowers residents to make decisions and utilize their voice in decision making process. Pursue legislative and other actions to ensure growth pays for itself in areas of education, transportation and other "The City of • • •• ' government provided services to achieve community needs. open, .. - and approachableill Embolden employees to innovate operations and simplify embodyour A' values proactive, high quality policies in order to improve government excellence and communicationprovide premier services to our citizens. employeesand stakeholders; enhancing community We will invest in our Utilize data informed decision making to meet the premier deliver - most standard for customer service and service delivery. innovative, and value added services, while providing financially sound, resilient and effective .. Page 403 Item#20. Projected Cost Breakdown : Planning LaZd' D- Laserfiche Project Dox $42,600 $32,250 COMPLETE - $74,850 integration Project Dox $20,300 $18,200 $18,200* - $56,700 to Laserfiche Accela to $18,600 $18,600 $62,900 $50,450 $18,200 $18,600 $150,150 *additional cost for Building records to move to Laserfiche and have that as repository Page 404 Item#20. Planning Division $56,000 ProjectDox workflow design & integration (Carry Over Funds) FY 21 Budget $17,618 Enhancement — Land Dev. CURRENT APPROVED PROJECT FUNDS Page 405 Item#20. PHASED APPROACH Planning ( Develop integration process for Planning first that can be duplicated for Land and Building in later phases. ■Sign agreement with Avolve for development of Planning workflow for ProjectDox & ProjectDox to Laserfiche integration and use the remaining $56,000 of carry forward funds towards the total cost of $62,900. ■ Need FY21 Budget Amendment (today) for the additional $7,590 to complete both Planning integrations. Page 406 Item#20. PHASED APPROACH . . . cont . Land Development & Building ( FY22 ) Use lessons learned and efficiencies from Planning effort. ■FY22 Enhancement request for the additional funds (approximately $75,000) needed to complete both integrations. Page 407 Item#20. CONCLUSION Now is the time PDOX and Accela integrations are underway — Building complete; Planning pending. Next phases utilize efforts from Planning phase for LaserFiche piece. Furthers a significant portion of the City-wide records retention initiative. Page 408 0 THANK YOU FOR YOUR CONSIDERATION Questions ? 0 0 Community Development Department : SOFTWARE INTEGRATION NEEDS PLANNING & BEYOND 0 Item#20. ACCELA & PROJECTIDOX , LASERFICHE INTEGRATION Background Info •Current Progress/Status •Document Storage & Records Retention Outstanding Needs Cost Projections Page 411 Community Deve • • Department : Current Record Repositories Planning Land Development Building Services Accela Accela ProjectDox* � W�W es Y Drive Laserfi� *cIenotes future • • • • - Item#20. Record Retention : Public Record Requests JANUARY 2020 - AUGUST 2020 475 Public Records Requests have been received 75% are requests for records from one or more division in Community Development 312+ hours CD staff time spent annually, searching for public records Page 413 Item#20. • Preserve Records Integrity Wh c •a s e rf ' e • Centralize Records y Automate Routine Tasks • Laserfiche is the City of Meridian's designated record repository • Web-based platform that is user friendly and transparent • Easy integration from Accela and ProjectDox for seamless, effortless document filing • Reduces redundancy (and errors) in document storage and improves access Page 414 Item#20. BENEFITS ■Compliance with the City's retention policy. Planning's repository is Laserfiche. Integration of multiple Divisions using one system. Current process requires the Plans to be exported from Accela to the Y:drive by Building. Same folder is used by Planning, Admin and Clerk's office to review plans, save project descriptions, revised plans, POL/various maps for public noticing so all relevant documents can be imported into Laserfiche. Eliminates the need for saving documents in multiple places. City staff is saving plans in three different places (e.g. Y:drive, Accela and Laserfiche). ■Automates the process which leads to less errors, better record retention, increased transparency with the public and more staff efficiencies — Peak Academy Page 415 Item#20. Government Provide increased accessibility and transparency to Excellence government at all levels which empowers residents to make decisions and utilize their voice in decision making process. Pursue legislative and other actions to ensure growth pays for itself in areas of education, transportation and other "The City of • • •• ' government provided services to achieve community needs. open, .. - and approachableill Embolden employees to innovate operations and simplify embodyour A' values proactive, high quality policies in order to improve government excellence and communicationprovide premier services to our citizens. employeesand stakeholders; enhancing community We will invest in our Utilize data informed decision making to meet the premier deliver - most standard for customer service and service delivery. innovative, and value added services, while providing financially sound, resilient and effective .. Page 416 Item#20. Projected Cost Bre akdown : Planning La�—d D- Laserfiche Project Dox $42,600 $32,250 COMPLETE - $74,850 integration Project Dox $20,300 $18,200 $18,200* - $56,700 to Laserfiche Accela to $18,600 $18,600 • $62,900 $50,450 $18,200 $18,600 $150,150 *additional cost for Building records to move to Laserfiche and have that as repository Page 417 Item#20. Planning Division $56,000 ProjectDox workflow design & integration (Carry Over Funds) FY 21 Budget $17,618 Enhancement — Land Dev. CURRENT APPROVED PROJECT FUNDS Page 418 Item#20. PHASED APPROACH Planning ( Develop integration process for Planning first that can be duplicated for Land and Building in later phases. ■Sign agreement with Avolve for development of Planning workflow for ProjectDox & ProjectDox to Laserfiche integration and use the remaining $56,000 of carry forward funds towards the total cost of $62,900. ■ Need FY21 Budget Amendment (today) for the additional $7,590 to complete both Planning integrations. Page 419 Item#20. PHASED APPROACH . . . cont . Land Development & Building ( FY22 ) Use lessons learned and efficiencies from Planning effort. ■FY22 Enhancement request for the additional funds (approximately $75,000) needed to complete both integrations. Page 420 Item#20. CONCLUSION Now is the time PDOX and Accela integrations are underway — Building complete; Planning pending. Next phases utilize efforts from Planning phase for LaserFiche piece. Furthers a significant portion of the City-wide records retention initiative. Page 421 0 THANK YOU FOR YOUR CONSIDERATION Questions ? 0 Item#21. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2021 Budget Amendment to Fund the Operating Account for Lakeview Golf Course for a Not-to-Exceed Amount of$700,000 Page 423 Item#21. n .°. v 'R f° O - -n w -n'b -n t0 O1 a # 7 0 � o a A� o o o � 0 0 0 o a o at w it c c C' 0. �! �n d � N v+ N w w O f0 D w t° `C w M w w w w w w w w o CL of D, $ ro a to o o $ g o $ o 0 0 0 � o0 N„ to V1 VI iA � y D 4A r► fb N V V 0 of , 4l 0y'/n� A. A. N N Fp tl A+ FA+ FA'+ FpA+ 1n N W N FN+ A O QOi S g G _ -�T yy N N V b �p N — o Q. 0 0 O O O O O O O O O G N is a a is 0 CL N C O N to A (1 r C m nTn 7 g G O N LNG 0 Ol R !D W C1 y M " \V w m w o p c obi �s a o o d o y ro 'H° o m C 00 C TI 9 N N N T \ M� C oi N 3 hi ?L O P o a. s al � m i to v+ to v+ .n V► v► w yr Vn vn of in 4A C z " o a w O P. 0 v V � cc n S w m g g 3 d CD d — — m — D rt g c, CL x ? r C a° w e „ m m go m o rr N cn 3 m C3 ry » 5 a $ — To I.X ao Doc Q `$ 8 g f�1 o3i oz, w 3 i C ,* 4 � s a c 7 A g c a .03 ,�' %{ eNo v o'o v m (�llll a a a x $ � N '° " * o w 61 w 0 0 G 8 ° ° �} C Q Y a ti l Page 424 Item#21. <o 'z m r'j.O 00 V Z Rt !.V� m p A S �w � N --� F+ F C N O� R f]J�[ lin w O E �^ Cf 7 p fD !D 7 vi• p H N .� 7 .. o ❑ m n a D, m !D o m c m ro v i Q °: rwD F mn a 1 o o w '�' = 7 m !D IV lu 1 7 ,x < 3 no- o n ° oy c ,� v ° , ro�o a N < p x w m q ID icx '1 G_ 4, + m d O' m C w < �. N w .Oi M � 0. O m � j C a � C N 7, v w = jQ a �� m n 3 3 0 tr ❑❑ Q A lb i G C C � G Q 4 rl r G w 7 � a a_ o yp O O { N n m " m m NCD ID �N O' 7 .ww O '� < N T 7 C ti! 7 7 m CJu a m C. .Oi. ' ai .+ n m a x r i D, a m 3 CL '° I ro f C ip ro �i Q m w 1 7 wC 7 a ` m a`r m y C. N � N O ` m =r y C m C O z_ A m c o a CL 0 o .. � �r0f 2 s �F m �n 5 00 (c C O 9 a v�� 19 N w {� $ a o m a r, ? a � �r 7c S - � N O Fi jr, y m c �`—' N .. 7 3 " 3 g L'171 ^ d a (D s� o ❑ O m a 3 O 4 rh R r `D 0 m �o 1. (D m f p Q n { c y C 1 E � . CCD s O 0 Q I 3 ° 3 9 �l m { S � � � o v s , 07 4`� • z { I f CL a I.3 d w C �� ; m an ral � < It 03 fi � o �. o 0. �„ o -3 A Qs v m .* o a m o o, " " N c M a n rn v °i m as x m 10 O I m 7 O j D, (AA W. O O G } w C 0 r > Page 425 Item#22. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Lakeview Golf Course Management Agreement Between the City of Meridian and Kemper Sports Management, Inc. Page 426 Item#22. LAKEVIEW GOLF COURSE MANAGEMENT AGREEMENT THIS LAKEVIEW GOLF COURSE MANAGEMENT AGREEMENT ("Agreement") is made and entered into as of October 27, 2020 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("Lessee") and Kemper Sports Management, Inc., an Illinois corporation ("KSM"). WITNESSETH: WHEREAS, Lessee leases, from the Western Ada Recreation District, the golf course, clubhouse, pro shop, restaurant, bar, and related facilities located in Meridian, Idaho known as "Lakeview Golf Club" (the "Club"); and WHEREAS, Lessee and KSM desire for KSM to operate and manage all Club amenities, including day-to-day operations, sales and marketing, golf course maintenance, food & beverage, membership sales, payroll and benefit administrations, insurance, financial reporting and accounting, and other related activities, subject to the terms and conditions of this Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants, promises and agreements herein contained, the Parties hereto agree as follows: ARTICLE 1 DEFINITIONS I.I. Definitions. All capitalized terms referenced or used in this Agreement and not specifically defined herein shall have the meanings set forth on Exhibit A attached hereto. ARTICLE 2 APPOINTMENT AND TERM 2.1. Appointment. Lessee hereby retains, engages and appoints KSM to perform the Management Services during the Term, as more fully described herein, and KSM hereby accepts said appointment upon and subject to the terms hereof. 2.2. Term. This Agreement shall be effective as of the Effective Date, but the initial term (the"Initial Term")for performance of the Management Services under this Agreement shall begin on November 6, 2020 (the "Commencement Date") and unless sooner terminated as provided in Article 9 below, shall terminate on March 31, 2021 (the "Termination Date"),provided, however, the Initial Term shall automatically renew on a month to month basis unless either party provides no less than thirty (30) days prior written notice to the other of its desire to not renew. Management Agreement 1 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 427 Item#22. ARTICLE 3 MANAGEMENT SERVICES 3.1. Management of the Club and Property. During the Term, KSM shall perform the management services described in this Article 3 in order to supervise, manage, direct and operate the Club and the Property on behalf of and for the account of Lessee (collectively, the "Management Services"), subject to the terms of this Agreement and consistent with the Operating Budget approved by Lessee. Lessee hereby delegates to KSM, subject to the (i) Budgets, (ii) Lessee's approval rights specifically described in this Agreement (the "Approval Rights"), (iii) Operating Budget, and(iv) other terms and conditions set forth herein,the discretion and authority to determine operating policies and procedures, standards of operation, house rules, standards of service and maintenance, pricing, and other policies, rules, and regulations affecting the Club or the Property or the operation thereof, to implement all of the foregoing, and to perform any act on behalf of Lessee deemed by KSM to be necessary or desirable for the operation and maintenance of the Club and the Property. 3.2. Use of the Property. Lessee hereby grants to KSM the right to use and occupy the Property during the Term for the purposes set forth herein. KSM shall, upon the expiration or prior termination of the Term, vacate and surrender the Club and Property to Lessee. 3.3. Scope of Services. Subject to the Budgets, the Approval Rights, and terms and conditions set forth herein, KSM shall use commercially reasonable efforts to perform those acts that are necessary in the opinion of KSM to operate and manage the Club, on behalf of and for the account, and at the sole cost and expense of, Lessee, in accordance with the standards of quality expected at comparable golf courses in the vicinity of the Club. In connection with the foregoing, KSM shall perform the following acts and services: (i) manage and supervise all day-to-day operations of the Club, including tee time reservations, collecting green and cart fees, clubhouse operations, outside services, course maintenance, managing tournaments and events, food & beverage, payroll and benefits administration, accounting and financial reporting, etc.; (ii) hire, train, and supervise all employees required to carry out KSM's responsibilities; (iii) manage payment of all Club Operating Expenses; (iv) acquire on behalf of the Club all goods and services necessary to carry out KSM's responsibilities; and (v) market the Club to achieve targeted objectives. 3.4. Bum. KSM shall prepare all budgets, as hereinafter set forth (collectively, the "Budgets"), with the advice and counsel of Lessee, based on what KSM believes to be reasonable assumptions and projections, and shall deliver such budget to Lessee for Lessee's review and written approval. All Budgets shall be presented in reasonable detail. KSM shall not be deemed to have made any guarantee or warranty in connection with the results of operations or performance set forth in the Budgets and the Parties acknowledge that the Budgets are based solely upon KSM's judgment and the facts and circumstances known by KSM at the time of preparation. 3.4.1 Operating Budget. Within forty-five (45) days after the Commencement Date, KSM shall submit to Lessee, for Lessee's review and written approval, an Operating Budget setting forth the forecasted revenues and expenses associated with the operations of the Club for the current Fiscal Year ("Operating Budget"). If by no later than February 15, 2021, Lessee and Management Agreement 2 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 428 Item#22. KSM have mutually agreed upon an extension of the Initial Term at least through Lessee's 2022 fiscal year,then in such event,by April 15,2021, KSM shall submit to Lessee, for Lessee's review and written approval, an Operating Budget of the Club for the upcoming Lessee fiscal year , or part thereof within the Term. 3.4.2 Lessee's Review and Approval of Budgets. KSM shall submit such proposed Budgets for Lessee's review and written approval,subject to the terms of this Agreement, which approval shall not be unreasonably withheld. Lessee shall give its written comments and/or approval within thirty (30) days after KSM delivers the Budgets to Lessee. If Lessee fails to provide any comments and approval with respect to a Budget within such time period, then the Lessee shall be deemed to have approved the Budget. In the event of disapproval of any Budgets, KSM shall continue operating the Club pursuant to the Budgets then in effect, subject to increases in Operating Expenses required due to (i) increases in Gross Revenues or (ii) weather or other matters beyond the control of KSM,until such time as Lessee and KSM agree upon the appropriate replacement Budgets. 3.4.3 Unanticipated Expenditures and Reallocation of Funds. KSM shall be required to obtain Lessee's prior written approval of any expenditures that would result in the total FY21 Operating Budget expenditures being exceeded by more than five percent (5%). KSM is authorized to take all action reasonably deemed necessary by KSM to implement, perform, or cause the performance of the items set forth in the Budgets. Lessee acknowledges that KSM has not made any guarantee, warranty, or representation of any nature whatsoever concerning or relating to (i) the Budgets, or (ii) the amounts of Gross Revenues or Operating Expenses to be generated or incurred from the operation of the Club. 3.5. Financial Management, Accounting Records and Reporting. The Management Services will include: (i) maintaining all books, records, and other data associated with the financial activities of the Club, (ii) preparing the Operating Budget, cash flow budgets, and other financial forecasts, and (iii) being responsible for the day-to-day financial affairs of the Club. The foregoing tasks will be performed by KSM home office staff(the "Home Office Services"). All accounting records shall be maintained in a format consistent (in all material respects) with generally accepted accounting principles. 3.5.1. Financial Reporting. During the Term, KSM shall provide the following financial statements in a format reasonably specified by Lessee: (i) KSM shall submit to Lessee, within twenty (20) days after the close of each calendar month, a financial statement showing in reasonably accurate detail the financial activities of the Club for the preceding calendar month and the fiscal year to date. (ii) KSM shall submit to Lessee, within sixty (60) days after the close of each fiscal year, a financial statement showing in reasonably accurate detail the financial activities of the Club for the fiscal year then ended. 3.5.2. Internal Control. KSM agrees to develop, install, and maintain reasonably appropriate accounting, operating, and administrative controls governing the financial aspects of Management Agreement 3 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 429 Item#22. the Club, such controls to be consistent (in all material respects) with generally accepted accounting principles. 3.5.3. Records and Inspection. KSM shall maintain a set of all financial, vendor and operating records relating to the Club at the Property. At any time during the Term, Lessee shall have the right, after three (3) days prior written notice to KSM, to inspect and photocopy the books, records, invoices, deposits, or other financial data or transactions of the Club at reasonable times and during normal business hours;provided, however, Lessee shall use its best efforts to not cause any disruptions in the operations of the Club in connection with such inspections. Notwithstanding the foregoing, such inspection rights shall not extend to any inspection of KSM corporate records at its corporate office or any records relating to any other projects or locations. Upon expiration or termination of this Agreement, KSM will promptly turn over all such Club records to Lessee; however, KSM may retain copies as required by applicable records retention policies or law. 3.6. Bank Accounts. KSM shall establish, in KSM's name, an Operating Expense Account, a Deposit Account, and a Payroll Account, at a bank designated by KSM. The records and bank statements shall be subject to inspection by Lessee pursuant to the terms recited herein. All Gross Revenues of the Property shall be collected,received,and deposited by KSM exclusively through the Deposit Account in accordance with the terms of this Agreement. All Operating Expenses shall be handled and expended exclusively through the Operating Expense Account. KSM shall provide Lessee with a completed ACH Form (available from the Lessee Finance Department), authorizing Lessee's direct deposit into the Operating Expense Account. All Gross Payroll for the Club shall be handled and expended exclusively through the Payroll Account. KSM shall provide Lessee with a completed ACH Form (available from the Lessee Finance Department), authorizing Lessee's direct deposit into the Operating Expense Account. 3.7. Employees. As part of the Operating Budget, KSM shall (i) determine personnel requirements, recruitment schedules, and compensation levels, (ii) furnish job descriptions, performance appraisal procedures, employee benefit programs, and operational and procedural manuals for all personnel,and(iii)establish forms and procedures for employee compensation and Club incentive programs. KSM shall hire, promote, discharge, and supervise all employees performing services in and about the Club. All of the employees of the Club shall be employees of KSM. 3.8. Marketin>?. KSM shall make recommendations to Lessee as to fees and rates. KSM shall develop the ongoing marketing plan for the Club and define a schedule of marketing and advertising activities, which shall be submitted to Lessee as part of the Operating Budget. KSM shall indicate on the premises that the Club is being managed by KSM. 3.9. Environmental Remediation. Throughout the Term, if KSM becomes aware of the presence of any Hazardous Material in a quantity sufficient to require remediation or reporting under any Environmental Law in, on or under the Property or if KSM, Lessee, the Club, or the Property becomes subject to any order of any federal, state or local agency to investigate, remove, remediate, repair, close, detoxify, decontaminate or otherwise clean up the Property, KSM shall notify Lessee and Lessee, at its sole expense, shall use all commercially reasonable efforts to carry out and complete any required investigation, removal, remediation,repair, closure, detoxification, Management Agreement 4 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 430 Item#22. decontamination or other cleanup of the Property; provided that such remediation activities shall be at KSM's expense if such activities are required as a direct consequence of Hazardous Material being present in, on or under the Property solely as a result of grossly negligent actions undertaken by KSM. Lessee acknowledges and agrees that Lessee shall be solely responsible for any legal or other liability arising out of the presence of any Hazardous Material in, on or under the Property, except to the extent such Hazardous Material is present in, on or under the Property solely as a result of grossly negligent actions undertaken by KSM. 3.10. Contracts. KSM shall recommend to Lessee such agreements as KSM may deem necessary or advisable for the furnishing of all food, beverages, utilities, concessions, entertainment, operating supplies, equipment, repairs and other materials and services as KSM determines are needed from time to time for the management and operation of the Club. All such agreements shall be approved by and executed by the Lessee. Where applicable, Lessee purchases may be eligible for discounted prices offered to KSM clients as part of a national buying program established by KSM for eligible purchases on behalf of the Club. In consideration of KSM's efforts to manage and administer such national buying program and leverage volume across the aggregate of its portfolio of clients, KSM may retain any national aggregation fees, rebates, administrative fees and similar considerations provided to KSM by participating vendors with respect to such national account purchases. 3.11. Licenses, Permits and Accreditations. Following prior written approval by Lessee, KSM shall apply for and use its commercially reasonable efforts to obtain and maintain in Lessee's name (or, if otherwise required by applicable law, in KSM's name), all licenses, permits, and accreditations required in connection with the management and operation of the Club, the cost of which shall be an Operating Expense. Lessee will cooperate with KSM in applying for, obtaining, and maintaining such licenses (including liquor licenses), permits, and accreditations. 3.12. Legal Action. KSM may not institute any legal action by or on behalf of Lessee or the Club without the prior written consent of Lessee and Lessee may not institute any legal action by or on behalf of KSM without the prior written consent of KSM. 3.13. Emergency Expenditures. In the event, at any time during the Term, a condition should exist in, on, or about the Property of an emergency nature which, in KSM's sole and absolute discretion,requires immediate action to preserve and protect the Property,to better assure the Club's continued operation, or to protect the Club's customers, guests, or employees, KSM is authorized to take all steps and to make all reasonable expenditures necessary to repair and correct any such condition, whether or not provisions have been made in the applicable Budgets for any such expenditures. Lessee shall be notified of the need for, and estimated amount of, any such emergency expenditures as soon as reasonably practical. 3.14. Compliance with Laws. KSM shall, at Lessee's expense, use commercially reasonable efforts to (i) comply in all material respects with all federal, state and local laws, ordinances, rules, or governmental regulations now or hereafter in force, or by order of any governmental or municipal power, department, agency, authority, or officer (collectively"Laws") applicable to the use, operation, maintenance, repair and restoration of the Club and Property, whether or not compliance therewith shall interfere with the use and enjoyment of the Club and Property; and (ii), except for those which are the obligation of Lessee or Lessee's separate Management Agreement 5 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 431 Item#22. contractors, procure, maintain and comply with all licenses and other authorizations required for any use of the Club and Property then being made, and for the operation and maintenance of the Club and Property or any part thereof, the costs of which shall be Operating Expenses. Notwithstanding the foregoing, Lessee acknowledges and agrees that Lessee or its construction contractors shall be responsible for procuring, maintaining and complying with all licenses and other authorizations relating to design, construction, zoning, erection, installation and similar matters relating to any construction at the Club. If at any time during the Term KSM is notified or determines that repairs, additions, changes, or corrections in the Property of any nature shall be required by reason of any Laws, KSM shall notify Lessee and request Lessee's consent to take all reasonable steps and to make all reasonable expenditures necessary to repair and correct any such repairs, additions, changes, or corrections whether or not provisions have been made in the applicable Budgets for any such expenditures, the costs of which shall be Operating Expenses. If Lessee withholds such consent, KSM shall not be liable for any failure of the Property to be in compliance with such Laws and Lessee shall indemnify KSM pursuant to Article 7 hereof in connection with any such withholding of consent. 3.15. Other Duties and Prerogatives. KSM shall use commercially reasonable efforts to perform any act that KSM determines is necessary to operate and manage the Club and the Property during the Term, subject to the terms and conditions hereof. In fulfilling its operational and managerial responsibilities hereunder, KSM shall have all rights ordinarily accorded to a manager in the ordinary course of business, including, without limitation, the collection of proceeds from the operation of the Club and the Property, the incurring of Trade Debts, not to exceed five thousand dollars ($5,000.00), in Lessee's name, the approval and payment of such Trade Debts, and the negotiating leases of personal property, no lease term of which may exceed one (1) year. KSM shall obtain Lessee's prior, written consent prior to incurring Trade Debts in excess of five thousand dollars ($5,000.00), leases of personal property for a term in excess of one (1) year, or other contractual obligation. For purposes hereof, a "Key Employee" of KSM shall mean debt owed for a good or service received but not yet paid for, and due and owing within ninety (90) days. KSM shall not be obligated to advance any of its own funds to or for the account of Lessee nor to incur any liability, unless Lessee shall have furnished KSM with funds necessary for the full discharge thereof. Further, KSM shall not be obligated to sign any leases, contracts or other agreements in KSM's name. However, if for any reason KSM shall have advanced funds in payment of any reasonable expense in connection with the maintenance and operation of the Club or the Property, Lessee shall reimburse KSM within thirty (30) days after invoice for the full amount of such payments. Lessee's failure to reimburse KSM as provided herein for any such payment shall be an Event of Default by Lessee. ARTICLE 4 RESPONSIBILITIES OF LESSEE 4.1 Expenditures. Lessee acknowledges that it is solely responsible for all Operating Expenses and capital expenditures required for or on behalf of the Club, provided that such Operating Expenses and capital expenditures are made in accordance with the terms of this Agreement. Lessee shall be responsible for all other expenditures and obligations in connection with the Club and the Property, including without limitation, all federal, state and local taxes and all principal and interest payments on indebtedness. Management Agreement 6 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 432 Item#22. 4.2 Lessee's Advances. Lessee shall advance funds to the Operating Expense Account and the Payroll Account described in Section 3.6 to conduct the affairs of the Club and maintain the Property ("Lessee's Advances") as set forth below. Such Lessee's Advances shall be paid in the form and manner as described in Section 3.6. Lessee acknowledges and agrees that it has sole responsibility for providing Lessee's Advances and KSM shall have no responsibility to provide funds for the payment of any Operating Expenses, Gross Payroll, debts or other amounts payable by or on behalf of the Club, the Property or Lessee. 4.2.1 Operating Expense Account. On or before the Commencement Date (and in any event, prior to KSM's incurrence of any Operating Expenses), Lessee shall deposit into the Operating Expense Account, Lessee's Advances equal to two (2) months' estimated Operating Expenses ("Operating Expense Minimum"). Lessee shall replenish the Operating Expense Account in order to maintain the Operating Expense Minimum in the Operating Expense Account as described below. KSM shall use the funds in the Operating Expense Account to pay the Operating Expenses of the Club. On a monthly basis, KSM shall provide Lessee with a statement describing the anticipated source and use of funds for the Club for the next monthly period. Within thirty (30) days after Lessee's receipt of such statement from KSM, Lessee shall remit to the Operating Expense Account the amount set forth in such statement, less the amount, if any, then on deposit in the Deposit Account to the extent Lessee authorizes the transfer of such amount to the Operating Expense Account. The Parties agree to adjust the Operating Expense Minimum seasonally, or as otherwise required from time to time, in order to reflect the then-current payment obligations of the Club. 4.2.2 Payroll Account. On or before the Commencement Date(and in any event, prior to KSM's incurrence of any Gross Payroll obligations),Lessee shall remit to KSM for deposit into the Payroll Account, Lessee's Advances equal to at least two (2) months' estimated Gross Payroll obligations ("Payroll Expense Minimum"), whichever amount is greater. Lessee shall replenish the Payroll Account in order to maintain the Payroll Expense Minimum in the Payroll Account as described below. Every two (2) weeks, KSM shall fund payroll and the Gross Payroll obligations from the Payroll Account and concurrently provide Lessee with a statement containing such funded Gross Payroll obligations of the Club. Within thirty (30) days after Lessee's receipt of such statement from KSM, Lessee shall remit to the Payroll Account the amount set forth in such statement, less the amount, if any,then on deposit in the Deposit Account to the extent Lessee authorizes the transfer of such amount to the Payroll Account. The Parties agree to adjust the Payroll Expense Minimum seasonally, or as otherwise required from time to time, in order to reflect the then-current payroll obligations of the Club. 4.3 Insurance. Insurance for the Property shall be as set forth in Exhibit C "Insurance Provisions" attached hereto. ARTICLE 5 FEES AND EXPENSES 5.1 Management Fee. Lessee shall pay KSM management fees as follows(collectively, the "Management Fee"): Management Agreement 7 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 433 Item#22. 5.1.1 Base Management Fee. During the Term, Lessee shall pay KSM a monthly fee of seven thousand dollars ($7,000.00), prorated for partial months ("Base Management Fee"). The Base Management Fee shall be increased each year on the anniversary of the Commencement Date by three (3) percent. Payment of the Base Management Fee, and the Home Office Services Fee set forth below, shall be made directly to the Operating Expense Account. 5.1.2 Home Office Accounting Services Fee. In addition to the Base Management Fee described above, in consideration for the Home Office Services, Lessee shall pay KSM a fee of two thousand dollars ($2,000.00) per month, prorated for any partial months (the "Home Office Accounting Services Fee"). 5.1.3 Method of Payment of Management Fee. On a monthly basis, KSM shall submit to Lessee an itemized invoice for the Management Fees, which Lessee shall pay within thirty(30) days of receipt. 5.2 Out-of-Pocket Expenses. In addition to all other fees and expenses recited herein payable to KSM, and subject to Lessee's prior approval of same in the Budgets, it is agreed that Lessee shall reimburse KSM within thirty (30) days of invoice for all actual out-of-pocket expenses incurred by KSM in the performance of this Agreement. Out-of-pocket expenses shall include, but shall not be limited to, reasonable travel, air express, courier service, costs of recruitment (including applicable agent's fees), and other incidental expenses. In addition, the costs of an interim General Manager,including but not limited to,compensation,reasonable travel, temporary housing, etc., shall be included as Operating Expenses. Reimbursement for such out- of-pocket expenses will be made at actual cost and may be made directly from the Operating Expense Account. ARTICLE 6 COVENANTS AND REPRESENTATIONS 6.1 Lessee's Covenants and Representations. Lessee makes the following covenants and representations to KSM, which covenants and representations shall, unless otherwise stated herein, survive the execution and delivery of this Agreement: 6.1.1 Corporate Status. Lessee is a duly constituted municipal corporation duly organized, validly existing, and in good standing under the laws of Idaho, and authorized to transact business in Idaho, with full corporate power and authority to enter into this Agreement. 6.1.2 Authorization. The making, execution, delivery, and performance of this Agreement by Lessee has been duly authorized and approved by all requisite action, and this Agreement has been duly executed and delivered by Lessee and constitutes a valid and binding obligation of Lessee, enforceable in accordance with its terms. 6.1.3 Effect of Agreement. Neither the execution and delivery of this Agreement by Lessee nor Lessee's performance of any obligation hereunder(a) shall constitute a violation of any law, ruling, regulation, or order to which Lessee is subject, or (b) shall constitute a default of any term or provision or shall cause an acceleration of the performance required under any other agreement or document (i) to which Lessee is a party or is otherwise bound, or (ii) to which the Club, the Property or any part thereof is subject. Management Agreement g KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 434 Item#22. 6.1.4 Property Rights. Lessee currently possesses, and shall retain during the Term,all of the property interests in the Club and the Property necessary to enable KSM to perform its duties pursuant to this Agreement peaceably and quietly. Such property interests shall include all trade names and logos Lessee uses in the operation of the Club. Lessee represents and warrants that KSM's performance of the services required by this Agreement shall not violate the property rights or interests of any other Person. 6.1.5 No Litigation. There are no actions, suits or proceedings pending, or to the best of Lessee's knowledge, threatened against Lessee that may adversely affect the Club, the Property or the Lessee in connection with the operations of the Club. 6.1.6 No Violation. There is no existing violation or breach of any ordinance, code, law, rule, requirement or regulation applicable to the Club or the Property, and Lessee is not aware of the basis for any such violation or breach. 6.1.7 Hazardous Material. Lessee is not aware of the presence of any Hazardous Material in, on or under the Property in a quantity sufficient to require remediation or reporting under any Environmental Law, and Lessee has not received notice of any violation or alleged violation of any Environmental Law with respect to the Property. 6.1.8 Documentation. If necessary to carry out the intent of this Agreement, Lessee agrees to execute and provide to KSM, on or after the Commencement Date, any and all other instruments, documents, conveyances, assignments, and agreements which KSM may reasonably request in connection with the operation of the Club. 6.2 KSM's Covenants and Representations. KSM makes the following covenants and representations to Lessee, which covenants and representations shall, unless otherwise stated herein, survive the execution and delivery of this Agreement: 6.2.1 Corporate Status. KSM is a corporation duly organized, validly existing, and in good standing under the laws of Illinois, and authorized to transact business in Idaho, with full corporate power to enter into this Agreement and execute all documents required hereunder. 6.2.2 Authorization. The making, execution, delivery, and performance of this Agreement by KSM has been duly authorized and approved by all requisite action and this Agreement has been duly executed and delivered by KSM and constitutes a valid and binding obligation of KSM, enforceable in accordance with its terms. 6.2.3 Effect of Agreement. Neither the execution and delivery of this Agreement by KSM nor KSM's performance of any obligation hereunder(i) will constitute a violation of any law, ruling, regulation, or order to which KSM is subject, or (ii) shall constitute a default of any term or provision or shall cause an acceleration of the performance required under any other agreement or document to which KSM is a party or is otherwise bound. ARTICLE 7 INDEMNIFICATION Management Agreement 9 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 435 Item#22. 7.1 Lessee's Indemnification Obligations. To the extent allowed by Idaho law, Lessee shall defend, indemnify and hold KSM and its Affiliates and each of their shareholders, members, officers, directors, managers, employees, agents, and representatives (the "KSM Related Parties") harmless of and from all liability, loss, damage, cost, or expense (including, without limitation, reasonable attorneys' fees and expenses) arising from or relating to (i) the performance of the Management Services on behalf of Lessee including in connection with the transition of the management of the Club to KSM; or (ii) Hazardous Materials or other conditions existing at the Club or the Property; (iii) any acts or omissions of Lessee (or its officers, directors, agents, employees, representatives, contractors and others for whom Lessee is responsible); (iv) any acts or omissions occurring in connection with the operation or management of the Club prior to the Term; and (v) any breach by Lessee of any of Lessee's covenants, representations, and warranties herein; to the fullest extent permitted by law, except to the extent such liabilities were caused by KSM's willful or criminal misconduct, gross negligence or fraudulent conduct. 7.2 KSM's Indemnification Obligations. KSM shall indemnify Lessee and Lessee's shareholders,officers,directors, employees,agents,and representatives("Lessee Related Parties") from all liability, loss, damage, cost, or expense (including, without limitation, reasonable attorneys' fees and expenses) arising out of third party claims caused by KSM's willful misconduct, gross negligence or fraud of its corporate executive level employees and Executive Golf Employees,to the fullest extent permitted by law, except to the extent such acts or omissions were directed or approved by Lessee,or such liabilities were caused by Lessee's willful or criminal misconduct, gross negligence or fraud.. 7.3 Survival. The defense and indemnification obligations contained in this Article 7 shall survive the expiration or termination of this Agreement for any reason. ARTICLE 8 REMEDIES 8.1 Events of Default. The occurrence of any one or more of the following events which is not cured within the specified cure period, if any, shall constitute a default under this Agreement (hereinafter referred to as an"Event of Default"): (i) Failure to Pay Sums Due. Either Party's failure to pay any sums payable under this Agreement when and as the same shall become due and payable and such failure shall continue for a period of five (5) days after written notice (specifying the item not paid) thereof from the other Party to the defaulting Party; (ii) Failure to Comply. Either Party's material failure to comply with any of the terms or conditions of this Agreement, and such failure shall continue for a period of thirty(30) days after written notice thereof from the other Party to the defaulting Party specifying in detail the nature of such failure. Notwithstanding the foregoing, in the event any such failure cannot with due diligence be cured within such 30-day period, if the defaulting Party proceeds promptly and diligently to cure the same and thereafter diligently prosecutes the curing of Management Agreement 10 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 436 Item#22. such failure, the time within which the failure may be cured shall be extended for such period as may be necessary for the defaulting Party to cure the failure; (iii) Bankruptcy. If either Party (i) applies for or consents to the appointment of a receiver, trustee, or liquidator of itself or any of its property, (ii) is unable to pay its debts as they mature or admits in writing its inability to pay its debts as they mature, (iii)makes a general assignment for the benefit of creditors, (iv) is adjudicated as bankrupt or insolvent, or (v) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors, or taking advantage of any bankruptcy, reorganization, insolvency, readjustment of debt, dissolution or liquidation law or statute, or admits the material allegations of a petition filed against it in any proceedings under any such law, or if any action shall be taken by said party for the purpose of effecting any of the foregoing (collectively, an"Insolvency Proceeding"); or (iv) Reorganization; Receiver. An order,judgment, or decree is entered without the application, approval, or consent of either Party by any court of competent jurisdiction approving a petition seeking reorganization of said Party or appointing a receiver,trustee,or liquidator of said Party,or of all or a substantial part of any of the assets of said Party, and such order, judgment, or decree remains unstayed and in effect for a period of ninety (90) days from the date of entry thereof. 8.2 Lessee's Remedies. Upon the occurrence of an Event of Default by KSM, Lessee may: (i) seek specific performance of KSM's obligations or injunctive relief, as applicable; (ii) demand and receive payment of all amounts due Lessee under the terms of this Agreement and the payment of all costs, damages, expenses, and reasonable attorneys' fees of Lessee arising due to KSM's Event of Default;(iii)proceed to remedy the Event of Default,and in connection with such remedy, Lessee may pay all expenses and employ counsel. All sums so expended or obligations incurred by Lessee in connection therewith shall be paid by KSM to Lessee, upon demand by Lessee, and on failure of such reimbursement, Lessee may, at Lessee's option,deduct all costs and expenses incurred in connection with remedying the Event of Default from the next sums becoming due to KSM from Lessee under the terms of this Agreement; and (iv) terminate this Agreement by written notice of termination to KSM. Upon proper termination of this Agreement, KSM shall surrender occupancy of the Property to Lessee, shall remit to such Lessee any and all funds not used for the designated purposes thereof. No remedy granted to Lessee is intended to be exclusive of any other remedy herein or by law provided, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, or by statute. No delay or omission by Lessee to exercise any right accruing upon an Event of Default shall impair Lessee's exercise of any right or shall be construed to be a waiver of any Event of Default or acquiescence thereto. IN NO EVENT SHALL KSM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR PERFORMANCE OR NON-PERFORMANCE HEREUNDER (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS AND LOSS OF GOODWILL) EVEN IF ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Management Agreement I I KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 437 Item#22. 8.3 KSM's Remedies. Upon the occurrence of an Event of Default by Lessee, KSM may: (i) seek specific performance of Lessee's obligations or injunctive relief, as applicable; (ii) demand and receive payment of all amounts due KSM under the terms of this Agreement and the payment of all costs, damages, expenses, and reasonable attorneys' fees of KSM due to Lessee's Event of Default; (iii)proceed to remedy the Event of Default,and in connection with such remedy, KSM may pay all expenses and employ counsel. All sums so expended or obligations incurred by KSM in connection therewith shall be paid by Lessee to KSM, upon demand by KSM, and on failure of such reimbursement,KSM may, at KSM's option,deduct all costs and expenses incurred in connection with remedying the Event of Default from the next sums becoming due to Lessee from KSM under the terms of this Agreement;and(iv)terminate this Agreement by KSM's written notice of termination to Lessee. In such event, Lessee shall pay to KSM within ten (10) days of termination an amount equal to the total unpaid Management Fees that KSM would have earned had the Agreement remained in effect until the Termination Date. No remedy granted to KSM is intended to be exclusive of any other remedy herein or by law provided, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, or by statute. No delay or omission by KSM to exercise any right accruing upon an Event of Default shall impair KSM's exercise of any right or shall be construed to be a waiver of any Event of Default or acquiescence thereto. IN NO EVENT SHALL LESSEE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR PERFORMANCE OR NON-PERFORMANCE HEREUNDER (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS AND LOSS OF GOODWILL) EVEN IF ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. 8.4 Litigation. In the event of any litigation under or respecting this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and court costs through all pretrial, trial, appellate, administrative, and post judgment proceedings. ARTICLE 9 TERMINATION 9.1 Events of Termination. This Agreement shall terminate upon the occurrence of any of the events set forth below: (i) An Event of Default by KSM, and Lessee sends to KSM a notice of termination for cause (after the expiration of any applicable cure period); (ii) An Event of Default by Lessee, and KSM sends to Lessee a notice of termination for cause (after the expiration of any applicable cure period); (iii) By Lessee upon thirty (30) days' prior written notice in the event of the failure of Lessee's governing board to appropriate funds for expenses related to this Agreement. (iv) Both Parties agree in writing to terminate this Agreement; Management Agreement 12 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 438 Item#22. (v) Upon the expiration or termination of this Agreement according to its terms. 9.2 Employee and Other Obligations Upon Termination. Upon a termination of this Agreement for any reason, Lessee shall remain responsible for payment of obligations connected with the Management Services rendered through the effective date of termination(including all Operating Expenses, all Gross Payroll obligations, as well as the Management Fee and all out of pocket expenses). Such obligations shall include all amounts to become due and owing to the terminated staff of KSM at the Club through the effective date of termination. Lessee shall pay all accrued wages for the terminated staff through such termination date and shall reimburse and/or hold harmless KSM for workers compensation insurance and other employee benefits paid or accrued by KSM on behalf of Lessee to the terminated staff as of the termination date. Additionally, Lessee shall be responsible for the payment of vacation time, earned and accrued between the Commencement Date and the date of termination, owed or due to the terminated staff as a result of the termination as well as any manual adjustments of wages and any unclaimed wages due the terminated staff accruing prior to the termination date and shall, if requested and verification provided by KSM, reimburse KSM for any such payments made by KSM. Any amounts owed to KSM pursuant to this Section shall be paid to KSM within ten (10) days of written request therefor. 9.3 Other Payments Upon Termination. Upon expiration or termination of this Agreement, all sums owed by either Party to the other shall be paid within thirty (30) days of the effective date of such termination. ARTICLE 10 NOTICES 10.1 Notices. Any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and (i) delivered personally, (ii) sent by certified mail, return receipt requested,postage prepaid("Mail"), or sent by nationally-recognized overnight mail or courier service ("Overnight Courier"), addressed as shown below, or to such other address as the Party concerned may substitute by written notice to the other. Any notice will be deemed received (A) upon the date personal delivery is made, (B) three (3) business days after the date it is deposited in the Mail, (C) one (1) business day after it is deposited with an Overnight Courier, or(D)the date upon which attempted delivery of such notice,whether by Mail, Overnight Courier or personal delivery, is refused or rejected. If to Lessee: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 Attention: Parks & Recreation Department Management Agreement 13 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 439 Item#22. If to KSM: Kemper Sports Management, Inc. 500 Skokie Boulevard, Suite 444 Northbrook, Illinois 60062 Attention: Steven K. Skinner, Chief Executive Officer with a copy to: Kemper Sports Management, Inc. 500 Skokie Boulevard, Suite 444 Northbrook, Illinois 60062 Attention: General Counsel 10.2 Changes. The addresses and addressees may be changed by giving notice of such change in the manner provided herein for giving notice. Unless and until such written notice is received,the last address and addressee given shall be deemed to continue in effect for all purposes. ARTICLE 11 MISCELLANEOUS 11.1 Exhibits. All Exhibits attached hereto are incorporated herein by this reference as if fully set forth herein. If any Exhibits are subsequently changed by the mutual written agreement of the Parties, the Exhibits shall be modified to reflect such change or changes and dated. 11.2 Entire Agreement. This Agreement and the Exhibits hereto embody the entire agreement and understanding of the Parties relating to the subject matter hereof and supersede all prior representations, agreements, and understandings, oral or written, relating to such subject matter. 11.3 Amendment and Waiver. This Agreement may not be amended or modified in any way except by an instrument in writing executed by all Parties hereto; provided, however, either Party may, in writing, (i) extend the time for performance of any of the obligations of the other, (ii) waive any inaccuracies and representations by the other contained in this Agreement, (iii) waive compliance by the other with any of the covenants contained in this Agreement, and (iv) waive the satisfaction of any condition that is precedent to the performance by the Party so waiving of any of its obligations under this Agreement. 11.4 Proprietary Information. KSM shall be permitted to use the trade names, trademarks and logos of Lessee(collectively,"Lessee Marks")in connection with the performance of the services provided under this Agreement and as otherwise provided in this Agreement or as agreed upon by Lessee;provided,however,that Lessee agrees that KSM may use the Lessee Marks in its marketing and promotional materials as a Club managed by KSM. All specifically identifiable information developed by KSM for Lessee at the expense of Lessee shall be the property of both KSM and Lessee and such information may continue to be used by Lessee at the Club beyond any expiration or termination of this Agreement;provided,however,that Lessee may not use or grant others the right to use such information at any other location nor disclose or grant any rights to such information to any third party. All of KSM's proprietary information, including Management Agreement 14 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 440 Item#22. (i)trade names,trademarks and logos as well as programs that have been or may be developed by KSM, and (ii) software and technology, shall remain the exclusive property of KSM and neither Lessee nor any of its affiliates or successors may use or disclose such proprietary information without the advance written consent of KSM. The obligations and restrictions contained in this Section shall survive the expiration or termination of this Agreement for any reason. 11.5 No Partnership or Joint Venture. Nothing contained herein shall be deemed or construed by the Parties hereto or by any third party as creating the relationship of(i)a partnership, or (ii) a joint venture between the Parties hereto; it being understood and agreed that neither any provisions contained herein nor any acts of the Parties hereto shall be deemed to create any relationship between the Parties hereto other than the relationship of independent contractor. 11.6 Restrictions as to Employ. During the Term and for a period of two (2) years after the end of the Term,it is agreed that Lessee and/or its agents and contractors shall not,directly or indirectly, seek to contact, entice, or discuss employment or contracting opportunities with any Key Employee of KSM nor shall Lessee,its agents and/or contractors employ or otherwise engage or seek to employ or otherwise engage, directly or indirectly, any such Key Employee, without first obtaining the written consent of KSM. For purposes hereof, a"Key Employee"of KSM shall mean any individual holding any of the following positions at any time during the Term: the general manager, , or any employee of KSM's corporate office, provided, however the foregoing restriction shall only apply to a general manager sourced by KSM and shall not apply to the general manager in place as of the Commencement Date if not sourced by KSM. 11.7 Assignment; Successors and Assigns. This Agreement may not be assigned by either Party hereto without the express written consent of the other Party, except that KSM may assign this Agreement to any of its Affiliates. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors,legal representatives,and permitted assigns. 11.8 Severability. Except as expressly provided to the contrary herein, each section, part, term, or provision of this Agreement shall be considered severable, and if for any reason any section, part, term, or provision herein is determined to be invalid and contrary to or in conflict with any existing or future law or regulation by a court or governmental agency having valid jurisdiction, such determination shall not impair the operation of or have any other effect on other sections, parts, terms, or provisions of this Agreement as may remain otherwise intelligible, and the latter shall continue to be given full force and effect and bind the Parties hereto, and said invalid sections, parts, terms, or provisions shall not be deemed to be a part of this Agreement. 11.9 Survival. All covenants, agreements, representations, and warranties made herein shall survive the execution and delivery of(i) this Agreement, and (ii) all other documents and instruments to be executed and delivered in accordance herewith, and shall continue in full force and effect. 11.10 Accord and Satisfaction;Allocation of Payments. No payment by Lessee or receipt by KSM of a lesser amount than that which is owed to KSM shall be deemed to be other than on account of such amounts owed to KSM, nor shall any endorsement or statement on any check or letter accompanying any check or payment to KSM be deemed an accord and satisfaction, and Management Agreement 15 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 441 Item#22. KSM may accept such check or payment without prejudice to KSM's right to recover the balance of the amounts owed to KSM or pursue any other remedy provided for in this Agreement or as otherwise provided at law or in equity. In connection with the foregoing, KSM shall have the absolute right in its sole discretion to apply any payment received from Lessee, regardless of Lessee's designation of such payments, to any outstanding amount of Lessee then not current and due or delinquent, in such order and amounts as KSM, in its sole discretion, may elect. 11.11 Construction and Interpretation of Agreement. This Agreement shall be governed by and construed under the laws of the State of Idaho,without regard to conflicts of laws principles. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or considering same shall not apply the presumption that the terms hereof shall be more strictly construed against a party by reason of the rule or conclusion that a document should be construed more strictly against the party who itself or through its agent prepared the same. It is agreed and stipulated that all Parties hereto have equally participated in the preparation of this Agreement and that legal counsel was consulted by each Party before the execution of this Agreement. 11.12 Captions. Captions, titles to sections, and paragraph headings used herein are for convenience of reference and shall not be deemed to limit or alter any provision hereof. 11.13 Governing Document. This Agreement shall govern in the event of any inconsistency between this Agreement and any of the Exhibits attached hereto or any other document or instrument executed or delivered pursuant hereto or in connection herewith. 11.14 Outside Businesses. Nothing contained in this Agreement shall be construed to restrict or prevent, in any manner, any Party or any Party's affiliates, parent corporations, or representatives or principals from engaging in any other businesses or investments, nor shall Lessee or KSM have any right to share or participate in any such other businesses or investments of the other Party. 11.15 Unavoidable Delays. The provisions of this Section shall be applicable if there shall occur during the Term any(i) strikes, lockouts, or labor disputes, (ii) inability to obtain labor or materials, or reasonable substitutes therefor, (iii) acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, fire, or other casualty, or (iv) other conditions beyond the reasonable control of the Party obligated to perform. If either Party shall, as the result of any of the above-described events, fail punctually to perform any obligation on its part to be performed under this Agreement,then such failure shall be excused and not be a breach of this Agreement by the Party claiming an unavoidable delay (an "Unavoidable Delay"), but only to the extent the delay is occasioned by such event. If any right or option of either Party to take any action under or with respect to the Term is conditioned upon the same being exercised within any prescribed period of time or at or before a named date, then such prescribed period of time or such named date shall be deemed to be extended or delayed, as the case may be, upon written notice, as provided above, for a time equal to the period of the Unavoidable Delay. Notwithstanding anything contained herein to the contrary, the provisions of this Section shall not be applicable to either Party's obligation to pay any sums, monies, costs, charges, or expenses required to be paid pursuant to the terms of this Agreement. Management Agreement 16 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 442 Item#22. 11.16 No Third-Party Beneficiaries. Nothing herein contained shall be deemed to establish any rights of third parties against the Parties hereto; it being the intent that the rights and obligations set forth herein are those of the Parties hereto alone, with no third party beneficiary rights intended. 11.17 Certain Services Excluded. Notwithstanding anything else contained in this Agreement to the contrary,KSM's services are limited to those specifically noted in the Agreement and do not include, among others and without limitation, architectural, engineering, design or general contracting services, facility planning services, accounting or tax-related assistance or advice, legal advice or services, expert witness services, cost report preparation, data processing or information services, or feasibility studies. KSM's services will not constitute an audit, review or compilation or any other type of financial statement reporting or consulting engagement subject to the rules of the AICPA or other similar bodies. KSM will not be expressing any professional opinions and makes no representations or warranties in conjunction with this engagement. 11.18 Confidentiality. The terms and provisions of this Agreement shall be released to third parties only in connection with carrying out their respective duties and obligations described herein, in connection with any order of court or in order to comply with the Idaho Public Records Act or other governmental rules and regulations, and as required by any proposed purchaser or mortgagee of all or any portion of Lessee's interest in the Club or Property, and then only to the extent as may be reasonably necessary. The foregoing shall not be construed to limit KSM's ability to announce both privately and publicly that it manages the Club and Property. [SIGNATURES ON FOLLOWING PAGE] Management Agreement 17 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 443 Item#22. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above. KEMPER SPORTS MANAGEMENT, INC. CITY OF MERIDIAN T By: By: Robert E. Simison Stev . S er Mayor C f xec i e Office ATTEST: Chris Johnson City Clerk Management Agreement 18 KSM Confidential Lakeview Golf Club 09.24.20swk Ver.03252019 Page 444 Item#22. EXHIBIT A DEFINITIONS All capitalized terms referenced or used in the Management Agreement (the "Agreement") and not specifically defined therein shall have the meaning set forth below in this Exhibit A, which is attached to and made a part of the Agreement for all purposes. • Affiliates . The term"Affiliate(s)" shall mean a Person that directly or indirectly, or through one or more intermediaries, controls, is controlled by, or is under common control with the Person in question and any officer, director, or trustee, and any stockholder or partner of any Person referred to in the preceding clause owning fifty percent (50%) or more of such Person. For purposes of this definition, the term "control"means the ownership of fifty percent(50%) or more of the beneficial interest of the voting power of the appropriate entity. • Environmental Laws. The term"Environmental Laws" shall mean all current and future federal, state, and local statutes, regulations, ordinances, and rules relating to (i)the emission, discharge, release, or threatened release of a Hazardous Material into the air, surface water, groundwater, or land; (ii) the manufacturing,processing, use, generation, treatment, storage, disposal, transportation, handling, removal, remediation, or investigation of a Hazardous Material; or (iii)the protection of human health, safety, or the indoor or outdoor environment, including, without limitation, the Clean Air Act, the Federal Water Pollution Control Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Occupational Safety and Health Act, all amendments thereto, all regulations promulgated thereunder, and their state or local statutory and regulatory counterparts. • Executive Golf Employees. The term "Executive Golf Employees" shall mean the General Manager of the Club. • Gross Revenues. The term"Gross Revenues" shall mean all monthly receipts related to or derived from the operation of the Club from cash or credit transactions recognized during the Term, computed on an accrual basis, including, but not limited to, greens fees, cart rental fees, guest fees, membership initiation fees and/or membership dues, income derived from the investment of Gross Revenues, the amount of all sales (wholesale or retail) of food, beverages, goods, wares, or merchandise on, at, or from the Property, or for services of any nature performed on, at, or from the Property, determined in accordance with generally accepted accounting principles applied on a consistent basis. Gross Revenues shall be reduced by any refunds, rebates, discounts, and credits of a similar nature given, paid, or returned by KSM or Lessee. Gross Revenues shall not include: A-1 Management Agreement Lakeview Golf Club 09.24.20swk Ver.03252019 Page 445 Item#22. o Applicable gross receipts taxes, admission,cabaret,excise, sales,and use taxes, or similar governmental charges collected directly from customers or their guests or as a part of the sales price of any goods or services; o Service charges that are percentage gratuities added to billings, to the extent paid to employees of the Club; o Proceeds of borrowings by Lessee; o Proceeds paid as a result of an insurable loss, unless paid for the loss or interruption of business, to the extent such sums are used to remedy said loss; o Interest or investment income earned on Gross Revenues; or o Lessee's Advances. Any of the above provisions resulting in a double exclusion from Gross Revenues shall be allowed as an exclusion only once. • Hazardous Material. The term"Hazardous Material" shall mean any solid, liquid, or gaseous substance, chemical, compound,product, byproduct, waste, or material that is or becomes regulated, defined, or designated by any applicable federal, state, or local governmental authority or by any Environmental Law as hazardous, extremely hazardous, imminently hazardous, dangerous, or toxic, or as a pollutant or contaminant, and shall include, without limitation, asbestos, polychlorinated biphenyls, and oil, petroleum, petroleum products and petroleum byproducts. • Improvements. The term"Improvements" shall mean the improvements, structures, and fixtures placed, constructed, or installed on the Real Property for the Club, and any additions or subsequent modifications thereto. • Intangible Personal Property. The term "Intangible Personal Property" shall mean all intangible property or rights owned or held by Lessee in connection with the Club, including, but not limited to, security deposits, prepaid rents, liquor and operating licenses, and all trademarks related to the Club. • KSM. The term "KSM" means Kemper Sports Management, Inc., an Illinois corporation, and its successors, legal representatives, and permitted assigns. • Operating Expenses. The term "Operating Expenses" shall mean all operating expenses of the Club incurred or paid on behalf of Lessee during the Term, computed on an accrual basis, including, but not limited to, the following items: o Salaries, wages, employee benefits, and payroll expenses, including without limitation, payroll service bureau fees, payroll processing fees, payroll taxes, Club profit sharing programs, and insurance for all employees employed on-site in the direct operation of the Club, excluding, however, service charges, which are Management Agreement A-2 Lakeview Golf Club 09.2420swk Ver.03252019 Page 446 Item#22. defined as percentage gratuities added to billings and paid to employees (collectively, the "Gross Payroll"); o Marketing, advertising, and promotional expenses; o Purchase and replacement, as necessary, of inventories of maintenance parts and supplies, food stores and bar supplies; o Purchase and replacement, as necessary, of silver, chinaware, glassware, cooking utensils, and other similar items of equipment; o Purchase and replacement, as necessary, of office supplies, computers, printers, facsimile machines, photocopiers, postage, printing, routine office expenses, and lease payments on any item of furniture, fixtures or equipment to the extent not excluded below from Operating Expenses, and accounting services incurred in the on-site operation of the Club; o The costs of IT consultants and other consultants utilized for the Club; o Reasonable travel expenses of on-site employees incurred exclusively in connection with the business of the Club; o Accrual of a reserve for insurance (including workers' compensation) and property taxes each month in an amount or at a rate that is sufficient to pay such insurance premiums or property taxes when they become due and payable; o Insurance premiums, administrative and financing charges and expenses, property taxes, to the extent not provided for in the reserve established therefore and any deductible amounts required to be paid pursuant to Lessee insurance coverage; o Accounts receivable previously included within Gross Revenues, to the extent they remain unpaid ninety (90) days after the first billing; o Auditing, accounting costs, computer fees (including costs to license and maintain accounting software),and legal fees incurred in respect of the operation of the Club, including any reasonable financial management and reasonable accounting fees paid to third party accounting firms, if included in the Budgets; o Costs incurred for utilities, including, but not limited to, all electric, gas, and water costs,and any other private utility charges incurred in connection with the operation of the Club; o Ordinary maintenance and repairs,exclusive of any capital improvements or capital replacements, which are hereby excluded; o All out-of-pocket expenses incurred by KSM in providing the services under the terms of the Agreement, including without limitation, reasonable travel for Management Agreement A-3 Lakeview Golf Club 09.24.20swk Ver.03252019 Page 447 Item#22. employees employed on-site at the Property and KSM's other employees while engaged in performing the obligations of KSM hereunder, air express, costs of recruitment (including applicable agent's fee), and other incidental expenses included in the Budget; o Expenses, including legal fees, damages or other costs, involved in defending any employment-related lawsuits, charges or claims involving personnel of the Club; o All expenses set forth in the approved Budgets; and o All other customary and reasonable expenses incurred in the operation of the Club and the Improvements. Any of the above provisions resulting in a double inclusion as an Operating Expense shall be allowed as an inclusion only once. Operating Expenses shall not include (i) depreciation or amortization, (ii)principal or interest payments on indebtedness, (iii)rental or lease payments for major items of furniture, fixtures, or equipment which, in accordance with generally accepted accounting principles, are purchased and capitalized as fixed assets, and (iv) federal, state and local income taxes of any nature or kind incurred by Lessee or KSM. • Person. The term "Person" shall mean any individual, partnership, corporation, association, or other entity, and the heirs, executors, administrators, legal representatives, successors, and assigns of such Person where the context so permits; and, unless the context otherwise requires, the singular shall include the plural, the masculine shall include the feminine and the neuter, and vice versa. • Personal Property. The term "Personal Property" shall mean the Intangible Personal Property and the Tangible Personal Property. • Property. The term "Property" shall mean (i) the Improvements, (ii) the Personal Property, and (iii) the Real Property. • Real Property. The term"Real Property" shall mean that certain parcel of land upon which the Club is located. • Tangible Personal Property. The term "Tangible Personal Property" shall mean all equipment, machinery, fixtures, furnishings, accessories, and other tangible personal property placed or installed, or to be placed or installed, on or about the Real Property and used as a part of or in connection with the operation of the Club. Management Agreement A-4 Lakeview Golf Club 09.24.20swk Ver.03252019 Page 448 Item#22. EXHIBIT B LEGAL DESCRIPTION OF REAL PROPERTY Parcel I A parcel of land being a portion of the West half Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Southeast corner of the Northeast Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County Idaho; thence along the Southerly boundary of said Northeast Quarter of Section 3 North 88°55'29" West 2643.29 feet to a brass cap marking the Southwest corner of the Northeast Quarter; thence leaving said Southerly boundary North 75°30'00" West 190.00 feet to a 2" iron pipe; thence North 40°00'00" West 40.00 feet to an iron pin; thence South 75°59'31" West 70.00 feet to an iron pin; thence South 25°00'00" West 64.19 feet to an iron pin; thence North 89°25'06" West 254.51 feet to a point, said point also being the REAL POINT OF BEGINNING; thence continuing North 89°25'06" West 100.01 feet to a point; thence South 00'30'11" West 407.92 feet to a point; thence South 68'54'11" East 276.46 feet to a point marking a point of curve; thence along a curve to the right 59.46 feet, said curve having a central angle of 34'04'10", a radius of 100.00 feet, tangents of 30.64 feet and a long chord of 58.59 feet bearing South 51°52'06" East to a point marking a point of tangents; thence South 34°50'01"East 292.99 feet to a point; thence South 89°48'41" East 147.34 feet to a point; thence North 35°00'00" West 109.03 feet to a point; thence North 51°45'00" West 580.00 feet to a point; thence North 00°29'44"East 335.18 feet to the POINT OF BEGINNING. Parcel II A parcel of land lying in portions of the South half of the North half and the North half of the South half of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Northwest corner of the said North half of the South half of Section 3; thence South 89°25'06" East 2,077.73 feet along the Northerly boundary of the said North half of the South half of Section 3 to a point also said point being the REAL POINT OF BEGINNING; thence South 0°29'44" West 335.18 feet to a point; thence South 51°45'00"East 580.00 feet to a point; thence South 35°00'00" East 285.33 feet to a point; thence South 22°15'00" West 60.05 feet to a point; thence South 43°58'10" East 238.75 feet to a point; thence South 29°00'00" East 110.00 feet to a point; thence Management Agreement A-5 Lakeview Golf Club 09.24.20swk Ver.03252019 Page 449 Item#22. North 61°00'00" East 81.19 feet to a point of curve; thence Northeasterly along a curve to the left 147.14 feet, said curve having a central angle of 48°10'28", a radius of 175.00 feet, tangents of 78.23 feet and a long chord of 142.84 feet bearing North 36°54'46" East to a point of ending of curve; thence North 56°30'00" West 151.38 feet to a point; thence North 41°30'00" West 203.92 feet to a point; thence North 17'15'00" West 94.14 feet to a point; thence North 22'15'00" East 147.00 feet to a point; thence North 65°50'00" East 45.00 feet to a point; thence South 87°20'00" East 78.40 feet to a point; thence South 68°00'00" East 61.48 feet to a point; thence South 71°33'25" East 88.05 feet to a point; thence South 60°00'00" East 108.33 feet to a point of beginning of curve; thence Northeasterly along a curve to the right 139.32 feet, said curve having a central angle of 25°35'19", a radius of 311.95 feet, tangents of 70.84 feet and along chord of 138.16 feet bearing North 56°12'20" East to a point of tangent; thence North 69°00'00" East 115.08 feet to a point of curve; thence Northeasterly along a curve to the left 125.75 feet, said curve having a central angle of 24°25'22", a radius of 295.00 feet, tangents of 63.84 feet and a long chord of 124.80 feet bearing North 56'47'19" East to a point of ending of curve; thence North 44°00'00" West 79.63 feet to a point; thence North 67°45'00" West 160.00 feet to a point; thence South 65°50'00" West 244.67 feet to a point; thence North 50°30'00" West 114.35 feet to a point; thence North 44°00'00" East 90.00 feet to a point; thence North 17°00'00" West 175.00 feet to a point; thence North 12°00'00"East 280.00 feet to a point; thence North 77°30'00" West 170.00 feet to a point; thence South 68°00'00" West 265.00 feet to a point marking the Northeast corner of the Southwest Quarter of the said Section 3; thence North 75°30'00" West 190.00 feet to a point; thence North 40°00'00" West 40.00 feet to a point; thence South 75°59'31" West 70.00 feet to a point; thence South 25°00'00" West 64.19 feet to a point on the said Northerly boundary of the North half of the South half of Section 3; thence North 89°25'06" West 254.51 feet along the said Northerly boundary of the North half of the South half of Section 3 to the POINT OF BEGINNING. EXCEPT that portion lying within the following subdivisions: Cherry Lane Village No. 1 Subdivision, according to the plat thereof, filed in Book 44 of Plats at Pages 3537 and 3538, records of Ada County, Idaho; Cherry Lane Village No. 2 Subdivision, according to the plat thereof, filed in Book 46 of Plats at Pages 3791 and 3792, records of Ada County, Idaho; The Lake at Cherry Lane, according to the plat thereof filed in Book 52 of Plats at Pages 4569 and 4570, records of Ada County, Idaho; The Lake at Cherry Lane No. 2, according to the plat thereof filed in Book 54 of Plats at Pages 4882 and 4883, records of Ada County, Idaho; The Lake at Cherry Lane No. 4 Subdivision, according to the plat thereof, filed in Book 74 of Plats at Pages 7674 and 7675, records of Ada County, Idaho. Parcel III-A A portion of the West half of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Management Agreement A-6 Lakeview Golf Club 09.24.20swk Ver.03252019 Page 450 Item#22. Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0°38'11" East 2651.19 feet to the quarter corner common to said Sections 3 and 4 as same was reestablished by LS 972 (CP &F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0°38'27" East 2697.49 feet; thence North 0°38'27" East 22.64 feet to a 5/8" iron pin; thence South 88°55'31" East 379.53 feet to the REAL POINT OF BEGINNING; thence continuing South 88°55'31" East 182.65 feet to a point; thence South 8'18'10" East 440.66 feet to a point; thence South 16'18'25" West 218.04 feet to a point; thence North 89'13'51" East 540.22 feet to a point; thence North 71°43'34" East 442.46 feet to a point; thence North 10°33'50" East 487.84 feet to a point; thence South 88°55'31" East 124.84 feet to a point; thence South 50°38'25" East 89.99 feet to a point; thence 165.33 feet along the arc of a curve to the right, having a radius of 250.25 feet, a central angle of 37°51'08", and a long chord bearing South 31°42'52" East 162.34 feet to a point; thence North 89°29'44" West 120.24 feet to a point; thence South 4'27'17" East 80.30 feet to a point; thence South 0°30'16" West 230.52 feet to a point; thence South 10°31'20" West 123.51 feet to a point; thence South 30°14'07" West 119.57 feet to a point; thence South 50°50'29" West 134.39 feet to a point; thence South 71°28'48" West 120.64 feet to a point; thence South 82°45'52" West 225.84 feet to a point; thence South 89°02'57" West 67.30 feet to a point; thence North 89°10'41" West 825.06 feet to a point; thence North 77°29'20" West 148.07 feet to a point; thence North 89°10'41" West 160.40 feet to a point lying 65.00 feet East of the West boundary of said Section 3; thence along a line 65.00 feet East of and parallel to the West boundary of said Section 3 North 0'38'11"East 247.64 feet to a point, thence South 89°21'49" East 156.03 feet to a point; thence North 45'03'16" East 163.61 feet to a point; thence North 5°39'31" East 502.42 feet to the POINT OF BEGINNING. Parcel III-B A portion of the West half of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0°38'11" East 2651.19 feet to the quarter corner common to said Sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0°38'27" East 2697.49 feet; thence North 0°38'27" East 22.64 feet to a 5/8" iron pin; thence South 88°56'31" East 1977.72 feet to a 5/8" iron pin and the REAL POINT OF BEGINNING; thence South 0°30'15" West 413.59 feet to a point; thence North 68'54'11" West 26.71 feet to a point; thence North 0°30'15" East 217.93 feet to a point; thence 211.88 feet along the arc of a curve to the left, having a radius of 249.75 feet, a central angle of 48°36'25" and a long chord bearing North 23°47'57" West 205.58 feet to a point; thence South 88°55'31"East 109.62 feet to the POINT OF BEGINNING. Management Agreement A-7 Lakeview Golf Club 09.24.20swk Ver.03252019 Page 451 Item#22. Parcel IV-A A portion of the Southwest Quarter of the Northwest Quarter of Section 3, Township 3 North, Range 1 West; Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0°38'11" East, 2651.19 feet to the quarter corner common to said Section 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0°38'27" East, 2697.49 feet; thence North 0°38'27" East 22.64 feet to a 5/8" iron pin; thence South 88°55'31" East, 379.53 feet to the REAL POINT OF BEGINNING; thence North 5°39'31" East, 290.28 feet to a point; thence 46.45 feet along the arc of a nontangent curve to the right, having a radius of 250.00 feet, a central angle of 10°38'46", and a long chord bearing South 49°22'43" East, 46.39 feet to a point; thence South 44°03'20" East, 136.41 feet to a point; thence South 8'18'10" East, 165.80 feet to a point; thence North 88°55'31" West, 182.65 feet to the POINT OF BEGINNING. Parcel IV-B A portion of Government Lot 4 and the Southwest Quarter of the Northwest Quarter of Section 3, Township 3 North, Range 1 West Boise Meridian, Meridian, Ada County, Idaho more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0'38'11"East, 2651.19 feet to the quarter corner common to said Section 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0°38'27"East, 2697.49 feet; thence North 0°38'27" East 22.64 feet to a 5/8" iron pin; thence South 88°55'31" East, 834.71 feet to a point; thence North 1°04'29"East, 77.45 feet to the REAL POINT OF BEGINNING; thence 199.31 feet along the arc of curve to the right having a radius of 270.00 feet, a central angle of 42'17'41" and a long chord bearing North 65'12'11" West, 194.81 feet to a point; thence North 44°03'20" West, 198.06 feet to a point; thence North 37°38'05" East, 125.90 feet to a point; thence North 4°26'20" West, 178.94 feet to a point; thence North 49°13'43" West, 619.18 feet to a point; thence North 89°21'33" West, 39.72 feet to a point; thence North 0°38'27"East, 178.61 feet to a point; thence South 89°21'33" East, 104.94 feet to a point; thence North 26°46'55" East, 463.73 feet to a point; thence North 13°05'08" East, 186.18 feet to a point; thence South 89°23'04" East, 221.37 feet to a point; thence South 0°36'56" West, 30.00 feet to a point; thence North 89°23'04" West, 114.43 feet to a point; thence South 10'38'11" West, 162.48 feet to a point; thence South 5°36'09"East, 160.95 feet to a point; thence South 48°58'55" West, 66.41 feet to a point; thence South 10'49'04" West, 123.62 feet to a point; thence South 12°00'00" East, 85.00 feet to a point; thence South 53°26'21" East, 142.60 feet to a point; thence South 6°51'51" West, 151.05 feet to a point; thence South 41°14'14" East, 171.06 feet to a point; thence South 89°12'26" East, 122.33 feet to a point; thence South 43°03'05"East, 60.00 feet to a point; thence South 0°36'15" West, 671.50 feet to the POINT OF BEGINNING. Management Agreement A-8 Lakeview Golf Club 09.24.20swk Ver.03252019 Page 452 Item#22. Parcel IV-C A portion of the Northwest Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0°38'11" East, 2651.19 feet to the quarter corner common to said Sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0°38'27" East, 2697.49 feet; thence North 0°38'27"East 22.64 feet to a 5/8' iron pin; thence South 88°55'31" East, 1784.61 feet to a point; thence North 1°04'29"East, 303.15 feet to the REAL POINT OF BEGINNING; thence North 66°28'40" West, 157.70 feet to a point; thence North 56°56'39" West, 717.37 feet to a point; thence North 89°23'44" West, 36.12 feet to a point; thence North 0°36'28" East, 5.00 feet to a point; thence 154.59 feet along the arc of a nontangent curve to the left, having a radius of 225.00 feet, a central angle of 39°22'00", and a long chord bearing North 19°04'45" West, 151.57 feet to a point; thence North 38°45'45" West, 39.00 feet to a point; thence North 51°14'15" East, 110.00 feet to a point; thence North 26°1 l'31" West, 134.78 feet to a point; thence North 4°04'20" West, 277.45 feet to a point; thence North 31°46'35" West, 241.56 feet to a point; thence North 0°36'56" East, 132.59 feet to a point; thence North 89°23'04" West, 110.00 feet to a point; thence North 0°36'56" East, 30.00 feet to a point; thence South 89°23'04"East, 175.94 feet to a point; thence South 78°05'29" East, 71.13 feet to a point; thence South 63'13'16" East, 65.34 feet to a point; thence South 56°28'32" East, 79.07 feet to a point; thence South 53°15'09" East, 86.07 feet to a point, thence South 429 1'18" East, 70.53 feet to a point; thence South 35°28'22" East, 77.08 feet to a point; thence South 5°49'06"East, 249.89 feet to a point; thence South 8'16'07"East, 125.42 feet to a point; thence South 13°56'20" East, 266.06 feet to a point; thence South 42°43'29" East, 283.07 feet to a point; thence North 61°49'13" East, 165.37 feet to a point; thence North 11'00'42" West, 399.24 feet to a point; thence South 89°18'49" East, 398.40 feet to a point; thence South 79°02'15" East, 61.16 feet to a point; thence South 60'40'15"East, 164.39 feet to a point; thence South 85°10'18" East, 136.30 feet to a point; thence South 0'30'15" West, 235.93 feet to a point; thence North 89°29'45" West, 80.00 feet to a point; thence South 78°33'49" West, 182.71 feet to a point; thence South 11'45'15" West, 185.77 feet to a point; thence South 0°30'15" West, 154.10 feet to a point; thence 288.86 feet along the arc of a nontangent curve to the left, having a radius of 425.00 feet, a central angle of 38°56'31", and a long chord bearing South 63'04'11" West, 283.33 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM: A portion of the Northwest quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Northeast corner of the Northwest quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence along the Easterly boundary of the said Northwest quarter of Section 3, South 00°27'29" West 1,365.57 feet to an iron pin marking the Southeast corner of the Northeast quarter of the Northwest quarter of Section 3, said iron pin also being on the Northerly boundary Management Agreement A-9 Lakeview Golf Club 09.24.20swk Ver.03252019 Page 453 Item#22. of The Lake at Cherry Lane No. 4 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 74 of Plats at Pages 7674 and 7675; thence leaving said Easterly boundary and along the said Northerly boundary of The Lake at Cherry Lane No. 4 Subdivision, North 89°18'58" West 301.76 feet to an iron pin marking the Northwest corner of said The Lake at Cherry Lane No. 4 subdivision; thence leaving said Northerly boundary and along the Westerly boundary of said The Lake at Cherry Lane No. 4 Subdivision, South 00'30'18" West 486.13 feet to an iron pin, said iron pin being the Real Point of Beginning; thence continuing along said Westerly boundary, South 00°30'18" West 19.38 feet to a point; thence leaving said Northwesterly boundary,North 89°29'45" West 79.95 feet to a point; thence South 78°33'49' West 182.71 feet to a point; thence North 11'45'06" East 20.62 feet to a point; thence North 78°53'05" East 183.47 feet to a point; thence South 89°29'54"East 74.99 feet to the Point of Beginning. FURTHER EXCEPTING THEREFROM: A portion of the Northwest quarter of Section 3, Township 3 North, Range I West, Boise Meridian, Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Northeast corner of the Northwest quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian Ada County, Idaho; thence along the Easterly boundary of the said Northwest quarter of Section 3, South 00°27'2.9" West 1,365.57 feet to an iron pin marking the Southeast corner of the Northeast quarter of the Northwest quarter of Section 3, said iron pin also being on the Northerly boundary of The Lake at Cherry Lane No. 4 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 74 of Plats at Pages 7674 and 7675; thence leaving said Easterly boundary and along the said Northerly boundary of The Lake at Cherry Lane No. 4 Subdivision, North 89°18'58" West 301.76 feet to an iron pin marking the Northwest corner of said The Lake at Cherry Lane No. 4 subdivision; thence leaving said Northerly boundary and along the Westerly boundary of said The Lake at Cherry Lane No. 4 Subdivision, South 00°30'18" West 486.13 feet to an iron pin; thence leaving said Westerly boundary North 89°29'54" West 74.97 feet to an iron pin; thence South 78°53'05" West 183.47 feet to an iron pin, said iron pin being the Real Point of Beginning; thence South 11°45'06" West 206.39 feet to an iron pin; thence South 00°30'06" West 154.08 feet to an iron pin, thence Southwesterly 24.54 feet along the arc of a curve to the left said curve having a radius of 425.00 feet, a central angle of 03'18'29", and a long chord bearing South 80°53'03" West 24.54 feet, to a point on the Easterly right of way of the Eight Mile Lateral; thence along said Easterly right of way North 00°42'19" East 347.61 feet to a point; thence leaving said Easterly said right of way North 78°53'05" East 64.54 feet to the Real Point of Beginning. Management Agreement A-10 Lakeview Golf Club 09.24.20swk Ver.03252019 Page 454 Item#22. Parcel IV-D A portion of the Southeast Quarter of the Northwest Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0°38'11" East, 2651.19 feet to the quarter corner common to said Sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0°38'27" East, 2697.49 feet; thence North 0°38'27" East 22.64 feet to a 5/8" iron pin; thence South 88°55'31" East, 1614.53 feet to the REAL POINT OF BEGINNING; thence North 10°33'50" East, 72.37 feet to a point; thence 129.52 feet along the arc of a nontangent curve to the right, having a radius of 600.00 feet, a central angle of 12°22'07", and a long chord bearing South 56°49'29"East, 129.27 feet to a point; thence South 50°38'25" East, 4.33 feet to a point; thence North 88°55'31" West, 124.84 feet to the POINT OF BEGINNING. Parcel IV-E A portion of the Southeast Quarter of the Northwest Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0'38'11" East, 2651.19 feet to the quarter corner common to said Sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0°38'27" East, 2697.49 feet; thence North 0°38'27" East 22.64 feet to a 5/8" iron pin; thence South 88°55'31"East, 1977.72 feet to a 5/8" iron pin and the REAL POINT OF BEGINNING; thence North 88°55'31" West 109.62 feet to a point; thence 11.06 feet along the arc of a nontangent curve to the left, having a radius of 249.75 feet, a central angle of 29 2'16", and a long chord hearing North 49'22'17" West, 11.06 feet to a point; thence North 50°38'25" West, 94.32 feet to a point; thence 60.45 feet along the arc of a curve to the left, having a radius of 680.00 feet, a central angle of 5°05'36", and a long chord bearing North 53°11'13" West, 60.43 feet to a point; thence 30.13 feet along the arc of a curve to the right, having a radius of 20.00 feet, a central angle of 86'18'50", and a long chord bearing North 12°34'36" West, 27.36 feet to a point; thence North 30°34'50" East, 84.13 feet to a point; thence 269.77 feet along the arc of a curve to the right, having a radius of 375.00 feet, a central angle of 41°13'04", and a long chord bearing North 51'11'21" East, 263.99 feet to a point; thence South 0°30'15" West, 369.89 feet to the POINT OF BEGINNING. Management Agreement A-11 Lakeview Golf Club 09.24.20swk Ver.03252019 Page 455 Item#22. Parcel V Lots 1 and 52 in Block 5, and Lot 11 in Block 9 of Cherry Lane Village No. 1 Subdivision, according to the plat thereof filed in Book 44 of Plats at Pages 3537 through 3538, records of Ada County, Idaho. Parcel VI Lots 12 and 21 in Block 9 and Lot 4 in Block 11 and Lot 53 in Block 5 of Cherry Lane Village No. 2 Subdivision, according to the plat thereof, filed in Book 46 of Plats at Pages 3791 and 3792, records of Ada County, Idaho. Parcel VII Lot 83 in Block 5 and Lot 14, in Block 13 Cherry Lane Village No. 3 Subdivision according to the official plat thereof filed in Book 58 of Plats at Pages 5473 through 5475, records of Ada County, Idaho. EXCEPTING THEREFROM that portion of Lot 83 in Block 5 of the proposed Cherry Lane Village No. 3 Subdivision located in the SE '/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Southeast corner of said SE 1/4; thence North 00°19'11"East 451.29 feet along the Easterly boundary of said SE 1/4 and the centerline of Ten Mile Road to a point marking the intersection of the centerline of the proposed Woodmont Drive and said centerline of Ten Mile Road; thence along the following courses and distances along said proposed centerline of Woodmont Drive; North 89°40'49" West 136.00 feet to a point of curve; thence Northwesterly along a curve to the right 54.87 feet, said curve having a central angle of 21°40'49", a radius of 145.00 feet, tangents of 27.77 feet and a long chord of 54.54 feet bearing North 78°50'25" West to a point of tangent, thence North 68°00'00" West 171.40 feet to a point of curve; thence Northwesterly along a curve to the left 78.86 feet, said curve having a central angle of 25°49'14", a radius of 175.00 feet, tangents of 40.11 feet and a long chord of 78.20 feet bearing North 80°54'37" West to a point of ending of curve; thence leaving said proposed centerline of Woodmont Drive along a non- tangent line, South 05°35'15" West 25.40 feet to a point marking the Northwesterly corner of Lot 84, Block 5 of said proposed Cherry Lane Village No. 3 Subdivision, also said point being on the Southwesterly right-of-way line of said proposed Woodmont Drive, said point also being the REAL POINT OF BEGINNING; thence continuing South 05°35'15" West 66.64 feet along the Westerly boundary of said Lot 84, Block 5 to a point marking the Southwesterly corner of said Lot 84, Block 5, also said point being on the Southerly boundary of said proposed Cherry Lane Village No. 3 Subdivision; thence North 60°50'49" West 3.00 feet along said Southerly boundary of the proposed Cherry Lane Village No. 3 Subdivision to a point; thence leaving said Southerly boundary, North 05°13'51" West 62.96 feet to a point on said Southerly right-of-way line of proposed Woodmont Drive, also said point being a point on curve; thence Northeasterly along a non-tangent curve to the right along said Southerly right-of-way line of proposed Woodmont Drive 15.01 feet, said curve having a central angle of 05°44'02", a radius of 150.00 feet, tangents of 7.51 feet and a long chord of 15.00 feet bearing North 81°43'36" East to the POINT OF BEGINNING. Management Agreement A-12 Lakeview Golf Club 09.24.20swk Ver.03252019 Page 456 Item#22. Parcel VIII Lot 28 in Block 11 and Lot 39 in Block 13 Cherry Lane Village No. 4 Subdivision according to the official plat thereof filed in Book 63 of Plats at Pages 6376 and 6377, records of Ada County, Idaho. Parcel IX Lot 9 in Block 1 of Record of Survey No. 802 of adjusted lot lines for Lots 8, 9 and 10, in Block 1 of The Lake at Cherry Lane, according to the plat thereof, filed in Book 52 of Plats at Pages 4569 and 4570, records of Ada County, Idaho. EXCEPT that portion lying within the original Lot 8. Parcel X Lot 5 in Block 1 and Lot 13 in Block 2, The Lake at Cherry Lane No. 2, according to the official plat thereof, filed in Book 54 of Plats at Pages 4882 and 4883, records of Ada County, Idaho. Parcel XI Lot 24 in Block 2 of The Lake at Cherry Lane No. 3 Subdivision according to the official plat thereof filed in Book 70 of Plats at Pages 7167 and 7168, records of Ada County, Idaho. Parcel XII Lot 19 in Block 1 and Lot 46 in Block 2 of The Lake at Cherry Lane No. 4 Subdivision, according to the official plat thereof, filed in Book 74 of Plats at Page 7674 and 7675, records of Ada County, Idaho. Management Agreement A-13 Lakeview Golf Club 09.24.20swk Ver.03252019 Page 457 Item#22. EXHIBIT C INSURANCE PROVISIONS 1. Club Insurance. During the Term, KSM shall secure, the cost of which shall be an Operating Expense, the following insurance covering its on-site activities under this Agreement: (A) Property Insurance covering loss or damage to the buildings, structures or other Improvements, contents, equipment and supplies. Lessee shall provide KSM with the appropriate written specifications for all property to be insured under such policy. Lessee understands that coverage for flood, earthquake or wind damage shall be excluded from coverage and damages connected with such events shall be an Operating Expense. Upon Lessee's written request,KSM will attempt to obtain coverage for flood,earthquake and/or wind damage and, if available, such coverage shall be an Operating Expense. The foregoing Property Insurance shall include Business Interruption, Loss of Income and Extra Expense Insurance that will reimburse Lessee and KSM for direct and indirect loss of earnings attributable to six months of business interruption and for the actual loss sustained until the structures are substantially rebuilt after an insured property loss. (B) Commercial General Liability and Umbrella/Excess Liability Insurance providing coverage for bodily injury and property damage arising in connection with the operation of the Club or on the Property and including coverage for contractual liability providing limits of not less than: Bodily Injury and Property Damage Liability - $5,000,000 each occurrence Personal Injury and Advertising Liability - $5,000,000 per person or per organization General Policy Aggregate - $5,000,000 Products Liability/Completed Operations Aggregate - $5,000,000 (C) Commercial Business Automobile Liability Insurance including coverage for all owned, non-owned, and hired vehicles providing coverage for bodily injury and property damage liability with combined single limits of not less than$1,000,000. (D) Commercial Liquor Liability/Dram Shop Insurance including coverage for damages arising out of the selling, serving or furnishing of any alcoholic beverage with a limit of $5,000,000 per occurrencel5,000,000 aggregate limit or the minimum limits required by statute if higher. Special Note: the limits of liability specified in B, C and D above can be satisfied through a combination of primary, umbrella or excess liability policies, provided that the coverage under such umbrella or excess liability policies is at least as broad as the primary coverage. (E) Employment Practices ("EPLI") of not less than $5,000,000 each occurrence., Management Agreement A-14 Lakeview Golf Club 09.24.20swk Ver.03252019 Page 458 NNU L UPDATE Public Works 10/27/2020 AGENDA • Water Utility • Wastewater Utility —== • S t r e e t I i g h t s • Finance/Enterprise Fund • Staffing • The Rest of the Story 3� ♦ � r� p ��,� ry To meet the demands of a growing community with water that meets or exceeds regulatory requirements and customer expectations •21 Miles Added •40,010 Water Accounts •2,090 New Water Accounts • Without water — we would all get really thirsty! -K. Radek •161M Gallons Increase over FY19 (4.5 % ) •9.9M Average Gallons Produced per Day •Includes New Installs, Service Investigations, Finals Reads, Backflow, etc. •Plus 15,131 DigLine (811) Tickets ,J Regulatory Violations •6.7MGD Average Water Treated per Day 350 WATERQUALITY 300 250 200 Water Treatment 150 100 • Wells 19, 21, 22, 27, 28 (Online) 50 • Wells 17, 18 (FY2021) 0 • Wells 10B, 23, 24, 26 (By FY2025) Future Challenges • Manganese • Uranium Treatment • Well 32 Pilot Testing & Arsenic Mitigation • Corrosion Control Water Quality Calls 297 2017 2018 2019 2020 YTD El 2017 :1 2018 M 2019 M 2020 YTD % Treated Water WATER SUPPLY • Current • Supply Wells • 25 Wells • 54 MGPD Total Well Peak Capacity • 20 MGPD Max Day Demand • Reservoirs • 4M Gallons Storage Capacity ® KUB�rQ • Future Challenges • 5 Additional Wells Planned (15 year CFP) • 77 MGPD Future Max Day Demand • 2 Additional Regional Reservoirs Planned • Source Water Protection • Mitigation (Drought) • Senior Water Rights • New Sources (Anderson Dam Raise, Cat Creek) Water infrastructure Risk and Resilience F F QCCGCcm....�i WATER REGULATORY COMPLIANCE • Accomplishments • UCMR IV • Risk/Resiliency Assessment • Emergency Response Plan • Well Security Upgrades • Future Challenges • Continued Reduction in Current Drinking Water Standards • Health Advisories • Lead & Copper Rule • Constituents of Emerging Concern (CECs) • PFAS/PFOS E F !dm Rd EAmkyA- Legend Wcfil l-Blvd 1 1 i i r I I WMdIWla^Rd I EMCMfN^_$w �I • LI W 1M1ck Rd I • E W k* Rd $ � z wcn•„y l^ � �� o EF f.w.waw 0 WPMIAw Ll FPInaAw N W Pyr^kL^ Rd jj�L 2 — E F .Of. Rd N� 84 W Owdanrl Rd E OwdarN Rd W Vktary�Rtl` • EVirlwy�pd d ---i WA^yb. Rd," 1.16.&hyRd i " 1 Wlike H—WRd' L--`� Flab Hasel Rd Q Water Infrastructure Projects in Progress - Water Infrastructure Projects Completed in FY 20 Q Water Infrastructure Projects- Planned far next 5-10 Years =7 Impact Area Rd L--------.EEEO M. Rd E H.�bba.d Pd e a 0 0-25 04 1 o'liiles To ensure capacity needed to support _ - - growth Clnd meet regulatory requirements WASTEWATER UTILITY Lint,- rxR _ 1 •17.5 Miles Added •39,034 Wastewater Accounts • 2,128 New Wastewater Accounts IDEA 2020 Pollution Prevention Champion •40 Miles Sewer Cleaned •565 Pretreatment Inspections • • • •Includes Maintenance, Operations, Collections, Grounds & SCADA Work Orders •13,000+ Lab Tests Performed 0 Permit Violations - IPDES Discharge, Reclaimed Water, or Air •212M Gallons More than FY19 (7.7%) •10.2M Peak Gallons Processed •500+ Pretreatment Plan Reviews W •28.5M Gallons Re -use Permit no`„ IDO020192 N RY Elnited Slates Bm Page 1 af43 t1 Region ntal10 Protection Agefty 1206 S"Oh�A,. ue Suite 90b Seattle, iW;lshingt(n 5 Auth 8101.314¢ In National Pallutanit ),"Z ehRrge Under he der t amen ythelWar rWith the provisions of a Elimination system ded h lear, W • - Quality Act of 1987, P.y, 00:4, the -Actt, 33 U.5.C. 3251 er re9•, W as City of Meridian 3401 City Treatment Plant [s authoriaad to di � o a, en Mile aad fat€o soharge Cram the 6 �''tnS location{si: Wasteyya1er treatment Plant located in Meridian, ] Uu1fa11 Vol Reeeiving Water Idaho, at the 002 Pivemile e+rek Latitude Boise River in accprcl<vncc wirlt di Iv Longitude nditians schar 43� 0' 27" tti 116° 26' 30., µ' sel f°nh rein. pointfsl, el}luent lirnitatian 115° 24' 45" W This s rnonitaring mquireme Permit shall baeomc etTgClivc An nts and other This Permit and the bust 1, 2017, authorization to Perrnittee dischprSe shall ex Pp i ee intends to co"in relpPPll liara l�rmit reisauance pt m at midnight lulY 31, 2022 ns and di9c Ses at on ac ltty or b3x 1. 2022 if the Signed this the f i ' yond th dal'' of e tertn ofthis > 2017. in 4tTicet of " Acting Direotar / U.S. Envim�ntal p aterMeds, Region !0 roteclion ASency I ion Awl Adir- VIL Ar •]1T/IJILIMMMU:40 N $72M Planned to Meet Final 0 Requirements 0 • $66.3M — Upgrades (Digester 6, CN O Sidestream Phosphorus, Old Plant (**4 Retrofit, Tertiary Filters, DAFT, etc.) • $5.2M — WRRF Expansion Property A20: Configuration (Old plant) IMLR Anaeroble Anoaic Aerobic Clarifier Wastewater o o o _� PAR oQ WAS 5-stage Bardenpho: Future Configuration IMLR Wffia al Aewoicl 2 Anaerobic 1 An°Klc 1 Pr — Aerobic 2 0arif2r wastewater e — k a° rvs wns G5ervy In Birch La m V S b EF..tdRRd a 6a�+ a - - z Aipod Rd 4 k 2 - ka 2 E v1rary Rd WChind.n RW - Efclamiii I r r r 1 WMeMWf Rd EM X...Rd `r c y L t r r 1. _• W Un*k Rd C EIM Rd z g II!)1�ry.�JIIz w cherty In EFa ,Ave W Pine Ave EX -An w tanNlin Rd Z EFnMdM Rtl E Cp M 84 Wooed id Rd EEry RdRd K m W viir Rd E Vk—y Rd N O yC 2 EAmiy Ave �WAmiy Rdh EA yRd a L--------� WLke Hazel Rd Lam. Legend 0 Waste Water Infrastructure Projects- In Progress Waste Water Infrastructure Projects- Complete in FY 20 Waste Water Infrastructure Projects- Planned for next 5-10 Years Impact Area E 1aka H.Rd Rd .{ r 1 r C � r s L — — — — — ---EcvWnibia Rd F i r H r r r N E Hubbard Rd y 0 0.25 0.5 t s Miles C, J Chinden L J! Cherry Fairview Pine Franklin ............ TOO Leend verland g Impact Area City Limit Victory Sewer Service Area Parcels Future Lift Station Projects [L] Can Ada LS NorMcDermott LS �Replacirg Oaks LS) South McDermott LS 0 E L - - - - - - ---------- --J McDermott Sewer Trunk U Trunk Shed Name U ro Car; Ada Trunkshed CO i La Ke Hazel North McDermott Trunkshed y- South McDermott Trunkshed Sewer Trunkshed ------ --- --- % Columbia IT U > 0 UJ Nil U (D a) Hubbard on ITREETLIGHTS �l 1� r7:1 7 STREETLIGHTS • Accomplishments Future Challenges • 591 New Streetlights Energy Conservation/ • 131 LED Conversions Optimization • Line Locates Moved In-house • 11200 (est) Completed • LED Conversion • 41B to 41C Conversion • New Lights • Backlog/Unserved • CDGB Grants • Sustained Program Funding FINANCE/ ENTERPRISE FUND To maintain and plan for the financial stability of the Water and Wastewater utilities Djr,j •i l Enterprise Fund Rate Model Undesignated Ending Fund/Ending Fund Balances: FY22 - FY31 $50,000,000 T -------------- $40,000,000 +---------- $30,000,000-� ----------------------------------------------- $20,000,000 t------------------------------------------------------------- $10,000,000----------------------- ------ $0 ($10,000,000) +------ ($20.000,000) 2022 2023 2024 2026 2026 2027 1 2025 1 2029 2030 2031 F-TOTALUEFI S41.993-255 $37.232111 $32.003,769 529.286-3T7 $33.762988 539.03T.582 I 539.048.526 1 $31.391.666 323.793-507 59,152.014 RATES & FEES • Rates/Fees • Current • Last Adjusted in 2015 Water & Sewer Rates L 6§ FUTURE FINANCIAL CHALLENGES • Cost of Service Study • Rate/Fee Analysis • Base vs. Use Expense Allocation • Fund Split Methodology • Assessment Fee Methodology CW of • Fund Splitting • Split Based on: • Existing Fund Allocation Estimates (Finance & PW Rate Model) • 10-year CFP • Results of COSS • Split Estimate STAFFING 14" . . . . . . . . . . . . —M or, 71 Ole The people who make it all happen (*Pre-COVID Photo) •38 FTEs — Admin Support Services •31 FTEs — Water •49 FTEs — Wastewater 19 New Employees *New Lice nsure/Certifications •Water — 21 Licenses •WW — 9 Licenses •SCADA-4 License 96 Internal Promotions 01 11,?200+ Training Hours 1 19 New FTEs Planned FY22-FY31 • 16 Departures • 75% to better opportunities STAFFING CHALLENGES • Recruitment • Qualified Candidates • Retention • Job Family Structure • Restructure Methodology for Classifying Jobs to Match How Work is Managed • Supports & Incentivizes Employee Growth • Offers Career Path • Maximizes Flexibility & Efficiency Current Structure • Improves Retention Current/Future Need V]161 Project Management Facilities Asset Management Inspections 6� _ "M Environmental Solid Waste FACILITIES &PROJECT SUPPORT • Accomplishments • COVI D-19 Response • Adjustments to All City Environmental Controls • Installation of MERV13 Filtration across the City • Enhanced Cleaning Schedule and Sanitizing Agent Procurement • General Fund Project Support • Fire Station 6 • FS Diesel Exhaust • FS Flooring Replacements • Facility Repairs Future Challenges • Facility Assessments/Inspections • Scenario Village -' • Fire Stations 7 & 8 - OEM ENVIRONMENTAL • Accomplishments • Environmental Program Plan • New Floodplain Map • Community Rating System (CRS)/FEMA FIRM's Adopted • Future Challenges • 9 Mile Creek/MDC Flood Mitigation Project • Sustainability • KW Energy Star • HVAC • LED Lights SOLID WASTE (Trash/Recycling) • Accomplishment • Identified —60K Annual Saving (better, detailed contract management & new rate/fee negotiations) • Future Challenges • Solid Waste Plan • Orange Bag Program FOUNDATIONAL SUPPORT EFFORTS Asset Management/GIS • Accomplishments • Asset Management Inventory Control • GIS Integration of New Applications & Dashboards (Flushing Notifications, Trash 'R Treasure, Manhole Locates, Water Quality) • Flushing Notification Map/Address Correlator Developed & Implemented • Future Challenges • Streetlight Assets Migrated to I PS Public Woi • 83 New residential projects inspected • 55 New commercial projects inspected THANK YOU Questions? Item#22. (F) Crime Liability Insurance covering all employees who have access to or responsibility for or who handle Lessee funds of not less than$3,000,000 each occurrence (G) Workers' Compensation Insurance in such amounts that comply with applicable statutory requirements, and Employer's Liability limits, of not less than $1,000,000 per accident, $1,000,000 disease-policy limit, and $1,000,000 disease each employee. (H) Pollution Liability/Environmental Impairment of not less than $3,000,000 per accident/aggregate limit. All such insurance coverage maintained by KSM (except as set forth in(E), (F), (G) and (H)) shall name Lessee as additional insured to the extent of the indemnification by KSM under Section 7.2 of this Agreement and shall be maintained with insurance companies rated at least A- by Best Key Rating Guide and shall be licensed to do business in the state in which the Property is located. KSM shall deliver to Lessee certificates of such insurance evidencing the required policies. Lessee acknowledges that KSM has made no representations or warranties that the above coverages are sufficient to fully protect Lessee. 2. Lessee Provided Insurance. In addition to the insurance to be maintained by KSM as described above, Lessee shall maintain, at Lessee's sole cost and expense, with insurance companies licensed to do business in the state where the Property is located, sufficient insurance as Lessee deems necessary. Lessee shall deliver to KSM certificates of insurance evidencing the above-required policies. Management Agreement A-15 Lakeview Golf Club 09.24.20swk Ver.03252019 Page 459