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2020-11-04 Regular WE IDIAN City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Wednesday, November 04, 2020 at 6:00 PM Minutes VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/85020416321 Or join by phone: 1-669-900-6833 Webinar ID: 850 2041 6321 ROLL CALL ATTENDANCE PRESENT Mayor Robert E. Simison Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilman Luke Cavener ABSENT Councilwoman Jessica Perreault PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA-Adopted Motion to amend the agenda specific to Item 27 made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilman Cavener COMMUNITY PRESENTATIONS [Action Item] 1. Parks and Recreation Department: Service Recognition for Commissioner Creg Steele CONSENT AGENDA [Action Item] -Approved Motion to approve the consent agenda made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilman Cavener 2. Approve Minutes of the October 20, 2020 City Council Regular Meeting 3. Approve Minutes of the October 22, 2020 City Council Joint Meeting with Ada County Highway District 4. Hill's Century Farm North No. 1 Water Main Easement No. 1 5. Millbrae Subdivision Water Main Easement No. 1 6. Apex Offisite Sanitary Sewer Easement No. 5 7. Final Plat for Edington Commons No. 1 (FP-2020-0005) by Conger Group, Generally Located on the East Side of N. Linder Rd., North of W. Ustick Rd. 8. Final Plat for Movado No. 9 (H-2020-0006) by DevCo, LLC, Located Approximately 1/4 Mile South of E. Overland Rd. on the West Side of S. Cloverdale Rd. 9. Final Plat for Quartet Northeast No. 1 (FP-2020-0003) by Kody Daffer of Brighton Development, Located on the East Side of N. Black Cat Rd., 1/4 Mile South of W. McMillan Rd. 10. Final Plat for Shelburne South No. 1 (FP-2020-0001) by Ian Connair of Kimley- Horn &Associates, Located on the North Side of E.Amity Rd. Midway Between S. Eagle Rd. and S. Cloverdale Rd. 11. Final Plat for Shelburne South No. 2 (FP-2020-0002) by Ian Connair of Kimley- Horn &Associates, Located on the North Side of E.Amity Rd. Midway Between S. Eagle Rd. and S. Cloverdale Rd. 12. Findings of Fact, Conclusions of Law for Jocelyn Park Subdivision (H-2020-0067) by Bonnie Layton, Located on the South Side of W.Victory Rd.,Approximately 1/4 Mile West of S. Meridian Rd. 13. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits at 2690 E. Franklin Rd. 14. Agreement Between the City of Meridian and Kurita America, Inc. for the Purchase and Supply of Well 18 Iron and Manganese Removal Tank and Equipment for a Not-to-Exceed Amount of$791,862.00 15. Approval of Cost Share Permit with Ada County Highway District (ACHD) for Non- Transportation Improvements Associated with Eagle Rd.,Victory Rd. to Amity Rd. Widening Project 16. License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian Regarding a Pathway in the Baraya No. 5 Subdivision 17. Estoppel Certificate by City of Meridian in Favor of Lakeview Meridian Investors and Western Ada Recreation District Confirming Meridian's Consent to the Assignment of the Lease at Lakeview Golf Club to Western Ada Recreation District and Discharging Lakeview Meridian Investors from All Covenants and Obligations Under the Lease 18. Memorandum of Understanding with Local 4627 and the City to Extend Specific General Employee Benefits to the Union Members through November 30, 2020 19. Resolution No. 20-2240: A Resolution Vacating the 5 Feet Existing Property Drainage, Utility and Maintenance Easements Established Along the Interior Lot Lines of Lots 1-4, Block 4 of the Gemstone Center No. 3, in the City of Meridian,Ada County, State of Idaho 20. Resolution No. 20-2241: A Resolution Authorizing the Eighth Continuance of a Local Disaster Emergency Declaration and its Terms for an Additional Thirty (30) Days; Authorizing the Continued Immediate Expenditure of Public Money to Safeguard Life, Health and Property; and Providing an Effective Date. 21. AP Invoices for Payment- 10-27-20 - Special - $51,803.31 22. AP Invoices for Payment- 10-28-20 - $5,283.50 23. AP Invoices for Payment- 11-03-20 - $786,413.41 ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] PUBLIC FORUM - Future Meeting Topics The public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. ACTION ITEMS Public Hearing process: Land use development applications begin with presentation of the project and analysis of the application by Planning Staff. The applicant is then allowed up to 15 minutes to present their project. Members of the public are then allowed up to 3 minutes each to address City Council regarding the application. Citizens acting as a representative of a Homeowner's Association may be allowed up to 10 minutes to speak on behalf of represented homeowners who have consented to yielding their time.After all public testimony, the applicant is allowed up to 10 minutes to respond to questions and comments. City Council members may ask questions throughout the public hearing process. The public hearing is then closed, and no further public comment is heard. City Council may move to continue the application to a future meeting or approve or deny the application. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items unless to break a tie vote. 24. Public Hearing for Proposed Winter/Spring 2021 Fee Schedule of the Meridian Parks and Recreation Department 25. Resolution No. 20-2236: A Resolution Adopting the Winter/Spring 2021 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date -Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilman Cavener 26. Public Hearing for East Ridge (H-2020-0096) by Devco Development, LLC, Located North of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd. -Approved A. Request: Development Agreement Modification to replace the approved clubhouse amenity with a dog park, water feature and park, and removal of additional requirements for berming, increased setbacks and fencing. Motion to approve made by Councilwoman Strader, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Cavener Voting Nay: Councilman Borton, Councilman Bernt FUTURE MEETING TOPICS EXECUTIVE SESSION 27. [Amended Title] Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counter offer. 74-206(1)(a) To consider hiring a public officer, employee, staff member or individual agent, and 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Motion made to enter executive session by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilman Cavener In to Executive Session: 7:30 pm Out of Executive Session: 8:18 pm ADJOURNMENT 8:18 pm Item#3. Meridian City Council November 4, 2020. A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, November 4, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Brad Hoaglun and Liz Strader. Member Absent: Jessica Perreault. Also present: Chris Johnson, Bill Nary, Alan Tiefenbach, Shawn Harper, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE X Liz Strader X Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: For the record it is Tuesday, November 4th, at 6:02 p.m. and we will begin tonight's meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all rise and, please, join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Next item on -- on our agenda is the community invocation, which will be led this evening Pastor Daryl Zachman of Calvary Chapel -- Calvary Chapel Treasure Valley. If you would all, please, take this -- take this time to join us in the invocation or take this as a moment of silence. Zachman: Our Heavenly Father, we come before you this evening, acknowledging that our hope and trust are in you. As the psalmist says: Blessed is the nation whose God is the Lord. Our nation and our communities face many challenges, including a pandemic and political and racial divisions. We ask for your mercy, protection, and healing for our land. We lift up our Mayor and City Council Members. We thank you for their leadership and the many hours they devote to serving the people of Meridian. Help them in the decisions they make tonight. Guide them in protecting our citizens and improving our city for everyone. We ask these things in the name of your son Jesus Christ, amen. Page 80 Meridian City Council Item#3. November 4,2020 Page 2 of 32 ADOPTION OF AGENDA Simison: Thank you. Next item is the adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I would like to change up the agenda a little bit this evening. It has to do with Executive Session. We will be adding Idaho State Code 74-206(1)(a) and 74-206(1)(f) for discussion for Executive Session this evening. Other than that, I think everything looks good. So, with that I move that we approve the--the --the agenda as-- as--as amended. Hoaglun: Mr. Mayor, second the motion. Simison: There is a motion and seconded to adopt the agenda with the additions. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. COMMUNITY PRESENTATIONS [Action Item] 1. Parks and Recreation Department: Service Recognition for Commissioner Creg Steele Simison: Next item is under Community Presentations. Parks and Recreation Department service recognition for Commissioner Creg Steele. I'm going to turn this over to Director Steve Siddoway. Siddoway: Thank you, Mayor Simison and Members of the Council. It is my pleasure tonight to be able to take this opportunity to recognize someone who has done a great deal of service to our department and our city and that is -- is Creg Steele. Creg, would you mind coming up and joining me. We were able to recognize Creg and give him a plaque for him -- as he stepped off the commission at the meeting in October. However, there was an award that had not come to us yet that I want to present to him tonight. That's from the Idaho Recreation and Parks Association, our state parks and rec agency, and I'm glad to see Treg here tonight, because Treg, Councilman Bernt, was formerly on the -- the Parks and Recreation Commission before he was on Council and I believe it was him that coined the term Godfather as our beloved nickname for Creg Steele for his numerous years of service. So, I just want to read a little bit for you of what we submitted that -- that won the award that we are going to present tonight. We call him the Godfather of Meridian Parks and Recreation and for a very good reason. Meridian resident and businessman Creg Steele volunteered as a member of the Parks and Recreation Commission continuously since January of 2000. Prior to being appointed to the Parks and Recreation Commission by the mayor then, Creg also volunteered with Meridian's Page 81 Meridian City Council Item#3. November 4,2020 Page 3 of 32 March For Parks program for two years. Creg also served two terms as the president of the commission and served as its vice-president numerous times as well. We have actually lost count, but we believe it may be as many as eight times. In addition to these roles, Creg has served the City of Meridian on its golf course advisory committee, downtown revitalization committee, and its pathways committee. In the community he also has served as a volunteer coach for youth athletics and for several years he donated his time and talents to the Friends of Meridian Parks organization raising funds for needed park projects. Creg will tell you his favorite projects over the years involved work on Settlers Park and Kleiner Park because of the wide variety of amenities these popular regional parks include and the wonderful assets they have become for our city. When we asked him why he served the city for so long as a volunteer, Creg replied it's for the kids. His commitment to preserving future park space in our community, developing quality neighborhood community and regional parks, and enhancing the connectivity of our city's pathway system has never wavered. Creg recently retired from a seat on the Meridian Parks and Recreation Commission and attended his final commission meeting last month. But he didn't get away without being recognized for his two decades of service to the Meridian Parks and Recreation and for the positive impact he had on our community. So, I would also like to note that earlier this year Mayor Simpson recognized Creg with the prestigious Meridian Mayor's Legacy Award and, as I was mentioning at the beginning, just a couple weeks ago was honored by the Idaho Recreation and Parks Association with the citation of merit award for outstanding individual for someone who has made a significant contribution to parks and recreation in the state of Idaho. Neither Creg nor I were able to be in attendance at that particular conference, so it's my distinct pleasure to take this opportunity to award -- to award this award to him tonight with all of you and here it is. IRPA 2020 Citation of Merit Outstanding Individual Creg Steele in recognition of outstanding service and achievement in the parks and recreation field. So, with that thank you, Creg, for your 20 years of service and dedication to parks and recreation in our community. I will turn this over to you and let you say a few words. Steele: Thank you. Nice to see you guys here tonight and thank you. Yes, it's been a while I guess and I have said it before and I just think, you know, Meridian -- we have some awesome parks and it's because of what you guys do and the effort that you put in, the commission and our citizens and all of us working together we have been able to accomplish some -- some awesome things and our parks I think are some of the best in the state and we have always had that attitude here. Steve and his department -- gosh, what a great department they are and everybody treats it like it's their own, but with that, though, with everybody doing and working together, you know, our parks are just second to none and when we have had the ability to build a park we don't just build a park, we build something that we can actually look forward to and something that's better than just your average park. You know, you look at Discovery Park and Kleiner and all of these you know, Bear Creek -- any of them. Settlers. They are not just parks, you know, we we didn't have to have the tennis courts that we have out there, but we built it that way so we could have a tennis tournament to bring people together and these groups and same thing with the baseball fields there and stuff. So, I just thank you guys for working with us on the commission and being there and supporting Meridian like you have. Page 82 Meridian City Council Item#3. November 4,2020 Page 4 of 32 Simison: Council, the only thing I got is probably a standing ovation, but I will turn it over to you for some comments if you would like. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Along with the kiddos, Creg, I know that's the reasons why you said you do these things and you have donated so much of your time over the years, but just as important I believe you did it, excuse me, because you care not only for the kiddos, but the deep love that you have for your community. I have known you for a long time and consider you a dear friend. I know your family. Know your wife. Know your daughters. And you have been a great volunteer. So, just want to let you know thank you so much. I hope your tangerine color sells a lot in your neighborhood and business. Hope it's a hug hit for you. And I just want you to know I hope you are not a stranger. I hope that you continue to do what you do. I know it's in your soul. It's in your blood. I guarantee you that you are not going to be able to stay, you know, sitting on your hands for -- for too long, because you are going to get an itch to come back and do something and I want you to know when that happens that the door is always open for you. So, thank you so much. Thank you, Sandra, and thank you to your kiddos for the long nights away from home and all the hours that you have donated to this community. Thanks, Bud. Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor. Creg, thank you so much for your service to our community. I mean this is a true definition of someone who has a passion to see things done and they volunteer, they step up to serve, and I don't want people to be scared away thinking they have to serve 20 years, but you set the bar awfully high for everyone. But at the same time you are a great example of what it means to serve your community and we are so blessed with these outstanding parks because of service by you and others on the parks commission and like you said, the staff and -- and people that sit up here, all working together to make it better -- a better community and a great location. You know, just thinking back, you know, I think we first met in 2008 when -- when I first came on Council the first time and -- and those were -- those were tough times and I remember the discussion when we had the ability to purchase that 70 acres, what is now Discovery Park out there, and we just scraped pennies together to see -- it was such a great deal we had to do it and I remember thinking someday, you know, what, 20 years from now that's going to be fantastic. We will develop that as a park. It's going to be great that we did that. And here it was ten years later we have first -- the first phase open, you know, from that purchase time and it's -- you know, looking ahead of the foresight you had to make sure that we think to the future and what our kids and grandkids and those that follow us have and will it be something that's a quality and -- and the Kleiner Park is a good example. We were blessed with that wonderful gift. But the involvement of the park commission and staff on having that come about a reality in a way that's just beautiful, you know, you just -- you just had your hand in so many of these parks that it's just a blessing for our community, because -- because of you being involved. So, thank you for that, Creg, and Page 83 Meridian City Council Item#3. November 4,2020 Page 5 of 32 I'm glad to call you friend and, yeah, like Councilman Bernt, I don't know if you will be able to keep -- keep out of something, you know, but we would welcome your involvement. So, we much appreciate your efforts. Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I would love to add a little bit to it. You are so loved around this community for so long, Creg. Truly appreciate everything that you have done for decades literally. That long-term vision that Brad talks about, Settlers Park is the example that -- that comes to mind for me, because I remember the work when it was planned and, then, constructed and, then, you know, both my boys grew up playing on it for years and years and years and years. So, that long-term vision and the ability to, then, you know, most recently with Discovery Park to know that -- that your efforts are to make the community successful for generations. I know I got a chance to live it with my boys and they are grown up. You served on the parks commission with one of them as he got older and I know their -- their kids will probably play on Settlers Park and the fields that you envisioned as well. So, appreciate all that you have done and it's -- it will last a lifetime in our community, so -- Steele: Thank you. Borton: And Treg's right, do not be a stranger. I don't think you will be, but -- Steele: No. I don't think I can be, but -- Borton: Thanks, Creg. Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. First, Steve, thanks for doing this award presentation here at Council. Everything that's going on you could have easily taken it to Creg, sent us an e-mail, and all that stuffs really great, but the fact that you took time to let us share part of the celebration is really great and it speaks to I think so much about what makes Creg unique is that he's truly an ambassador of our community. A convener. He's the guy -- I think probably all of us on Council -- at least a lot of us that have been here for a little bit at one point or another have called Creg to wrestle with an idea. I know that I can count on -- on a couple of hands the times I have called him out of the blue say, hey, Creg, let me -- let me throw something at you and his commitment to our community extends outside of just the parks commission. Here is a guy who is really -- he's really on fire for Meridian and is I think a shining example of a great Meridian citizen and Council President Bernt hit the nail on the head, just thanking the family for -- for sharing him with our community, with -- with our kids over the past 20 years, leaving quite a legacy that all of us will be able to enjoy. Thanks, Creg. Steele: Thank you. Page 84 Meridian City Council Item#3. November 4,2020 Page 6 of 32 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I will just say thank you so much, Mr. Steele, and your great example to our community, especially because you gave the most precious resource, which was your time, and I hope that other people are inspired by that to do the same. Thank you. Steele: Thank you. Simison: And -- and while I do want to end this with a standing ovation for your service, you know, we are designed for living here and a lot of that has to do with the -- the parks and what they mean for our families and I think that it's safe to say, you know, we have a lot of people that volunteer in our community and a lot of people that make it special, but here at the city we -- I think there is certain people that are part of the city family and you definitely are part of that city family. So, whether you want to come back and help out or you want to come back and complain, you know, whatever families do, you have that right and when you have that and you will be respected for that whatever it is that you decide to do. So, I don't want this to be like you are going away from that standpoint, but we do just want to honor and respect all you have done for our community and say thank you. Steele: Thank you. Simison: And with that -- Siddoway: I think Shelly is going to want to get a quick picture. CONSENT AGENDA 2. Approve Minutes of the October 20, 2020 City Council Regular Meeting 3. Approve Minutes of the October 22, 2020 City Council Joint Meeting with Ada County Highway District 4. Hill's Century Farm North No. 1 Water Main Easement No. 1 5. Millbrae Subdivision Water Main Easement No. 1 6. Apex Offsite Sanitary Sewer Easement No. 5 7. Final Plat for Edington Commons No. 1 (FP-2020-0005) by Conger Group, Generally Located on the East Side of N. Linder Rd., North of W. Ustick Rd. Page 85 Meridian City Council Item#3. November 4,2020 Page 7 of 32 8. Final Plat for Movado No. 9 (H-2020-0006) by DevCo, LLC, Located Approximately '/4 Mile South of E. Overland Rd. on the West Side of S. Cloverdale Rd. 9. Final Plat for Quartet Northeast No. 1 (FP-2020-0003) by Kody Daffer of Brighton Development, Located on the East Side of N. Black Cat Rd., '/4 Mile South of W. McMillan Rd. 10. Final Plat for Shelburne South No. 1 (FP-2020-0001) by Ian Connair of KimleyHorn & Associates, Located on the North Side of E. Amity Rd. Midway Between S. Eagle Rd. and S. Cloverdale Rd. 11. Final Plat for Shelburne South No. 2 (FP-2020-0002) by Ian Connair of KimleyHorn & Associates, Located on the North Side of E. Amity Rd. Midway Between S. Eagle Rd. and S. Cloverdale Rd. 12. Findings of Fact, Conclusions of Law for Jocelyn Park Subdivision (H- 2020-0067) by Bonnie Layton, Located on the South Side of W. Victory Rd., Approximately '/4 Mile West of S. Meridian Rd. 13. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits at 2690 E. Franklin Rd. 14. Agreement Between the City of Meridian and Kurita America, Inc. for the Purchase and Supply of Well 18 Iron and Manganese Removal Tank and Equipment for a Not-to-Exceed Amount of $791,862.00 15. Approval of Cost Share Permit with Ada County Highway District (ACHD) for NonTransportation Improvements Associated with Eagle Rd., Victory Rd. to Amity Rd. Widening Project 16. License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian Regarding a Pathway in the Baraya No. 5 Subdivision 17. Estoppel Certificate by City of Meridian in Favor of Lakeview Meridian Investors and Western Ada Recreation District Confirming Meridian's Consent to the Assignment of the Lease at Lakeview Golf Club to Western Ada Recreation District and Discharging Lakeview Meridian Investors from All Covenants and Obligations Under the Lease 18. Memorandum of Understanding with Local 4627 and the City to Extend Specific General Employee Benefits to the Union Members through November 30, 2020 Page 86 Meridian City Council Item#3. November 4,2020 Page 8 of 32 19. Resolution No. 20-2240: A Resolution Vacating the 5 Feet Existing Property Drainage, Utility and Maintenance Easements Established Along the Interior Lot Lines of Lots 1-4, Block 4 of the Gemstone Center No. 3, in the City of Meridian, Ada County, State of Idaho 20. Resolution No. 20-2241: A Resolution Authorizing the Eighth Continuance of a Local Disaster Emergency Declaration and its Terms for an Additional Thirty (30) Days; Authorizing the Continued Immediate Expenditure of Public Money to Safeguard Life, Health and Property; and Providing an Effective Date. 21. AP Invoices for Payment - 10-27-20 - Special - $51,803.31 22. AP Invoices for Payment - 10-28-20 - $5,283.50 23. AP Invoices for Payment - 11-03-20 - $786,413.41 Simison: Next item is our Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Mr. Mayor, I don't believe that we have any changes on the Consent Agenda. So, I move that we approve the Consent Agenda, for the Mayor to sign it and for the Clerk to attest. Hoaglun: Mr. Mayor, I second the motion. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: Mr. Clerk, do we have anything -- nothing removed from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: Do we have anyone signed up under the public forum? Johnson: Mr. Mayor, we do not. ACTION ITEMS Page 87 Meridian City Council Item#3. November 4,2020 Page 9 of 32 24. Public Hearing for Proposed Winter/Spring 2021 Fee Schedule of the Meridian Parks and Recreation Department Simison: Okay. Then with that we will move into Action Items. Our first item is a public hearing for proposed Winter-Spring 2021 Fee Schedule for the Meridian Parks and Recreation Department. I will open this public hearing with staff comments and turn this over to Mr. White. White: Mr. Mayor, Members of the Council, thanks for having me tonight. In front of you guys is the proposed fees for the 20-21 Spring-Winter activities that we plan to offer. With that I will stand for any questions. Cavener: Mr. Mayor? Simison: Council, any questions? Yes, Councilman Cavener. Cavener: Thank you, Mr. Mayor. Garrett, not necessarily a question about the fees, just maybe a quick overview for Council about kind of how the Parks Department's had to pivot around COVID, kind of what the plans are, backup plans related to the winter-spring activities and -- I guess I don't -- I don't see us necessarily coming out of this phase anytime soon and I think it would be good to know kind of how the department is responding. White: Councilman Cavener, Mr. Mayor. Good question. We are constantly -- and we this past year have had to be flexible all the way through and adapt as the orders come down either from the CDH and/or the governor's office and, really, it's to keep our community safe. So, we collaborate with the Central District Health Department quite a bit on our programs, giving them an idea of what we want to do, make sure they are on board with it and make sure we are a partner with them as well in doing this. So, to answer your question, we just kind of-- kind of roll with the punches and see what we can offer and adapt to what we do. Sometimes we will limit numbers based on number of gatherings and things like that. But, ultimately, we do work with CDH to make sure we are being safe and providing programs or community engagement activities for the community. So, I hope that answers your question. Kind of. Do you have a follow-up? Cavener: Mr. Mayor, follow up if I can. Simison: Councilman Cavener. Cavener: I guess, Garrett, taking all of the -- all that we have learned over the past year, one of the changes that the department has done in response to -- I mean to your point we are not offering programs the same way that we have, but I mean does -- in your opinion does this next rec guide look the same as years past or have we made changes and what do we do if-- if this doesn't get any better in terms of refunds or communicating with our -- with our customers? Page 88 Meridian City Council Item#3. November 4,2020 Page 10 of 32 White: Councilman Cavener, Mr. Mayor, some of the things we do -- we just try to communicate the best we can with our customers. If for some reason we have to go backwards and cancel classes, we put that information out as soon as possible. We offer things based on the current order and how we are going to proceed with those orders and adapt as we get towards the class. So, really, it's just a communication between the public and what we do. Our current activity guide we plan to -- we would like to see it the same as in the past. We are going digital with it to make it more -- I guess cost effective getting information out. A lot of things are going digital. We tried that this last time and it worked out very well. We got good feedback and it got out to everybody. A lot of information was posted. But when it comes to the actual protocols that we have in place, each program is different. Like I mentioned, we do limit the gathering sizes. We have hand sanitizers in place. We have the mask requirements there for all of our programs. We have the social distancing things. All while working with Central District Health while we are putting these programs on. And that's the key thing is we want to make sure our community stays safe. Simison: Council, any other questions? This is a public hearing. Is there anybody that would like to provide testimony on this fee schedule or did we have anyone sign up, Mr. Clerk? Johnson: Mr. Mayor, no one signed up and there is only one participant here. Simison: Okay. If anyone would like to provide testimony, please, do so by using the raise hand feature at the bottom of Zoom. Just give that a second. Seeing no one, Council? Hoaglun: Mr. Mayor? Simison: Council Member Hoaglun. Hoaglun: I move that we close the public hearing for the proposed Winter-Spring 2021 Fee Schedule for Meridian Parks and Recreation Department. Bernt: Second. Simison: I have a motion and a second to close the public hearing. 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: FIVE AYES. ONE ABSENT. 25. Resolution No. 20-2236: A Resolution Adopting the Winter/Spring 2021 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Page 89 Meridian City Council Item#3. November 4,2020 Page 11 of 32 Simison: Next item is Resolution No. 20-2236. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I will move approval of Resolution No. 20-2236, adopting the Winter-Spring 2021 Fee Schedule of the Meridian Parks and Recreation Department. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I second that. Simison: I have a motion and a second to adopt Resolution No. 20-2236. 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 resolution is agreed to. Thank you, Garrett. MOTION CARRIED: FIVE AYES. ONE ABSENT. 26. Public Hearing for East Ridge (H-2020-0096) by Devco Development, LLC, Located North of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd. A. Request: Development Agreement Modification to replace the approved clubhouse amenity with a dog park, water feature and park, and removal of additional requirements for berming, increased setbacks and fencing. Simison: Next item on the agenda is the public hearing for East Ridge, H-2020-0096. I will open this public hearing with staff comments and turn this over to Alan. Tiefenbach: Good evening, Mr. Mayor, Members of the Council. Alan Tiefenbach, Associate Planner. So, this is a proposal for a modification to an existing development agreement for reconfigurations to the second and third phases of the East Ridge plat, removal of a required clubhouse amenity and removal of a development agreement addendum that was approved to address neighbor comments. Put up a vicinity map here, so refresh your memory. It's at the northwest quadrant, basically, of Eagle and Lake Hazel. I'm going to run through a little bit of the history, because there is a lot here. The property was annexed, zoned, and platted for 139 residential lots. Let me close this. And it was platted for seven common lots. And that was done in 2017. The development agreement included general layout, amenities, building elevations. In 2019 it was discovered that additional concessions that were made by the developer during the public hearing had not been included into the original development agreement. In 2019 the Council approved a DA addendum that included these conditions and most of these Page 90 Meridian City Council Item#3. November 4,2020 Page 12 of 32 conditions were specific to the western property at 2310 East Lake Hazel. They -- they included wrought iron fencing, a one story height berming and increased landscaping. However, it's important to point out that some of the additional requirements were not just specific to the western property. That includes a one story height for all houses in the Village area -- and I will go through in a minute with some diagrams to kind of explain this to you. So, some of the additional requirements that weren't just specific to the western property included one story height for the houses in the Village area, increased setbacks at the northwest and east portions of the platted area, as well as an age restriction for properties in the Village area. I think it's important to note that that age restriction was one of the reasons why -- it was one of the justifications that was used by the applicant in the public hearings to rezone it to R-15, because there were some significant community concerns at that time. So, the filing one of the plat was approved in 2019 and the majority of this is built out. The applicant requested a pre-app to discuss filing two and phase three as well. The lot configuration for filing two did not differ enough to require revisiting the preliminary plat. You can -- you can do things -- you can make changes as long as you don't increase the number of lots or decrease the common -- or open space, which it didn't do, but the layout did different enough that the design didn't match what was shown in the original DA exhibit and that also includes the elevations. They were different as well. In addition to that, at this pre-ap meeting the applicant proposed to remove the clubhouse. There was a clubhouse that's required to be built with filing two and this applicant wanted to eliminate the clubhouse and reduce it -- and replace it with a dog park, water features, and an outdoor shelter structure. Also this applicant requested that the DA addendum be terminated, because the property to the west is now under a different ownership. On the left here is the original preliminary plat and what really is different here, Council, is that the dotted lines you see there were common lots. There were common lots all over this plat and it became very difficult for staff to try to enforce setbacks on this. What you see on the right is what is proposed now. And, again, the major difference is is that those common lots have gone away and you will see now that in that -- I guess that loop that you could call it in here, there is two new internal private roads that are taking the place for those common lots. Outside of that, the lot sizes and the lot numbers have not changed. This is the approved landscape plan and I just put a little label there to show you where the clubhouse is. So, Lake Hazel is down here and this is the entrance. Most of all of this up to the north and all of this to the east is mostly under construction. There are probably a third of the lots that are still vacant and being built on. I put this exhibit together to try to explain the addendum to you. So, the addendum has four sections to it. It talks about the whole development. It talks about the estate lots, the rim estate lots, and the Village area. I want to sort of go through and talk about this, if that's okay with you, Council. Starting on the left-hand side -- so, the applicant proposes to terminate the entire addendum. Staff had concerns with the entire addendum going away, because, as I mentioned, there are some restrictions that would apply to all of the properties, not just the western property. So, starting with the estate lots, the DA addendum restricts properties to one story in this area and rear -- rear setbacks should be 45 feet. So, there are -- there are numerous properties to the north here that would be affected by that as well, not just this property to the west. The -- in the estate lots the DA addendum requires all of these properties to have 45 foot setbacks and seven and a half foot side setbacks and there are -- there are a few lots that have not Page 91 Meridian City Council Item#3. November 4,2020 Page 13 of 32 been built on here yet. Staff looked to see if building permits had been issued and they have not yet. That's why staff is concerned about removing all of those restrictions. Those would affect actually all of the properties in the subdivision that's under development to the east. We recommend in addition -- this is the Village area here. It's in green. That's the area that's zoned R-15. It's supposed to be age restricted. The DA addendum restricts properties in this area to one story and it also requires it to be age restricted. There is numerous -- some 80'ish, maybe -- or maybe 90 lots there still to be built out here. Staff thinks that removing that addendum is a pretty significant change and that would affect a lot more than just the western property. And, finally, the DA amendment requires all of the specific properties -- it requires specific things for this western property and that's the wrought iron fencing, the setbacks, the berming, the landscaping, staff is okay with removing all of those requirements. In addition, on the left here you can see the elevations that were proposed with this DA. In general what you are looking at here is your duplex-type houses and on the -- on the right-hand side what is being proposed are these patio homes and you can see that these are being shown as one story. So, staff is fine with that. So, staff recommends termination of the development agreement addendum, referencing the staff report. Staff recommends the original DA be -- be amended and this DA amendment would retain the requirement for a clubhouse. So, we don't agree with the applicant on that particular thing. We also recommend that -- we referenced the new lot layout and the elevations and that is in the -- the recommendations in the staff report and it would also retain -- or I guess you could call carry over all those requirements that I talked about in the addendum that were not specific to the western property. Again, those are all listed in the staff report. And with that I will entertain any questions, Council. Simison: Thank you. Alan. Council, any questions for staff at this time? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you very much, Alan. I guess do you have a concern about the amenity that is specifically because this is age restricted housing and is that typical? Tiefenbach: That's a great question. Thank you. Yes, we do. So, there is a few reasons why we -- we didn't -- we didn't support removal of the clubhouse. The applicant's justification -- and I think this is going to be the only issue that the applicant and staff are not going to be seeing eye to eye on. So, the applicant's justification for the clubhouse was that with the COVID pandemic there are less people that want to mingle indoors and their argument is that more people now want to do things outside. Staffs concern with that, first of all, is the -- the pandemic, hopefully, is going to be a temporary situation, I really hope. Not a long-term situation. We don't believe that the -- the desire for a clubhouse amenity for indoor gatherings is going to go away just because of this pandemic. The second thing, Council Person, is that the --the --this clubhouse is specific to the Village area, which is this R-15 zoned area, which are these patio homes and patio homes typically have very narrow side yards, not a lot of backyard. So, we think that's Page 92 Meridian City Council Item#3. November 4,2020 Page 14 of 32 even more reason why there should be some sort of community gathering place and, third, I guess-- and really importantly is that outdoor areas in Idaho are probably not going to be super useful in maybe November until April when it's cold and snowy and icy. We think that an indoor amenity, like a clubhouse, would be much more useful to the local population. Strader: Thank you. Mr. Mayor, a quick follow up. Simison: Council Woman Strader. Strader: I guess my question would be is this typical that we would get this specific about a particular amenity. I know sometimes we require a tot lot, for example. I guess I'm just trying to wrap my head around it in terms of is there a precedent that we have set that we are specific to age restricted housing requiring a clubhouse for any specific safety reason or another overarching concern that's different because that population is different. Is there anymore to it than just usability and for it to fit with the community? Tiefenbach: Not being here longer than seven months I'm not sure if I can give you a specific example. It's very common that the Council has approved development agreements with very specific requirements. There has been some additions to projects for tot lots or something like that within a specific area, so -- so, yeah, I think -- I think staff's opinion is that this is -- this amenity would -- would provide a much greater benefit to the -- to the residents than like a dog park. The other thing we are concerned about is that many of those lots have already been -- have been sold in the area and we are not sure which ones are already sort of in the pre-sale area now, so we do have concerns about maybe people thinking that there was going to be a clubhouse there and finding out that that clubhouse has gone away. Strader: Thank you. Tiefenbach: And if I can add, I want to give a little personal experience if I may. I just bought a house. Literally. I just closed on it on -- on Monday and in the -- in the neighborhood where I just bought a house there is a lot that has a clubhouse and a pool right now under construction. It's about half completed. And being a resident of that subdivision I can tell you that I'm very excited to know that I have a clubhouse and a pool that I can use year around. Bernt: Congratulations. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Yeah. Alan, congrats again. How far away is this location from Discovery Park? Page 93 Meridian City Council Item#3. November 4,2020 Page 15 of 32 Tiefenbach: Yeah. It's pretty close. Is it right across the street? I don't have the GIS up, but it's -- if you are talking about the one that's under development, it's down Lake Hazel -- yeah, a quarter mile on the left-hand side. Cavener: That was my thought. Okay. Thank you. Simison: Council, any other questions for staff? Okay. With that I will recognize the applicant for 15 minutes and we will turn this over to Mr. Clark. Clark: Thank you, Mr. Mayor. Can everybody hear me? Okay. Thanks. And I would like to share a presentation if I could. It looks like I have got a -- I'm competing -- oh, nope. Now it's -- now it's available. Thank you. Okay. So, Hethe Clark. 251 East Front Street in Boise and I am working with BlackRock Homes and Conger Management Group on the development agreement modification that Alan's discussed with you tonight. I thought I would start with a little bit of background. I think Alan has kind of given you that to a pretty high level, so I'm not going to spend as much time on that as I might have been thinking before. But as you know, this is an existing project. It is underway. It's been very successful through phase one. Some of you will be aware that phase one, which we call the estates -- and that's how I will refer to it through the course of the night. Those are the larger lots on the exterior. Those are -- that area is well on its way too being built out. What we are doing now is we are moving on to phases two and three, which is the Village. So, I will refer to these smaller lots in the age restricted community as the Village. It is not built, but we know a lot about how it will best function based on what we have experienced with other projects and I would point you to Movado as a very good example of that. What we are dealing with now is we are dealing with a number of things as we -- as we are moving forward. What we have learned in having conversations with folks in these communities that there are certain types of amenities that they want to see. One thing that they want to see is small, easily maintained backyards and that goes to the -- the lot reconfiguration that we have discussed -- that Alan has shown you. Another thing that we have learned from talking to folks is that the amenities that they want are not clubhouses anymore. The amenities that folks are looking for are outdoor amenities, like dog parks, and so we will -- we will circle back on that, but I wanted to point out that this -- this application comes from that -- the conversations that we are having with folks who either live in these projects or would like to live in these projects. So, as we -- as we look at this application and as Alan mentioned, we propose to modify the layout to respond to what we have learned from these other homeowners and from what we have learned through working through this process with the city, as Alan mentioned, the common driveway thing is pretty tough to manage. This application proposed to remove the old addendum -- and that came -- I want to be clear about that. That wasn't an attempt to try to affect some of these restrictions in -- in phases two and three that we have talked about tonight. That was done at direction of staff, because it looks like at this point you will recall that the -- it was the Baumgartner property to the west that drove those additional restrictions and -- and that is now part of the Lavender Heights project and so a lot of that's been overcome by events. You know, we -- again, there -- I just want to be clear that there is no increase in density here. It's the same number of lots. We are using private streets, rather than common drives. It simplifies life for us. It simplifies life for the Page 94 Meridian City Council Item#3. November 4,2020 Page 16 of 32 city and we are in agreement with the -- all of the points that Alan made tonight. So, there is no -- there is no debate about the drawing that Alan showed with the gold around the estate lots and around the rim, all of that. We are all on the same page when it comes to all of those standards. And, again, we appreciate Alan's work on that and there really is only one item for us to talk about tonight, which is this -- the amenity package for this project. So, let's cut to the chase with that. So, as you enter the property -- I want to give you a feel for -- for what folks would see here, because this really comes down to have we met your code and, then, are we responsive to what the market would dictate for this type of a project. So, as one enters the project they are going to see this entry monument that they will pass on their way into our amenity area. So, this is the--the entry monument from Movado. It's going to look a lot like this as people come into the project. And, then this is what they will see once they get there. So, we are proposing for the -- for this 20 -- for every -- you know, for every 20 acres there has to be another amenity. So, for this area we are proposing three. The combination that we are looking at, rather than the single clubhouse from before, is a ramada or what I would like to call an open air clubhouse and why do I call it that? This is not just a picnic shelter like your code would speaks to. It's going to be a substantial structure. It's going to be nicely designed with seating, with barbecue area, electrical hookups, extra parking and I will show you a photo soon of what that's going to look like in a moment. But I want you to see it in context with the rest of the amenity package. The second amenity would be the water fountain that you can see on the right. I have a photo of what that's going to look like as well. And, then, the third amenity would be the dog park. That's going to have double gates. It's going to be fully fenced. It will have seven seating benches in it. There will be -- as you can see on the screen, a walking path around the perimeter. It will be fully landscaped. It's about a third of an acre and it's the right size for this small gated community. So, if we look at the water feature, this is what was proposed -- or, excuse me, what was approved in Movado and we are proposing to use a similar design. As you know, water features are improved active use to meet your qualified open space requirements. This is what we are proposing as the ramada, though I like to call it an open air clubhouse. It's -- this design is a photo from another project that we are working on in Eagle. It's been through design review there. It's about 16 by 30. As you can see it's -- it's got substantial construction. It's sharp. It's a beautiful amenity. It's going to be a functional gathering space with -- as I said, electrical and gas hookups and parking nearby. So, bringing this back around to the application, you know, what -- what are we asking for? So, the -- the current Condition 5.1.d says that in the Villages we would provide a clubhouse for that area. It's only for the Villages. It is not for the surrounding estates. Only for the Villages. And I need to emphasize that, because to be clear we have to go -- we need to do this DA mod before we can plat. So, no -- no lots in the Villages have been sold. There is no expectation by anyone of a clubhouse at this point. It hasn't been promised. It's not something that the estate area would use. You are -- if you look at Section 5.1.d, the same one we are talking about modifying right now, it is very clear as to that allocation between the Estates and Villages. So, what we are trying to do here is to get out ahead of the question and we are addressing it with the benefit -- benefit of insight from owners at our sister communities as to what they want to see. Again, they want to see dog parks. They don't want to see clubhouses. And I think that's an important thing here, because we have to think about the size of this community. It's -- this area -- you know, the Village Page 95 Meridian City Council Item#3. November 4,2020 Page 17 of 32 is 96 lots. That's not enough to provide the extensive use of an indoor clubhouse and what that means is we would be saddling those 96 lots with the ongoing expenditure of maintaining, repairing, and keeping a clubhouse going, when we don't think that that's what they want and what -- it would be appropriate for the market. So, we think this amenity not only meets the market, it's smarter for the future HOA and I want to be clear -- and this goes to Council Woman Strader's point -- this does meet -- it still meets your -- your code requirements. Your code -- one of the qualified site amenities is a picnic structure with tables. We think this is a heck of a lot more than a picnic structure with tables, but it absolutely needs to -- and we don't think that there is a requirement or that it's -- that it's appropriate, really, to micromanage that amenity, so long as it's being provided in a way that satisfies your code. So, in order to keep it simple, this is the language that we would suggest for 5.1.d. We can keep a pretty light footprint in it. The underlined words would be added and, then, this -- there would be just a strike through of the one word. So, it would read the amenities specific to the Village concept include a ramada slash open air clubhouse, sitting area, a dog park and water feature on a large common lot. We think that's a pretty straightforward way to deal with this. It allows us to move forward in a way that we think is appropriate to the market and we would appreciate your approval on that and happy to answer any questions in the meantime. Simison: Thank you, Mr. Clark. Council, any questions for the applicant? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor. Mr. Clark, I just wanted to make sure, since we are on video conferencing and sound is -- sometimes it's -- it's difficult, but I want to make sure to confirm with you that-- the clubhouse amenity is for the Village area only. I think you said it was and the other question I have is that there are no lots sold yet in the Village complex portion of this development. Is that right? Clark: Mr. -- Mr. Mayor, Council Member Hoaglun, you are correct on both and to just reemphasize, there are no lots sold in the Village area. We haven't -- we are not platted yet at this point. This is what -- the process we are going through now is preliminary to -- to taking any of those actions. Hoaglun: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Hethe, a couple of questions for you. I know you guys have done kind of similar projects like this over the valley. Do you have a ballpark about what the O&M is on -- on a clubhouse facility like this, what was originally proposed -- or was originally -- or still being proposed a year? Page 96 Meridian City Council Item#3. November 4,2020 Page 18 of 32 Clark: Mr. Mayor, Council Member Cavener, I don't have a specific number for you right now. That's something that I can -- I can certainly try to get for you. I mean it's certainly going to be significantly more to maintain -- you know, to power, maintain, take care of, HVAC systems, cleaning, you know, I -- so, this is a -- kind of a commonsensical approach to it, rather than a pro forma approach is the way I would put it. Cavener: Mr. Mayor, a follow up? Simison: Councilman Cavener. Cavener: Hethe, clearly, you know, there is -- there has been an increase of excitement or demand for dog parks in -- around Meridian and -- but I'm curious if you have had any conversations with the planning staff about building an amenity that's, again, from my perspective fairly close to a very similar public asset and what the decision was and why -- why a dog park versus another proposed amenity? Clark: Mr. Mayor, Council Member Cavener, so -- and that's a -- that's a fair point and definitely kind of thought that might be where your question was headed after we had talked to Alan about it. I would just say that this is a -- a gated community that, it's going to have a small clientele that are going to be living there, they are going to want to bring their small dog to this area and we are thinking a little more as a -- kind of -- exclusive isn't the right word, but something more along those lines for this neighborhood, you know. And, then, the other thing is that until -- until we get some of those sidewalks connected and things, you know, other -- you are looking at basically -- even though it's kitty corner you are probably going to be driving over there. So, this is one that allows people to walk to it within the community. Cavener: Okay. Simison: Council, any additional questions for the applicant at this time? Okay. Thank you very much. This is a public hearing. Mr. Clerk, do we have anyone signed up to testify on this item? Johnson: Mr. Mayor, no one was signed up in advance, but Annette Alonso was in the lobby, so I brought her in. Simison: Okay. Ms. Alonso, if you were wishing to testify, if you would like to unmute yourself and you will be recognized for three minutes. Alonso: Can you hear me? Simison: Yes, we can. Alonso: Okay. This is Annette Alonso. I'm at 2204 East Hyperdrive in Meridian, Idaho, and I'm representing the Southern Rim Coalition in this situation. I was heavily involved in the original debate over this development, as I do live in BlackRock, but I don't have a Page 97 Meridian City Council Item#3. November 4,2020 Page 19 of 32 lot of faith in this developer. There has been a lot of things change that have been said and unsaid and things done, so I'm kind of hesitant when they talk about doing something, because it always seems to be there is a DA at the end, so -- so, a couple things. You know, they talk about surveys, so were those surveys done on paper or were they done on the computer? Did somebody just call somebody? Are we talking about hearsay? Because, you know, I don't know what surveys they talk about, because I haven't seen anything like that. So, I would like to know what they are talking about as far as that's concerned. And when we are talking about the amenities, I kind of don't have an opinion whether they do a clubhouse or the outdoor park. I think the outdoor is kind of nice. This development in general is very very lacking of open space. There is one small -- maybe -- maybe a half an acre, maybe three-quarters of an acre that has a huge -- a huge irrigation pond on it and it's got a couple of benches and it's got a little pump house on it. That's the only open space there is in this development right now and there is no place for kids to kick a ball, because when Devco developed this there was a big talk about them-- how they were going to do the continuity of the hill and how the natural topography --well, they filled in thousands of yards of dirt and built this up to build these lots and even though the lots seem big, they are actually mostly like a 60 foot hill that drops straight down into Sky Mesa. So, you know, a lot of things have been done and I worry about what they tell us, because I don't necessarily know that it's true. I know they talked about deed restricting this to a 55 or older community, but when I read the documentation I'm not sure they are talking about doing that now. So, I just want to make sure and verify that they are planning on deed restricting. And if deed restricting, why are we putting private roads in here? I don't understand. This development is kind of tight to get in and out of anyway. There is really only one road in and one road out and, then, another one through BlackRock that's on a little windy kind of cul-de-sac kind of road down to Taconic. So, not putting the gated community in would make this a much easier subdivision to move around in as far as commuting is concerned. So, I don't really understand why the private gated. These are all estate lots up against estate lots. I don't know what the reasoning is between -- behind the gated community. So, I just kind of wanted to find out, make sure that's deed restricting and find out why exactly they want to do a gated community, because I think it kind of blocks a lot of pedestrian and road traffic and, then, as per the DA, I know they talked about the fact that that property has sold. I believe the Baumgartners are still living in that home and that house is still there and that house is always going to still be there, it's going to be part of Lavender Heights and it's going to stay. So, to remove all those restrictions that were going to be there for that home seems a little silly as the house is still there and Lavender Heights was platted with -- thinking that this is what was going to go and was going happen along that area that would be the east side of Lavender and the west side of this Village position. So, I wouldn't want to see those things that -- those restrictions released along that border, because I think it's nice. There is already-- I don't think there is quite a fence there yet, there is just a barbed wire fence, but I think the open fencing is nice, it just makes everything seem open and I don't understand why we want to change that at this point. So, anyway, those are my big questions. The other thing is I kind of feel like we don't have any parking in this little part of the development now. These houses are so close together, other than a driveway where are these people going to park? There is not even a place to park around the front where the open area is, where the common area is. Where are people going to put their Page 98 Meridian City Council Item#3. November 4,2020 Page 20 of 32 -- park their cars if they come to visit? So, those are kind of my questions. Would like the applicant to go over those for us. That would be great. Thank you. Simison: Thank you. Council, any questions? Okay. Thank you very much. Is there anybody else that would like to provide testimony on this application at this time? If there is anyone online that would like to do so, please, raise your hand, but I don't think we have anybody, except for those already in the room. Then I will invite the applicant to provide final comments. Clark: Thank you, Mr. Mayor. Hethe Clark. 251 East Front Street. Again representing BlackRock Homes and Conger Management Group. So, obviously, just one speaker to respond to. You know, I -- I always find it hard to have a good, useful conversation when people are talking about trust and these sorts of things, so I'm just going to focus on the facts and keep this as simple as I possibly can. So, when it comes to the surveys, where they come from, we -- this group works with a number of communities like this. Those surveys are in person and in writing. But what it really comes down to is what does the market look for and that's what we want to know, that's what we want to understand. We want to understand if people are happy with the community. We want to understand what people think they would prefer to see. That's where this comes from. So, the -- I think the point is is that we are trying to be responsive to the market with this change. The open space, we exceed the open space requirements. With regard to the deed restriction, the -- the -- what staff has proposed here is a condition of approval that this be an age restricted community. It's also included conditions of approval that deal with the height and the setbacks and we are in agreement with all of the changes that staff -- or, excuse me, the -- the height limitations and setback limitations that staff identified. I happen to be the attorney for the Lavender Heights project as well and I will just point out that, yes, the Baumgartner home is still there, but there are multiple homes in between these -- these two projects that are going to be constructed through the course of the Lavender Heights development. There are deed restrictions that have already been put in on both sides of the property with regard to the height and that -- that -- that's already been taken care of and what staff has done with including some of those setback restrictions just is belt and suspenders. With regard to the gated community comment, the original project here did not have a gated community. The gated community was a response to what neighbors wanted and so that-- that's -- that's a tough one for me to respond to, but that's -- the original submittal had -- did not have a gated community. That was a response to what the neighbors were looking for. Then with regard to parking, we exceed parking requirements and there will be parking -- additional parking -- parking allowed on street and we have shown parking in the -- around the amenities area as you can see here. So, we think that all those comments are addressed. Happy to answer any follow-up questions. Simison: Thank you. Council, any questions for the applicant? Borton: Mr. Mayor? Simison: Councilman Borton. Page 99 Meridian City Council Item#3. November 4,2020 Page 21 of 32 Borton: Hethe, you made reference that -- I think you had indicated you are part of the project directly to the west; is that right? Clark: Mr. Mayor, Council Member Borton, that's correct. That's Lavender Heights. Borton: Okay. Are you able to represent that project's position on removal of those conditions along the western boundary? There is several of them that would impact that adjacent property and they are not here directly to speak whether or not they would have an objection to them, but you might be able to comment on that, but -- Clark: Mr. Mayor, Council Member Borton, so the -- they have not indicated any opposition to that. I wouldn't want to say I'm putting words into anyone's mouth as -- but they are aware of what's going on here. So, I think I would just leave it at that. Again, those -- a lot of that's already been built on and both sides have those restrictions in place, in addition to the -- the development agreement requirements. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Okay. I might have miss -- misheard you before. The -- the property just to the west, those -- those lots have already been built on as part of that project; right? Clark: Mr. Mayor, Council Member Borton, not yet. No. I'm talking about the ones in East Ridge. Borton: Oh. Clark: A lot of East Ridge is built at this point. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Here is the question that would come up, Hethe, is if I said -- and the public comment referenced it -- if I had concern that the project directly to the west would have an understanding of how it was going to be built along that shared border with berming and setbacks and planned accordingly, how are we to know that this requested change isn't something that they would object to and have concerns with? Try putting you in the hot seat to see if you were able to -- to comment on their behalf, but if you -- if you can't that's a fair concern, a fair question. Clark: I think, Mr. Mayor, Council Member Borton, I would say it's pretty much like any other application, you know, that's -- there is an opportunity to speak. I know it's been posted. I know that there are ongoing conversations between the two principals that I'm not party to, but this is the -- I would see this like any other application in the sense that Page 100 Meridian City Council Item#3. November 4,2020 Page 22 of 32 there is an opportunity to speak or-- you know. Or forever hold your peace and so I think I would leave it at that. Borton: Okay. Thanks, Hethe. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I -- Mr. Clark, I guess I -- I would ask you a question. It's not often that someone gets put in the middle of the peanut butter and jelly sandwich here with these two developments, but do -- do you need time to get back to us to confirm that point to ensure that you don't have a conflict or a situation? I would hate for you to get thrown in the middle of something awkward if it's a simple matter of getting confirmation that the property to the west is on board. Clark: Mr. Mayor, Council Member Strader, no, I don't think so, because what we are doing is the -- the single level restriction is remaining at the areas adjacent to those properties. So, functionally, there is really no difference between what we are talking about here. I don't see this as a fundamental change for purposes of those properties to the west. You know, they are taking -- they are getting rid of the open area fence -- open air fencing, the wire fencing between the two, and -- and we are going to have single level matching up against single level. So, I -- I don't see that as being, you know, something that raises a significant concern there and, again, there have been multiple conversations between the property owners, the site's posted -- I appreciate your point certainly, Council Woman Strader, because I get the -- the peanut butter analogy. I think it's very apropos. But I don't -- I don't see that as being a -- an issue here. Strader: Thank you. Simison: Council, any further questions? Okay. Thank you very much. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I will ask one, actually. Hethe, if you are still there. So, amongst these changes it sounds like the 5.1.d with that clubhouse, are you able to comment on that individual item in relation to all the other requested changes, being if -- if 5.1.d was not changed and the clubhouse -- the amenities remain, is the entire request contingent upon that provision changing as well or would you still be seeking to make the changes in the DA that -- that staff has identified excluding this amenity change? Clark: Mr. Mayor, Council Member Borton, I'm not sure that I understand the question, but I will take a stab at it. I -- the way I would put this is that a lot of this is clean up. You know, it is trying to address some of the logistical concerns that have come up with regard Page 101 Meridian City Council Item#3. November 4,2020 Page 23 of 32 to the use of the common drives and -- and we -- eliminating that, you know, and allowing for a lot configuration that gives backyards. It's to try to take away some of the logistical headache of dealing with those common drives that was happening in the city. It's -- and, then, it's just cleaning up that amendment that really addressed concerns that really don't exist anymore and in large part have been overcome by events. So, yeah, I would say a lot of it is clean up from that perspective. The substantive item here is the clubhouse. We would like to see that changed. We think that that would be appropriate for that to be changed. We --we meet your code with the different amenities, other than the clubhouse. This is -- shouldn't be a question of, you know, which one do people want to see more, it's a question of what meets code and it certainly meets code as we proposed it. So, you know, from that perspective we think that it should be approved, but I -- I would say that all of the elements of this development agreement modification are worthy and we would want to just see all of it approved and if we can't get all of it, then, we would still want the remainder of it to be approved. Borton: Okay. Mr. Mayor? Simison: Councilman Borton. Borton: Just some -- some comment if we are -- we are pondering and considering. Hethe, I appreciate the -- the presentation. I will just tell you bluntly where I'm coming from. It -- I just have concern over that part and maybe it's credit to the prior -- the DA provisions and the request to put in the clubhouse, that it made great sense and it tied to the type of community this was intended to be and the age restricted and the single level and it's kind of compact and -- and folks socializing in this clubhouse facility. I recall it being a pretty integral part of it and I thought it was presented pretty well and made great sense to be part of this and that was not very long ago. So, I can't recall very many situations, if ever, where we pivoted on something like this in such a short time frame. So, I wrestle with that. And, then, wrestle with the COVID being some or all of the justification for the desire to not be in closed spaces and I'm not sure about that. I agree with staff, that's a short term issue we hope. Clark: Mr. Mayor, Council Member Borton, if I could respond to that. So, COVID is certainly one of the elements there. It's not the primary. You know, the primary is to try to respond to what we think the market wants and that we think a clubhouse is overkill for the -- for this type of a project, that would be saddling it with, like you said, long term financial obligations that would be we think inappropriate. The -- whether it was specific in the prior applications, I wasn't -- I didn't do the presentation, but I have reviewed the application materials. There is no elevations of the clubhouse. There is no design of a clubhouse. There is no dimensions of a clubhouse. It's shown on the -- on the landscape plan as a concept and, you know, I just wanted to point out that it -- a clubhouse is one of a handful of qualified site amenities in -- that include, you know, picnic areas, tables, benches and structures for shade. Very clearly qualifies as an -- as a -- as a site amenity here and I -- I just don't read the -- the prior application as being contingent on the clubhouse. It currently has a condition that speaks to the clubhouse, that's why we need Page 102 Meridian City Council Item#3. November 4,2020 Page 24 of 32 to modify it, but that's -- but I don't think that anything I have read suggests that that was the linchpin of the prior approvals. Borton: Okay. Well, I appreciate that. Part of just expressing some of the hesitation. Some of the comments and looking at the narrative page four of the DA mod, amenity update narrative from your application, is where it's coming from, at least the reference to the, quote, new COVID era. It just begged the question of-- if there wasn't COVID would the request still be coming and I only asked that because it was cited in your -- in part of the application. So, it seemed to be some -- at least portion of the reason for the request. If that's not the case I understand as well, so -- Clark: Mr. Mayor, Council Member Borton, I take your point and I'm not saying that it wasn't a portion of the request, but I'm -- I'm also hopeful that it is an era. I think -- if I'm getting on my own soapbox, I'm afraid we are going to have this kind of thing happen. We got lucky that we didn't have that happen for 50 years or a hundred years. I'm afraid it's going to happen again. That's just Hethe -- science by Hethe. But, again, the real issue we think is trying to be responsive to the market and so we are asking for the ability to be responsive to the market and that's what we see and that's what we are trying to do here. Simison: Council, any other thought provoking statements prior to closing the public hearing? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Are you saying that Councilman Borton's comments weren't thought provoking? Simison: No. I would say they were very thought provoking. Bernt: Okay. Mr. Mayor, all kidding aside -- Simison: Councilman Bernt. Bernt: I -- I remember this application when it first came to Planning and Zoning when I was a commissioner many moons ago. In fact, I remember even testimony from Ms. Alonso directed at me during that -- during that commission hearing. In regard -- there has been very few instances, I believe, in what we do when a project is presented and isn't well received and the developer goes back and completely re -- like completely redoes -- you know, re-designs the entire project and it went -- and it really made a lot of sense and I -- and this was one of those projects. Mr. Conger's original design had some issues and he worked with the neighbors to the -- to the west and to the north and -- and came up with this -- this application -- on this project and I thought it was phenomenal. I mean I think -- I think -- I thought it dotted all the I's and crossed all the T's. One of the cool aspects of this -- of this project -- and I believe it was even spoke about that evening Page 103 Meridian City Council Item#3. November 4,2020 Page 25 of 32 was the clubhouse. It was one of the amenities that made this project, you know, so appeal -- you know, so that a -- that it would appeal to so many people, knowing that across the street or at least up from the street there would be this -- this park and so I think I --just to be forthright and honest and clear in my comments, I believe that I support staff's recommendation and comments that have been made prior to mine and so that's where I stand this evening. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I will make a comment. I don't have the same history with this application and -- and so I respect my other Council Members opinions if they think that the clubhouse was like what cinched the deal, but just -- for me personally, just taking a step back, this is an equity risk and it's -- to me it's different than a tot lot where we feel like we have a population that doesn't have a voice and we need to make sure that those kids have a place to play. These grownups can decide if they want to buy one of these houses or rent one of these houses or not and if not having the clubhouse is a failure in the market, then, this developer will sure figure out how to go and build one I think. I'm not as concerned about the amenity package personally. I feel like that--that they should know their market and what amenities will appeal to the potential people -- residents who will move in and so I'm just not as -- I'm not as concerned about that personally. I do feel like Ms. Alonso has a lot of valid concerns about open space and things that we are looking at. It just feels like this is a multiple phase project that we are already very far into and I do think it's an improvement cleaning up the private drives and I just don't think we are going to tackle that here, but I do take her point on that. I'm in favor of most of the changes that are requested tonight. Hoaglun: Mr. Mayor? Clark: Mr. Mayor, if I might -- and I want to make sure that some of these concerns about the -- Simison: Mr. Clark, turn the time to Mr. Hoaglun, please. Councilman Hoaglun. Hoaglun: Thank you, Mr. Mayor. My comments will basically mirror Councilman Strader's remarks where we don't have, like her, the history of having dealt with this multiple times and hearing the testimony and different things. So, it comes to me in a different look and, you know, making sure that the clubhouse amenity is for the Village only. The fact that there have not been lots -- it hasn't been marketed with that clubhouse, that to me makes a -- makes a difference and as long as they are meeting the amenities -- qualified amenities for our community and they want to pivot from a clubhouse to these other amenities, if -- if -- if they think that's what's going to appeal and be able to sell these units, then, I -- I don't have an issue with that. It's a -- there hasn't been a promise made to someone that that's what they are going to do. They are going to offer something different and let the market decide if that's what they want or not. So, I'm less concerned Page 104 Meridian City Council Item#3. November 4,2020 Page 26 of 32 about that. I think Councilman Borton did bring up a good point, making sure that the issues to the west, was it, that -- are taken care of and I understand Mr. Clark's situation there, but-- and he makes a good point that if there was concern they needed to be here and voicing that concern. So, that's -- that's kind of my take on the situation right now. Simison: Councilman Cavener, I see you are unmuted. Cavener: Oh, sure. Mr. Mayor, thanks. Good -- good deliberation from the body tonight. I have to admit I kind of started in a spot very similar I think to Council Members Bernt and Borton. I remember this hearing. We had a lot of meetings I think about this particular project with a lot of good deliberation and if I recall I think one of the comments that was made from the applicant at the time about the clubhouse, as opposed to more open space, spoke to the park that's just right down the street, which is why I have struggled a little bit with the dog park. It's just maybe a personal preference where it's so close to an amenity and so much of what the testimony was when we last heard this. But the piece about the clubhouse -- while I know the applicant talked a little bit about, yeah, this has a little bit to do with COVID, frankly, I think that this is going to be something that we are going to see a lot of as a -- as a body. I think that the last year is going to change the habits of folks and we are going to see more people that are going to place a higher emphasis on outdoor community gathering, as opposed to indoor confined spaces, specifically in an age restricted type of environment. So, I have -- I have kind of evolved my thinking on this a little bit. Council Member Hoaglun hit the nail on the head. If -- if there had been any commitment or communication to the public about --the buying public about what this is going to be, I think that's a different conversation. Do I think there is a better amenity than a dog park? Yeah, I do, but I also trust that the applicant is going to put forth the most competitive amenity to meet their audience. They know their business better than I. If it falls within our amenities package I'm -- I'm supportive. So, I have -- I have changed on this. The other piece, too, that I think that it comes down to and -- and Council Member Strader touched on this a little bit. Obviously, anybody who buys or rents knows what they are -- what they are getting into. But I'm sure all of us have talked to some neighbor in some form or another that have complained or voiced concerns about the high cost of homeowners association dues and when you look at the cost to operate a large building, the O&M on that, that doesn't fall on the backs of the developer, that falls on the backs of our residents and the homebuyers. So, that's a piece that I'm concerned with as well. So, I think overall I'm supportive of the request and -- and would be supportive of it moving forward. Simison: Thank you. And while, you know, I -- I won't obviously be voting tonight, unless someone recuses themself. You know, I was going to play the Devil's advocate to what Council Woman Strader had said, it -- it's on both sides to your point. Anyone who goes and purchases a home in this area will know what their obligations are on the front end, as much as it is on the developer to determine that. It's -- you know, it is a completely market driven decision that, yes, could have unsettled costs, just like putting in a pool in your backyard, you know, you love it until you don't and many things. But those are market decisions. So, I don't have a big opinion about whether or not this should be changed or not. You know, there is no public here really testifying on these changes and Page 105 Meridian City Council Item#3. November 4,2020 Page 27 of 32 1 think that to me is always the bigger concern is to put something through at one point in time and come back and do a modification later. It's more perception to the public is my bigger issue if that exists in this case, but I assume everyone was notified properly and they had the opportunity to be here to testify and no one has chosen that decision at this point in time, so -- Council -- I know Mr. Clark was attempting to speak earlier. Do you feel you have the need to hear what he had to say? Would you like him to -- okay. Mr. Clark. Clark: Mr. Mayor, I'm -- I'm fine. I think it-- it got worked out through the --the deliberation. So, I will leave it at that. Thank you. Simison: Okay. So, Council, with that do I have a motion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we close the public hearing. Cavener: Second the motion, Mr. Mayor. Simison: I have a motion and a second to close the public hearing. Any discussion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: After considering all staff, applicant, and public testimony, I will move to approve file number H-2020-0096 to terminate DA addendum 2019-021791 and to approve DA number 2018-052339 with the conditions as presented in the staff report for today's hearing date with the change that we will allow -- instead of having a clubhouse as an amenity, that we will allow as presented by the applicant, ramada outdoor seating area, the dog park, and the water feature. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I will second the motion. Simison: I have a motion and a second. Is there any discussion on the motion? Bernt: Mr. Mayor? Page 106 Meridian City Council Item#3. November 4,2020 Page 28 of 32 Simison: Councilman Bernt. Bernt: I think I'm okay with that. Wondering if the Council would like to talk about real quickly maybe about the dog park and -- and maybe -- maybe opening that up to a third amendment -- amenity other than a dog park. Maybe something similar or something different or whatever. I -- I don't know. Maybe we are too late. You know, Council Woman Strader's already made her motion. But having a dog park -- a dog park right across the street -- I don't know. I might be the only one that cares. Simison: I would suggest a pickleball court, but I think we might have one of those right across the street as well. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: I think part of the conversation that Alan had, too, though, was the addendum requesting rescission. I didn't hear that as part of the motion. We wanted to resend the addendum that I believe was related to the western boundary changes, so -- Strader: Mr. Mayor? Nary: -- is that included in the motion? Simison: Council Woman Strader. Strader: I believe my motion included to terminate the DA addendum and to, then, amend the DA. Nary: Okay. Thank you. Simison: Did the second hear that when they seconded? Cavener: Yes. Simison: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. To Council Member Bernt's question, it's something through tonight's hearing I have wrestled with. If -- if not a dog park, then, what? And I haven't -- I haven't been able to draw a conclusion as to something that I think would maybe be a better mousetrap. I don't know if you have anything that you are wanting to suggest. I'm clearly open to the conversation, although I'm a little concerned, because Page 107 Meridian City Council Item#3. November 4,2020 Page 29 of 32 we closed the public hearing. We may want to reopen it up if it gains any traction to at least get some feedback from the applicant. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: You know, I'm in the open space amenities committee and one of the most popular amenities that we have is walking paths. Maybe like a connection to walking paths. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess I'm -- I'm not sure if -- if -- if we have the ability to do that. I would be open to that. I'm open minded. I just -- I guess I have heard what the applicant's willing to do. I kind of get it, like a dog park across from a dog park. I get that. I also think, though, maybe there is a convenience factor of why they have proposed a dog park. You know, maybe that's the reasoning. I just feel like we can't really solve the open space issue. In the past if we had an inadequate requirement now through amenities -- I'm just more tempted to approve as presented by the applicant personally. Unless you have something more specific -- Bernt: Mr. Mayor? Strader: -- personally, that's just my opinion. Simison: Councilman Bernt. Bernt: Maybe we just -- maybe we just -- just leave it as open space, you know. Maybe make a recommendation, hey, you know -- I don't know. the number two -- you know, the number two most popular amenity in the city in the -- on the open space committee that I'm on is just open space. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I will amend my motion to approve the dog park or if the applicant chooses open space, I would be okay with that as well. Cavener: Mr. Mayor? Simison: Yes, Mr. Second. Cavener: I guess a question for staff. If that qualifies as an amenity. Page 108 Meridian City Council Item#3. November 4,2020 Page 30 of 32 Tiefenbach: Typically open space has to be more than 20,000 square feet to qualify as an amenity. Cavener: Mr. Mayor, because of that I wouldn't agree to that. Simison: Second does not agree. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I will go back to my original motion then. Let's -- let's get it done. Cavener: Mr. Mayor, unless there is any other deliberation, I'm happy to call for the question. Simison: The question has been called. With that clerk will call the roll. Roll call: Bernt, nay; Borton, nay; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, absent. Simison: Motion passes. Three to two. And the item is agreed to. Thank you very much, Alan and applicant, for the information this evening. MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, next item is future meeting topics. Anything under that item? EXECUTIVE SESSION 27. [Amended Title] Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counter offer. 74-206(1)(a) To consider hiring a public officer, employee, staff member or individual agent, and 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Simison: If not, we will move on to Item 27, Executive Session. Bernt: Mr. Mayor? Simison: Councilman Bernt. Page 109 Meridian City Council Item#3. November 4,2020 Page 31 of 32 Bernt: I move that we go into Executive Session per Idaho Code 74-206A(1)(a). Simison: And -- Bernt: And 74-206(1)(f). Hoaglun: Mr. Mayor, second the motion. Simison: Motion and a second to go into Executive Session. Clerk will call the roll. Johnson: Mr. Mayor, I apologize. There were actually three Executive Sessions we did at the beginning. 74-206A(1)(a), 74-206(1)(a) and 74-206(1)(f). Make sure you had that correct. Bernt: So, let's add 74-206A(1)(a) to that motion. Hoaglun: Second agrees, Mr. Mayor. Simison: All right. We have a motion and a second. Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, absent. Simison: All ayes. We will adjourn into Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (7:30 p.m. to 8:18 p.m.) Simison: Council, do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we come out of Executive Session. Hoaglun: Mr. Mayor, second the motion. Simison: I have a motion and a second to come out of Executive Session. All those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bernt: Mr. Mayor? Page 110 Meridian City Council Item#3. November 4,2020 Page 32 of 32 Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Mr. Mayor, second the motion. Simison: I have a motion and a second to adjourn the meeting. 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 8:18 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 11 / 17 / 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 111 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 20, 2020 City Council Regular Meeting Page 4 Meridian City Council Item#2. October 20,2020 Page 26 of 26 MOTION CARRIED: FIVE AYES. ONE ABSENT. Bernt: I move we adjourn. Hoaglun: Second. Simison: Motion and second to adjourn. All those in favor say aye. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:02 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 11 / 04 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 30 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 22, 2020 City Council Joint Meeting with Ada County Highway District Page 31 Meridian City Council-Ada County Highway District Item#3. October 22,2020 Page 26 of 26 Hoaglun: Second. Simison: I have a motion and a second to adjourn the meeting. All those in favor signify by saying aye. Opposed nay. The ayes have it and we are adjourned. May: All right. Thank you very much. Have a great day, everyone. All right. Bye-bye. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 9:20 A.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 11 / 04 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 57 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Hill's Century Farm North No. 1 Water Main Easement No. 1 Page 58 ADA COUNTY RECORDER Phil McGrane 2020-151433 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 11/06/2020 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Hill's Century Farm North #1 Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 04 day of November 20 20 betweenBdghton Development Inc. ("Grantor'),and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main 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 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 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. 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 Water Main Easement Version 01/01/2020 page Item#4. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: BRIGHTON DEVELOPMEN Jonath n Wardle, President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 04/15/2023 (date) by ,Jonathan D.Wardle (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 Development Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) (stamp) AMANDA MCCURRY *Nry Signature COMMISSION#29528 My Commission Expires:04/15/2023 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES O411&2o23 Water Main Easement Version 01/01/2020 Page 60 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 11-04-2020 (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 61 Water Main Easement Version 01/01/2020 Item#4. 4M E N G I N E E R I N G October 14,2020 Hill's Century Farm North Subdivision No. 1 Project No.19-167 Legal Description City of Meridian Water Easement Exhibit A Parcels of land for a City of Meridian 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 393.77 feet; Thence leaving said northerly line,S00°44'38"W a distance of 63.00 feet to POINT OF BEGINNING 1. Thence S89°15'24"E a distance of 20.00 feet; Thence S00°44'36"W a distance of 39.16 feet; Thence S89'15'22"E a distance of 9.43 feet; Thence S00°44'38"W a distance of 20.00 feet; Thence N89°15'22"W a distance of 9.43 feet; Thence S00°44'36"W a distance of 109.62 feet; Thence S89°15'22"E a distance of 9.43 feet; Thence S00'44'38"W a distance of 20.00 feet to a point herein after referred to as Point"A"; Thence N89°15'22"W a distance of 29.43 feet; Thence N00°44'36"E a distance of 188.78 feet to POINT OF BEGINNING 1. Said parcel contains 4,153 square feet. TOGETHER WITH: Commencing at a point previously referred to as Point"A",thence S89°15'22"E a distance of 340.98 feet to POINT OF BEGINNING 2. Thence N00°44'38"E a distance of 20.00 feet; Thence S89°15'22"E a distance of 12.60 feet; Thence N00°44'38"E a distance of 109.62 feet; Thence N89°15'22"W a distance of 12.60 feet; Thence N00°44'38"E a distance of 20.00 feet; Thence S89°15'22"E a distance of 32.60 feet; Thence S00°44'38"W a distance of 75.42 feet; Thence S89°15'22"E a distance of 55.05 feet; Thence S00°32'08"W a distance of 20.00 feet; Thence N89°15'22"W a distance of 55.12 feet; Thence S00°4438"W a distance of 54.20 feet; Thence N89°15'22"W a distance of 32.60 feet to POINT OF BEGINNING 2. Said parcel contains 4,598 square feet. Page 62 9233 West State Street 9 Boise, Idaho 83714 • 208.639.6939 • kmengllp.com Item#4. Said description contains a total of 8,751 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. a a 12 a� OF 1�A . BAb�' /0 -N-wo Client Page 63 Project Name PAGE 12 Item#4. POINT OF COMMENCEMENT NW CORNER SECTION 33 FOUND ALUMINUM CAP E.Amity Road 17' 29 [28 BASIS OF BEARING 28 S89'15'22 Ems, 2660.62' _ _ - N 32 33 - - - 393.77' i 2266.85' 33 N 1/4 CORNER SECTION 33 ai >3 S00'44'38"W FOUND BRASS CAP Q 63.00' (TIE) i a cc 3 m 1 i S89'15'24"E a "' �20.00' = I N �Q S00'44'36"W P.O.B. 1 �39.16' r 15'22"E I S89 �F9.43' I S00'44'38"W o � I 20.00' � I 00 I iv N89'15'22"W �I Ito 3 w 1 I o 9.43' 1 i Proposed W Hill's Century Farm North a f I Subdivision No. 1 o h Z1 I � p N S89'15'22"E 1 I �9.43' w w I En S00'44'38"W 1 ��-20.00' Ld w - - • --------------S89'15'22"E---� cn 'W 340.98 (TIE) N89'1 5'22 � POINT "A" � 29.43' Z J O ' _ a 0 0 1 Q 3 � 0 0 a w LD 0 50 100 150 Y z Plan Scale: 1" = 50' a Z E E N G I N E E R I N G Y 9233 WEST STATE STREET BOISE,IDAHO 83714 PHONE(208)639-6939 Exhibit B x kmengllp.com Hill's Century Farm North Subdivision a DATE: October2020 o PROJECT: - 19-167 SHEET: City of Meridian Water Easement 1 OF 2 N 1/2 NW 1/4 Sec. 33, T3N., R1E., B.M., City of Meridian, Ada County, Idaho U Page 64 Item#4. o S89'15'22"E V32.60' N00'44 38'E Q- — — g 20.00' to 0 ° N89'15'2211W I 0 12.60' cq i M 0 i o S89'15'22"E 10 55.05 S00'32'08'W 00 �20.00' i S89'15'22"E o I �N89'15'22"W w l 12.60' Z I i 55.12' w U I N00'44'38"E �S00'44'38"W w w I 20.00'� 54.20' S89'15'22"E Z 1 340.98' (TIE) z I /N89'15'22'W P.O.B. 2 32.60' o S I Proposed Hill's Century Farm North Subdivision No. 1 N r m x x s W N Q Q U n QI ti G 0 z a Y C C1 3 0 f a w Z 0 0 50 100 150 Y Z Plan Scale: V =50' kin W Z w E N G I N E E R I N G 2 9233 WEST STATE STREET Y — BOISE,IDAHO 83714 E PHONE(208)639.6939 Exhibit B Y kmengllp.com Hill's Century Farm North Subdivision d DATE: October2020 a i? PROJECT: 19-167 SHEET: City of Meridian Water Easement 2 OF 2 N 1/2 NW 1/4 Sec. 33, T3N., 111E., B.M., City of Meridian, Ada County, Idaho i7 Page 65 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Millbrae Subdivision Water Main Easement No. 1 Page 66 ADA COUNTY RECORDER Phil McGrane 2020-151117 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/05/2020 12:13 PM Proiect Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE MILLBRAE SUBDIVISION Water Main Easement Number: 1 identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 4th day ofNovember 20 20 between Challenger Development Inc ("Grantor"),and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the water main 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 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 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. 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 Item#5. 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: STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on Ot*,9+ n (date) by r ( r k�✓► (name of individual), [complete the fallowing if signing in a representative clypacity, or strike the fallowing if signing in an individual capacity] on behalf of rLal - (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) `��1�1111111fIH���I/ Notary Signature _ \\�����'�RLI�KALr�s/���*��' My Commission Expires: MY COMMISSION ; ? EXPIRES 645.2022 ; 24, ��llllll i 1I1411111���� Water Main Easement Version 01/01/2020 Page 68 Item#5. 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 11-4-2020 (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 Water Main Easement Version 01/01/2020 Page 69 Item#5.' EXHIBIT A DESCRIPTION FOR MILLBRAE SUBDIVISION CITY OF MERIDIAN WATER EASEMENT A portion of the SE 1/4 of the SE 1/4 of Section 4, T.3N., RAW., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the SE corner of said Section 4 from which the S1/4 corner of said Section 4 bears North 89°17'17"West, 2,650.06 feet; thence along the South boundary line of said Section 4 North 89*1Tl7"West, 537.17 feet; thence leaving said South boundary line North 00037'45" East,48.00 feet to the REAL POINT OF BEGINNING; thence North 08010'09" East, 123.61 feet; thence 20.21 feet along the arc of a non-tangent curve to the left, said curve having a radius of 52.00 feet, a central angle of 22015'46"and a long chord which bears South 86°53'34" East, 20.08 feet; thence South 08'10'09"West, 122.76 feet; thence North 89°17'17"West, 20.17 feet to the REAL POINT OF BEGINNING. ENS�� 7729 0 Zo qd>:VIDAP�'_ G. Page 70 Item#5. W. QUAKER RIDGE ST. +I C1 f f z0.0'1 m I BLOCK 2 N� N Q N r- 1 6 f � o � b z 1� II O RPOB 1 21 Id in `� o N89'17'17"W Ini:aj20.17' 0 z: 1/4 S.4 �- - _ _ _ 2112.89' 537.17' _ +4S N89'17'17"W 2650.06' BASIS OF BEARING W. CHERRY LANE CURVE 'FABLE CURVE RADIUS LENGTH CHORD DIST. CHORD SRS. DELTA C1 52.00 20,21 20.08 S86'53'34"E 2215-46" G � O I 7729 �'��Il�jZoty ,ro OF GAY G.C P� 25 100 05 50 150 SCALE: 1" = 50' w1b—Sub e4WS C—, re) WAT A Fl.V d. 4 16 2020 11j,3 au EXHIBIT __ DRAWING FOR J9 NO, IDAHO MILLBRAE SUBDIVISION SHEET HEET N 8955 W.EMERALD ST. NO. SURVEY BCISE.IDAH033704 CITY OF MERIDIAN WATER LINE EASEMENT 1 GROUP LLLr LCCATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 4. T.3N,� R.1W., SOME IaERIDIAN, DWG. DATE 1 CITY OF MERIDIAN, ADA COUNTY. IDAHO Page 71 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Offisite Sanitary Sewer Easement No. 5 Page 72 Item#6. ADA COUNTY RECORDER Phil McGrane 2020-151116 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/05/2020 12:13 PM Project Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE Offsite Sewer Sanitary Sewer Easement Number: 5 Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this 4th day of NovembP20 20 between Tomlinson Family Trust ("Grantor"), and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience 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. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any pennanent structures, trees, brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV.01/01/2020 Item#6. 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: THOMAS W.TOMLINSON ADMINISTRATIVE TRUST UNDER THE TOMLINSON FAMILY TRUST 4/7/1982 1-1hor vi . umbull.Co-Trustee STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on !D o73 anaD (date) by David W. Turnbull (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 Tomlinson Family Trust (name of entity on behalf of whom record was executed), in the following representative capacity: Co-trustee (type of authority such as officer or trustee) (stamp) Notary Signature SHARI VAUGHAN My Commission Expires: Notary Public-State of Idaho Commission Number 20181002 My Commission Expires.fun 1, 2024 Sanitary Sewer Easement REV.01/01/2020 Page 74 Item#6. Mark W. Lindsay, Co-Tru e STATE OF IDAHO ) )SS COUNTY OF ADA ) This record was acknowledged before me on �-0 9 q)-Q (date) by I` ct k W . L ;lnjsm (name of individual), [complete the following if signing in a representative capacityo r strike the fallowing if signing in an individual capacity] on behalf of Tomlinson Family Trust (name of entity on behalf of whom record was executed), in the fallowing representative capacity: l_p �ru5 e.e— (type of authority such as officer or trustee) SHARI VAUGHAN Notary Public-State of Idaho Commission Number 20181002 NotarySignature My Commission Expires Jun 1,2024 My Commission Expires �3_ba Page 75 Item#6. 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 11-4-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV.01/01/2020 Page 76 Item#6. E N G I N E E R I N G September 23,2020 Project No.18-037 Tomlinson Family Trust Legal Description City of Meridian Sewer Easement Exhibit A A parcel of land for a sewer easement situated in a portion of the Southeast 1/4 of the Southeast 1/4 of Section 31,Township 3 North, Range 1 East, B.M.,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found brass cap marking the Southeast corner of said Section 31,which bears S89°42'21"E a distance of 1,320.00 feet from a found 5/8-inch rebar marking the Southwest corner of said Southeast 1/4 of the Southeast 1/4(East 1/16 corner),thence following the southerly line of said Southeast 1/4 of the Southeast 1/4, N89'42'21"W a distance of 670.00 feet to the POINT OF BEGINNING. Thence following said southerly line, N89°42'21"W a distance of 25.00 feet; Thence leaving said southerly line, N00°16'52"E a distance of 632.82 feet; Thence N44°42'44"W a distance of 16.38 feet; Thence N89'42'21"W a distance of 618.05 feet to the westerly line of said Southeast 1/4 of the Southeast 1/4; Thence following said westerly line, N00°07'49"W a distance of 25.00 feet; Thence leaving said westerly line,S89"42'21"E a distance of 654.81 feet; Thence S00°16'52"W a distance of 669.40 feet to the POINT OF BEGINNING. Said parcel contains a total of 0.747 acres(32,544 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. o� �o 2459 a 0 F 19 L. to C•2 . 9233 West State Street a Boise,Idaho 83714 208.639.6939 a kmengllp.com Page 77 Iten7$rE. S\ABALLARD\KMENGINEERING\KMGENERAL-REMOTEWOAK�PAOJECT\18-037\CAD�SUAVME%HIBITS\18-037PHASE3SEWEREASEMENTTOMLINSONFAMILYTRUSTS113141741DWG,AAA AM S1131438900 o� �L1 \ U1 z II \ 6 00 I I OD , 1 m ,o o (D z NI I AIL rn 3 > I I'" Z �� CAC p N 0 A C o M M "�iLn o -nw Y 10) pp .� N U!I I co m En m o L4 --�� 25.00' N ma o -� n rN C7 I I 0 � w �r`i N00'16'S2"E 632.82' rp Q� — ----------- — W `S00'16'52"W 669.40' —— P m GI UI ,Q� z No 0 0 G� z a o o n q CC) m Gs z z o_ V z O O --I O LA O n O �[ _ C 40 O rr*1 m 0c�rZi zZM ��Fi S. Locust Grove Rd. 0 200 400 600 Plan Scale: 1"=200' z m Exhibit B =mwa r71 q �_Qm z �� City of Meridian Sewer Easement 3mmN N- Z O vwonm T ��yp SE 1/4 of the SE 1/4 of Section 31, T3N., 131E., B.M. Q w s City of Meridian, Ada County, Idaho v 4 Page 78 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Edington Commons No. 1 (FP-2020-0005) by Conger Group, Generally Located on the East Side of N. Linder Rd., North of W. Ustick Rd. Page 79 Item#7. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: November 4, 2020 Topic: Final Plat for Edington Commons No. 1 (FP-2020-0005) by Conger Group, Generally Located on the East Side of N. Linder Rd., North of W. Ustick Rd. Information Resources: Click Here for Application Materials Page 80 Item#7. STAFF REPORT E COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/4/2020 Legend DATE: 0 ProjEot L<=-ior TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2020-0005 Edington Commons No. 1 LOCATION: East side of N. Linder Rd.,north of W. Ustick Rd., in the SW 1/4 of Section 36, Township 4N.,Range 1 W. I. PROJECT DESCRIPTION Final plat consisting of 45 buildable lots and 9 common lots on 7.73 acres of land in the R-15 zoning district. II. APPLICANT INFORMATION A. Applicant: Laren Bailey, Conger Group—4824 W. Fairview Ave.,Boise ID 83706 B. Owner: C4 Land,LLC—4824 W. Fairview Ave.,Boise,ID 83706 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0109)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of buildable lots has decreased by one (1) and the amount of common open space area is essentially the Page 1 Page 81 Item#7. same. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. Page 82 V. EXHIBITS A. Preliminary Plat(dated: 1/8/2020) 7 Z -ME-- 1+ T 41- -. FA 7� EDIN ON PLACE SUBDIVISION c-W WORK ]BIG N.UNDEP PDAD,MEPMAN,LD PRELIMINARY PIAT Page 3 B. Final Plat(dated: 10/27/20) EDINGTON COMMONS SURDIVISION A POR77CIN OF LAND LOCATED IN THE SWW4 SWI14 OF=OtJ 36, T�4 N-,R.I W,&M, OF KERMIAN,ADA COUNTY,IDAHO 2020 ki L _jI I-j I W N I-I I W-I w 0 A/ H L 21-1 d Z 7 1,A j I I V. F� �j �A 1 g., qM j I.. .-- - 2=&WASWIVISTON AVE. tit EMMEIT,ID 0617 FAX E I 7- 71=,I-- 7- C. Landscape Plan(dated: 8/14/2020) & Site Amenities P6 r 17 =-.F "I �T W IT F— F Al %h I,.—pod�7 L Lip E101'.aT' FL CE 3�zR. .91 r. U CM MCA121 M�IA-.1 E F1'--L FIL.'%Y LA4,U8G-F5 FL — Page 5 EEI aw �A, G WA 07, .......... T I .0. 1-7 .4 was T.df 403 . ......... EDIN5T��-% KAME SUR Nml r7 C.-j.LI�M AC kC, AMP,.C h, RsAL FLAT LAC83AFS FLAP; PLAKT 5rHr-PLJL� YWI H- H- :1 1:1 "N 11 'APA: lll� MAL H.". H. VINTL PRIM�r--`FFH'-F N", 1P. 1.:1:1 41.1,V A Z I Y I 1 11 IN i I V i;I i;, 111W .—mm Ill 1 :5 IL .1 IL Q LU L Ill: jlI.1 i. 11:141 11: M. 11.1 NV. Ili:I Mll N 1:1.11 .11.11M AV, V.1ii i..H.All:Id,11 i w 1-11 1, —w TL, . j < T: Y HIU. 'V'-" -j Q�M"P-1�NTIN& PA P .!UP: I( A �:I� A :::::!".1": " ". , . . -j IL -Ili.T.H Y dll Ill. hilldli: V",Y I MV VIII,HHH.., _j 'Z -4 9MM 0) LL IMIL: I I w �-ANnSeSAPZ CA��A710NS 11 11111. 1[BED EDOE LAND50AFIE EOU-VER5 IWIll"ll 11:� All.t.IN All'll P.Vl,V.ili: L3 Pagc 7 PROJECT AMENMES AS the creveloper we have-researched and intm6med past homecrwirters as wel I as followed the thy ox-dmances to plan the mo-st PF13dLlCfiW amenbas for this nathborhood- As t-V:pkaJ of our de%6eJo pments.the amenifies paikage exreeds the requirement 431F Meridian City DL-velupni-ent Oade,wNch requires that t-M application have one ame rhitv for projects-up to 2 0 acres-we are proposing four additiona.1 ameni;ties for a rcA31 of f_rwe End Liding a neighborhood pa A Mth a play structure,clirn bing rocks,dirn bing dome,siving set and seating areas.Please refer W the renderings and a-dEtailed list of 3 menities below- Proposed AMe r4ities: Large Half-Arre PaA-The half-acre-park will io ntaiia the followiN recrea-lo r,-.ac.:i-.les Play RFUMre elim bi ng Durne. Swing Set -IAII-MaX -Clim bi ng Rocks sitting mriches Open Play Lawn At7tra-Etiwe La ndfxap'.ng Pedestrian Pathw3ys Crm) 7 "J.F."P.A- -1- 2 4'BLAfl::IRON dL =I L Rib Ulm Item#7. D. Common Driveway Exhibits N I � r-� 12.00' REAR I = 5 r SETBACK I $ o }LOT 7 TAKES ACCESS F } FROM WINDSWEPT DR. &LOCK 1 f DRIVEWAY LOCATED ON } EAST SIDE OF LOT. 2 I 4 } 2a.00' FRONT I SETBACK i ❑ a 0 0I 7 }} W ZERO SETBACK I 1 = f LOT LINE 3 I S BUFFER L9cp Z 20.Da' COMMON I f ————4 DRIVE I — J I _J p' t — — W WINDSWEPT DR EDINGTON COMMONS SUBDIVISION NO- 1 COMMON DRIVE D(F]IBIT-LOTS 3-7 BLOCK 1 Page 9 Page 89 Lo-r 17 TAKE� 'ESS Mom WHDSwr-�CA. ERNEWAY LOCATM ON W= OF Lm LSCF R 37 19 2G-00, COMMON w 20 ZERO SETIIAQ K LOT LINE Alt CL LOT 21 TAKES ACCESS P�W 14TH AVE. 2 URNEWAY LOCATED ON SoLTH WE OF LOT. ——————————- 22 3t EDINGTGN CGMMONS SUBDIVISION NO- I . . . COMMON E)RFVE EXHIST-LDT T,7-21 BLOCK I SCALE 1. 3c. r————--L I------ ------ ZERO SETBACK LOT LINE _rry ZERO SET&Ck &ASEMENT I LOT LNE 6 5 4 3 2 0 LOT 2 TAKES ACCESS S-W SIDE FROM WOODCHEST ST. DRIVEWAY LOCATED ON SFrBACK TYP EAST SIDE OF LOT. L ————-- W WOODCH-EST ST (L U)l d IAKES ACCESS FROM 15TH AVE. ORIVEWAY LOCATED ON b SOLFI­H SIDE OF LOT. 2 ZE]RO SETWK LOT UNE 7 ———————————-- EDINGTON COMMONS SUBDIVISION NO- 1 1 a is 30 ' 2226iii�" COMMON[)RIVE EXHIBIT-LOTS 2-8 BLOCK 2 SULE I'-30' Page I I E. Emergency Fire Access Plan Li Ix �jj vp�v.,.,-� -'M + 1N7E,-ET-DY D�.L —61 ......................... E�- I .... ...................................................... ........... --it -� r-... . ................................ ............... ................ . ............ ------ ..... ........................... . ........................... .. ....................... ..... ............................. ................... ... ............... ................. .................................. ............................................................................. MIE T ...................... .................................................................. ........................ ................. ......... ........................... ...................I.................................... -V I I Is, *I W-WOODCH EST STREET PLAN AND PROFILE NW-15TH AVENUE PLAN AND PRORIE W-WOOMNE ST PLAN AND PROFILE WIL I D-w To IA+co BTA 13,10 To 17+oa sTA I D-wTo I I+w C4.1 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2020-044056) and preliminary plat(H-2019-0109)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 Council's approval of the preliminary plat(by March 10,2022);or apply for a time extension, in accord with UDC I I-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 Sawtooth Land Surveying, stamped by Kevin M. Borah, dated: 10/27/2020,included in Section V.B shall be revised as follows: a. Note#7: Include the recorded instrument number of the ACHD license agreement. b. Note#8: Include the recorded instrument number for irrigation water from Meridian Project. c. Note#10: Include the correct recorded instrument for the Development Agreement(#2020- Q44056). d. Note#14: Include the recorded date and instrument number of the ACHD storm water drainage easement and graphically depict the locations of the easement on the plat. e. Note#15: Include the recorded instrument number of the ACHD sidewalk easement. f. Legend: Include the recorded instrument number of the Coleman Lateral easement. g. Legend: Include the recorded instrument number of the ACHD slope easement. h. A minimum 15-foot wide common lot shall be provided between Lots 17 and 18,Block 1 for a micropath in accord with preliminary plat condition#2b; or,the area may be included in Lot 18,Block 1.Note:A minimum 5-foot wide landscape strip is required on each side of the pathway in accord with the standards listed in UDC 11-3B-12C. i. Surveyor's Narrative: Delete portions of note pertaining to a gap from the monuments between the Fuller Ranchette's and Dunwoody Subdivision as it's not applicable. A copy of the revisedplat shall be submittedfor City Engineer signature. 5. The landscape plan prepared by Jensen Belts Assoc., dated 08/14/2020, included in Section V.C, shall be revised as follows: a. A minimum 15-foot wide common lot shall be provided between Lots 17 and 18,Block 1 for a micropath and landscaping in accord with preliminary plat condition#2b; or,the area may be included in Lot 18,Block 1.A minimum 5-foot wide landscape strip is required on each side of the pathway landscaped per the standards listed in UDC 11-313-1 2C which requires a mix of trees, shrubs and/or other vegetative groundcover. b. Depict the 40-foot wide irrigation easement for the Coleman Lateral consistent with the plat; the I 0-foot wide multi-use pathway with 5-foot wide landscape strips on each side of the pathway shall be located outside of the Irrigation District's easement. Depict landscaping along the pathway in accord with the standards listed in UDC I I-3B-I 2C,which requires a mix of trees, shrubs and/or other vegetative groundcover. Page 13 c. Include the linear feet of parkways and required&provided trees in the calculations table on Sheet L3 of the landscape plan that demonstrate compliance with the standards listed in UDC 11-313-7C. d. Include the linear feet of pathways and required&provided number of trees in the calculations table on Sheet L3 that demonstrate compliance with the standards listed in UDC 11-313-12C. e. Depict mitigation trees and calculations on the plan in accord with the standards listed in UDC 11-3B-1 OC.5. Coordinate with Matt Perkins, the City Arborist, to determine mitigation requirements prior to removal of any treesfrom the site. f. If the unimproved right-of-way of N. Linder Rd. 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 11-313-7C.5. A license agreement for improvements within the right-of-way is required between the property owner and ACHD. g. The Coleman Lateral shall be piped as proposed by the Applicant with the preliminary plat; remove the depiction of the open waterway from the plan per preliminary plat condition 43e. 6. Construction of the common driveways on Lots 6 and 18,Block 1 and Lot 7,Block 2 shall comply with the standards listed in UDC I I-6C-3 D. The lots accessed via the common driveways shall have setbacks consistent with that shown on the exhibits in Section V.D. 7. All single-family attached structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted and approved for all attached dwellings prior to submittal of building permit applications. 8. All homes along the west perimeter boundary of the development adjacent to N. Linder Rd. (i.e. Lots 3-5,Block 1 and Lots 6 and 8-15,Block 2) and on Lots 19-24,Block I shall be restricted to a single-story in height per the Development Agreement. 9. Provide address sipage at the entrance to the common driveways on Lots 6 and 18,Block I and Lot 7,Block 2 at the public street for homes accessed by the common driveways for emergency wayfinding purposes; and sip the common driveway with"No Parking—Fire Lane" sips as set forth in IFC D103.6 Signs. 10. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement should be submitted to the Planning Division prior to signature on the final plat by the City Engineer; or a note stating such may be included on the plat. 11. 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. 12. All fencing shall comply with the standards of UDC I I-3A-7C. 13. Emergency access shall be provided in accord with the emergency fire access plan shown in Section V.E. 14. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division as required by the Park's Department prior to signature on the final plat(s)by the City Engineer for the multi-use pathway along the Coleman Lateral. 15. Parking is restricted to only the south side of the 27-foot wide street section(i.e. W. Windswept Dr.); signage shall be installed prohibiting parking on the north side of the street to ensure emergency access can be provided. 16. No building permits shall be issued for residential homes within the development prior to January 1,2021. 17. All single-family attached structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted and approved for all attached dwellings prior to submittal of building permit applications. 18. 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: I. Type I Streetlights,35'in height with a 12'mast ann are required every 200'on N. Linder Road. There is streetlighting conduit along the frontage on Linder. If there are conflicts with overhead power 3 0'davit poles may be utilized. Applicant shall provide a revised street lighting plan to include the Linder Road ftontage per Public Works General Condition#25. 2. The angles between the in and out piping at Sanitary Sewer MH A-1 needs to be 90 degrees minimum. 3. The Clean-Out for lot 19 needs to be located outside of ROW. 4. From the preliminary geotechnical investigation of groundwater elevation provided in the Preliminary Plat application, it appears that shallow groundwater may be 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. The geotechnical investigation also indicates some very specific construction considerations due to some existing fat clay soils and organic materials encountered on the site. The applicant shall be responsible for the strict adherence of these recommendations to help ensure that structural footings bear on competent,undisturbed,native silty clay with sand soils, or structural fill, and that groundwater does not become a problem within crawlspaces of homes. General Conditions: 5. 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. 6. 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. 7. 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. Page 15 8. 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. 9. 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. 10. 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. 11. 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. 12. 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 11-5 C-3 C. 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. 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. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. All grading of the site shall be performed in conformance with MCC I I-1-4B. 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. 19. 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. 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 1. 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. 22. 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. 23. 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. 24. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Enviromnental Protection Agency. 25. 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. 26. 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. 27. 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. 28. 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 17 7/tem#8.77 E AHO AGENDA ITEM ITEM TOPIC: Final Plat for Movado No. 9 (H-2020-0006) by DevCo, LLC, Located Approximately Y4 Mile South of E. Overland Rd. on the West Side of S. Cloverdale Rd. FPage 98 I , C� PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: November 3, 2020 Topic: Final Plat for Movado No. 9 (H-2020-0006) by DevCo, LLC, Located Approximately 1/4 Mile South of E. Overland Rd. on the West Side of S. Cloverdale Rd. Information Resources: Click Here for Application Materials STAFF REPORT El� COMMUNITY DEVELOPMENT DEPARTMENT DATE: 11/4/2020 Legend 0 TO: Mayor&City Council Project Location FROM: Joseph Dodson,Associate Planner 208-884-5533 SUBJECT: FP-2020-0006 Movado No. 9 Thu PROPERTY LOCATION: The site is located approximately 1/4mile south of E. Overland Rd. on the west side of S. Cloverdale Rd.,in the E 1/2 of Section 21, Township 3N.,Range 1E.. 1. PROJECT DESCRIPTION A final plat consisting of thirty-four(34)building lots, six(6) common lots,and one(1) common drive on 7.47 acres of land in the R-15 zoning district. This is the ninth andfinalphase of development of the Movado Estates Subdivision (H-2016-0112). 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 7.47 Future Land Use Designation MDR(Medium-Density Residential) Existing Land Use Vacant Proposed Land Use(s) Single-family residential(SFR) Current Zoning R-15 Lots(#and type;bldg/common) 34 SFR,6 Common, 1 common drive Density(gross&net) 4.55 Gross, 10.9 Net Open Space(acres,total 3.21 acres(43%specific to this phase) buffer/qualified) Amenities Walking Pathways;other amenities built with previous phases. Physical Features(waterways, Ridenbaugh Canal runs along the north boundary;Eightmile hazards,flood plain,hillside) Creek runs along the entire south boundary of this phase. History(previous approvals) H-2016-0112(annexation,preliminary plat and alternative compliance);Development Agreement Instrument#2017- 012608 and#2017-024757. Page 1 B. Project Area Maps luture Land Use Map Aerial Map Legend 0 Legend aProjecf Location aProjecf Location ..... .... . 2R� e lu CIVI L Zoning Map Planned Development Map —RU end Legend Project Location Project Location City Limb RUT R4A PIcnred PorceL� -2 A A R- R-141 OT R_1 R-1 111. APPLICANT INFORMATION A. Applicant DevCo, LLC B. Owner: Same as Applicant C. Representative: Sophia Durham, Conger Development—4824 W. Fairview Ave., Boise, ID 83706 Page 2 IV. STAFF ANALYSIS The proposed final plat consists of 34 building lots, six (6) common lots, and one (1) common drive in the R-15 zoning district. The minimum lot size proposed is 3,200 square feet with an average lot size of approximately 3,9 10 square feet. Because the number of building lots and the amount of common open space is the same as the approved preliminary plat, staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat as required by UDC I 1-6B-3C.2. This is the final phase of development of the Movado Subdivision (H-2016-0112). V. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section V11 of this report. Page 3 VI. EXHIBITS A. Preliminary Plat C2 011d'SNOI.LVAONNI 11A13 NOISIMoons ou"ow --------------- 5 ga A� a 0;- -:101,N11'1� r I cc El 1 2, C) K, '0� �,=3737 COD CD U L C= qp IL F Page 4 B. Final Plat (dated: September 16, 2020) T-H A iifj L MW4 �"���,"0� I �-.N --t � Hui HMO H 0i OMM i N n �j'�"p 9 NO � �U, 7 -fi q, 03 �w g w in q� G P. Page 5 ,'.o A\1 /01 ---—------ Page 6 C. Landscape Plan(dated: April 20, 2020) �A 'Rr 14�I; E ;1V �,,�iz hi u fif 0 MOVADO SUBDIVISION NO. 9 MERIDIAN, ID Brit FINAL PLAT LANDSCAPE PLAN Page 7 j N Z- 0 ru n Im MOVADO SUBDIVISION NO. 9 MERIDIAN, ID FINAL PLAT LANDSCAPE PLAN Page 8 INV, FLANT SC-r:VJL�- -1-AK V 5-v FRI-cy-E MY --N 7 7 L3 Page 9 D. Common Drive Exhibit 36 LOT 36 TAKES ACCESS FROM DERD PLACE- ORNE"Y LOCATED 37 SOLITHWEST SIDE OF L 29 38 39 BLOCK I I d> 40 \> 41 42 EG------------- Er, ED ry q) MOVADO SUBDIVISION NO. 9 a COMMON 1)RIVE EXHI BIT-LOTS 3 8-4 2 BLOC K 11 V It.PLANNING AND PUBLIC WORKS COMMENTS & CONDITIONS I. The applicant is to meet all terms of the approved annexation and preliminary plat(H-2016-0112) and development agreement(Instrument#2017-012608 &2017-024757) for this development. 2. The applicant has two years from September 30,2022,the date of signature on the most recently signed final plat phase (Movado No. 7),to obtain the City Engineer's signature on this 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. Prior to signature on the final plat by the City Engineer,the final plat prepared by Sawtooth Land Surveying,LLC (Exhibit B), dated September 16,2020, shall be revised as follows: a. Add a note stating"This subdivision is subject to the provisions contained in City of Meridian Development Agreements Inst. #2017-012608 &2017-024757. b. Note#15: Include recorded access easement instrument number. c. Add a common lot at least 25-feet wide along Cloverdale Road to contain the required landscape buffer. Page 10 5. Prior to signature on the final plat by the City Engineer,the landscape plan prepared by Jensen Belts Associates (Exhibit C), dated April 20,2020, shall be revised as follows: a. Revise the common open space lot layout of Lots 43 &44,Block 11 to match the lot layout on the submitted Final Plat and include a common lot for the required landscape buffer along Cloverdale Road. b. Show the required 25-foot landscape buffer along Cloverdale Road vegetated per the standards in UDC 11-3 B-7. c. Revise the fencing shown along the Ridenbaugh Canal to depict 5-foot open vision fencing as approved with the preliminary plat and as required in UDC 11-3A-7. d. Show the proposed amenity in Lot 43, Block 11 to be more consistent with the landscape plan approved with the preliminary plat application and per the approved Development Agreement provisions, and provide an electronic copy of exhibits of the required outdoor fitness equipment as approved with the preliminary plat application to Planning Staff. 6. The Applicant shall vegetate the common open space lot along the Eightmile Creek, shown as Lot 43,Block 11,per the approved landscape plans of the preliminary plat with natural seeding. 7. The applicant shall comply with the submitted home elevations within the approved preliminary plat(H-2016-0112). 8. All fencing shall be installed in accordance with UDC 11-3A-7. 9. Stormwater integration facilities shall comply with the standards listed in UDC 11-3B-1 IC. 10. 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 for more information. 11. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 12. Prior to the issuance of a building permit,the final plat shall be recorded. 13. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 14. The applicant shall maintain surface water delivery to the adjacent properties and participate in the maintenance of the drainage ditches within and near the boundaries of the Movado Subdivision in accord with the recorded development agreement. 15. Avoid sanitary sewer service lines going through seepage beds whenever possible.Adjust seepage beds,or service lines so they are not going through a seepage bed. There are multiple areas where the infiltration trenches can be relocated to eliminate these crossing. Applicant to reconfigure infiltration trenches to eliminate or minimize crossing. 16. The eastern boarder of the development is Meridian's City limit. Therefore,the sewer should dead end at a manhole at the eastern boundary. 17. All sewer manholes must have at a minimum, a 14-foot wide compacted gravel maintenance road to them that meets the City standards. This includes areas where future roads will be installed. There are multiple areas where a"14'MNT Road"is called out in the development plans.However, the design of the Maintenance Road is not shown in plans. The MNT road should at a minimum meet the City standard for access roads. Page I I 18. A Floodplain Development Permit has been issued for this development.Houses constructed within this development will require individual floodplain permits 19. The developer shall comply with the best practice standards approved with the recorded development agreement as follows: • Continue groundwater monitoring of the site through at least next irrigation season to more accurately gauge peak levels and confirm current estimates. The soils report and groundwater monitoring are to be referred to and documented in the construction documents as each phase is designed.Particular attention is to be paid to finished lot grades in relation to estimated ground water levels. • Construction drawings with each development phase shall include a master grading plan addressing drainage within each block and the drainage patterns on each lot. The plans shall also include: a.Finished grades for all roads,back of curbs at lots,rear lot line swales,side lot line swales where appropriate; b. Lot existing grade prior to grading operations; c. Lot finished grade to be achieved following grading operations; d. Minimum and Maximum top of foundation wall elevations for each lot; e. Reference to the soils reports and recommendations provided by the soils consultant; f. Reference to the "Recommendations for Homebuilders" memo provided by the soils consultant; and g. The homebuilder to comply with required top of foundation elevations or submit an engineered site grading plan certifying compliance with grading plan. VII. GENERAL REQUIREMENTS 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 LTDC 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 I 10%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 Page 12 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 11-5 C-3 C. 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-I-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 6-5 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 Page 13 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 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 tiled per UDC 11-3A-6. hi performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 14 7/tem#9.77 E AHO AGENDA ITEM ITEM TOPIC: Final Plat for Quartet Northeast No. 1 (FP-2020-0003) by Kody Daffer of Brighton Development, Located on the East Side of N. Black Cat Rd., XMile South of W. McMillan Rd. Fage 114 C� fIEN . L �1,, PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: November 4, 2020 Topic: Final Plat for Quartet Northeast No. 1 (FP-2020-0003) by Kody Daffer of Brighton Development, Located on the East Side of N. Black Cat Rd., 1/4 Mile South of W. McMillan Rd. Information Resources: Click Here for Application Materials STAFF REPORT El� COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/4/2020 Legend DATE: Iff Ppc��ecl Lc=tor TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2020-0003 Quartet Northeast No. I L LOCATION: East side of N. Black Cat Rd., 1/4mile south of W. McMillan Rd.,in the NW 1/4 of Section 34,Township 4N.,Range 1W. 1. PROJECT DESCRIPTION Final plat consisting of 72 buildable lots& I I common lots on 26.4 acres of land in the R-4 zoning district. 11. APPLICANT INFORMATION A. Applicant: Kody Daffer,Brighton Development—2929 W.Navigator Rd.,Meridian, ID 83642 B. Owner: Brighton Development, Inc.—2929 W.Navigator Rd.,Meridian, ID 83642 C. Representative: Same as Applicant 111. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-0017)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of buildable lots in Block 3 has decreased by one(1)and the common open space is substantially the Page 1 same. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 1/31/2020) QUARTET NORTHEAST SU BDIVIISION PRELIMINARY PLAT A PARCIEL OF LA140 SITUATI10 IN THF SOUTH 212 OF IMF NORTHWEST 1J4 or SfrTION M, TCA"SHIP 4 NORTH,RAWGE I WEST,C17Y OF MERIDIAN,ADA-COUNrY.IDAHO j A I-. 0 8 Ll L C,L1ARTETNCMTHEA-5TSU DIV?SION %-.�Q 414— LT= ppld) B. Final Plat(dated: 9/10/20) PLA?CF NoRrwmr SUMYIYON po 1 —W III I hl—t-11511 -04-bLbid I-Mr. WUJM it ma w w w m LEI PW.PiT-DN MRPnMTWH UM-kffim WOF _h3 T-r�---MW f r Z:= *F m AL Page 3 'qArOF QUARTET NORTHEAW RJEUIV15ION No.I I Lj �- Mmv lil MR 2L PWE FJ �J4 ip 0 5b 47J a Ar it gr� W 9 EME.E: w,=:m-m S mn,L,?M­ljrv�M -Tw�m �_;—E�—m —I.tmkm W W. 1. —-IN m— tx — — —­ , — f tw pw A I E mz :-HIENR®R L PLAT(I QUARTET NORTHEAST SUBDIVISION No.I IT T,� A MI -9 s�—F%R 3 M_— S�Wr ma&-- =z R. M.—2 W 2.—..jmW V-11 Mv— m I Zk.64% �Wz.­P.M VQ�w ZT a%ZZLo Tj 7:7, Z"= gwu T WN q.m "N's BRiGHT04URPORATION C. Landscape Plan(dated: 09/3/2020) iwi j I r xa.im— R,4 —4 9 9-NO mi jm- PPrq AMwr 2tftt��71 TT -------!7E TV-v- .21 .1 Fr P �Tl Im =Tie. gn El L --- --------- --------- 7 7' '3 MV !I?xw=awff EO Page 5 E�l Z7 7-7� ILI" um mw E MAN W__9a7_v__r Ian low----p IRU EEI D. Common Driveway Exhibits LM.111 N.4 KH-lu6a%mz L"WN A rpWr DWKW RIM V, rolo=""r brF rap WON I.c k� K VYWIMI 6� Z-"Mff.S PC r LW + LPI t r OR410-QM&11 Ka-14111 L. WI 4 OMA I[ ..........7- LCM M-ZL BL=3 F him L6 AYM L11 I MA(z is it ��Ww MOM ZaAM bW1&WIM LM 'M jy=-r.- E.OFID4 �A I C.Caff O&W 6 LGF ID M A FAW.ftwME-1 ��A�a ! Ise z -=.D�Z��Wffl M 1. M I.T5 bw I IL J -.Jlff ro!,,r Blci.�rM LM 15 am�I 1.G&Ukllb M IA 51 MO 0, g*�- r k --K j F— 'll km �Kl _j F -4'1 1OWD E):2.0 J —rM M 11 WIN I-a OL A!,M W .dig W Page 7 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2020-XXX)and preliminary plat(H-2020-0017)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 Council's approval of the preliminary 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 KM Engineering, stamped by Aaron Ballard, dated: 9/10/2020, included in Section V.B shall be revised as follows: a. Note#13: Include the recorded instrument number of the ACHD landscape license agreement. b. Note#14: Include the recorded instrument number of the ACHD public right-of-way easement. c. Note#18: Include N. Torbin Way. d. Note#19: Exclude Lot 6,Block 3 from being servient to and containing the ACHD stormwater drainage system; or, graphically depict the easement location on the lot(it's not currently shown). e. Include the recorded instrument number of the ACHD permanent easement on Sheet 3. f. Depict a lot number on Lot 7,Block 3 on Sheet 1. A copy of the revisedplat shall be submittedfor City Engineer signature. 5. The landscape plan prepared by KM Engineering, dated 09/3/2020, included in Section V.C, shall be revised as follows: a. 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 1-313-1 OC.5. Mitigation information shall be included in the calculations table on the plan if applicable. b. 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 I-313-7C.5. A license agreement for improvements within the right-of-way is required between the property owner and ACHD. c. Depict the location of the swimming pool and children's play equipment on Lot 9,Block 4; include a detail of the play equipment. 6. Construction of the common driveways on Lots 10 and 16,Block 1, and Lot 2 1,Block 3 shall comply with the standards listed in UDC 11-6C-3 D and with the exhibits in Section V.D. 7. Provide address signage at the entrance to the common driveways at the public street for homes accessed by common driveways for emergency wayfinding purposes; and sign the common driveways with"No Parking—Fire Lane"signs as set forth in IFC D 103.6 Signs. 8. The existing home to be retained on Lot 2,Block I is 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. 9. The existing home to be retained on Lot 2, Block 1 is required to be assigned a new address with subdivision of the property. 10. 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. 11. The Five Mile Creek/Drain shall be protected during construction. 12. The rear and/or side of structures on lots that face N.Black Cat Rd. (i.e. Lots 6 and 7,Block 3), an arterial street, and N. Torbin Way(i.e. Lot 37,Block 3 and Lot 2,Block 4),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 exemptfrom this requirement. 13. 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. 14. All fencing shall comply with the standards of UDC 11-3 A-7C. 15. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the 10- foot wide multi-use pathway along the Five Mile Creek,prior to signature on the final plat by the City Engineer. 16. The existing access via Black Cat Rd. for the home proposed to remain on Lot 2,Block 1, shall be removed. 17. All existing structures that don't comply with the setback standards listed in UDC I I-2A-6 shall be removed from the site prior to signature on the final plat by the City Engineer. 18. 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. 19. 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: I. The street light plan submitted with the construction plans appear to meet city requirements based on a preliminary review. 2. A Floodplain Development Permit is required. A hydraulic study was completed for The Oaks Subdivision. Phase#1 of this development has no buildings in the floodplain. The permit is needed for site work. 3. Slope between sanitary sewer manhole SSMH#C-l/SSMH#A-4 and SSMH#E-I/SSMH#A-5 are too steep. Maximum allowable slope is 5%. 4. Angles between in and out sewer main piping at SSMH#E-1 needs to be 90 degrees minimum. Page 9 5. At the end of the 8-inch water main at W. Mirmonte Dr. and N. Torbin Way,the water model predicts"close to"20 psi pressure at our minimum required fire flow of 1500 gpm.An on-site flow test must be conducted at that farthest hydrant near the eastern end of Phase 1 to verify flow prior to acceptance of the installed infrastructure. If the field flow test results in a lower pressure than 20 psi,there is a potential for the restriction of building for a few lots until the second connection is completed though Quartet SE. 6. From the preliminary investigation of groundwater elevation provided in the Preliminary Plat application, it appears that shallow groundwater may be 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. 7. 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. General Conditions: 8. 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. 9. 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. 10. 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. 11. 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 11-313-14A. 12. 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. 13. 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. 14. 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. 15. 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 11-5 C-3 C. 16. 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. 17. 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. 18. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 19. Developer shall coordinate mailbox locations with the Meridian Post Office. 20. All grading of the site shall be performed in conformance with MCC I I-1-413. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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 Page I I plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 27. Applicant shall be responsible for application and compliance with and NPDES pertnitting that may be required by the Environmental Protection Agency. 28. 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. 29. 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. 30. 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. 31. 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. Item#10. E IDIA AHO AGENDA ITEM ITEM TOPIC: Final Plat for Shelburne South No. 1 (FP-2020-0001) by Ian Connair of Kimley-Horn &Associates, Located on the North Side of E. Amity Rd. Midway Between S. Eagle Rd. and S. Cloverdale Rd. C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: November 4, 2020 Topic: Final Plat for Shelburne South No. 1 (FP-2020-0001) by Ian Cormair of Kimley-Horn &Associates, Located on the North Side of E.Amity Rd. Midway Between S. Eagle Rd. and S. Cloverdale Rd. Information Resources: Click Here for Application Materials STAFF REPORT El� C�Wl COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/4/2020 Legend DATE: o Ppdp--cl L<=tor TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2020-0001 Shelburne South No. I LOCATION: North side of E. Amity Rd. midway between S. Eagle Rd. and S. Cloverdale Rd.,in the SE 1/4of Section 28, Township 3N.,Range I E. MT 1. PROJECT DESCRIPTION Final plat consisting of 59 buildable lots and 16 common lots on 16.61 acres of land in the R-8 zoning district. 11. APPLICANT INFORMATION A. Applicant: Ian Connair,Kimley-Horn&Associates—7740 N. 10 St. #300,Phoenix,AZ 85020 B. Owner: Pinnacle Land Development,LLC—7629 E. Pinnacle Peak Rd., Scottsdale,AZ 85255 C. Representative: Same as Applicant 111. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0106)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of Page 1 buildable lots and common open space area have not changed. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 9/5/2019) SHELBURNE SOUTH-2019 PRELIMINARY PLAT MERIDIAN,IDAHO A. �MELWW 008C Na-, MMI 'EN munm x -'Zt X. L Ffl0FDM -rAFXGL*. A. 2 ws j- 7 jj B. Final Plat(dated: 8/18/20) SKE-LOURNE SOUD I SLODIViSPON KO 1 LOCZTED IN T—W S&I OF THE sEj oF sEcmN--ML T M,SL RE-BM UEAJC�M.A4A6fRM1Y .W�j -'%D. 0 a, Af -A! :3 [A ILMOM qw4 Ccnw" ipjp__ -A-* 4w. S-EET,09A 9HE-L.BUFOM SDVtH SLMMI-AGN NO I -r*Vp + _r_JL JL Az 2m M- t#46k&kwm Page 3 C. Landscape Plan(dated: 08/26/2020) LANDSCAPE IMPROVEMENT PLANS FOR SHELBURNE SOUTH - PHASE I LOCATED N TWEIM'OF T�ESEjOFSECTXWX T`004SW 3 MORYK FL*P3E IF 6Tr MERU".ADA CoAlry.ON-ro P ZEE LihOSCAPECOWK C7 Ll AA L PLAN Ar, ......ljjlj§L- I .- 4r N7 4'r-p NW!L -x, 1 17 is Page 5 I h =rj 1AMMEAK RAP6 ilk -A--TW- lip -BE 4,.7 7r Kim"" IMF -I-,Z 4 X.L 7 7� LV, Page 7 lu lan..- - 'IRE I 1 61 -7 r.'- =1 EV X TI I lm�. 17-Ti- F VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2020-138124) and preliminary plat(H-2019-0106)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 Council's approval of the preliminary plat(by March 3,2022); or apply for a time extension, in accord with UDC I I-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 Land Solutions, stamped by Clinton W. Hansen, dated: 8/18/2020, included in Section V.13 shall be revised as follows: a. Note#10: Include the recorded instrument number of the Development Agreement(#2020- L38124). b. Note#12: Include the recorded instrument number of the c. Note#13: Include the recorded instrument number of the CC&R's. d. Include the recorded Book and Page numbers for Shelburne East Subdivision No. I and No. 2 graphically depicted on Sheet 1. e. Include the recorded instrument number for the existing slope easement graphically depicted on Sheet 1. f. Include the recorded instrument number of the existing ACHD permanent sidewalk easement line in the Legend on Sheet 1. A copy of the revisedplat shall be submittedfor City Engineer signature. 5. The landscape plan prepared by KM Engineering, dated 08/26/2020, included in Section V.C, shall be revised as follows: a. Depict mitigation trees and calculations on the plan in accord with the standards listed in UDC I 1-313-1 OC.5. Coordinate with Matt Perkins, the City Arborist, to determine mitigation requirements. b. Revise the configuration of the pathway on Lot 3,Block 2 so that it runs parallel with the creek in closer alignment with the pathway on Lot 23,Block 4. c. If the unimproved right-of-way of E. Amity Rd. 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 11-3 B-7C.5. A license agreement for improvements within the right-of-way is required between the property owner and ACHD. d. Depict 5-foot wide landscape strips on each side of the multi-use pathway that comply with the standards listed in UDC 11-313-1 2C.A mix of trees, shrubs, lawn andlor other vegetative groundcover is required. 6. The existing home proposed to remain on Lot 1, Block 4 shall hook up to City water and sewer services at the developers expense within 60 calendar days of such services becoming available in Page 9 accord with MCC 9-1-4 and 9-4-8. At such time,the septic tank shall be abandoned and the well solely used for irrigation purposes. 7. The address of the existing home on Lot 1,Block 4 shall change to be addressed off of S. Selatir Way when that road is constructed. 8. The Nine Mile Creek and the Ten Mile Creek/Feeder shall be protected during construction. 9. 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. 10. All fencing shall comply with the standards of UDC 11-3 A-7C. 11. Development shall be limited to 30 building lots until such time as a secondary access that meets International Fire Code (IFC)is built and approved by the Fire Dept.Note:Shelburne East No. I and 2 are currently being constructed to the north of the site and willprovide secondary access for Shelburne South Phases I and 2 through Selatir Way. 12. To ensure access is still provided to the Freeman property(Parcel#S 1128438580)once Shelburne East develops to the north and S. Selatir Ln. is removed, a cross-access easement for a minimum 20-foot wide driveway shall be required to that property. A copy of the recorded easement shall be submitted prior to signature on the final plat by the City Engineer. 13. All existing structures on the site that are not proposed to remain on a lot in the proposed subdivision shall be removed prior to City Engineer signature on the final plat phase in which they are located. 14. An 8-foot wide public pedestrian easement shall be submitted to the Planning Division as required by the Park's Department prior to signature on the final plat(s)by the City Engineer for the multi-use pathway along the southwest side of the Nine Mile Creek from the east to the northwest(along the creek to the north boundary and along the access road to the west boundary) perimeter boundaries of the subdivision and along the northeast side of the Ten Mile Feeder Canal on the subject property. 15. All existing structures that don't comply with the setback standards listed in UDC I I-2A-6 shall be removed from the site prior to signature on the final plat by the City Engineer. 16. 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: I. The streetlight at Amity and Amorita shall be Type I and be positioned over E. Amity Road. 2. Remove water mainline stub out of E Arabian Dr because the east boundary of the development is the edge of Meridian's service area. 3. Remove the water mainline stub out of E Grayson Dr east of S Selatir Way because the east boundary of the development is the edge of Meridian's service area. 4. Avoid sanitary sewer service lines going through seepage beds whenever possible.Adjust seepage beds, or service lines so they are not going through a seepage bed. There are multiple areas where the infiltration trenches can be relocated to eliminate these crossing. Applicant to reconfigure infiltration trenches to eliminate or minimize crossing. 5. All sewer mainlines outside of an improved public right-of-way must have at a minimum, a 14- foot wide compacted gravel maintenance road that meets the City standards. Installation of multi- use pathways over main-lines is acceptable as long as the 14-foot width and adequate turn radiuses are provided. General Conditions: 6. 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. 7. 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. 8. 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 LTDC 11-5C-3B. 9. 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. 10. A letter of credit or cash surety in the amount of I 10%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 11. 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. 12. 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. 13. 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 I I-5C-3C. 14. 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. 15. 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. Page I I 16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 17. Developer shall coordinate mailbox locations with the Meridian Post Office. 18. All grading of the site shall be performed in conformance with MCC 11-1-4B. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 26. 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. 27. 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. 28. 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. 29. 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 13 Item#11. E IDIA AHO AGENDA ITEM ITEM TOPIC: Final Plat for Shelburne South No. 2 (FP-2020-0002) by Ian Connair of Kimley-Horn &Associates, Located on the North Side of E. Amity Rd. Midway Between S. Eagle Rd. and S. Cloverdale Rd. C� fIEN . L �1,, PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: November 4, 2020 Topic: Final Plat for Shelburne South No. 2 (FP-2020-0002) by Ian Cormair of Kimley-Horn &Associates, Located on the North Side of E.Amity Rd. Midway Between S. Eagle Rd. and S. Cloverdale Rd. Information Resources: Click Here for Application Materials STAFF REPORT El� C�Wl COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/4/2020 Legend DATE: o Ppdp--cl L<=tor TO: Mayor&City Council T FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2020-0002 Shelburne South No. 2 LOCATION: North side of E. Amity Rd. midway between S. Eagle Rd. and S. Cloverdale Rd.,in the SE 1/4of Section 28, Township 3N.,Range I E. 1. PROJECT DESCRIPTION Final plat consisting of 39 buildable lots and 7 common lots on 9.52 acres of land in the R-8 zoning district. 11. APPLICANT INFORMATION A. Applicant: Ian Connair,Kimley-Horn&Associates—7740 N. 10 St. #300,Phoenix,AZ 85020 B. Owner: Pinnacle Land Development,LLC—7629 E. Pinnacle Peak Rd., Scottsdale,AZ 85255 C. Representative: Same as Applicant 111. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0106)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of Page 1 buildable lots and common open space area have not changed. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 9/5/2019) SHELBURNE SOUTH-2019 PRELIMINARY PLAT MERIDIAN,IDAHO A. ZMELWrM 008C W—' ----------- MUTWAFA GL*. A, 2 7 :j to Ak T B. Final Plat(dated: 8/18/20) SHELBURNE SOUTH SUBDIVISION NO. 2 BOOK— PAGE LCCATED IN THE SWJ OF THE SEJ OF SECMON28,T-3N.,R-1E-.B.M- CITY OF MERICIAN,Al2A COUNTY.IDAHO 2020 LEGEND 4 .................... Law r--. --T .g"I rc=-- - d— *T w m�T� m�� �v-1 ww J m— ILAn olutforn SURVEY NARRATNE L�d Surwsylrig and C�uhfng Nm, W r� d Aw o Ro vq �ft ft-f —W� MEE7 1 OF 3 Page 3 C. Landscape Plan(dated: 9/2/2020) LANDSCAPE IMPROVEMENT PLANS FOR SHELBURNE SOUTH - PHASE 2 SUBDIVISION L0::ATW NME hM i Of TFE SE i OF SIECTON 22%W43HP 3 mXTH Rv#Q�iEABT LCRI(m AN AbA COWM*kP* &-Aftimm �m� =tgcr� HL It ZZZ —P= S A, % lb z7Z % x .7 T- LAMW-JPEPI-JM 6.0 W9 .L-,n JMVAff RAh Z:� Nib .1 so IMMEAPEP-M Page 5 4, r e-7". I K-N -I=f -LUMCAPE OFrAL3 %FE, IT- 4 Vill 4.4 % r El T- E I -r. =LL .ET d 'LL ITF L.4 r i Hrrt M I I TI W,19 LE L ti I nr LL LF I ILL 4.1- 1 L It LIM F LT-L .............. tL�.Lpj QTd Page 7 D. Common Driveway Exhibit 4 ui IBUIL13INC SETBACK LINE (TYP) J- 10 H OME ORIENTATION -- -------- �A;.13 HOME HOME HOME OR IENTATION 101RIENT&TION1 ORIENTATION I I f HOkAE 7 8 ORIENTATION 10 S.0V 5.W, ------------------------------- GRAPHIC SCALE IN FEET 0 20 40 so jd SHU13URNE SHARED DRh'EWAYEX- La mleyvfflorn r SOUTH Oduber 2.3,2= VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2020-138124) and preliminary plat(H-2019-0106)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 Land Solutions, stamped by Clinton W. Hansen, dated: 8/18/2020, included in Section V.13 shall be revised as follows: a. Note#10: Include the recorded instrument number of the Development Agreement(#2020- L38124). b. Note#12: Include the recorded instrument number of the ACHD License Agreement. c. Note#13: Include the recorded instrument number of the CC&R's. d. Note#15: ". . . as required by City of Meridian UDC 11-6C-3D.-78. . e. Include the recorded Book and Page number for Shelburne South Subdivision No. I graphically depicted on Sheet 1. f. Include the recorded instrument number of the existing City of Meridian sanitary sewer easement in the Legend on Sheet 1. A copy of the revisedplat shall be submittedfor City Engineer signature. 5. The landscape plan prepared by KM Engineering, dated 09/2/2020, included in Section V.C, shall be revised as follows: a. Depict mitigation trees and calculations on the plan in accord with the standards listed in UDC 11-313-10C.5. Coordinate with Matt Perkins, the City Arborist, to determine mitigation requirements. b. If the unimproved right-of-way of E. Amity Rd. 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 11-3 B-7C.5. A license agreement for improvements within the right-of-way is required between the property owner and ACHD. c. Depict 5-foot wide landscape strips on each side of the multi-use pathway that comply with the standards listed in UDC 11-313-1 2C.A mix of trees, shrubs, lawn andlor other vegetative groundcover is required. 6. Construction of the common driveway on Lot 6,Block 6 shall comply with the standards listed in UDC 11-6C-3D and with the exhibit in Section V.D. 7. Provide address signage at the entrance to the common driveway on Lot 6,Block 6 at the public street for homes accessed by the common driveway for emergency wayfinding purposes; and sign the common driveway with"No Parking—Fire Lane"signs as set forth in IFC D 103.6 Signs. Page 9 8. The Nine Mile Creek shall be protected during construction. 9. 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. 10. All fencing shall comply with the standards of UDC 11-3A-7C. 11. An 8-foot wide public pedestrian easement shall be submitted to the Planning Division as required by the Park's Department prior to signature on the final plat(s)by the City Engineer for the multi-use pathway along the southwest side of the Nine Mile Creek from the east to the northwest(along the creek to the north boundary and along the access road to the west boundary) perimeter boundaries of the subdivision and along the northeast side of the Ten Mile Feeder Canal on the subject property. 12. 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: I. The street light plan submitted with the construction plans appear to meet city requirements based on a preliminary review. 2. Due to the fact that the property to the west is not a phase of this project,the sewer clean-out located at the western boundary of project needs to be a manhole. 3. Eliminate or,when not possible,minimize sewer service crossing infiltration trenches. 4. There is at least one dead sanitary sewer mainline end-run that doesn't have the required 0.6% minimum slope,please revise. General Conditions: 5. 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. 6. 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. 7. 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. 8. 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 I I-3B-14A. 9. A letter of credit or cash surety in the amount of I 10%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 10. 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. 11. 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. 12. 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 I I-5C-3C. 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. 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. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. All grading of the site shall be performed in conformance with MCC 11-1-413. 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. 19. 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. 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. 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 received and approved prior to the issuance of a certification of occupancy for any structures within the project. 22. 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. Page I I 23. 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. 24. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 25. 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. 26. 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 abandomnent procedures and inspections. 27. 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. 28. 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. Item#12. E IDIA AHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Jocelyn Park Subdivision (H- 2020-0067) by Bonnie Layton, Located on the South Side of W.Victory Rd.,Approximately 1/4 Mile West of S. Meridian Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EF� AND DECISION&ORDER In the Matter of the Request for Jocelyn Park Subdivision,Preliminary Plat approval of 67 single- family residential lots and 7 common lots on 12.675 acres of land in the R-8 zoning district,by Bonnie Layton. Case No(s). H-2020-0067 For the City Council Hearing Date of: September 15, 2020 & October 20, 2020 (Findings on November 4,2020) A. Findings of Fact I. Hearing Facts(see attached Staff Report for the hearing dates of September 15, 2020 &October 20,2020,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing dates of September 15,2020&October 20,2020,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing dates of September 15, 2020&October 20, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing dates of September 15,2020 &October 20,2020,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 I I 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 § I I-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(Jocelyn Park Subdivision—FILE#H-2020-0067) 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing dates of September 15, 2020&October 20,2020, 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 § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing dates of September 15, 2020&October 20,2020, 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 I I-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 I 1-613-713). 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 Penrnit 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 penrnits 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 11-5B-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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jocelyn Park Subdivision—FILE#H-2020-0067) -2- 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 11(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651 IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis I. 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 § 67-652 1,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 dates of September 15,2020 &October 20, 2020. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jocelyn Park Subdivision—FILE#H-2020-0067) -3- By action of the City Council at its regular meeting held on the 4th day of November 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: 11-4-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jocelyn Park Subdivision—FILE#H-2020-0067) -4- Exhibit A STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING 9/15/2020& 10/20/2020 Legend DATE: FE11P,,i,,t Location TO: Mayor&City Council FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2020-0067 Jocelyn Park Subdivision LOCATION: The site is located on the south side of W. Victory Road, approximately 1/4 mile west of S. Meridian Road,in the NW 1/4 of the NE '/4 of Section 25,Township 3N.,Range I W. 1. PROJECT DESCRIPTION Request for Preliminary Plat approval of 67 single-family residential lots and 7 common lots in an existing R-8 zoning district. 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 12.675 (R-8 zoning district) Future Land Use Designation Medium Density Residential Existing Land Use(s) Vacant Proposed Land Use(s) Detached Single-family Residential Lots(#and type;bldg./common) 74 total lots—67 single-family residential;7 common lots. Phasing Plan(#of phases) Proposed as one phase Number of Residential Units(type 67 units—detached single-family homes of units) Density(gross&net) Gross—5.1 du/ac.;Net—9.76 du/ac. Open Space(acres,total 3.75 acres total—2.56 acres of qualified open space [%]/buffer/qualified) (19.8%) Amenities 4 qualifying amenities—walking paths; shaded picnic area; tot-lot;and additional qualified open space. Physical Features(waterways, Ridenbaugh Canal—along northern and northeastern hazards,flood plain,hillside) borders of property. Existing pond in south end of site is proposed to stay. Neighborhood meeting date;#of April 28,2020(Online Zoom Meeting due to Covid-19 attendees: Virus)—4 attendees Page 1 Description Details Page History(previous approvals) H-2018-0100(PP,set to expire in December of 2020);AZ- 13-014,DA Inst.#114007668. B. Community Metrics Description Details Page Ada County Highway District I • Staff report(yes/no) Draft Staff Report • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access is proposed via extending existing and proposed Hwy/Local)(Existing and Proposed) local streets into the development from the west and southeast.No access is proposed to W.Victory Road. Stub Street/Interconnectivity/Cross Access into this development would be from stub streets of Access adjacent subdivisions.The stub street in the southeast from Meridian Heights Subdivision currently exists;the stub street from Timberline No.2 is proposed and approved in their final plat. This property is proposing a stub street to the adjacent property abutting the site in the northeast. Existing Road Network No Existing Arterial Sidewalks The subject property has a small area of arterial street Buffers frontage along W.Victory Road that is between the right- of-way and the Ridenbaugh Canal.This area is not improved with curb,gutter,and sidewalk at this time. Proposed Road Improvements Applicant is not proposing to improve any right-of-way along W.Victory Road. Distance to nearest City Park(+ 0.8 miles to Bear Creek Park(18 acres in size) size) Fire Service • Distance to Fire Station 1.9 miles from Fire Station#6 • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#6 reliability is unknown at this time due to it being the newest station. • Risk Identification Risk Factor 2—residential with hazards(open waterways) • Accessibility Proposed project meets all Fire required access,road widths,and turnarounds. Police Service • Distance to Station 3 miles from Meridian Police Department • Response Time Approximately 3 minute response time to an emergency. • Call Data Between 3/l/2019-2/29/2020,the Meridian Police Section Department responded to 459 calls for service within a VIII.D mile of the proposed development.The crime count on the calls for service was 26. See attached documents for details. Between 3/l/2019-2/29/2020,the Meridian Police Department responded to 8 crashes within a mile of the proposed development. See attached documents for details. • Additional Concerns None Page 2 Description I Details Page West Ada School District—West Ada did not send any comments for this project. Wastewater • Distance to Sewer Services N/A • Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.96 • Project Consistent with WW YES Master Plan/Facility Plan • Impacts/Concerns Committed additional 1,530 gpd to model. Water • Distance to Water Services 01 • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water YES Master Plan • Impacts/Concerns There is an existing 8-inch diameter water main on the west side of the existing pond that is not shown on the conceptual engineering plan;this water main is to be abandoned. See Exhibit VILD for illustration of the extent of this main to be abandoned. COMPASS Job/Housing Ratio 0.5 (range of 1-1.5 is ideal;lower number indicates an employment need) Nearest Services Bus Stop— 1.5 miles Public Park—0.8 miles Grocery Store— 1.1 miles Additional Comments The site is not currently served by public transportation, although ValleyConnect 2.0 proposes bus service from downton Kuna to the Boise Research Center along Victory Road and Stoddard Road.The closest bus stop would be less than 1/4 mile in distance when that route is operational. Sidewalks and bicycle lanes and safe crossing of Victory Road are recommended. Page 3 ME. AM I.. rT .11.1 C I TIT I L I oo MEN LU soon milli 7v- . .... ------ milli oil 0 0 MEMO [M Is— in Hill.... ME M Moll, ME SIMMONS ME a -no ism CT. Moll IN Oman IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 7/17/2020 8/28/2020 Radius notification mailed to properties within 300 feet 7/14/2020 8/26/2020 Site Posting 7/20/2020 8/21/2020 Nextdoor posting 7/14/2020 8/28/2020 V. STAFF ANALYSIS The subject property was annexed in 2013 as part of a larger area known as Victory South(AZ- 13-014).There is an existing Development Agreement(DA) associated with this annexation and property but the requested application and the recorded DA do not require modification as the proposed development is consistent with the provision contained in the agreement.In addition, a preliminary plat was approved for this property in 2018 for the same titled plat name,Jocelyn Park. The existing plat is set to expire in December,2020 but the current developer wishes to obtain approval of a new plat with higher density more in line with the dimensional standards of the existing R-8 zoning district.Please see further Staff analysis below. A. Future Land Use Map Designation(hgps:llwww.meridiancity.otglcompplan) Medium Density Residential—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject site is located in an area of the City where low and medium density residential developments are existing and anticipated. The subject site is surrounded by existing City of Meridian zoning and development exceptfor a small parcel that abuts its northeastern property boundary. Therefore, this project is an infill development per the definitions in City code. The proposed development has a gross density of 5.1 dulac meeting the density requirementsfor this future land use designation. In addition, the existing R-8 zoning allowsfor detached single-family residences with average lot sizes above 4,000 squarefeet. The proposed development meets these requirements as welL Stafffinds the proposed use and gross density to meet the intent of the future land use designation ofMedium Density Residential. B. Comprehensive Plan Policies(https:llwww.meridiancio�.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"(2.0 1.0 1 G). Theproposed development has existing R-8 zoning on the subject site. A majority of the surrounding development has R-4 zoning which requires lot sizes twice as large as the ones proposed within this development. There is a pocket of additional R-8 zoning to the east of the subject site that the proposed density is consistent with. Overall, adding a development of this densityflows with the existing development naturally and adds to the availability ofsmaller lots in this area of the City. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices"(3.07.01A). The proposedproject design connects the two local streets that are stubbed to this property which adds to the overall connectivity in this immediate area. In addition, the proposed density of this projeet matches that of adjacent subdivisions to the east and west and therefore is not in a Page 5 geographic position to offer transitional density. This development would be screenedfrom Victory Road, an arterial street, by way of a large open space lot in the north of the site. The Applicant is also proposing a large open space lot in the south of the project site which also offersfurther buffering of this development. Sidewalks are shown throughout the project with some micro-path connections that will help connect open space in this development to that in adjacent developments. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks" (3.02.01G).Allpublic utilities are availablefor this project site due to the existing subdivisions surrounding the development. This project also lies within the Fire Department response time goal and the Meridian Police Department has stated this development can be serviced if approved. W. Victory Road is only a 2-lane road in this area of the City but there is no access proposed to Victory other than through the approved access through Timberline No. 2 to the west(this road network has not yet been constructed). Instead, access to this development will be through two adjacent subdivisions, one to the east and one to the west. West Ada School District has not offered comments on this project at this time. Staff understands that school enrollment is a major issue that is continually being monitored and worked through. Stafffinds that the existing andplanned development of the immediate area create conditionsfor adequate levels ofservice tofor this proposedproject. "Preserve,protect, and provide open space for recreation, conservation,and aesthetics" (4.05.0117). There is an existing open waterpond in the south end of the subject site; the Applicant has proposed to keep this pond open and beautify it with landscaping and will recirculate the water according to city code. This pond is in excess of the 25%of the common lot and therefore cannot count towards the qualified open space. However, Stafffinds that preserving and beautifying this pond is a great asset to this development and likely the development directly to the east and south because this open space lot abuts open space in adjacent subdivisions to the west and south (Timberline No. 1 and Biltmore Estates, respectively). In addition to this pond and open space lot, the Applicant is proposing nearly twice as much qualified open space than is required by code. Stafffinds the areas of open space in this development will be extensively used despite not being wholly located in the center of the development. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity" (2.02.011)).Jocelyn Park is proposed with attached sidewalks throughout the subdivision that are also interconnected via micro-paths and open space. The non-qualifying open space lot in the south of the development with the open waterpond abuts open space in two other adjacent subdivisions which offers connectivity between the developments.In addition, the Applicant is using the micro-paths and sidewalks as an avenue to promote pedestrian connectivity and link this subdivision to adjacent ones, specifically, by placing one of the micro-paths on the west boundaly and in line with adjacent open space in the Timberline Subdivision to the west, the interconnectivity and overallpedestrian access is further increased Stafffinds this development to be generally consistent and in alignment with the Comprehensive Plan. C. Existing Structures/Site Improvements: The subject site is vacant at this time with no known site improvements. There is an existing open water pond at the south end of the site that has been used for irrigation only. The applicant Page 6 intends on preserving this pond for the benefit of the development. There are no existing improvements along Victory Road. The previous preliminary plat that was approved in 2018 received conditionsfrom ACHD to construct curb, gutter, and attached sidewalk along W Victory Road. Staff has not yet received a draft staff reportfor this application but has been notified that this condition will remain. Therefore, Staff is recommending a condition of approval to revise the plat and landscape plan to show these improvements along Victory Road, including 5-foot attached sidewalk. Furthermore, the adjacent property owner to the northeast has a shed that is actually on the subject property. The Applicant has created a specific lot(shown as Lot 1, Block 3) in the plat in orderfor the adjacent property owner to later purchase the property and correct the boundary dispute. Staffsupports and appreciates this consideration ftom the property owner regarding this property boundary issue. D. Proposed Use Analysis: The proposed use is single-family residential; single-family detached dwellings are listed as principally permitted uses in the R-8 zoning district per UDC Table 11-2A-2. This development is proposed as one(1)phase with no direct accesses to W.Victory Road. The average lot size is 4,455 square feet with the largest lot being 7,238 square feet. The proposed use appears to comply with all UDC requirements for the R-8 zoning district. E. Dimensional Standards(LDC 11-2): The submitted Preliminary Plat shows lots that are at least 4,000 square feet in size with street frontages of at least 40 feet in accord with the required dimensional standards for the R-8 zoning district. In addition, all local streets are proposed with 5-foot attached sidewalks as required by code. Subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The proposedpreliminary plat appears to meet the UDC requirementsfor the R-8 zoning district as well as those requirements in UDC 11-6C-3. F. Access(UDC 11-3A-3, 11-3H-4): Access to and for this development is proposed via extension of local stub streets. The stub street located in the southeast comer of the site (W. Winnipeg Street) is an existing stub from Meridian Heights Subdivision. The other proposed connection is located in the northwest comer of the site but is not yet constructed.This stub street will be built with the second phase of the Timberline Subdivision directly to the west of the subject site. These two local streets will supply the access points for this development. In addition,the Applicant is proposing to stub a street to the property located to the northeast of the site for ftiture connectivity. On this stub street,the Applicant is also constructing a temporary hammerhead type turnaround to ensure safe fire turnaround.NOTE:In discussion with A CHD the hammerhead type design will not meet their requirementsfor adequate turnaround and the Applicant will have to construct a temporary turnaround that meets both A CHD and MFD requirements. G. Parking(UDC LI-3C): Off-street parking is required to be provided in accord with the standards listed in_UDC Table I I- 3C-6 for single-family dwellings based on the number of bedrooms per unit. In addition,the Applicant is proposing 33-foot street sections within 47-feet of right-of-way which would allow on-street parking where there are no driveways. Staff finds that if the single-family lots are developed according to UDC standards,the proposed plat offers adequate on and off-street parking for the development. Page 7 H. Pathways (UDC H-3A-8): There are no multi-use pathways proposed or required with this development. There is existing multi-use pathway on the north side of Victory Road,directly north of the subject site. However, the Applicant is proposing micro-pathways in multiple locations in the development to add pedestrian and bicycle connections throughout. These pathways connect the central open space area with the 5-feet attached sidewalks located along the local streets throughout the development. The Applicant is also proposing a micro-pathway connection on the west side of the project to connect with a pathway and open space connection in Timberline No. 1. In addition, a pathway is proposed within the large open space lot abutting the Ridenbaugh Canal. Sta supports the addition of micro-pathways throughout the development but has some concerns ,if regarding theirplacement. First, Staff believes the micro-path connectionfrom the central open space lot to the western street should be relocated two lotsfurther north, between Lots 10& I], Block 3 to help with potential visibility issues and crime prevention. Second, Staff has concerns over how the pathway within the large open space lot along the Ridenbaugh Canal is depicted on the submittedplans and where it shown to connect to the Timberline Subdivision to the west. The Timberline lot directly abutting the subject site in the northwest corner is a buildable lot and will have a privacyfence on the sharedproperty boundary. Therefore, the proposed layout of the pathway shown would likely never become a reality. The only otherpedestrian access out to Victory Roadfrom this site would be via the irrigation district access road but this is not supported by staff nor the irrigation district at this time. This access road will likely befenced off ftom this open space lot to ensure a safer open space area along the canal. Because of these issues, staffproposes that the proposedpathway be completely out of the irrigation district easement and looped around this northern open space lotfor a walkingpath around the perimeter of the lot and connect back to the proposed sidewalks along the extended W. Cumberland Drive. I. Sidewalks(UDC LI-3A-17): Attached sidewalks are proposed along all internal streets as part of the overall pedestrian circulation,in accord with the standards listed in UDC I I-3A-17. Staff supports the sidewalk and pedestrian circulation plan for this development with the specific changes noted above and in the conditions of approval. J. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to W.Victory Road, an arterial street, landscaped per the standards listed in UDC I I-3B-7C. The Ridenbaugh Canal and the Victory Road right-of-way appear to take up all of the required landscape buffer along the arterial street. Because of the physical lack ofspace between the right-of-way and the irrigation easement, the Applicant is notproposing any landscaping directly along Victory. Despite the constrained area,Staff recommends that the Applicant coordinate with the irrigation district to determine if landscaping along the north side of the canal is feasible or doable prior to the City Council hearing. If allowed, the applicant would be required to obtain a license agreementfor these improvements, subject to NMID requirements. Landscaping is required along all pathways (including micro-pathways) in accord with the standards listed in UDC 11-3B-12C. The total lineal feet of pathways with the required and proposed number of trees are NOT included in the Landscape Calculations table but the Applicant appears to show the required number of trees per the UDC. Staff is ok with this as the correct number of trees are shown. Page 8 Common open space is required to be landscaped in accord with the standards listed in UDC I I- 3G-3E. The total square footage of common open space and the required number of trees to demonstrate compliance with UDC standards is included in the Landscape Calculations table. Although the correct number of trees are shown on the landscape plans and within the calculations table, the required shrubs and other vegetative ground cover is not depicted on the landscape plans. Therefore, Staff is recommending a condition of approval to show the required shrubs along the micro-pathways per UDC 11-3B-12C2. K. Qualified Open Space (UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3 G-3B is required. Based on the proposed plat of 12.93 acres,a minimum of 1.29 acres of qualified common open space should be provided to satisfy this requirement. According to the open space exhibit(see Exhibit VII.B),the applicant is proposing a total of 3.65 acres of open space. The exhibit shows three (3)distinct areas of open space: one area in the south that contains the pond; one area along the entire northern boundary of the subject site; and one centralized area. The large open space lot containing the pond abuts open space area in the Timberline No. 1 subdivision currently under construction.In addition,there is an end cap lot and a micro-pathway connection to the west shown on the open space exhibit. The submitted open space exhibit shows all of this area as qualifying but upon Staff s review, some of this area is not qualifying. The existingpond is more than 25%of the lot in which it resides and therefore the entire lot is not qualifting open spaceper the standards listed in UDC 11-3G-3B.7. The other area of open space that is listed as qualifying but is indeed non-quali ,fying is the end cap lot located at the south end of the lot(approximately 4,200 squarefeet)directly north of the pond. This area meets neither the 50'by I 00'dimensions nor the 5,000 squarefoot minimum size in order to count towards the qualified open space. After removing the end cap lot and the lot containing the pond ftom the open space calculations, there are 2.46 acres of area that is all qualifying open space. Sta is recommending a condition to revise the open space exhibit prior to the City Council ,if hearing to ensure a clean record. An area of additional concern for Staff is the open space area directly north ofLots 35-3 7, Block 3 (the lots at the end of S. Garibaldi Court in the eastern hatf of the site). The Applicant is proposing to leave an area of open space between the rear yards of these three homes and the irrigation district access road. The access road must befenced offfrom this development which leaves a thin area behind homes with the only true visibility comingfrom the open visionfencing of these three homes'rearfence. This area leads to nowhere and does not appear to offer any usable benefitfor the development if left as is. Even with the required open visionfencing along the rear of these lots, Staff is concerned this area of open space will be neglected due to the slope of the terrain and its location. Therefore, Staff is recommending that this area be added to the adjacent lots, Lots 35-3 7, Block 3, instead of remaining open space. The open space calculations should then be revised to remove this areafrom the calculations table. L. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat(12.93 acres),a minimum of one(1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The applicant is proposing four(4)qualified amenities to satisfy the requirements in this section of the UDC: a child's play structure,a shaded picnic area,walking paths, and an additional 20,000 square feet of qualified open space. The proposed amenities exceed the minimum Page 9 requirements of the UDC. Stafffinds the proposed amenities to be great additions to the community and should serve as more than adequatefor the proposed development. A Fencing(UDC 11-3A-61 LI-3A-7): All fencing is required to comply with the standards listed in UDC I I-3A-7. Proposed fencing is shown on the landscape plans submitted to Staff and as seen in Exhibit VII.C. The proposed fencing does not meet all UDC requirements. The non-qualified open space area containing the pond(Lot 24, Block 2) abuts open space in the adjacent Timberline subdivision, as noted above. This area of open space was notfenced by the developer of Timberline No. I and Staffsupports nofencing along this shared boundary to allow better integration of both open spaces as required by the UDC. The submitted landscape plan shows closed visionfencing along this sharedproperty line which is not in line with the UDC. Staff is recommending a condition of approval to remove thefencing in this area so that the open space is continuous between the two developments. The proposed children's play structure located in the north open space lot should also befenced offfrom the Ridenbaugh Canal to ensure an area ofsafe playfor everyone within the development. The onlyfencing shown on the submitted landscape plans in this area is afence on the north side of the irrigation district access road.As noted in the commentsfrom the Parks Department, thefence should be on the south side of the access road, in order to separate the access roadfrom the open space andproposedplay structure. Therefore, Staff is recommending a condition of approval to correct this and show thefencing on the opposite side of the access road. N. Building Elevations(UDC 11-3A-19 I Architectural Standards Manua�: The Applicant has submitted conceptual elevations for the single-family homes for this development as seen in Exhibit VILE. Staff has been made aware that the submitted elevations do not show the full mixture of materials that will be used and the Applicant states that some high- end masonry will be used with most of the housing designs. The submitted elevations, with the inclusion of masonry elements, meet the required design standardsfor detached single-family homes. 0. Waterways(UDC 1U--3A--A)- The Ridenbaugh Canal runs through the northern portion of the subject site. Per UDC,this waterway is required to be tiled. However,the Applicant wishes to keep the canal open and act as a buffer between W.Victory Road,an arterial street, and the common open space lot proposed south of the canal. Staffsupports this proposition by the Applicant. The Applicant is requesting a Council Waiver to keep the canal open. VI. DECISION A. Staff- Staff recommends approval of the requested preliminary plat application per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on Awzust 6,2020.At the public hearing,the Commission moved to recommend gpproval of the subject Preliminga Plat request. I. Summary of Commission public hearing: a. In favor: Bonnie LWon,Applicant Representative; b. In opposition:None C. Commenting: Bonnie Layton Page 10 d. Written testimoU: None Staff presenting gpplication: Joseph Dodson,Associate Planner f, Other Staff commenting on gpplication:None 2. Key issue(s)of public testimony a. None 3. key issue(s)of discussion by Commission: a. Applicability and location of the required sidewalk along Victojy Road; b. Location of fencing along Ridenbaugh Canal and the mislabeling of the irrigation district's access road as a pathwgy for the proposed plat; LUout,placement, and usability of the proposed open space—specifically,how an amenity can be added to the open space lot containing the pond and how to open LIP the central open space lot more; d. Issue of the sliver of open space behind the cul-de-sac lots as outlined by Staff with a proposed change to rotate three of these lots to move micro-pathway to the east and help this sliver be usable area; e. Clarify Staff s comment on the fencing within the north and south open space lots. 4. Commission change(s)to Staff recommendation: a. Strike condition number four(4), b. Modify conditions LA and 3.B to reflect rotating those lots to the west; c. Add condition to lose a buildable lot around the central open space lot in order to Lapen it M d. Add condition to provide a looped sidewalk within the north open space lot; e. Add condition to add or move an amenity that will provide seating to the open space lot containing the open water pond. 5. Outstanding issue(s) for City Council: a. The Applicant was unable to find a solution with ACHD or NMID regarding the location for the required sidewalk along Victojy Road. The Applicant will need to provide this sidewalk or obtain an approval from City Council for an alternative. C. The Meridian City Council heard these items on September 15,2020&October 2.0�2020. At the public hearing,the Council moved to approve the subject Preliminary Plat request. I. Summary of the City Council public he� a. In favor: Bonnie Layton,Applicant Representative b. hi o Tposition:None C. Commenting: Bonnie La yton; Chev Campbell,neighbor; Justin Lucas,ACHD. d. Written testimony: Christopher Vondemkamp e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Bill NaIW,City Attorney; Warren Stewart, Cit Engineer. 2. Key issue(s)of public testimon a. Size of lots adjacent to subdivision to theeast- b. Discussion regarding the well lot adjacent to this subdivision to the east but gat-residing within it. 3. Key issue(s)of discussion by City Council: a. Location of reQuired sidewalk in relation to Ridenbaugh Canal and the irrigation district easement and how any alternatives mighttwork in order to satisfy city code and ACHD requirements while not encroaching into the irrigation district easement. b. Difference in number of lots proposed with this plat versus the currently Uproved plat from 2018. Page I I Item#12. V11. EXHIBITS A. Revised Preliminary Plat(dated: My 17, 2020 9/09,12020 10/14/2020 MION 10.10 NOISIAicisins)INVd NA-13DOr OOAACI djj JAUVUENOM CL 312 • CL NTMAk IVId A�IVNIVYIT3�Id Z- 5 -3 ------------ 6 , �g, IL Ar L FA II m. Page 13 Item#12. X-WE 0100 xy,ya as { �"• fN ;'r� � 7ff k-E I.mo of ra iYA •�6 i WC— w 3'ALJ -A CAP vOAkU REwvaF r - 'in 114r.a+aw Aretxf I }u,i s7 cu R— I1 rr r � �' _ yr �I. �.fx a■ ar rl! •� 4¢ k I I }5�a wP >5 uti wi6 x I _ — f I� i I �•f 1 ad9rJ Y1 iI 5 `I I � � •nr y i ZL ti t r k. If 4 t `h.• r.a1 r p ` 5L car 16 ,56 r 42 T 5kI 1 5 •, +d7 di t 5 �b I g o III' ffi e II k yTi yl +� II 5 ro�2f5F fF+ 4 y 5 t7 { g I ; u1pg yI�I7 t I IF �q I St h SI I k {377 a f l l \ 1 r ' x k ,� ,�-' I�+Mrr EG 81. Y---- - Ix� 5= x I IIA � •y � . I��1�t 11_ -� � � ,� � uarxf - ----- CSC IMECI v' +�� Ip76 iF�4:f �7M'r 70■77 i \ i G� �IfF•h�CJIIi?19�F . Page 14 Page 175 Item#12. B. Open Space Exhibit(date: 6/2/2020) i 1r 9 9 0 OPEN SPACE EXHIHrr SFE DATA txa sa u.oa �ea~oeuyoa� � � oex.�ce�mareae �� A°11°O°14RO°" Haan iN I R •� X .......... 4 SL R u� .S A a% g 2 S Q s — a $ R � � 4 �. R .L uj A A f A > jk SZ Al. L $ - J @ $ OPEN SPACE EXHIBIT y I y l4 None LI-US 5 6 r 8 3 10 Page 15 Page 176 Item#12. C. Landscape Plans(date: 7/22/2020) r----------------------------------------------- ------* 19 ` 9 1 _ i - L— o Eno 1 - i;s 1_ 1� 3� 50 1 R x 1 Ile 1 mp 1 1 � 1 > 5 1 1 1 1 1 1 1 1 � 1 Fo 1 w ; ; A-----------------------------------------------------------J i Asl ® = JOCELYN PARK SUBDIVISION E]'I / e s ca g8 fn ?"`" MERIDIAN,ID Page 16 Page 177 Item#12. --------------- - -fir - ----- ———- �7 STACK ROCK Y"I T ————————--- IN .......... po" LI.02 L ------- ---------------------------------------- --- 4 1 7 lo Page 17 Item#12. D. Water Main Exhibit—portion of water main to be abandoned(per Public Works) IA 3 S •Abandon existing water M 81358 5•T Jr. �' ��hiYk b 131912._ main-extents shown In T ipeg 5t orange 14.1 2 —8•. - _ r--? �ti -_ y 8.131']'is �O12f8 •F f L F r !!lSrr~ ��a-191E8fi� W24 �w 171�149696 �wM W Ta[I•Prairiel�T�t r'r, c , a� A� Page 18 Page 179 • _� _ _ ,• r�"mow ` flu hr����- `-� ___ - .- -, ,fir•' r r ■ �R T-V Mft �. F� 77 ttqq - 1 � 1. A .. y' -�r., fly..• 7i is ,� .-. .� •:'q Item#12. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The revised preliminary plat included in Section VII.A, dated jWy 1 70ctober 14,2020, is approved as submitted. shall be revised as follows at least to (1 m daysprior-t the Gi cetmeil he a. Revise the&4 to inehide some of the area behind r-etate Lets 35 37:qp4:M, Bleek 3 to Open si3aee afea behind them fner-e usable and a ­Cfb.se building le instead ef eommon open spaee tip to the boundary of the irrigation distfiet eftsefRefit. b Devise the plat to show the, ier-o pathway to be located between Lets 10 R. 11, Bleek 1 e. Revise the plat to show the additienal fight of way aleng W. Vietefy Read as r-e"ir-ed .; this should include a 5 feet wide sidewalk leea4ed at least 31 feet from f4e.l; 2. The landscape plan included in Section VII.C,dated 06/18/2020, shall be revised as follows prior to Final Plat application submittal: a. Revise the landscape plans to show shrubs and other vegetative ground cover to the areas along all pathways in accord with UDC 11-3B-12C. b. Revise the landscape plans to show the fencing along the Ridenbaugh Canal to be on the south side of the irrigation district access road and maintain accordance with UDC 11- 3A-6 to separate the open space and play structure from the canal. c. Show the micro-pathway to be located between Lots 10 & 11,Block 3 instead of between Lots 12 & 13,Block 3. d. Show the require new sidewalk location within the common open space lot(Lot 2. Block 1) as shown on the revised plat aleng 14ter-y ReaA. e. Remove Revise the fencing shown along the western subdivision boundary located on the common open space lot, shown as Lot 24,Block 2.,to include a break in the fencing to allow for the adjacent open space to be continuous with this open space lot. f. An amenity that adds seating shall be added to the open space lot containingthe he open water pond, shown on Lot 24, Block 2. g. Revise the landscape plans to reflect the revised plat layout. 3. The Open Space Exhibit and calculations table shall be corrected as follows prior to Final Plat application submittal a4 least ten(10) days pr-ier-te the City Gotmeil hearing: a. Revise the calculations table to show the correct amount of qualified versus non-qualified open space in accord with UDC 11-3G-3. b. Revise the open space exhibit to show ara ,.,,1,,,,1 tions gable to ro e that area behift a Lots 35-P and 36,Block 3 rotated to the west and the micro-pathway relocated to the east to match the revised preliminary_plat layout up to the 1.,,,,r,1ai=y of the ifFigatiefl Page 22 Page 183 Item#12. c. Revise the open space calculations to remove that area where the required temporary turnaround is located on the common open space lot,Lot 2,Block 1. d. Revise the open space exhibit to reflect the revised plat layout4. At least ten(10) days prior-to the City Couneil hearing,the Appliea-PA shall revise the pr-elimifiafy plat, landseape plans, and open spaee exhibit to show the proposed pathway i the nor-the m- open spaee lot(Lot 2,Bloek 1) as eempletely separ-a4e from the it+igafien distfie aeeess a a-a loop through the open spaee lot to , eet 1-aek to the p e a�IIT !`,,mbe-l.*,1 Drive i the aoi4l west eomer- f the site. 5. The Applicant shall remove a buildable lot that surrounds the central open space lot Lot 2, Block 3, to help this open space lot be more open and visible from an adjoining street; anX relevant plans shall be revised prior to Final Plat application submittal. 6. The Applicant shall construct the required 5-foot wide sidewalk along the north boundary of Lot 2. Block 1(south of the Ridenbaugh Canal) connecting to the east-west local street as shown. The remainder of the north/south segment of the sidewalk that ties into Victory Road shall be coordinated with the adjacent subdivision owners(Timberline Subdivision) and constructed within the approved common lot(Lot 5.Block 3) as presented at the City Council hearing on October 20 2020. Revise the landscape plans and open space exhibit to match the plat prior to Final Plat application submittal. 7. The Applicant shall work with ACHD and the Timberline Subdivision property owners to determine appropriate signage at the end of the sidewalk along Timberline's frontage in order to notify pedestrians that the public sidewalk continues through the subdivision and not along the south side of Victory Road. 8. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 9. 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. 10. The Applicant shall be required to fence the proposed children's play area separately from other fences to ensure a safe play environment; the fencing shall meet UDC requirements in 11-3A-7. !I. A The pplieat.t shall e ..1.,with all A C14D ,. nd tions of.,pp-,,.,.,1 n 12. 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. Page 23 Page 184 Item#12. 13. 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. 14. At least ten(,0) daysprior-to the City Couneil hoafi .Prior to Final Plat application submittal,the Applicant shall coordinate with the irrigation district to determine if landscaping is feasible on the north side of the Ridenbaugh Canal. 15. Prior to the City Engineer's signature of the final plat,the Applicant shall transfer ownership of Lot 1,Block 3 to the owner of the parcel located to the northeast(parcel#S1225110160)to ensure the existing shed is not spanning property lines. 16. Architectural design of the future homes shall be generally consistent with the submitted building elevations with the addition of masonry finishes as proposed by the Applicant. 17. The preliminary plat approval shall become null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years of preliminary plat approval by City Council(date unknown at this time); or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. 18. The Applicant shall comply with all ACHD conditions of approval. , er-essing or-laying adjaeepA and eepAiguaus to the area being subdivided shall be addr-essea per-UDG 11 3A 6. NOT-El The appliennt is seeking City Couneil waiver-to leave the 19. Per City Council Waiver.the Ridenbaugh Canal that resides on the subject property shall remain open. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 There is an existing 8-inch diameter water main on the west side of the existing pond that is not shown on the conceptual engineering plan; this water main is to be abandoned. See Exhibit VII.D for illustration of the extent of this main to be abandoned. 1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A future installation agreement is required for the streetlights on Chinden Blvd. Contact the Meridian Transportation and Utility Coordinator for additional information. 1.3 A sanitary sewer service will need to be installed to serve the parcel at the end of W. Winnipeg Street. 1.4 Much of this development is within an area once occupied by a sanitary sewage lagoon. The area has been reclaimed by means of imported fill materials of various sources. The GeoTechnical Engineering Report by Materials Testing&Inspection Co. (MTI) dated March 14,2019 makes note of the various materials found at ground surface,as well as the special considerations that must be followed to ensure that structures are constructed on suitable bearing soils. It shall be required that personnel from MTI,or another qualified geotechnical engineer,verify the bearing soil suitability for each structure at the time of construction. Evidence of such determination shall be presented to the Meridian Building Inspector prior to footing inspection. 2. General Conditions of Approval Page 24 Page 185 Item#12. 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. Page 25 Page 186 Item#12. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for 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 Page 26 Page 187 Item#12. irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT(MFD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=191324&dbid=0&r0o=MeridianC ky D. POLICE DEPARTMENT(MPD) https:llweblink.meridianciiy.org/WebLink/Doc View.aspx?id=191275&dbid=0&r0o=MeridianC ky E. PARK'S DEPARTMENT https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=192297&dbid=0&r0o=MeridianC iv F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=192103&dbid=0&repo=MeridianC hty G. BOISE PROJECT BOARD OF CONTROL(BPBC) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=191405&dbid=0&r0o=MeridianC Ry H. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=192040&dbid=0&repo=MeridianC ity I. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=191385&dbid=0&r0o=MeridianC hty J. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=191616&dbid=0&r0o=MeridianC hty K. ADA COUNTY HIGHWAY DISTRICT(ACHD) Me planning&Zeffing C-eflinfission hearing, Sktff will add Me link te Meir repart-. n, f .�., �z https://weblink.meridianciU.or,g/WebLink/DocView.aspx?id=215606&dbid=0&r0o=MeridianC hty IX. FINDINGS A. Preliminary Plat Findings: Page 27 Page 188 Item#12. 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. The Applicant is proposing to keep the existing pond on the property for the benefit of the development which Staff fully supports. Page 28 Page 189 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits at 2690 E. Franklin Rd. Page 190 Item#13. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Bruce Freckleton, Community Development Meeting Date: November 4, 2020 Presenter: Bruce Freckleton Estimated Time: 5-minutes Topic: AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS: 2690 E. FRANKLIN ROAD Recommended Council Action: Approve the agreement and authorize the Mayor to sign and the City Clerk to attest. Background: This is a residential property outside the city limits, which is currently being leased. The septic system serving this home has recently failed. The home is not habitable without a septic system and continuing to try and pump the septic tank is cost prohibitive. In 2003,the City of Meridian, in conjunction with the Ada County Highway District, extended new sanitary sewer and water mainlines in Franklin Road adjacent to the subject property. Water and sewer service connections were extended into the subject site with said project. The subject site is currently contiguous to the city limits. Therefore, per MCC 9-1-16 and 9-4-26 the home owner is seeking permission to connect the home to the existing service lines. The owner has executed the attached agreement for connection outside city limits and has paid his assessment fees and meter fee. The home owner is currently working with a contractor, our Plumbing Official and my office to complete the connections. This agreement allows the immediate connection, and also stipulates that the owner must apply for annexation of the subject property within 60-days of the effective date of the agreement. Thank you! Page 191 ADA COUNTY RECORDER Phil McGrane 2020-151430 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/06/2020 09:12 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS: 2690 E. FRANKLIN ROAD This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER VI E OUTSIDE MERIDIAN CITY LIMITS ("Agreement") is made this 'day of 2020 (`Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho,whose address is 33 East Broadway Avenue,Meridian, Idaho (hereinafter"City"), and Richard and Connie Schnebly,whose mailing address is 4050 E. Hubbard Road,Kuna, Idaho (hereinafter"Users") (collectively, "Parties"). WHEREAS, Users are the owners of parcel number S 1108438512, located at 2690 E. Franklin Road,Meridian,Ada County,Idaho,more particularly described as: PAR#8512 @ S SIDE SW4SE4 SEC 08 3N I#438510-8 (hereinafter"Subject Property"),which real property is located outside of Meridian City limits; WHEREAS,the City is authorized by Idaho Code section 50-323 to develop, operate, and maintain a domestic water supply, and to protect the same from contamination, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, Meridian City Code; WHEREAS,the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4,Meridian City Code; WHEREAS,the Users requests to connect the existing residence at Subject Property to the City water and sewer systems, and to disconnect the private water well and private septic system at Subject Property; WHEREAS,the Subject Property is contiguous to the City limits and Users are currently in the process of applying for annexation and zoning designations consistent with the City of Meridian Comprehensive Plan,but due to septic system failure seek to connect to City services immediately; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above,which are incorporated herein,the Parties agree as follows: AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS—2690 E.FRANKLIN ROAD PAGE 1 OF 6 I.COMMITMENTS BY CITY. A. Provision of Services. At all times relevant hereunder, City shall provide sewer and water services to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. B. Billing. City shall bill Users monthly for sewer and water usage according to the metering, accounting,and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. C. Recordation. City shall record this Agreement,and shall submit proof of such recording to Users. II.COMMITMENTS BY USERS. A. Payment for City services. Users shall pay to City any and all costs related to sewer and water connection, including,but not limited to,hookup, assessment,meter installation, and inspection fees Upon connection to the City's sewer and/or water system, Users shall pay to City all applicable fees and costs for sewer and water services provided, including,but not limited to use fees,as such are calculated and billed by City as set forth herein and established by law or City ordinance. The exclusive remedy for disputes, objections, or appeals regarding such fees and charges shall be appealed to the Board of Appraisers under the procedure set forth in Meridian City Code. Notwithstanding any other provision of this Agreement,this provision shall be binding upon Users and upon any and all successors in interest of Users and/or to the Subject Property. B. No cross-connection. Users shall abide by and comply with any and all applicable provisions of law,which shall specifically include,but shall not be limited to, compliance with Chapter 3,Title 9,Meridian City Code and/or any and all similar ordinances subsequently adopted,which prohibit the installation and/or maintenance of a cross- connection to the City's water system. This provision shall be binding upon Users and upon any and all successors in interest of Users and/or to the Subject Property. C. Consent to annexation. Users specifically agrees that, as a specific consideration of City's willingness to enter into this Agreement,Users shall, and hereby does,provide perpetual consent to annexation of the Subject Property into the City of Meridian. This provision shall comprise evidence of Users's consent to annexation and shall be binding upon all subsequent purchasers,heirs,or assigns of the Subject Property. Notwithstanding any other provision of this Agreement,this provision shall be binding upon Users and upon any and all successors in interest of Users and/or to the Subject Property. D. Annexation application. Within sixty(60) days of the Effective Date of this Agreement, Users shall, at Users' sole expense, submit an Annexation Application for the Subject Property into the City of Meridian. Users' Annexation Application shall include a complete submittal of all City-required documents, exhibits, and fees for requesting annexation into the corporate boundary that are in effect at the time of application. Such Annexation AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS-2690 E.FRANKLIN ROAD PAGE 2 OF 6 Application shall propose zoning designations consistent with the Future Land Use Map designation of the City's Comprehensive Plan. E. Future development agreement.Users acknowledge that,pursuant to Idaho Code section 67-6511A and the Meridian Unified Development Code("UDC"), as part of the annexation process,Users will be required to enter into a development agreement concerning the use or development of the Subject Property. Such development agreement will include requirements that the use of the Subject Property comply with all provisions of the UDC and Meridian City Code, including those provisions related to land use, specific use standards, landscaping, access, parking, and other conditions as may be appropriate and necessary to carry out the policies of the comprehensive plan,regulate the uses of property and structures within the City of Meridian, and protect and promote public health, safety, and general welfare. F. Consent to entry. Users shall,and hereby does,provide perpetual consent and access to the City to enter the Subject Property for the purpose of inspecting any and all sewer and/or water pipes, connections, and related infrastructure. Except as to routine meter readings or in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide Users at least twenty-four(24)hours prior notice of such entry; such notice may be verbal or written and may be posted at the Subject Property. III.GENERAL PROVISIONS. A. Default. Any failure to perform the terms and conditions of this Agreement,or any portion thereof, shall be a default hereunder. In the event of a default,the non-defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare,the defaulting party shall have thirty(30)days following delivery of such notice to cure or correct the default before the non-defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement,this provision shall be binding upon the Parties and upon any and all successors in interest thereof. B. Enforcement. This Agreement shall be enforceable in any Ada County court of competent jurisdiction by either City or Users,or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment,and/or obligation set forth herein. In addition, remedies available to City shall include,but shall not be limited to,termination of sewer and/or water service to Users,to any successor(s) in interest, and/or to any sewer or water Users located on the Subject Property. C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail,postage prepaid, addressed as follows: City: City of Meridian Attn: Public Works Department Director 33 E.Broadway Ave. Meridian, Idaho 83642 AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS-2690 E.FRANKLIN ROAD PAGE 3 OF 6 Users: Richard and Connie Schnebly 4050 E. Hubbard Road Kuna,Idaho 83634 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change,establishing a new address for noticing purposes, in accordance with the requirements of this section. D. Time is of the essence. The Parties 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 and default hereunder by the Party so failing to perform. E. Binding upon successors. Except as otherwise specifically provided herein,this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof,except that any sale or alienation shall occur subject to the provisions of this Agreement,and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. F. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised, and the invalidity thereof shall not affect any other provision or provisions contained herein. G. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia,any default,termination, or forfeiture of this Agreement. H. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Users relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied,between City and Users, other than as are stated herein. Except as otherwise specifically provided herein,no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. I. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof,notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS—2690 E.FRANKLIN ROAD PAGE 4 OF 6 J. Compliance with laws. Throughout the course of this Agreement,the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 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. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. L. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. USERS: STATE OF IDAHO ) ,n ) ss: County otTIL�� ) I HEREBY CERTIFY that on this VG��day of 1 ichard Schnebl �before the undersigned,a Notary Public in the State of Idaho, personally appeared RICHARD SCHNEBLY,proven to me to be the person who executed the said instrument,and acknowledged to me that he 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. MEDINA CAVCIC COMMISSION NUMBER 65388 NOTARY PUBLIC Notary Public for>lgho State of Idaho My Commission Expires 04/13/2021 Residing at ,Idaho My Commission Expires: ( AI L (S1s AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS—2690 E.FRANKLIN ROAD PAGE 5 OF 6 STATE OF IDAHO ) ) ss: County ) I HEREBY CERTIFY that on this day of t Connie Schnebly before the undersigned,a Notary Public in the State of Idaho, personally appeared CONNIE SCHNEBLY,proven to me to be the person who executed the said instrument,and acknowledged to me that he executed the same. MEDINA CAVCIC IN WITNESS WHEREOF,I have hereunto set my hand and COMMISSION NUMBER 65388 axed my official seal,the day and year in this certificate first NOTARY PUBLIC above written. State of Idaho My Commission Expires 04/13/2021 Notary Public for Idaho Residing a A Idaho My Commission Expires: z /IV L CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk STATE OF IDAHO ) :ss County of Ada ) I HEREBY CERTIFY that on this 4th day oNovember, 2020 before the undersigned, personally appeared ROBERT E. SI IISON and CHRIS JOHNSON,known or identified to me to be the Mayor and City Clerk,respectively,of the City of Meridian,who executed the instrument on behalf of the City of Meridian, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian Idaho My Commission Expires: 3-28-2022 AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS—2690 E.FRANKLIN ROAD PAGE 6 OF 6 Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement Between the City of Meridian and Kurita America, Inc. for the Purchase and Supply of Well 18 Iron and Manganese Removal Tank and Equipment for a Not-to-Exceed Amount of$791,862.00 Page 198 Item#14. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez, Procurement Division Meeting Date: November 4, 2020 Presenter: N/A Estimated Time: 0.00 Topic: Approval of Purchase Agreement with Kurita America for Well 18 Equipment Recommended Council Action: Award of Contract to Kurita America for the Not-to-Exceed amount of$791,862.00 as well as authorize Procurement Manager to sign the Purchase Order for the Not-to-Exceed amount of $791,862.00. Background: This project was initiated to mitigate the brown water in the utility system caused by the high levels of iron and manganese. - Attached is the Public Works project memo for further insight to the agreement's scope of work. Page 199 Item#14. Mayor Robert E. Simison E IDIAN �~� City Council Members Treg Bernt Joe Borton Public Works Luke Cavener Department Brad Hoaglun Jessica Perreault Liz Strader TO: Keith Watts FROM: Dean Stacey DATE: September 24,2020 SUBJECT: CONTRACT FOR THE PURCHASE AND SUPPLY OF WELL 18 IRON AND MANGANESE REMOVAL TANK AND EQUIPMENT WITH KURITA AMERICA INC FOR A NOT-TO-EXCEED AMOUNT OF $791,862 I. DEPARTMENT CONTACT PERSONS Dean Stacey, Engineerign Project Manager 208-489-0386 Kyle Radek, Assist City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Dale Bolthouse, PW Director 208-985-1257 II. DESCRIPTION A. Back round This project was initiated to mitigate the brown water in the utility system caused by the high levels of iron and manganese. The primary purpose and justification for this project is to improve customer satisfaction by reducing water quality issues created by Iron and Manganese precipitation in our water supply through filtration. B. Proposed Project This part of the project consists of the procurement of an iron and manganese filtration tank and associated equipment. This package includes the tank, filter media and gravels,piping, valves, SCADA control panels and an air blower. The follow on project will be to design and construct the treatment facility to house Page 200 Item#14. ge 2 the filter tank, and allow the water department to properly operate the system. The facility is planned to be constructed in fiscal year 2021. III. IMPACT A. Fiscal Impacts Project Costs: Well 18 Treatment Equipment: $791,862 Project Funding Well 18 Treatment Equipment Procurement: (60-3490-96118) $791,862 E. Time Constraints Council approval will enable the procurement of the filter equipment by Mid October 2020, and the completion of design by mid February 2021. Departmental Approval: �j S 9 2 Z-r, Warren Stewart ate Page 201 AGREEMENT FOR THE SUPPLY OF WELL 18 WATER TREATMENT FACILITY EQUIPMENT PROJECT #11027.F THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made this 4th day of November, 2020, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and KURITA AMERICA, INC., hereinafter referred to as "SUPPLIER", whose business address is 13305 Watertower Circle Plymouth, MN 55441. INTRODUCTION Whereas, the City has a need for WELL 18 WATER TREATMENT FACILITY EQUIPMENT ; and WHEREAS, the SUPPLIER is specially trained, experienced and competent to provide and has agreed to provide such equipment; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Equipment / Supply Specifications & Requirements: 1.1 SUPPLIER shall supply the equipment, supplies and services to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the Request for Proposals titled "Well 18 Water Treatment Equipment" and suppliers proposal dated September 8, 2020, which by this reference are incorporated herein, together with all addendums issued. 1.2 The SUPPLIER shall provide all equipment and services under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions and the UCC. The SUPPLIER represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. 2. Consideration 2.1 The SUPPLIER shall be compensated on a Fixed Price basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof, for the Not-To-Exceed amount of$791,862.00. 2.2 The SUPPLIER shall provide the City with a detailed invoice upon delivery of all equipment and supplies, which the City will pay within 30 days of receipt of a correct invoice and approval by the City Project Manager. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to SUPPLIER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of SUPPLIER. 2.3 Except as expressly provided in this Agreement, SUPPLIER shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, SUPPLIER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should SUPPLIER default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to SUPPLIER. 3.3 Should City fail to pay SUPPLIER all or any part of the compensation set forth in Attachment B of this Agreement on the date due, SUPPLIER, at the SUPPLIER's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Termination: If, through any cause, SUPPLIER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the purposes of set-off until such time as the exact amount of damages due the CITY from SUPPLIER is determined. This provision shall survive the termination of this agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. 5. Independent SUPPLIER: 5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an independent SUPPLIER, and neither SUPPLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Attachment A, SUPPLIER has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 SUPPLIER, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent SUPPLIERs and not as employees of the City. 5.3 SUPPLIER shall determine the method, details and means of performing the work and services to be provided by SUPPLIER under this Agreement. SUPPLIER shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of SUPPLIER in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by SUPPLIER, such persons shall be entirely and exclusively under the direction and supervision and control of the SUPPLIER. 6. Indemnification and Insurance: a. SUPPLIER 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 and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the SUPPLIER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, SUPPLIER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the SUPPLIER or SUPPLIER's officers, employs, agents, representatives or sub-SUPPLIERs and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SUPPLIER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date SUPPLIER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, SUPPLIER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the SUPPLIER shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. Item#14. 6.3 To the extent of the indemnity in this contract, SUPPLIER's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the SUPPLIER's insurance and shall not contribute with SUPPLIER's insurance except as to the extent of City's negligence. b. The SUPPLIER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for Suppliers subs shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required. 8. Warranty: In addition to any warranty required in the specifications, all equipment, coatings, valves, controls, and other components provided under this agreement shall be guaranteed for two (2) years against defects in workmanship and materials from the notice of acceptance. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Procurement Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Ph. (208) 489-0417 Email: kwatts(umeridiancity.org Item#14. Kurita America Inc. Attn: Steve Mayo 13305 Watertower Circle Plymouth, MN 55441 TELEPHONE: 763-957-1908 EMAIL: s.mayo@uswaterservices.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. 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. 10. 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. 11. Assignment: It is expressly agreed and understood by the parties hereto, that SUPPLIER 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. 12. Discrimination Prohibited: In performing the Work required herein, SUPPLIER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 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. 13.2 SUPPLIER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo Page 207 Item#14. static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. 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 SUPPLIER'S records with respect to all matters covered by this Agreement. SUPPLIER 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. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of SUPPLIER'S compensation, which are mutually agreed upon by and between the CITY and SUPPLIER, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and 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. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. Page 208 Item#14. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. 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. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN KURITA AMERICA INC. o�PORq�.9y: SEALS.: BY: BY: M/CHAE� Keith Watts, Procurement Manager Nathan Bach -'- Executive VP Engineering & Equipment Dated: 11-4-2020 Dated: 10/23/20 Approved by City Council: 11-4-2020_ Approved as to Form CITY ATTORNEY Item#14. Attachment A SCOPE OF WORK REFER TO REQUEST FOR PROPOSALS PW-2035-11027.F, ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Request for Proposals Package #PW- 2035-11027.F and written proposal by SUPPLIER dated DATE are by this reference made a part hereof. - The project consists of installation of a new pump and pressure filtration system to reduce aesthetic pollutants from the potable supply of Well 18. - See attached 158 page Specifications Page 210 Item#14. Attachment B MILESTONE / PAYMENT SCHEDULE A Total and complete compensation for this Agreement shall not exceed $0.00. Substantial (Delivery) Completion 420 Days from NTP & Final Completion 530 Days from NTP MILESTONE DATES/PRICING SCHEDULE DESCRIPTION AMOUNT Complete Filtration System Well 18 $791,862.00 CONTRACT TOTAL....................... $791,862.00 Page 211 Item#14. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2020 Through 9/30/2021 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 96118 WELL 18 CONSTRUCTION 1,400,000.04 0.00 1,400,000.04 100.00% Carr... Carryforward 729,597.00 0.00 729,597.00 100.00% Total Capital Outlay 2,129,597.04 0.00 2,129,597.04 100.00% TOTAL EXPENDITURES 2,129,597.04 0.00 2,129,597.04 100.00% Page 212 Date: 10/14/20 03:25:09 PM Pag Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Cost Share Permit with Ada County Highway District (ACHD) for Non-Transportation Improvements Associated with Eagle Rd.,Victory Rd.to Amity Rd. Widening Project Page 213 C� fIEN .D L4,, 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. Item#15. 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$6,250 to properly prepare for installation. Permanent improvements will depend on level of effort and final design; City Council feedback on design concepts will be solicited at a future meeting. Parks and Recreation Department staff will discuss a budget amendment for interim and/or permanent improvements at a future meeting. If this cost share is approved a budget amendment will be required, plus the cost for perpetual maintenance of these items. Page 215 ADA COUNTY HIGHWAY DISTRICT COST SHARE PERMIT ,--V 24 3775 Adams Street ACHD Contact Person: i; ' Garden City Idaho 83714 Name: Ryan Cutler 409 Phone(208) 387-6280 3775 Adams Street ACHD Facsimile(208) 387-6289 Garden City Idaho 83714 igggilew Phone: (20$) 387-6.202 Date of Permit: 11-4-2020 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 Item#15. 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 217 Item#15. 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 218 Item#15. 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 219 Item#15. 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 220 Item#15. 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 221 Item#15. 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 222 Item#15. 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 223 Item#15. 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 224 q.gyf.F..P. I,-i'vil.,fi j:.."I..I. qcO :aN-1— Item#15. /4B6 •" 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 17-- r v 0 O :.lT � 0 ENO _ ^ EZ2 j a i to avo 3 1 s AVM 3PDV1NOW W n- 8. 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I•yi 4� :I� � r '0 w V I y I I +I I a I I } I I I o e I � I I c ° �E I I I E 0-0 iI ' rnd LU I •"— I fh it O d I l � a r d E ,s A ow I I Itii �N I - Z iL I ' Q B I I I Page 245 Item#15. �W jog � � T n W d Zfill ImpWZ lhlil f P■ �' G a G T u F o� _ a � W LLA I I ,.- - ,., .,gam i •. "' W ME i � I � II , I Page 246 Item#15. LU e FNil 5 e ilup a Of � I � I & i it I I 1 I 3 � I I I N fa h N Sad a�IW Nei �,y ,��x 5 41 a amao av6WlYFp gy � may.�• i I .SA � I ' I I ��I.r I 7 I ��' � I .i .h�-•-— V bb I Page 247 v Item#15. w F dl N i h 7 iQ �s 4 e k 8 s vi a � e o � 0 I I � �aaaaoialn � ,q 1 Zi I �i 7I •�--� I g _ � IN WW laaul6 ntlH9 I a ,.�' co x I In I a I = I I I a > � Z I I I• 3 I , n �. VA Hu aw oa c � I � f do as A I •I I I d 1 I � DI9>IhY r }i ilE'rR'b FM-M Page 248 Item#16. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian Regarding a Pathway in the Baraya No. 5 Subdivision Page 249 AGREEMENT AGREEMENT,made and entered into this 41h day of November ,2020,by and between NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation district organized and existing under and by virtue of the laws of the State of Idaho,hereinafter referred to as the"District,"and THE CITY OF MERIDIAN,a political subdivision and municipality of the State of Idaho hereinafter referred to as the"City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19,2000,recorded as Instrument No. 100102999, records of Ada County, Idaho,hereinafter referred to as the"Master Pathway Agreement;"and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities;to enhance the City's pathway planning though early consultation between the City and the District;to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches,property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and, WHEREAS,the City is the owner of the real property easement/right of way(burdened with the easement of the District hereinafter mentioned)particularly described in the"Legal Description"attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation/drainage ditch or canal known as the PURDAM DRAIN (hereinafter referred to as "ditch or canal") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference made a part hereof, and, WHEREAS,the City desires approval to construct, install, operate and maintain a paved pathway within the District's easement for the Purdam Drain under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, AGREEMENT-Page 1 NOW,THEREFORE,for and in consideration ofthe premises and of the covenants,agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: 1. The City may construct, operate, maintain and repair a 10 foot wide asphalt pedestrian pathway within the District's real property and/or easement for the Purdam Drain at Baraya Subdivision No. 5, located southeast of the intersection of Black Cat Road and Franklin Road in Meridian, Ada County, Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the"Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with,and running with,all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF,the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA&MERIDIAN IRRIGATION DISTRICT By Its President ATTEST: Its Secretary AGREEMENT-Page 2 I i i i l Item#16, 3 i THE CITY OF MERIDIAN j B Y - AT TEST' G4�QOFtATEDq�GGs� R bert E. Si is n, Mayor urAHO p IDI ris o son, City rk SEq STATE IDAHO the TREAS\3 ss: County of Canyon ) On this day of ,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared Will Patterson and Michael Comeskey,known to me to be the President and Secretary, respectively, of NAMPA&MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF,Ihave hereunto set my hand and affixed my official seal,the day and year in this certificate first above written, Notary Public for Idaho Residing at ,Idaho My Commission Expires: STATE OF IDAHO ) ss: County of Ada ) On this 4th day of November,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared Robert E. Simison and Chris Johnson known to me to be the Mayor and City Cleric ,respectively,of The CITY OF MERIDIAN,the entity that executed the foregoing instrument and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year in this certificate first above written, Notary Public for Idaho Residing at _ Meridian, Idaho My Commission Expires: 3-28-2022 AGREEMENT-Page 3 Item#16. EXHIBIT A Lggal Description A right-of-way/easement located within Baraya Subdivision No.5 in Section 15,Township 3 North, Range 1 West, B.M., Meridian, Ada County, Idaho, and is more particularly described in Exhibit A-1 attached hereto and by this reference incorporated herein. EXHIBIT B Location of Property°/Drain See Exhibit C-1 attached hereto. EXHIBIT C Special Conditions a. The location and construction of the pathway shall be in accordance with Exhibit C-1, attached hereto and by this reference made a part hereof. b. The District's easement along this section of the Purdam Drain includes a sufficient area of land to convey irrigation and drainage water,to operate, clean,maintain and repair the Purdam Drain, and to access the Purdam Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT-Page 4 Page 253 Item#16. ' Proiect Name(Subdivisionl: Baraya Subdivision No. 5 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this day of , 20___, between Endurance Holdings LLC hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as"Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway;and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW,THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A and depicted on Exhibit `B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway t easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures,trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV,01/01/2020 Exhibit A-1 , page 1 Page254 Item#16. then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: E(nduceHoldings LLC Corey Barto�rianSTATE OF ID - County of Ada ) This record was acknowledged before me on ate)by Corey Barton (name of individual), [complete the following if si ing in a representative capacity, or strike the following if signing in an indi>dual capacity] on behalf of Endurance Holdings LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager _(type of authority such as officer or trustee) Ii#k11�1�I1flI te°Ose° . . •, QY A(11� �� Notary Signature _ My Commission Expires: J'�► ` MY COMMISSION ' EXPIRES 6-5-2022 ° e V/V. q, . OF 1 Q.• � l�vo Pedestrian Pathway Easement REV.01/01/2020 Exhibit A-1 , page 2 Page 255 Item#16. 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 (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: Pedestrian Pathway Easement REV.01/01/2020 Exhibit A-1 , page 3 Page256 Item#16. EXHIBIT A DESCRIPTION FOR BARAYA SUBDIVISION NO. 5 MERIDIAN REGIONAL PATHWAY EASEMENT A portion of 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 more particularly described as follows: Commencing at the N1/4 corner of said Section 15 from which the NW comer of said Section 15 bears North 89015'34"West, 2640.56 feet; thence South 12038'17"West, 988.29 feet to the easterly most comer of Lot 2, Block 14, said point also being an angle point on the southeasterly boundary line of Lot 1, Block 14 of Baraya Subdivision No. 3 as filed in Book 116 of Plats at Pages 17630 through 17634, records of Ada County, Idaho and the REAL POINT OF BEGINNING; feet; (hence along the southeasterly boundary line of said Lot 1 North 63`49'38"East, 25.03 thence leaving said southeasterly boundary line South 29002'07" East, 429.95 feet; thence North 89015'16"West, 28.80 feet; thence North 29002'07"West,416.89 feet to the REAL POINT OF BEGINNING. 4, NS�dy 7729 �,01131� 0 OF�o - 'G.G� Page l of l Exhibit A-1 , page 4 Page 257 Item#16. 0 N r7 Jv BASIS OF BEARING 00 S. °0 S.9 0 ;;., N89'15'34'W 2640.56' 1/4 S,10 co S.16 S.15 W. FRANKLIN ROAD QI J L UI of o J (U I m� M;cti (n: O cli BARAYA SUBDIVSION NO. 3 RPOB �� �t �`` Ns$! SE CORNER I n BLOCK 14 : LOT 2, BLK 14 n- 7 2 0 ++ N63'4938"E 25.03' \ F.OF } 4 i + \' + + ++ \ + +++4 5 + - � \ �GZ ++++4\jam 10 \ BARAYA st^ y ++++ SUBDIVSION +\O BLOCK 14 ++i+�r�- NO. 4 `0 6 J �p i+++}iti,1 \ `++++ +ate 7 + + 1r� ++ + 8 + 4 + + --- +4+}++3� N89'15'16"W\ ,r + + --� UNPLATTED i ).. DAHO EXH161T -Aa DRAWING FOR N53 W.EMERAL BARAYA SUBDIVISION NO, 5 SURVEY 20-1 easE.IoaHo s37o4�aa SHEET N0. c=00>e45-3570 MERIDIAN REGIONAL PATHWAY EASEMENT 1 GROUP, LLC IACATEO IN THE NE 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE NE 1/4 OF Page 258 SECTION 15. L3N..RAW„ M. MERIDAN. ADA COUNTY,IDAHO Exhibit A-1 , page 5 Item#16. ,� 0-5hvW PAyy TxMTA Auyw 04,IOfO m d!PM w ?z � I• m i i!1 II D ! cz-� � IIY m Z ! AVM tlAtlNb9'_S •. _L-1__T. I, D 6 p �•r -- -- ��� I'I O A e m Ir---�__-i o m -{ ! I'i A3,la JflSnd Az �_-_l, 4m r L- I or— N sgI it I iI I !�Ir — I 11I 1� _ ., I I �' j I� � ��s �a �� a� gr 11 �i � I —�.�;J i_�� �I�—J��J I� — �-��I-�-I j_J�• I�i �---I ! m }: A3,ltl orand Az n ��� a o r 'I ! ! I4 I i , 8 ®Y i?NY I 9 M0 381N m z � a a110sM 11 X.Agi 19 \ i Aim 'a ✓ �s o �K it•// ���!�4� •� �. �t e i III i � ��� ,/i �� — � ,�' ��,•' _ V' °c BARAYA SUBDIVISION — PHASE 5 S. SUNSET POINT WAYS MERIDIAN, IDAHO 83642Fgl W?" OVERALL LANDSCAPE PLAN i± Page 259 GONSTHUCTION DMINGS �._....... Exhibit C-1 , page 1 Item#16. ",.�.�.o�ouo.,,�.,r�,M.rao°���.���w.��raw�...r°.,.�,r a,,.�•.�o,,v.M' e LI; !:I;.H iII III II III I II I1 - rb1 I � +— — �T ti I �MATCHLINE SEE SHEET LI _ MATCHLINE-SEE SHEET 111 0 - _ I I• 'T_. I• MATCHmINE SEESHEETLI 3I Imo_ MATCHLIIE'eEE SHEETLI3� --- "— i� �� ,I •� � I� lil II II i li it I. it I j1 �` ` - 1 - - ! i -- --it I j` _ o ,IL I I �I •( -- r-_____— ' $Z aW L - I a� �i" III III I I III III III III IIi III n`L '•`` • `I`�` D 'lj Ijl Il Ii1 lil !il Iil lil lii ! l - � " m ..�"�I � 8" �' I�_ z a° " ply � ' � , '` •' %,. -7. ® S S `:. Q 1: b a. C d g , i- .r4 E' I L R �ti \ \ I asOTIF s o� � l l I ,::' - %• �Y a6au8&s�a •v"•o o .u°fir - D i i �,--' •: /�i% p i63€3�45" 6 89 Ribs Q -- cn O ®©®®OO®®O®00000000 n a a m ° ° rn m '�. �� 7 <y,5 H9 m fail a,.nam as c�k4k m a OR Q £ 33 f£ F F 75 xzx .— ¢ ,N6 m iisixs "os �8 $ b Z — _ — 4 BARAYA SUBDIVISION - PHASE 5 i. n S. SUNSET POINT WAY w MERIDIAN, IDAHO 83642 Es e�3n LANDSCAPE PLAN AREA THREE i = ' ®n Page 260 100% CONSTRUCTION DRAWINGS Exhibit C-1 , page 2 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Memorandum of Agreement for Contribution to Streetscape Improvements Between the Meridian Development Corporation and the City of Meridian Page 261 Item#17. ,N-11Et ORAN01 N1 01 1c:1t�f;h1�;N'1° FOR CON'l R111iITION `l t i :ti 1 141 1 1 SC'APF IMPROVFMFNTS I hii MFh1010NDUM OU A(ilCh;l=.M1'.N l FOR CONTRIFItI I ION`CO TRAFFIC 0OX COMMUNI'l Y Aft I'Itt).11_:C1"("Agreement")is made this Ist day of October. 2020 f ElTeetive Date"),by and between the City of Meridian,a municipal corporation crrgunired under the laws of the State of Idaho("City").and Meridian Development Corporation,an urhan renewal agency organized under the laws of the State of Idaho("MDC"). WHEREAS, MDC previously provided certain streetseape improvements including a bench, litter receptacle and other site improvements for use in downtown Meridian; WHEREAS,the Meridian Parks and Recreation Department is requesting MDC sharc in the cast to replace and repair some of these strectscape improvements MDC previously purchased; WHEREAS, MDC is willing to contribute to City up to three thousand five hundred forty one dollars($3,541.00) to repair and replace certain streetscape improvements; 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. CITY's RESPONSIBILITIES. A. Repair and Replacement of Streetscape Improvements. Between Oct 1,2020 and September 30, 2021,City agrees to replace one bench,one litter receptacle and install replacement slats to refurbish certain site furnishings located within MDC's downtown I urban renewal district boundaries. i B. Invoice MDC. City shall remit to MDC an invoice to reimburse the City for the $3,541.00 if cost of replacing and repairing the above described streetseape improvements. II. MDC'S RESPONSIBILITIES. A. Reimbursement. Within thirty(30)days of receipt of each of City's invoice,MDC shall provide payment to City in the amount of three thousand five hundred forty one dollars ($3,54I.00). 1 B. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDC's obligations under this Agreement to provide payment to City as described herein shall be subject to and dependent upon appropriations being made by the MDC governing board for such purpose. 2021 MOA MDC AND CITY FOR REPLACEMENT AND REPAIR OF STREETSCAPE FMPROVEMENTS PAGE I OF 3 Page 262 Item#17. A Trrn Wok Ag"nettt hrgin (lc k4vt 1. 202(1 mul%hell rein in elfimt thfough .srocalt et At1. :4761 m until the MAVt tc ape itnprr,r dmrntt WV mplated and repaired and the City is relmhomed, %likheter outura fiMt. H. Notira. Notice requimd to he pn)►ided by either of tlt panirt itmlor this Almintal %hall he in writing and tv deerned c4miniunicated when mailed h) i muted Statrq Moll,addre�,wd as fill lo"it: City: Cily of Meridian MDC: Meridian Development Corplrratuan Oty Attorney's OfTicr Ashley Squyrva,Administrator t3 I.. Ilruadway Avenue 104 East Uairview Avcnue#239 Meridian II)8,W2 Meridian 1D 83642 Either party may change its address for the purpose of this paragraph by giving, furinal t notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement,and supersedes al I prior agreements, understandings,negotiations,representations,and discussions,whether verbal or written,of the parties pertaining to that subject matter. The Agreement may not be changed,amended,or superseded unless by means of writing executed by both Parties hereto. D. Termination. Either party may terminate this Agreement in whole,or in part, due to convenience,nonap prop riation,or when either or both parties agree that the continuation of the project is not in the parties' best interest,by providing thirty(30)days written notice. If MDC is the terminating party,City shall be entitled to receive reimbursement for payments made for services properly performed by City to the date of termination. F. Indemnification. To the fullest extent permitted by law and by Article Vlil.section 4 of the Idaho Constitution,City agrees to indemnify,defend,and hold harmless MDC and its officers,agents,consultants,and employees from and against any and all liability,claims, losses,actions,or judgments,costs and fees, including any costs and attorney's fees incurred therein, for damages, losses,or injury to entities,persons or property for any act,error,or omission arising out of or in any way connected with the activities and programs described herein and/or the activities of City and its officers,employees,contractors,or agents related to or connected with this Agreement. F. 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.The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. 202t MOA MDC AND CITY FOR REPLACEMENT AND REPAIR OF STREETSCAPE IMPROVEMENTS PAGE 2 OF 3 Page 263 Item#17. G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District,Ada County, State of Idaho. IN WITNESS WHEREOF,the parties hereto have executed this Agreement to effective on the date first noted above. ME AN DEVEL PMENT CORPORATION: Attest: Dave Winder Chairman , CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk 20211 MOA MDC AND C I FY Fx►8 RiFt AdCMEN1 AN11117AA M S11U YIsc riff Ml'Clk414Lhff%I S PAt&3 Of 3 Page 264 Item#18. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Estoppel Certificate by City of Meridian in Favor of Lakeview Meridian Investors and Western Ada Recreation District Confirming Meridian's Consent to the Assignment of the Lease at Lakeview Golf Club to Western Ada Recreation District and Discharging Lakeview Meridian Investors from All Covenants and Obligations Under the Lease Page 265 ESTOPPEL CERTIFICATE This ESTOPPEL CERTIFICATE ("Estoppel"), dated as of November 4th, 2020 (the "Effective Date"), is executed by the City of Meridian, a municipal corporation of the State of Idaho ("Lessor"), in favor of Lakeview Meridian Investors, LLC, an Idaho limited liability company, T. Erik Oaas and Steven H. Laney(collectively, "Lessee")and Western Ada Recreation District, an Idaho recreation district created and organized under Title 31, Chapter 43 of the Idaho Code ("Transferee"). RECITALS A. Lessor is presently the holder of the lessor's interest under the provisions of that certain Agreement of Lease dated as of October 3, 1978, as amended May 17, 2005, May 31, 2006, September 17,2013 and December 1,2015 (collectively,the"Lease"),by and between Lessor and Lessee, pursuant to which Lessee is leasing from Lessor certain real property and related interests in Ada County, State of Idaho, as more particularly described in the Lease which includes an 18- hole golf course, driving range and golf practice facility, golf pro shop, bar and restaurant and related facilities located at 4200 W.Talamore Boulevard,Meridian,Idaho 83646(the"Premises"). B. Lessee and Transferee have entered into that certain Asset Purchase Agreement (the "Purchase Agreement"),pursuant to which Transferee has agreed to purchase and Lessee has agreed to sell certain of Lessee's assets, properties and contractual rights used in connection with the business operated on the Premises, including but not limited to all of Lessee's rights and obligations pursuant to the Lease at the closing of the transactions contemplated by the Purchase Agreement, contingent upon Lessor's execution and delivery of this Estoppel; C. Pursuant to Section 14 of the Lease, the transaction contemplated by the Purchase Agreement constitutes an"assignment" of the Lease which requires the consent of Lessor; D. Lessor has executed that certain Assignment of Lease for the Provision of Golf Court Operations at City of Meridian's Lakeview Municipal Golf Course dated August 11, 2020 ("Consent") setting forth it's conditional consent to the assignment of the Lease by Lessee to Transferee; and E. Lessor is willing to execute this Estoppel to make certain representations and covenants as set forth herein. NOW,THEREFORE,with the understanding that Lessee and Transferee will be relying on each of the statements contained in this Estoppel, Lessor hereby agrees as follows: 1. Definitions. Capitalized terms not defined in this Estoppel shall have the meanings ascribed to them in the Lease. 2 Consent to Assignment and Release. Lessor hereby confirms its consent to the assignment of the Lease to Transferee on the terms and conditions set forth in the Consent. Upon the closing of the transactions set forth in the Purchase Agreement, Lessor hereby forever 1 discharges and unconditionally releases Lessee from any and all covenants and obligations under the Lease. 3 Reliance. Lessor is executing this Estoppel with the intent that Transferee and Lessee are entitled to rely and are relying on this Estoppel and the certifications made by Lessor herein. 4, Lease Estoppel. Lessor certifies as follows : (a) a true and accurate copy of the agreements constituting the "Lease" are set forth on Exhibit A; (b) Lessee is current in the payment of rent and to the knowledge of Lessor, Lessee is not otherwise in default under the terms and conditions of the Lease, nor has there occurred any event, act, or omission that with notice or lapse of time would be a default under the Lease by Lessee; (c) the Lease is in full force and effect and has not been modified or amended in any manner whatsoever except as shown on Exhibit A. 5. Authority. Lessor represents and warrants that it is duly authorized to execute this Estoppel and perform its obligations hereunder, and that the person signing this Estoppel on its respective behalf is duly authorized to sign on behalf of Lessor. 6* Successors and Assigns. This Estoppel shall be binding upon Lessor and its successors, transferees and assigns, and inure to the benefit of Transferee and Lessee and their respective successors, transferees and assigns, except as may be limited by bankruptcy, reorganization, insolvency, and other laws affecting creditors ' rights in general . IN WITNESS WHEREOF, Lessor has executed this Estoppel as of the date first written above . LESSOR : CITY OF MERDIAN By : el obe t E . S ' ison , Mayor O, yp ED AUG Attest : G0 ?1 cot City of (:MIE PIDIAN - Chris Joh City Cle IDANO t, SEAL TFq o the TWO E AOQ'6�S' 2 Item#18. EXHIBIT A LEASE Agreement of Lease dated October 3, 1978 Assignment of Lease and Amended Lease Agreement dated May 17, 2005 Agreement dated May 31, 2006 2013 Addendum to the Lease Agreement dated September 17, 2013 Addendum to City of Meridian Lease Agreement dated December 1, 2015 3 Page 268 llem#97. LICENSE AND MANAGEMENT AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND THE CITY OF MERIDIAN FOR MAINTENANCE AND OPERATION OF LAKEVIEW GOLF COURSE THIS AGREEMENT(the"Agreement")made and entered into this 11th day of August , 2020, by and between the Western Ada Recreation District, a Recreation District created and organized under Title 31, Chapter 43 of the Idaho Code ("District"), and the City of Meridian, an Idaho municipal corporation("City"). WHEREAS,City owns real property located at 4200 W Talamore Boulevard in Meridian, which is currently developed as an 18 hole public golf course, driving range, pro shop, restaurant and related facilities known as the Lakeview Golf Course(the"Facility"), WHEREAS, the Facility is currently under lease by the City to Lakeview Meridian Investors, LLC,(the"Leasehold Owners"), WHEREAS, the Leasehold Owners' use of the Facility is pursuant to a certain Agreement of Lease between the City of Meridian and Cherry Lane Recreation, Inc. dated August 13, 1999, which was assigned to the Leasehold Owners in an Assignment of Lease and Amended Leese Agreement between Leasehold Owners,as Lessee, and the City of Meridian,as Lessor,dated May 17,2005 (all collectively referred to as the"Lease"), WHEREAS, District is currently under contract or will be under contract to purchase the assets of the Leasehold Owners,including their interest in the Lease,the leasehold improvements, and certain assets, properties and contractual rights used in connection with the operation of the golf course. WHEREAS, City intends to agree to an assignment of the Lease to District at such time that the purchase of the assets of the Leasehold Owners is completed, WHEREAS, City has proven experience at successfully and efficiently operating, maintaining, and programming public recreation facilities across the City. WHEREAS, District is interested in entering into a partnership with City to support the efficient operation of Lakeview into the future. WHEREAS, District is willing, upon certain terms and conditions, to license the Facility to City for the purposes stated herein for a period of time defined within this Agreement. NOW,THEREFORE, the parties hereto agree as follows: A. GRANT OF LICENSE Page I Page 269 i i i Item t117. 3 i I i For and in consideration of promises contained herein, and other good and valuable consideration, District hereby gives and grants to City the non-exclusive right, privilege and license to maintain and operate the Facility. B. TERM OF AGREEMENT /IOko%6, �l�d2v The term of this Agreement commences on t�et�be ;-2628 and ends on September 30, 2023 unless the parties mutually agree on an extension or early termination of this Agreement, City's agreement to continue its obligations under this Agreement shall be contingent on the City Council's appropriation of the fluids necessary to operate and maintain the Facility, C. MASTER PLAN FOR OPERATIONS, IRRIGATION AUDIT, AND WATER RIGHTS RESEARCH City and District will endeavor to retain the services of a consultant or consultants to prepare(1) a Master Plan for the Operation of the Facility, (2) an Audit of the state of the irrigation System including recommendations for extent and timing of any required repair � or replacement of the irrigation system, and (3) Water Rights Research and filing of paperwork with the Idaho Department of Water Resources as necessary to assure that the water rights associated with the facility are fully secured, District agrees to contract directly with the mutually selected consultant(s) and District agrees to pay up to a f combined total of$65,000 for such consulting services and deliverables. Subject to mutual agreement, the parties may negotiate for additional funds based on actual quotes for the work, D, USE OF LICENSED PREMISES City or its assignee(s) shall be licensed to operate and maintain the Facility in a manner consistent with other municipal golf course facilities. E. MAINTENANCE AND OPERATION OF THE FACILITY City's maintenance and operation of the Facility during the term of this Agreement shall be consistent with the terms of the Lease agreement dated May 17,2005 referred to in the premises (the "whereas clauses") and incorporated herein by this reference, Specifically, City's(or City's assignee(s)) obligations shall include but are not limited to the following Set-vice Obligations: I. Golf Services. City is hereby authorized to grant tee times to the general public on a Lair and equitable basis, sell, rent, store and/or repair golf equipment; sell golf related clothing and supplies; provide instructional services in the playing of golf; rent power-driven golf cars and manually operated golf carts, 2. Junior Golf Program. i Page 2 Page 270 Item#18. item#17. j i i City shall participate in the promotion of a Junior Golf program. The City will coordinate with schools for instructional use,team practice, matches and tournaments. 3. Food and Beverage Services. City or its assignee is hereby authorized to sell food and beverages, including alcoholic beverages,within the restaurant. City or its assignee must obtain and maintain all City, State and Federal licenses and certificates necessary to operate the food and beverage services in accordance with business and health standards. All employees must be able to meet such associated standards as well. City or its assignee may operate the restaurant facility so as to maintain hours of service in conjunction with all regular golf course activities, including regularly or specially scheduled tournaments. The restaurant may be operated at additional times, so long as it complies with all laws and regulations applicable thereto. City or its assignee may install and maintain, at their own expense, all equipment necessary to operate a food and beverage service. City or its assignee shall provide and maintain the necessary inventory of food and beverage products required to satisfy the public demand thereof. 4. Liquor License, The Idaho State Retail by the Drink License to be included in the sale of golf course assets to District shall be retained in the ownership of the District during the term of this Agreement unless otherwise agreed by the Parties. District shall cooperate with City or City's assignee to utilize the License in connection with the food and beverage services at the Facility, 5. Building and Equipment Maintenance Services. City shall, at his expense, keep and maintain the premises and all buildings, structures, improvements, fixtures, trade fixtures, golf course maintenance equipment and use equipment, including power-driven golf cars and manually operated golf carts, office equipment, and utility systems which may now or hereinafter exist thereon, in good, operable, usable and sanitary order and repair and in a good, safe condition, ordinary wear and tear excepted, throughout the term of this Agreement. City's obligation to maintain equipment shall apply whether the equipment is owned by City or District, including equipment subject to lease agreements held by District. At such time that equiptxuent owned by District has reached the end of its useful life, City shall cooperate with District to declare such items as surplus equipment or otherwise lawfully dispose of such depleted equipment. City, at its sole expense, shall be responsible for replacing any depleted equipment and City shall be responsible for procuring any additional equipment that City deems necessary to meet its maintenance and operations requirements under this Agreement. G. Grounds Maintenance Requirements. City is hereby required to provide grounds maintenance services, including, but not limited to, the obligation to mow, edge, trim, overseed, fertilize, aerate, irrigate, sod, change cups, service tees, topdress, raise divots, rake traps, spray, mop, spot irrigate, syringe, and renovate turf and shrub areas designated hereunder; as well as to provide weed, disease and pest control, tree maintenance, maintenance of irrigation system Page 3 Page 2 Item#18. Item#17. including mainlines,pumps, boosters and controllers, keep swales in good repair and to provide the necessary maintenance of any appurtenant structures and equipment, and other duties as deemed necessary by City. 7. Irrigation System. City shall use its best efforts to maintain and operate the golf course irrigation system in its current state. Upon receipt of the Irrigation System Audit, City and District shall confer and agree upon the best course of action for the long term maintenance and repair of the irrigation system. Neither City nor District have any obligation for the long term maintenance and repair of the irrigation until agreed to in writing. 8. Staff and Employment Practices. During the tern of this Agreement,City intends to maintain an adequate and proper staff to support its maintenance and operations obligations-under this Agreement. City may hire staff directly as City employees, or City may manage staff employed by an independent staffing agency,or some combination thereof, 9. Utilities and Irrigation Assessments. At the commencement of the term of this Agreement, the City shall provide for the transfer of all applicable utility and telephone accounts to City accounts, and thereafter shall provide and pay for any necessary utilities, telephone service, and irrigation assessments at the golf premises. F, PAYMENT OF RENT In consideration for the obligations agreed to by City under this Agreement,and the benefit provided to the public, City shall not owe any monetary rent to District as rent during the : term of this Agreement. City shall be entitled to retain any net profits from golf course operations, and City shall have the obligation to incur any net losses from golf course operations. G. INDEMNIFICATION AND INSURANCE City hereby agrees to indemnify and hold District harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from, the maintenance, use, and/or occupancy of the Facility by City, its agents, assignees, employees, guests, or business invitees. If any claim, suit or action is filed against District for any loss or claim described in this paragraph, to the extent allowed by law City shall defend District and assume all costs, including attorney's fees, associated with the defense or resolution thereof, however District shall not be relieved hereby from liability for its own negligent or willful acts or omissions or that of its employees. In addition, City shall maintain,and specifically agrees to maintain throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Clairns Act set forth in Title b, Chapter 9 of the Idaho Code, and such amount shall be deemed to be the limit of City's covenant to indemnify and save and hold harmless District. Page 4 Page 272 Item#18. fiem#97. In the event the insurance minimums of the Idaho Tout Claims Act are changed, City shall immediately submit Proof of Compliance with the changed Iiinits. N. TERMINATION TERMINATION UPON DEFAULT: If either party is in breach or default of any terms, covenants, or conditions of this Agreement and fails or refuses to cure such breach or default within 180 days of written notice thereof, this Agreement, and all rights conferred by this Agreement, at the non-breaching party's option, may be deemed terminated and forfeited without further notice or demand. Termination action by the non-breaching party shall be tolled as long as the party in breach is actively pursuing reasonable efforts to cure the breach. TERMINATION UPON MUTUAL AGREEMENT: The parties may mutually agree to terminate this agreement in writing at any time. 1. ASSIGNMENT OR TRANSFER City shall not assign,sublet or transfer the City's interest in the licensed premises pursuant to this agreement, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement,without the express written consent of District,which consent shall not be tin reason ably withheld. J. NOTICES 1. All notices or other communications required or permitted under this Agreement shall be in writing and may be given by depositing the same in the United States mail, addressed to the party to be notified,postage prepaid and registered or certified with return receipt requested, by overnight courier, or by delivering the same in person to such party, addressed as follows: To District: Western Ada Recreation District By Mail at: P.O.Box 566 Meridian,ID 83680 By Delivery at:30 E. Franklin Rd Meridian, ID 83642 To City: City of Meridian Attn: City Clerk 33 E. Broadway Avenue Meridian ID 83642 2. Notice shall be deemed given and effective the day personally delivered, the day sent by overnight courier,subject to signature verification,and the day of deposit in the U,S. Page 5 Page 273 I Item#18. I mail, certified, return receipt requested, of a writing addressed and sent as provided above. Any party may change the address for notice by notifying the other parties of such change in accordance with this Section. i K. APPROVAL,BY GOVERNING BOARDS REQUIRED i This Agreement shall not be effective for any purpose whatsoever until it is approved by the parties' respective governing boards. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. I WESTERN ADA RECREATION DISTRICT By; �Wardle, S 1 Board President CITY I+' ERIDIAN � By; Robes E. Sinus n,Ma or __.. Attest; _ -- -- — -- �'rl� _ Chris Johnson, ''ty Clerlc•'•a:,,,�,,,, i 6 r t F t Page 6 Page 274 Item#18. i Item#17. � LICENSE AND MANAGEMENT AGREEMENT BETWEEN j WESTERN ADA RECREATION DISTRICT AND THE CITY OF MERIDIAN FOR MAINTENANCE AND OPERATION OF LAKEVIEW GOLF COURSE I THIS AGREEMENT(the"Agreement")made and entered into this llth day of August 2020, by and between the Western Ada Recreation District, a Recreation District created and organized under Title 31, Chapter 43 of the Idaho Code ("District"), and the City of Meridian, an Idaho municipal corporation("City"). i WHEREAS,City owns real property located at 4200 W Talamore Boulevard in Meridian, which is currently developed as an 18 hole public golf course, driving range, pro shop, restaurant and related facilities known as the Lakeview Golf Course(the"Facility"), WHEREAS, the Facility is currently under lease by the City to Lakeview Meridian Investors, LLC,(the"Leasehold Owners"), WHEREAS, the Leasehold Owners' use of the Facility is pursuant to a certain Agreement of Lease between the City of Meridian and Cherry Lane Recreation, Inc. dated August 13, 1999, which was assigned to the Leasehold Owners in an Assignment of Lease and Amended Leese Agreement between Leasehold Owners,as Lessee, and the City of Meridian,as Lessor,dated May 17,2005 (all collectively referred to as the"Lease"), WHEREAS, District is currently under contract or will be under contract to purchase the assets of the Leasehold Owners,including their interest in the Lease,the leasehold improvements, and certain assets, properties and contractual rights used in connection with the operation of the golf course. WHEREAS, City intends to agree to an assignment of the Lease to District at such time that the purchase of the assets of the Leasehold Owners is completed, WHEREAS, City has proven experience at successfully and efficiently operating, maintaining, and programming public recreation facilities across the City. WHEREAS, District is interested in entering into a partnership with City to support the efficient operation of Lakeview into the future. WHEREAS, District is willing, upon certain terms and conditions, to license the Facility to City for the purposes stated herein for a period of time defined within this Agreement. NOW,THEREFORE, the parties hereto agree as follows: A. GRANT OF LICENSE Page I Page 275 i i Item#18. i Item t117. 3 i I i For and in consideration of promises contained herein, and other good and valuable consideration, District hereby gives and grants to City the non-exclusive right, privilege and license to maintain and operate the Facility, B. TERM OF AGREEMENT /IOko%6, �l�d2v The term of this Agreement commences on t�et�be ;-2628 and ends on September 30, 2023 unless the parties mutually agree on an extension or early termination of this Agreement, City's agreement to continue its obligations under this Agreement shall be contingent on the City Council's appropriation of the fluids necessary to operate and maintain the Facility, C. MASTER PLAN FOR OPERATIONS, IRRIGATION AUDIT, AND WATER RIGHTS RESEARCH City and District will endeavor to retain the services of a consultant or consultants to prepare(1) a Master Plan for the Operation of the Facility, (2) an Audit of the state of the irrigation System including recommendations for extent and timing of any required repair � or replacement of the irrigation system, and (3) Water Rights Research and filing of paperwork with the Idaho Department of Water Resources as necessary to assure that the water rights associated with the facility are fully secured, District agrees to contract directly with the mutually selected consultant(s) and District agrees to pay up to a f combined total of$65,000 for such consulting services and deliverables. Subject to mutual agreement, the parties may negotiate for additional funds based on actual quotes for the work, D, USE OF LICENSED PREMISES City or its assignee(s) shall be licensed to operate and maintain the Facility in a manner consistent with other municipal golf course facilities, E. MAINTENANCE AND OPERATION OF THE FACILITY City's maintenance and operation of the Facility during the term of this Agreement shall be consistent with the terms of the Lease agreement dated May 17,2005 referred to in the premises (the "whereas clauses") and incorporated herein by this reference, Specifically, City's(or City's assignee(s)) obligations shall include but are not limited to the following Set-vice Obligations: I. Golf Services. City is hereby authorized to grant tee times to the general public on a Lair and equitable basis, sell, rent, store and/or repair golf equipment; sell golf related clothing and supplies; provide instructional services in the playing of golf; rent power-driven golf cars and manually operated golf carts, 2, Junior Golf Program. i Page 2 Page 276 Item#18. item#17. j i i City shall participate in the promotion of a Junior Golf program. The City will coordinate with schools for instructional use,team practice, matches and tournaments. 3. Food and Beverage Services. City or its assignee is hereby authorized to sell food and beverages, including alcoholic beverages,within the restaurant. City or its assignee must obtain and maintain all City, State and Federal licenses and certificates necessary to operate the food and beverage services in accordance with business and health standards. All employees must be able to meet such associated standards as well. City or its assignee may operate the restaurant facility so as to maintain hours of service in conjunction with all regular golf course activities, including regularly or specially scheduled tournaments. The restaurant may be operated at additional times, so long as it complies with all laws and regulations applicable thereto. City or its assignee may install and maintain, at their own expense, all equipment necessary to operate a food and beverage service. City or its assignee shall provide and maintain the necessary inventory of food and beverage products required to satisfy the public demand thereof. 4. Liquor License, The Idaho State Retail by the Drink License to be included in the sale of golf course assets to District shall be retained in the ownership of the District during the term of this Agreement unless otherwise agreed by the Parties. District shall cooperate with City or City's assignee to utilize the License in connection with the food and beverage services at the Facility, 5. Building and Equipment Maintenance Services. City shall, at his expense, keep and maintain the premises and all buildings, structures, improvements, fixtures, trade fixtures, golf course maintenance equipment and use equipment, including power-driven golf cars and manually operated golf carts, office equipment, and utility systems which may now or hereinafter exist thereon, in good, operable, usable and sanitary order and repair and in a good, safe condition, ordinary wear and tear excepted, throughout the term of this Agreement. City's obligation to maintain equipment shall apply whether the equipment is owned by City or District, including equipment subject to lease agreements held by District. At such time that equiptxuent owned by District has reached the end of its useful life, City shall cooperate with District to declare such items as surplus equipment or otherwise lawfully dispose of such depleted equipment. City, at its sole expense, shall be responsible for replacing any depleted equipment and City shall be responsible for procuring any additional equipment that City deems necessary to meet its maintenance and operations requirements under this Agreement. G. Grounds Maintenance Requirements. City is hereby required to provide grounds maintenance services, including, but not limited to, the obligation to mow, edge, trim, overseed, fertilize, aerate, irrigate, sod, change cups, service tees, topdress, raise divots, rake traps, spray, mop, spot irrigate, syringe, and renovate turf and shrub areas designated hereunder; as well as to provide weed, disease and pest control, tree maintenance, maintenance of irrigation system Page 3 Page 277 Item#18. Item#17. including mainlines,pumps, boosters and controllers, keep swales in good repair and to provide the necessary maintenance of any appurtenant structures and equipment, and other duties as deemed necessary by City. 7. Irrigation System. City shall use its best efforts to maintain and operate the golf course irrigation system in its current state. Upon receipt of the Irrigation System Audit, City and District shall confer and agree upon the best course of action for the long term maintenance and repair of the irrigation system. Neither City nor District have any obligation for the long term maintenance and repair of the irrigation until agreed to in writing. 8. Staff and Employment Practices. During the tern of this Agreement,City intends to maintain an adequate and proper staff to support its maintenance and operations obligations-under this Agreement. City may hire staff directly as City employees, or City may manage staff employed by an independent staffing agency,or some combination thereof, 9. Utilities and Irrigation Assessments. At the commencement of the term of this Agreement, the City shall provide for the transfer of all applicable utility and telephone accounts to City accounts, and thereafter shall provide and pay for any necessary utilities, telephone service, and irrigation assessments at the golf premises. F, PAYMENT OF RENT In consideration for the obligations agreed to by City under this Agreement,and the benefit provided to the public, City shall not owe any monetary rent to District as rent during the : term of this Agreement. City shall be entitled to retain any net profits from golf course operations, and City shall have the obligation to incur any net losses from golf course operations. G. INDEMNIFICATION AND INSURANCE City hereby agrees to indemnify and hold District harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from, the maintenance, use, and/or occupancy of the Facility by City, its agents, assignees, employees, guests, or business invitees. If any claim, suit or action is filed against District for any loss or claim described in this paragraph, to the extent allowed by law City shall defend District and assume all costs, including attorney's fees, associated with the defense or resolution thereof, however District shall not be relieved hereby from liability for its own negligent or willful acts or omissions or that of its employees. In addition, City shall maintain,and specifically agrees to maintain throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Clairns Act set forth in Title b, Chapter 9 of the Idaho Code, and such amount shall be deemed to be the limit of City's covenant to indemnify and save and hold harmless District. Page 4 Page 278 Item#18. fiem#97. In the event the insurance minimums of the Idaho Tout Claims Act are changed, City shall immediately submit Proof of Compliance with the changed Iiinits. N. TERMINATION TERMINATION UPON DEFAULT: If either party is in breach or default of any terms, covenants, or conditions of this Agreement and fails or refuses to cure such breach or default within 180 days of written notice thereof, this Agreement, and all rights conferred by this Agreement, at the non-breaching party's option, may be deemed terminated and forfeited without further notice or demand. Termination action by the non-breaching party shall be tolled as long as the party in breach is actively pursuing reasonable efforts to cure the breach. TERMINATION UPON MUTUAL AGREEMENT: The parties may mutually agree to terminate this agreement in writing at any time. 1. ASSIGNMENT OR TRANSFER City shall not assign,sublet or transfer the City's interest in the licensed premises pursuant to this agreement, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement,without the express written consent of District,which consent shall not be tin reason ably withheld. J. NOTICES 1. All notices or other communications required or permitted under this Agreement shall be in writing and may be given by depositing the same in the United States mail, addressed to the party to be notified,postage prepaid and registered or certified with return receipt requested, by overnight courier, or by delivering the same in person to such party, addressed as follows: To District: Western Ada Recreation District By Mail at: P.O.Box 566 Meridian,ID 83680 By Delivery at:30 E. Franklin Rd Meridian, ID 83642 To City: City of Meridian Attn: City Clerk 33 E. Broadway Avenue Meridian ID 83642 2. Notice shall be deemed given and effective the day personally delivered, the day sent by overnight courier,subject to signature verification,and the day of deposit in the U,S. Page 5 Page 279 I Item#18. I mail, certified, return receipt requested, of a writing addressed and sent as provided above. Any party may change the address for notice by notifying the other parties of such change in accordance with this Section. i K. APPROVAL,BY GOVERNING BOARDS REQUIRED i This Agreement shall not be effective for any purpose whatsoever until it is approved by the parties' respective governing boards. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. I WESTERN ADA RECREATION DISTRICT By; �Wardle, S 1 Board President CITY I+' ERIDIAN � By; Robes E. Sinus n,Ma or __.. Attest; _ -- -- — -- �'rl� _ Chris Johnson, ''ty Clerlc•'•a:,,,�,,,, i 6 r t F t Page 6 Page 280 Item#19. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Memorandum of Understanding between IAFF Local 4627 and the City of Meridian extending the Collective Labor Agreement through November 30, 2020 Page 281 i l 3 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into this 4th day of November , 2020, by and between IAFF Local 4627 ("UNION") and the City of Meridian ("CITY"), collectively"the Parties." i WHEREAS,the UNION and the CITY are parties to a Collective Labor Agreement effective October 16, 2018 — September 30, 2020 ("CLA") covering various terms and conditions of Employment of the Firefighter employees of the CITY; and I WHEREAS, the CLA has been extended until November 30, 2020 at this time; and WHEREAS,the CITY has changed some employee benefits that the Parties agree to apply to a specific group of CLA covered employees, specifically the current positions covered by the CLA that are assigned to 40-hour per week positions with regard to their vacation leave monthly accruals; and i WHEREAS,the CITY has changed some employee benefits that the Parties agree to apply to the entire CLA bargaining unit, specifically the City's Tuition Reimbursement program and the 2% employee retirement match program; and WHEREAS, the CITY has increased benefits for general employees related to Paid Parental Leave and the Parties continue to negotiate regarding those benefits for bargaining unit employees; and NOW THEREFORE, the CITY and UNION hereby agree as follows: 1. As of the October 2020 pay period, bargaining unit members eligible for 40-hour per week accruals, (i.e., Training Captains, Fire Inspectors, bargaining unit members temporarily assigned to 40-hour per week positions who are accruing at the 40-hour rate) shall accrue their monthly vacation accruals at the same rate as the City general employees pursuant to City Standard Operating Procedure 4.2 Vacation Leave Benefits, Section I, Subsection C: Length of Service Monthly Accrual 0-2 Years 12,00 Hours 3-4 Years 12,50 Hours 5-6 Years 13,00 Hours 7—8 Years r3.501 iour, 0.-1.0 Years 14,00 Hours 11 —12 Years, 111.50 Hours 13-•Its Years 15.00 Hours :15—16 Years 15,50 Hours 17—18 Years 16.00 1 fours 9—20 Years 16.50 Hours 21.---22 Year; 17,00 Hour's Page 282 r i Length of Service Monthly Accrual 23—24 Yeatr 1/ 50 Hours a Plus Years 18.00 Hours i All other terms, including the maximum accrual limit, shall remain as provided in the CLA. i 2. As of the October 2020 pay period, all positions within the CLA shall be allowed to access the i City Retirement Match Program pursuant to City Standard Operating Policy and Procedure 5.6. Attached as Appendix A and incorporated herein. 3. As of the October 2020 pay period, all positions within the CLA shall be allowed to access the City Tuition Reimbursement Program pursuant to City Standard Operating Policy and Procedure 5.4. Attached as Appendix B and incorporated herein, with the exception of Standard Operating Procedure 5.4, Section VI. 4. Paid Parental Leave Standard Operating Policy 4.11 in effect prior to October 2020 will remain effective for bargaining unit members. Attached as Appendix C and incorporated herein. The Parties agree that this MOU shall expire upon the ratification and implementation of a subsequent CLA between the parties, unless otherwise extended by mutual agreement. The Parties intend to incorporate language related to the above provisions in the successor CLA. T lei ountree, President Date Local #4627 PASSED by the City Council of the City of Meridian, Idaho, this y day of \)OVU^Nbe r,2020. APPROVED by the Mayor of the City of Meridian, Idaho, this y day of JDV&Ylbor, 2020. APPROVED: P�Gusr.1 9p� y r Rob rt E. Simison V p5 ATTEST' � �' cFNTER of 2 Chris Lo , Ci y rk o a Item#20. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 20-2240: A Resolution Vacating the 5 Feet Existing Property Drainage, Utility and Maintenance Easements Established Along the Interior Lot Lines of Lots 1-4, Block 4 of the Gemstone Center No. 3, in the City of Meridian,Ada County, State of Idaho Page 284 pE` kt I ADA COUNTY RECORDER Phil McGrane 2020-161009 BOISE IDAHO Pgs=2 BONNIE OBERBILLIG 11/23/2020 12:46 PM RESOLUTION NO. 20-2240 CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN BERNT,BORTON, CAVENER, BY THE CITY C{OUNCIL: HOAGLUN,PERREAULT, STRADER A RESOLUTION VACATING THE 5 FEET EXISTING PROPERTY DRAINAGE, UTILITY AND MAINTENANCE EASEMENTS ESTABLISHED ALONG THE INTERIOR LOT LINES OF LOTS 1-4, BLOCK 4 OF THE GEMSTONE CENTER NO. 3, IN THE CITY OF MERIDIAN,ADA COUNTY,STATE OF ID!AHO;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,on October 20,2020 the City Council of Meridian, held a hearing on the vacation of the 5 feet existing property drainage;utility and maintenance easements established along the interior lot lines of Lots 1-4,Block 4 of the Gemstone Center No. 3, in the City of Meridian,Ada County, State of Idaho; and WHEREAS,after such hearing,the City Council,by formal motion,did approve said described vacation; and NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the vacation of the 5 feet existing property drainage, utility and maintenance easements established along the interior lot lines of Lots 1-4, Block 4 of the Gemstone Center No. 3, in the City of Meridian,Ada County, State of Idaho, as attached in Exhibit A, is hereby vacated. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Passed by the City Council of the City of Meridian,Idaho,this 27th day of October,2020. Ap ved by the M yor of the City of Meridian, Idaho,this 27t"day of October2022 Attest: Mayor Robert E. imi n Chris J rison, it lerlc STATE OF IDAHO ss County of Ada On this 27thh day of November 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 on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set me hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY Notary Public for Idaho COMMISSION#67390 Residing at: Meridian NOTARY PUBLIC Commission expires. 3-28-2022 STATE OF IDAHO MY COMMISSION EXPIRES 3128122 Item#20. EXHIBIT A PLAT OF mL-x.waae�A��F..��NEmm�EN.EN_x•„�sF N. GEMTONE CENTER NO. 3 I A wFo1— I -- 1 P[Rfrp,fi ME uE 1fA SECTION R,T94.,RtE,B.LL, I I ____ NfRLIIMI,YlA CpINTY,IVNq __ 5 EB75_15"E 80O.O0' 1 999 A; y BIIIy n n .�. a 8 I BLOOK a 11 i S �� :wA;�,a, x apm,°•• >o. �I z � �� r.w�a°n�s°a t�."�I,�pi 4��w�� g4 � RIPI-pr-wpT Ina vxeE«b ax"�pnwr�u:wia,p�e"p�.a tr x°�`°w°0°�'rk r�Mi �� «xa, I�eltMlt,e. l6wn w.t.___________.EwRrwl law ♦ Mr m+oaaao•a'No mn ma mw�r�mr rRp�woir m.*p + e I � ��e�L�nwe�'ie euxt m.m pme m Me,wm6neim a oe dlo.ea ey a� ' } � �P011f 6�fIF1YnING Sd 51F'C SO- s A-StMoex��aiyia w���wl nnwwey�evCmew�tlen 8 �' ��4 x ]'IaY('� c SY 5f6'c9L'RW YN RmR Cq n teew+ n4axrt rntpd�wptlawiprtwi�prwia wtr.rwtb. !I^�'� 9.1 IlIb1-AEtr m1M1 Pkxh CW �•rlteol c�i.r u.Y..Iaa sa ar...n Im anll n.a�a.a a. D � I.STATE AVENUE fe.M 5/6eW Rm Mln Ruab c4 ��.tl t 'Tp0�s.wply« d l — x6�w.lbn.In e/ _ 4M�1 �wen�a®p susl a y,6.5p awry ir0 I.ur ux,/.o,Srcaw 9.�iJu.�niE. aA• Ya t crn, w.,nip�e<el taco. _ __________________________-_ t�xMlr,m natacaen ntawliq n pETAIL x4nd!6 FeKr.m--w1q of xeM.m, M,4wiN�erlae ca m°�n m t•r awra aw mrinwlna ai +arm �, xloRx�naint aTmm`erpnnpe.^ IO.,x«as 1 "l- xlm��v omn.t ote....A.i..y. I mei�opi�In:�.,�loon me m.nrt��✓��Pnx9�sr� j 4ein w i I I I �iT AL F.PIf1[AVENUE /1�1 CpRI(R 1/1nL01dE4 _____________________________________=____� Cs.ia w.euel clue wmu88 C[n918S uc Eman6 ENOgl6l.61E1O.INc- Na) Be ee.Idahe Can Boilwnp IE,gloeerp st-IEEr T a wxlae vxRl-nT.wRrF am�pl Gemstone No.3 Vacation—H-2020-0094 Page 286 Item#20. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 20-2241: A Resolution Authorizing the Eighth Continuance of a Local Disaster Emergency Declaration and its Terms for an Additional Thirty (30) Days; Authorizing the Continued Immediate Expenditure of Public Money to Safeguard Life, Health and Property; and Providing an Effective Date. Page 284 ADA COUNTY RECORDER Phil McGrane 2020-163903 BOISE IDAHO Pgs=3 BONNIE OBERBILLIG 11/30/2020 11:14 AM CITY OF MERIDIAN, IDAHO NO FEE RESOLUTION 20-2241 BY THE COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION AUTHORIZING THE EIGHTH CONTINUANCE OF A LOCAL DISASTER EMERGENCY DECLARATION AND ITS TERMS FOR AN ADDITIONAL THIRTY (30) DAYS; AUTHORIZING THE CONTINUED IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH AND PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the 2019 novel coronavirus (COVID-19)pandemic continues to represent an imminent threat to the life, health, and property of the City of Meridian and its citizens; and WHEREAS, a local disaster emergency, as defined in Section 46-1002, Idaho Code, continues to be in existence in the City of Meridian due to the imminent threat to life and property; and WHEREAS, pursuant to the authority granted in Section 46-1011, Idaho Code, the Mayor of the City of Meridian, on March 16, 2020, declared a local disaster emergency; and WHEREAS, on March 17, 2020 the City Council of the City of Meridian passed Resolution 20-2195 ratifying the Mayor's Declaration and authorizing the continuance of the local disaster emergency declaration for a period of thirty (30) days; and WHEREAS, on April 14, 2020 the City Council of the City of Meridian passed Resolution 20- 2203 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on May 12'h, 2020 the City Council of the City of Meridian passed Resolution 20-2210 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on June 9 h, 2020 the City Council of the City of Meridian passed Resolution 20- 2214 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on July 141h 2020, the City Council of the City of Meridian passed Resolution 20-2216 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on August 1 Ph, 2020, the City Council of the City of Meridian passed Resolution 20-2222 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Page 1 WHEREAS, on September 8 h, 2020, the City Council of the City of Meridian passed Resolution 20- 2228 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on October 13'h 2020, the City Council of the City of Meridian passed Resolution 20-2232 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, it is deemed necessary by the Council of the City of Meridian to extend such local disaster emergency declaration for an additional thirty (30) days to provide for the ongoing response to the COVID-19 pandemic; and WHEREAS, Section 67-2808, Idaho Code, authorizes the Council of the City of Meridian to declare an emergency authorizing the immediate expenditure of public money to safeguard life, health or property; and WHEREAS, the Council of the City of Meridian deems it necessary for the health and safety of the citizens of the City of Meridian to continue the authorization for the immediate expenditure of public money to safeguard life, health and property; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Declarations of Local Disaster Emergency pursuant to Resolutions 20- 2195, 20-2203, 20-2210, 20-2214, 20-2216, 20-2222, 20-2228, and 20-2232 shall remain in effect for an additional period of thirty (30) days from the effective date of this Resolution unless terminated, modified or unless extended for thirty (30) day increments. Section 2. That the continued immediate expenditure of public money to safeguard the life, health and property of the City of Meridian is hereby authorized for an additional thirty (30) day increment. Section 3. That this Resolution shall be effective on November 12, 2020, and shall establish an uninterrupted period of Emergency Declaration from March 17, 2020 through midnight on December 11, 2020. Section 4. That this resolution shall supersede and void all other resolutions, orders, or parts thereof that may conflict herewith. Section 5. That a copy of this resolution shall be promptly filed with the Ada County Recorder. RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Page 2 ADOPTED by the Council of the City of Meridian, Idaho, this 4' day of November 2020. APPROVED by the Mayor of the City of Meridian, this 41h day of November 2020. Robert E. Si ison Mayor ATTEST:(�'/L Ca CNi i R117IANr� SF,AL Chris John n City Clerk STATE OF IDAHO ) ss County of Ada ) On this 4th day of November,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. ._.._.. ..___..... ...... -W € CHARLENE WAY € COMMISSION#67390 Notary Public for Idaho E NOTARY PUBLIC Residing at: Meridian,Idaho STATE OF IDAHO MY COMMISWON EXPIRES X28122 Commission expires:3-28-2022 RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Page 3 Item#21. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: AP Invoices for Payment- 10-27-20 - Special - $51,803.31 Page 287 Item#21. 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 4 IMPRINT Crime Prevention Event Material/Halloween Lights 2,579.11 01 General Fund BANK OF AMERICA VISA#5201,9/30/20 payment#3 878.06 01 General Fund BANK OF AMERICA VISA#5201, FY20 Transactions 229.86 01 General Fund BRANDON ESPARZA#3506 PerDiem:B.Esparza,K9Training,Draper,UT 252.00 11/1/20-11/5/20 01 General Fund BRANDON FRASIER#3129 PerDiem:B.Frasier,K9Training,Draper,UT 252.00 11/1/20-11/5/20 01 General Fund BRYAN ALBERS#3189 PerDiem:B.Albers,K9Training,Dra per,UT11/1/20-11/5/... 252.00 01 General Fund DAN VOGT#3133 PerDiem:D.Vogt,K9Training,Draper,UT 11/1/20-11/5/20 252.00 01 General Fund DAVID CUSHING#3193 PerDiem:D.Cushing,K9Training,Draper,UT11/1/20-i1/... 252.00 01 General Fund PORTAPROS, LLC portable toilets for Heritage ball fields 9/10/20 602.80 01 General Fund PORTAPROS, LLC portable toilets for Jabil Fields 9/10/20 425.40 01 General Fund PROFORCE LAW ENFORCEMENT Crowd Control L.L. Firearms 2,214.55 01 General Fund ROBERT YOUNG#3528 PerDiem:R.Young,K9Training,Draper,UTi1/1/20-11/5... 252.00 01 General Fund TYLER MARSTON #3167 PerDiem:T.Marston,K9Training,Draper,UT 252.00 11/1/20-11/5/20 Total 01 General Fund 8,693.78 20 Grant Fund BOYS&GIRLS CLUBS OF ADA COUNTY 20-0129 CDBG PY18 Boys&Girls Club Scholarship 8,500.10 governmental Program 07/0 20 Grant Fund MURRAYSMITH INC 20-0205 CDBG T06003.105-Streetlights Meridian 404.00 governmental Middle 09/20 20 Grant Fund NEIGHBORWORKS BOISE LENDING 20-0341 CDBG Mortgage Assistance Draw Req#2 6,517.00 governmental Aug-Sept202O 20 Grant Fund RESOURCE CONSULTANTS 20-0330 CDBG Contracted Svcs Tech Asst Homebuyer 6,100.00 governmental Asst 09/20 Total 20 Grant Fund 21,521.10 governmental 60 Enterprise BANK OF AMERICA VISA#5201,9/30/20 payment#3 422.34 Fund 60 Enterprise BANK OF AMERICA VISA#5201, FY20 Transactions 141.12 Fund 60 Enterprise CHALLENGER COMPANIES, INC. 20-0353 WRRF ATS Replacement Design Svcs to 14,165.92 Fund 9/30/2020 60 Enterprise CHALLENGER COMPANIES, INC. Labor to install underground conduit at Landing lift 4,200.00 Fund station Page 288 Date:10/27/20 12:39:11 PM Page:1 Item#21. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise CHALLENGER COMPANIES, INC. No PO WRRF Cap Exp Conduit Repair Svc to 9/30/2020 437.05 Fund 60 Enterprise CHALLENGER COMPANIES, INC. Tertiary control panel (1 qty) 2,222.00 Fund Total 60 Enterprise 21,588.43 Fund Report Total 51,803.31 Page 289 Date:10/27/20 12:39:11 PM Page:2 Item#22. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: AP Invoices for Payment- 10-28-20 - $5,283.50 Page 290 Item#22. 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 IDAHO CHILD SUPPORT RECEIPTING Case#251042 B.Caldwell Child Supports October 2020 363.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#262519 T.Bryner Child Support October 2020 1,174.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#311213 M.Payne Child Support October 2020 317.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#321962 M.Gould Child Support October 2020 821.71 Total 01 General Fund 2,675.71 60 Enterprise IDAHO CHILD SUPPORT RECEIPTING Case#326566 N.Howell Child Support October 2020 299.00 Fund 60 Enterprise IDAHO CHILD SUPPORT RECEIPTING Case#344238 B.Kerr Child Support October 2020 443.00 Fund 60 Enterprise IDAHO CHILD SUPPORT RECEIPTING Case#352719 B.Arte Child Support October 2020 349.00 Fund 60 Enterprise IDAHO CHILD SUPPORT RECEIPTING Case#352975 B.Blake Child Support October 2020 641.65 Fund 60 Enterprise IDAHO CHILD SUPPORT RECEIPTING Case#354376 M.Edwards Child Support October 2020 221.64 Fund 60 Enterprise IDAHO STATE TAX COMMISSION ID#L1704547008 D.Heaton Oct 2020#2375605 653.50 Fund Total 60 Enterprise 2,607.79 Fund Report Total 5,283.50 Page 291 Date:10/28/20 02:30:00 PM Page:1 Item#23. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: AP Invoices for Payment- 11-03-20 - $786,413.41 Page 292 Item#23. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund ADA COUNTY PARAMEDICS 220/5 First Aid,CPR AED Cards,city training 100.00 01 General Fund ADA COUNTY SHERIFF'S OFFICE 21-0075 220/Dispatch services,Oct-Dec 2020 27,242.86 01 General Fund ADVANCE AUTO PARTS fuel additive for rented air compressor for irrigation x 2 27.58 01 General Fund ADVANCE AUTO PARTS motor treatment for small engines-qty 2 22.06 01 General Fund ADVANCE AUTO PARTS WD-40 for Storey Park Shop-qty 2 13.78 01 General Fund ADVANCE AUTO PARTS wiper blades for fleet truck#3-qty 3 29.46 01 General Fund BERRY ELECTRICAL SERVICES,INC. 20-0012 Streetlight Repair Pole#41155C 648.85 01 General Fund BIG VALLEY SUPPLY sprayer tanks for Kleiner&Fuller Parks 910.00 01 General Fund BOISE STATE UNIVERSITY X00066267 S. Coaianni, Becoming a Leader,On-line 340.00 01 General Fund BRODY CHEMICAL INC. granular ice melt-qty 10 6,739.99 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF for UNit# 144 54.99 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Rt Headlight for Unit# 133 79.99 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Overpayment on Acct 07/23/20 (50.00) 01 General Fund BUSINESS MANAGEMENT DAILY HR Employment Law Subscription (Qty 12 issues)for 199.00 Crystal R 01 General Fund BUSINESS MANAGEMENT DAILY The HR Specialist Subscription(QTY 12 issues)for 199.00 Crystal R 01 General Fund CENTURYLINK CENTREX phone lines, Homecourt, FS#1 751.86 10/19-11/18/20 01 General Fund CITY OF MERIDIAN EMPLOYEE City of Meridian Cobra Plan Feb 2020 B.Nielsen 581.37 BENEFITS PLAN TRUST 01 General Fund CLIMA-TECH CORPORATION HVAC Controls Soffware Support Annual Agreement 3,097.50 Oct bill 01 General Fund COTTONWOOD DEVELOPMENT, LLC Refund:Perf Surety Dep Volterra Heights Sub. No.4 144,650.86 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 hammer drill, blade,&battery for Storey Park-qty 3 437.77 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 DATEC,INC 20-0372 Havis Laptop Vehicle Dock 27,555.00 01 General Fund DISCOVERY BENEFITS Discovery Benefits/WEX monthly COBRA, FSA,and HSA 1,400.10 charges 01 General Fund DYNA SYSTEMS bolts,washers,grease zerks-qty 260 120.42 01 General Fund EMCR FY21 Ada Co Emergency Mgmt 1st Qtr Contributions 4,923.25 01 General Fund EXECUTIVEPULSE INC Executive Pulse Software Maintenance 10/1/20-9/30/21 1,275.00 01 General Fund FASTENAL COMPANY shovels-qty 15 249.85 01 General Fund FASTENAL COMPANY zip ties&mounting pads for Christmas lights-qty 392.80 5,500 01 General Fund GEM STATE PAPER&SUPPLY CO 20-0374 cleaners, hand soap-qty 18 684.09 Page 293 Date:10/27/20 01:28:50 PM Page:1 Item#23. 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 GEM STATE PAPER&SUPPLY CO 20-0374 cloths&toilet paper-qty 5 287.15 01 General Fund H.D. FOWLER COMPANY irrigation parts for Heroes Park-qty 10 8.30 01 General Fund HIGHWAY PRODUCTS INC fleet truck 13 bed slide-qty 1 3,388.31 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 4mm-.7x25mm Metric Machine Screw 1.24 01 General Fund HOME DEPOT CREDIT SERVICES 6 heavy duty door stops; 10 kick down door stops 207.48 01 General Fund IDAHO POST ACADEMY Training Registration for J. Bridges, DT Arcon 600.00 Intstructor 01 General Fund IDAHO POST ACADEMY Training Registration for].Federico,Instructor 300.00 Development 01 General Fund IDAHO POWER 2224444402 Fuller Park Oct 2020 09/10/20-10/08/20 688.10 01 General Fund IDAHO PRESS-TRIBUNE Legal notice ORD20-1898 Code update MSU&VIL 25.72 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice Ord20-1901 Shelburne 10/23 119.80 01 General Fund IDAHO PRESS-TRIBUNE Ordinance 20-1899 Poiema Subdivision Annexation 119.80 01 General Fund IDAHO PRESS-TRIBUNE PH Person Sub H-2020-0075 Modern Craftsman Fee 241.62 Schedule 01 General Fund IDAHO STATE POLICE PD Access Fee County or Municipal ILETS Oct-Dec 2020 5,000.00 01 General Fund IRRIGATION Irrigation Auditor Certification for R Norberg 2020-2021 125.00 ASSOCIATION--CERTIFICATION 01 General Fund JAYKER WHOLESALE NURSERY trees for tree plantings in parks-qty 36 7,933.20 01 General Fund KATHY DRURY-BOGLE, PHR Consulting Services- BEST employee development 4,000.00 Aug-Sept 2020 01 General Fund KB PRINTS Uniforms New Hire Academy Qty.24 297.00 01 General Fund LAWN CO MAINTENANCE downtown tree box work 09/30/20 1,200.00 01 General Fund LEVEL 3 COMMUNICATIONS, LLC. Level 3 Communications Telephone,9/17- 10/16/20 1,001.40 268238 01 General Fund M2M WIRELESS Parks Modem Service 9/17- 10/16/20 Qty 31 256.49 01 General Fund MARTA ROJAS Refund:Evidence Ret to Owner DR#19-3602 CR20-872 37.00 9/23/20 01 General Fund MCDOWELLS SPECIALTY REPAIRS Tint Front Windows for Unit# 24 Nissan Frontier 88.00 01 General Fund MERCER HEALTH&BENEFITS Benefits Brokerage&Consulting Services Oct 2020 5,000.00 01 General Fund MERIDIAN AUTOMOTIVE&MACHINE fleet truck 19 engine review-license C17707 113.29 01 General Fund MINUTEMAN LOCK&SECURITY 220/keys to secure house for training burn 14.00 01 General Fund MINUTEMAN LOCK&SECURITY repair broken key in Kleiner Park north restroom chase 105.00 01 General Fund MOBILE CRIME SCENE ACADEMY LLC Training:].Whilden,CrimeScnInvCrs,Nampa,ID10/5/20... 450.00 Page 294 Date:10/27/20 01:28:50 PM Page:2 Item#23. 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 MODERN PRINTERS Business Cards and False Alarm Reports 157.00 01 General Fund MODERN PRINTERS Flyers for MADC Qty.700 90.00 01 General Fund MODERN PRINTERS Printed Envelopes Com Dev Qty 500 54.00 01 General Fund MOTIONS DANCE STUDIO instructor fee-Capoeira,Tumble,Flip,LittleNinjas 2,668.00 9/1-10/9/20 01 General Fund MOUNTAIN WEST, LLC bark for Renaissance Park-qty 110 3,015.00 01 General Fund NAMPA-MERIDIAN IRRIGATION DIST South Slough Pathway agreement review 200.00 01 General Fund NAPA AUTO PARTS Washer Fluid 16.14 01 General Fund OFFICE DEPOT, INC. 220/Binders,TZ tape,envelopes 57.29 01 General Fund OFFICE DEPOT,INC. 220/Certificate paper 7.50 01 General Fund OFFICE DEPOT,INC. 220/China marker, pop up post its 12.14 01 General Fund OFFICE DEPOT, INC. 220/Desk organizers, PSTC-Lance and Coit 56.92 01 General Fund OFFICE DEPOT,INC. 220/Document covers 16.11 01 General Fund OFFICE DEPOT,INC. 220/laminating pouches 4.08 01 General Fund OFFICE DEPOT, INC. Electrical tape&post it flags for the Mayors office 8.11 01 General Fund OFFICE DEPOT, INC. mailing labels-qty 1 box 23.76 01 General Fund OFFICE DEPOT,INC. notebook-qty 6 8.22 01 General Fund OFFICE DEPOT,INC. Office Supply Refill -Letter Openers 1.49 01 General Fund OFFICE DEPOT, INC. pen&mouse pad-qty 3 4.98 01 General Fund OFFICE DEPOT,INC. Pop up Notes,Correction Tape, Pencils, Paper, 42.60 Markers,Cale 01 General Fund OFFICE DEPOT, INC. Printer, M479fdw, Laser, HP,Col 464.97 01 General Fund OFFICE DEPOT, INC. refund of duplicate-minus paper Inv#124358555001 (1,284.16) 01 General Fund OFFICE DEPOT,INC. Settlers Park playground construction signs 17.97 01 General Fund OFFICE DEPOT,INC. tab dividers,planner, keyboard wrist rest,calendar, 78.27 pencil 01 General Fund OFFICE DEPOT,INC. Tabs, Plan Review Qty.5 23.50 01 General Fund OFFICE DEPOT,INC. varidesk for City Arborist-qty 1 395.00 01 General Fund PUBLIC AGENCY TRAINING COUNCIL Training Registration for S.Frazier, Leadership Institute 525.00 01 General Fund RESOURCE X 21-0061 2020 PBBi Software and Support Package 20,000.00 01 General Fund RICOH USA,INC Paid March Invoices,took credit,also entered credit 364.74 memo 01 General Fund SHAW SHOOTING INC. T.Erickson/E.Kinnaman,Firearms 2,380.00 Training&Lodging,HagermanID 01 General Fund SHRED-IT USA, LLC. Document Shredding Services for September 2020 61.42 01 General Fund SHRED-IT USA, LLC. Finance, MUBS,Clerks Shred Services 09/20 115.50 01 General Fund SIGTRONICS CORPORATION 220/repair intercom system for headsets in E34 93.81 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 Page 295 Date:10/27/20 01:28:50 PM Page:3 Item#23. 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 sprinklers for Kleiner Park-qty 35 359.07 01 General Fund SOCIETY-HUMAN RESOURCE MNGMT Professional Membership for SHRM-for Christena 219.00 Barney 2021 01 General Fund SPECIALTY CONSTRUCTION SUPPLY part of traffic control for tree work at 2nd&Main 15.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY striping paint for Flag Football League-qty 24 119.52 01 General Fund ST LUKE'S PORTICO NORTH St. Lukes Fit One challenge resigstration 535.00 01 General Fund STACY REDMAN Reimb:Mileage personal vehicle remote work 8/20-917 18.40 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/MFO14-Check engine light, Low coolant 91.80 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 STAR FIRE DISTRICT MAINTENANCE 21-0028 220/MF041 - LDH Valve leaking 530.72 DIVISION 01 General Fund STAR FIRE DISTRICT MAINTENANCE 21-0028 220/MF041 LDH Discharge leaking 127.50 DIVISION 01 General Fund STEELMAN PLUMBING Replaced sink stainer and down pipe in sink at 112.00 Congress Ste 01 General Fund T-ZERS SHIRT SHOP,INC 220/Jackets(6)-Administration 295.25 01 General Fund TENZINGA Tenzinga Performance Management Annual License Fee 480.00 01 General Fund TENZINGA Tenzinga Performance Management Annual License 480.00 Fee APRILFY20 01 General Fund TENZINGA Tenzinga Performance Management Annual License 480.00 Fee OCT FY21 01 General Fund THE UPS STORE#2586 Postage to Mail Evidence to Lab 57.01 01 General Fund TRANE U.S. INC. 21-0016 FY21 Chiller Service Agreement Annual FY21 2,708.24 01 General Fund UNIFORMS 2 GEAR 20-0068 220/Zipper for boot(1)-Schuler 26.37 01 General Fund UNIFORMS 2 GEAR 220/Zipper for boot(1)-Schuler 26.37 01 General Fund UNIFORMS 2 GEAR New Hire Gear for Bustos 95.45 01 General Fund UNIFORMS 2 GEAR New Hire Gear for F. Rudan 94.01 01 General Fund UNIFORMS 2 GEAR New Hire Gear for Glynn 16.64 Page 296 Date:10/27/20 01:28:50 PM Page:4 Item#23. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount O1 General Fund UNIFORMS 2 GEAR New Hire Gear for Story 78.12 O1 General Fund UNIFORMS 2 GEAR New Hire Gear,A. Story 1,032.55 O1 General Fund UNIFORMS 2 GEAR New Hire Gear, Beaston 94.76 O1 General Fund UNIFORMS 2 GEAR New Hire Gear, Frauenpreis 94.76 O1 General Fund UNIFORMS 2 GEAR New Hire Gear,Glynn 102.96 O1 General Fund UNIFORMS 2 GEAR New Hire Gear,Semon 15.78 O1 General Fund UNIFORMS 2 GEAR PD Badge Patch Velcro for External Carriers Qty.15 67.50 O1 General Fund VERIZON FINANCIAL SERVICES, LLC. 965467287-00001 Data Plan #1 09/21 - 10/20/20 1,234.18 BELLEVUE O1 General Fund VERIZON FINANCIAL SERVICES, LLC. 965467287-00002 Cellphones-9/21 - 10/20/20 9,343.80 BELLEVUE O1 General Fund VERIZON FINANCIAL SERVICES, LLC. 965467287-00003 Data Plan #2-9/21 - 10/20/20 613.78 BELLEVUE O1 General Fund WIENHOFF DRUG TESTING Pre-Employment and Random Drug Testing 285.00 Total 01 General Fund 315,735.24 07 Impact Fund CSHQA 20-0163 Design Services Scenario Village Thru 42,500.00 09/30/20 Total 07 Impact Fund 42,500.00 60 Enterprise ACME INSULATION Refund:dumpster deposit 200 E. Carlton Ave. 280.12 Fund 60 Enterprise ADA COUNTY HIGHWAY DISTRICT 20-0312 ACHD-IOMi-Ustick-McMillian W/S Imp Svcs to 40,991.36 Fund 8/31/2020 60 Enterprise ADVANCE AUTO PARTS Automotive Battery,C15632,WO#312339, FY20 137.13 Fund 60 Enterprise BILLING DOCUMENT SPECIALISTS 20-0004 FY20 Lockbox Payment Processing Sept 2020 1,393.44 Fund 60 Enterprise BROWN&CALDWELL 20-0357 WRRF Fermenter Evaluation Svcs to 9/30/202C 1,529.00 Fund 60 Enterprise BROWN&CALDWELL FY20 WRRF Cap. Exp. B&C Svcs through 9/30/2020 27,820.91 Fund 60 Enterprise CARROLL CONSTRUCTION Refund dumpster deposit 100 S.Adkin Way 170.60 Fund 60 Enterprise CENTURYLINK CENTREX phone lines, Homecourt, FS#1 637.72 Fund 10/19-11/18/20 60 Enterprise CH2M HILL ENGINEERS, INC 20-0038 SCADA technical support at WRRF(4.75 hrs) 894.87 Fund Page 297 Date:10/27/20 01:28:50 PM Page:5 Item#23. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise CH2M HILL ENGINEERS, INC 20-0326 WRRF UV Replacement Study Svc to 9/30/20 4,455.61 Fund 60 Enterprise CH2M HILL ENGINEERS, INC 20-0379 WRRF Air quaulity permit to construct 4,593.40 Fund modification 60 Enterprise CH2M HILL ENGINEERS, INC 20-0387 COI to Task Order 10939.a.A WRRF Post 4,665.08 Fund Aeration Impro 60 Enterprise CIVIL SURVEY CONSULTANTS 16-0366;19-0375 COI ACHD Meridian Rd Ut Imp to 550.00 Fund 09/30/20FINAL 60 Enterprise COASTLINE EQUIPMENT COMPANY Backhoe Annual Service,WO#309450 1,934.44 Fund 60 Enterprise COTTONWOOD DEVELOPMENT, LLC Refund:Perf Surety Dep Volterra Heights Sub. No.4 235,990.75 Fund 60 Enterprise CSS GROUP Translore License/Tickets Aug FY20 312.28 Fund 60 Enterprise D&B SUPPLY Bib Overalls,3. Chandler,Qty 1, FY21 119.99 Fund 60 Enterprise D&B SUPPLY Coarse Dryall 6x1 llb. Qty 1 5.79 Fund 60 Enterprise D&B SUPPLY Hi-Vis rain jacket for DDuffield(I qty), pruner&axe(3 184.97 Fund qt 60 Enterprise D&B SUPPLY Safety boots for RRhoads 219.99 Fund 60 Enterprise D&B SUPPLY Winter bib overalls for TRoper(1 qty) 98.99 Fund 60 Enterprise DUBOIS CHEMICALS INC 21-0006 Ferric chloride(45,100 Ibs) 7,712.10 Fund 60 Enterprise DYKMAN ELECTRICAL,INC SCADA tower for UPS,generator bldg(1 qty) 1,204.54 Fund 60 Enterprise EMCR FY21 Ada Co Emergency Mgmt 1st Qtr Contributions 4,923.25 Fund 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0007,Compliance Sampling @ Well 80.00 Fund 28,WO#292261,FY20 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0019,OCCT Pilot Study @ Wel 19, FY20 160.00 Fund 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0019,OCCT Pilot Study @ Well 19, FY20 522.00 Fund 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#21-0037, Lead&Copper Sampling 540.00 Fund 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#21-0037, Lead&Copper Sampling, FY21 320.00 Fund Page 298 Date:10/27/20 01:28:50 PM Page:6 Item#23. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#21-0037,OCCT Pilot Study @ Well 19 260.00 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Solenoid/coil rebuild kit for grinder wash press(3 qty) 322.56 Fund 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 60 Enterprise HOME DEPOT CREDIT SERVICES Wire Lock Pins, Lag Screw,Qty 13,WO#312322, FY21 45.57 Fund 60 Enterprise HYDRO LOGIC INC 19-0122;20-0409 TO 10625.g Well 15 Reco Phase 2 27,013.51 Fund FINAL 60 Enterprise IDAHO PRESS-TRIBUNE East State Ave.Water Sewer Bid Advertisement 44.22 Fund 60 Enterprise IDEXX LABORATORIES Bateria testing media&trays(3 qty) 1,725.67 Fund 60 Enterprise IDEXX LABORATORIES Bateria testing vessels(1 cs) 175.80 Fund 60 Enterprise INSTRUMENT TECHNOLOGIES INC. Calibration/verification of flow indicators(2 qty) 350.00 Fund 60 Enterprise INSTRUMENT TECHNOLOGIES INC. Calibrations/verifications of flow indicators(12 qty) 2,100.00 Fund 60 Enterprise INTERMOUNTAIN SPECIALTY GASES Calibration gas for gas detectors(1 qty) 46.80 Fund 60 Enterprise INTERSTATE ALL BATTERY CENTER Automotive Battery,C10815,WO#313635,FY21 153.70 Fund 60 Enterprise INTERSTATE ALL BATTERY CENTER Battery for 2017 Kawasaki mule(1 qty) 57.20 Fund 60 Enterprise JAMES AND MARY E. LAMPARTER Refund:Wat/Sew/Trash:3871 S.Capulet Ave 69.00 Fund 60 Enterprise JOHNSON CONTROLS FIRE Labor to change out IP dialers&setup monitoring 774.00 Fund PROTECTION LP accts at Page 299 Date:10/27/20 01:28:50 PM Page:7 Item#23. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise JUB ENGINEERS 20-0142 TO On-Call Master Planning Support Services 11,048.40 Fund FINAL 60 Enterprise JUB ENGINEERS 20-0164 S/N Black Cat Lift St. Imp to 9/30/2020 4,591.00 Fund 60 Enterprise JUB ENGINEERS 20-0382 NW Sewer Phasing Analysis Services to 4,111.90 Fund 9/30/2020 60 Enterprise JUB ENGINEERS 20-0383 Well 31 Water Trtmt Svc to 9/30/2020 1,007.00 Fund 60 Enterprise JUB ENGINEERS 20-0395 COI - Eagle Rd.Victory to Amity Water Sewer 2,662.00 Fund Improve 60 Enterprise KAMAN INDUSTRIAL TECHNOLOGIES Bearings for screw sucker pump(2 qty) 98.87 Fund 60 Enterprise KAMAN INDUSTRIAL TECHNOLOGIES Bearings to repair pump 1,tertiary filter 4(2 qty) 245.36 Fund 60 Enterprise KAMAN INDUSTRIAL TECHNOLOGIES Belts(8 qty) 85.24 Fund 60 Enterprise KAMAN INDUSTRIAL TECHNOLOGIES Pillow block&synchronous belt(3 qty) 233.69 Fund 60 Enterprise KAMAN INDUSTRIAL TECHNOLOGIES Pillow block bearing to repair grit snail in Headworks(2 178.36 Fund qt 60 Enterprise KAMAN INDUSTRIAL TECHNOLOGIES Returned bearing cone(4 qty) (766.52) Fund 60 Enterprise KAMAN INDUSTRIAL TECHNOLOGIES V-belt(7 qty) 36.47 Fund 60 Enterprise LAWN CO MAINTENANCE PO#21-0065, Lawn Care for Well Sites,Oct FY21 2,560.00 Fund 60 Enterprise LESLIE&SANDRA SPEAKMAN REFUND WT/S/T: 1833 W Apgar Creek Dr Owner 6.46 Fund Overpaid 60 Enterprise MARK HONESTO Refund dumpster deposit 436 W.Chrisfield Dr. 202.55 Fund 60 Enterprise METROQUIP, INC. Clamps to repair fire hose on vactor hydrocleaner(4 5.72 Fund qty) 60 Enterprise METROQUIP, INC. Fittings to make hydrocleaners interchangable 53.80 Fund w/excavation 60 Enterprise METROQUIP, INC. Labor&parts to repair hydro hose,wire replacement, 2,149.78 Fund (11.51 60 Enterprise METROQUIP, INC. Vacuum Trailer Suction Hose,Qty 1, FY21 190.28 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. 1/2 inch tap for shop(1 qty) 27.13 Fund Page 300 Date:10/27/20 01:28:50 PM Page:8 Item#23. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 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. Bolts for tertiary filter bearing housing for stock(20 qty) 72.00 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Electrical room door stickers for Admin&Maintenance 20.98 Fund bldgs 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Hazard NFP stickers per MFD inspection(3 qty) 55.29 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. HD extension cords for plant(2 qty) 186.90 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Head flashlights for low light work(8 qty) 270.64 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. HVAC filters(10 qty) 233.80 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Marking Paint, Red,Qty 24 117.36 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Nitrile gloves(20 bxs)&HVAC filters(4 qty) 483.34 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 ground clamp for plasma table(1 qty) 62.16 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. Replacement sight glass for desicant tank on methane 26.89 Fund (1 qty) 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. SS hose for screens at Headworks(1 qty) 105.77 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Tool way replacement covers for mill(1 qty) 198.39 Fund 60 Enterprise MURRAYSMITH INC 18-0333 Water System Model Support 2018-2019 182.00 Fund 60 Enterprise MURRAYSMITH INC 19-0257 ACHD-10Mi-McMillan-Chinden W/S Imp.to 230.00 Fund 9/30/2020 Page 301 Date:10/27/20 01:28:50 PM Page:9 Item#23. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise MURRAYSMITH INC 20-0125 TO 10708.b Water and Sewer Main 4,879.00 Fund Replacement to 09/30 60 Enterprise O'REILLY AUTO PARTS Break cleaner,acetone for cleaning paint gun(14 qty) 42.36 Fund 60 Enterprise OFFICE DEPOT, INC. Business card holders, pencil cup,tape dispenser,(11 59.34 Fund qty) 60 Enterprise OFFICE DEPOT,INC. Calculator 10 Key for Maria 56.81 Fund 60 Enterprise OFFICE DEPOT, INC. Credit for not receiving stapler(1 qty) (19.88) Fund 60 Enterprise OFFICE DEPOT,INC. Desk organizer(1 qty) 19.99 Fund 60 Enterprise OFFICE DEPOT,INC. Glove holder clips(4 pkgs) 78.36 Fund 60 Enterprise OFFICE DEPOT, INC. Hanging file folders(3 bxs) 38.88 Fund 60 Enterprise OFFICE DEPOT,INC. Hanging files,4x6 note pads,3x5 note pads for PW CH 50.45 Fund 60 Enterprise OFFICE DEPOT, INC. Mechinical Pencial for PW City Hall Received 10/21 5.16 Fund 60 Enterprise OFFICE DEPOT,INC. No PO Refund for Printer Toner 410A (214.76) Fund 60 Enterprise OFFICE DEPOT, INC. Pop up Notes,Correction Tape, Pencils, Paper, 84.94 Fund Markers,Cale 60 Enterprise OFFICE DEPOT,INC. Replacement Keyboard and Mouse for Peter Frame 18.21 Fund 60 Enterprise OFFICE DEPOT,INC. Scissors&task notes(3 qty) 22.27 Fund 60 Enterprise OFFICE DEPOT, INC. Stapler(3 qty) 59.64 Fund 60 Enterprise PACIFIC STEEL&RECYCLING 2 inch SS pipe for mixed liquor channel sprayer project 404.19 Fund (2 q 60 Enterprise PARAMOUNT SUPPLY CO. Lone star blower ASCO coil(1 qty) 135.00 Fund 60 Enterprise PARAMOUNT SUPPLY CO. Vacuum pump solenoid for screw sucker pump(1 qty) 134.10 Fund 60 Enterprise PATRICIA L AMPTMAN Refund:Wat/Sew/Trash: 909 W. Carlton Ave. 200.00 Fund 60 Enterprise PROMIUM, LLC. Element, LIMS annual maintenance for the period of 4,695.00 Fund 11/1/20-1 Page 302 Date:10/27/20 01:28:50 PM Page:10 Item#23. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise ROCKY MOUNTAIN COLLISION Emissions Test,C17425,WO#310938 9.98 Fund 60 Enterprise ROCKY MOUNTAIN COLLISION Emissions Test,C8346,WO#310477 9.98 Fund 60 Enterprise SHRED-IT USA, LLC. Finance, MUBS,Clerks Shred Services 09/20 57.75 Fund 60 Enterprise USA BLUEBOOK Blue-White 2 channel replacement roller assembly(1 228.16 Fund qty) 60 Enterprise USA BLUEBOOK Disinfectant wipes- Not COVID Related(12 qty) 242.63 Fund 60 Enterprise USA BLUEBOOK Food Grade Grease for Hydrants,Qty 12 100.69 Fund 60 Enterprise USA BLUEBOOK Marking Paint, Blue,Green,Threaded Tee,Qty 15 777.67 Fund 60 Enterprise VERIZON FINANCIAL SERVICES, LLC. 272508216-00001 Water Dept Modem Emergency 7.06 Fund BELLEVUE Communication 9/2 60 Enterprise VERIZON FINANCIAL SERVICES, LLC. 965467287-00001 Data Plan #1 09/21 - 10/20/20 971.01 Fund BELLEVUE 60 Enterprise VERIZON FINANCIAL SERVICES, LLC. 965467287-00002 Cellphones-9/21 - 10/20/20 3,142.60 Fund BELLEVUE 60 Enterprise VERIZON FINANCIAL SERVICES, LLC. 965467287-00003 Data Plan #2-9/21 - 10/20/20 191.24 Fund BELLEVUE 60 Enterprise VERIZON FINANCIAL SERVICES, LLC. 965467287-00005 Data Plan #3 09/21 - 10/20/20 1,237.81 Fund BELLEVUE 60 Enterprise VERMEER ROCKY MOUNTAIN,INC. Vac Rental from 10/7-10/13 1,350.00 Fund 60 Enterprise VWR INTERNATIONAL LLC. Discharge tube for bottle top dispenser(1 qty) 122.08 Fund Total 60 Enterprise 428,178.17 Fund Report Total 786,413.41 Page 303 Date:10/27/20 01:28:50 PM Page:11 Future Meeting Topics — Public Forum Signing up prior to the start of the meeting is required. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active Land Use/Development Application. By Law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that a topic be added to a future meeting agenda for more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: November 4, 2020 Prior to the commencement of the meeting a person wishing to address the Mayor and City Council MUST sign in and limit their comments to the matter described below. Complaints about individuals, city staff, business or private matters will not be allowed. Testimony or comment on an active application or proposal that is or will be pending before Planning and Zoning or City Council is strictly prohibited by Idaho law. Each speaker will have up to three (3) minutes to address the Mayor and Council, but the chair may stop the speaker if the matter does appear to violate guidelines, varies from the topic identified on this sign in sheet or other provisions of law or policy. Print Name Provide Description of Discussion Topic Item#24. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Proposed Winter/Spring 2021 Fee Schedule of the Meridian Parks and Recreation Department Page 304 i I f PUBLIC HEARING SIGN IN SHEET DATE: November 4, 2020 ITEM # ON AGENDA: 24 3 PROJECT NAME: Proposed Winter/Spring 2021 Fee Schedule of the Meridian Parks and Recreation Department PRINTED FULL NAME For Against Neutral Want to Testify i YES OR NO ! 1 j i 2 3 4 5 6 7 8 9 10 11 12 13 14 Item#24. CITY OF MERIDIAN RESOLUTION NO. 20-2236 BY THE CITY COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN,PERREAULT, STRADER A RESOLUTION ADOPTING NEW FEES OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice in the Meridian Press on October 23, 2020 and October 30, 2020, according to the requirements of Idaho Code section 63-1311A, on November 4, 2020 the City Council of the City of Meridian held a hearing on the adoption of proposed new fees of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council,by formal motion, did approve said proposed new fees of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the 2021 Winter//Spring Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the fees adopted for the 2021 Winter/Spring Activity Guide shall remain in effect as to those classes until such classes are concluded, at which point the fees set forth in Exhibit A hereto shall supersede any and all fees for the enumerated services previously adopted. Section 3. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 4. 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 day of Nov. 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this day of Nov. 2020. APPROVED: Robert Simison, Mayor ATTEST: Chris Johnson, City Clerk ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 1 OF 4 page 305 Item#24. CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Wednesday, November 4, 2020, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed new and amended fees as set forth below. Further information is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Proposed new or amended fees: EXHIBIT A 2021 Winter/Spring Winter/Spring Activity Guide Class Fees: Early Stem Parent-child workshops $85.00 Spring Break Space Camp $85.00 Fairy Gardens $35.00 Dazzle &Dance $30.00 - $35.00 Capoeira Class $35.00 Rec 1 Cheer $35.00 Rec 2 Cheer $35.00 Rec 3 Cheer $38.00 Rec 4 Cheer $40.00 Homeschool Rec Cheer $40.00 Intermediate Rec Cheer $40.00 All Star 1.1 Cheer $50.00 All Star Crossover Cheer $25.00 All Star 2.2 Cheer $50.00 Tumble & Twist $30.00 - $35.00 Tumbling Little Ninja $35.00 Tumble &Flip $35.00 Acro $35.00 Introduction to the sport of Fencing $100.00 Amazing Athletes $72.00 Martial Arts for all Ages $40.00 Little Pallets Art Classes $50.00 - $65.00 Introduction to Rock Climbing $210.00 Intermediate Level Rock Climbing $270.00 Winter Break Camp $110.00 CPR Class $50.00 Yoga-All Levels $42.00 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 2 OF page 306 Item#24. Yoga-Gentle Yoga $42.00 Yoga-Beyond the Basics $42.00 Yoga-Unlimited Yoga $54.00 Somatic Yoga& Gentle Stretch $42.00 Intro to Yoga Workshop $10.00 Yoga&Painting $40.00 Yin&Restorative Yoga $10.00 Jazzercise $45.00 - $55.00 Pickeball 101 $60.00 Line Dancing-Beginner $20.00 - $25.00 Line Dancing-Intermediate $20.00 - $25.00 Line Dancing-Option days $75.00 Intermediate 2-step $50.00 - $60.00 West Coast Swing $50.00 - $60.00 Country Dance Sampler $50.00 - $60.00 Digital Photography 101 $70.00 The Photographers Eye $70.00 McCall Winter Carnival- Senior Day Trip $55.00 College of Idaho Planetarium $27.00 Shoshone Falls Day Trip $55.00 Adult Sports Fall Volleyball League $231.13 Winter Volleyball League $231.13 Spring Volleyball League $221.70 4v4 Volleyball $47.74 Spring Softball League $471.70 Fall Softball League $353.77 Kickball League 8 wk $141.51 5v5 Basketball- 8wk& DE $542.45 5v5 Basketball- 8wk $471.70 30 Basketball- 7wk& SE $47.17 IL Volleyball Tournament $94.34 Sand Volleyball Tournament $28.30 Horseshoe Tournament $18.87 Spikeball Tournament $18.87 Meridian Resident Fee $9.43 Non- Meridian Resident Fee $18.87 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 3 OF page 307 Item#24. USSSA Team Sports Fee $25.00 DATED this day of , 2020. Chris Johnson, CITY CLERK PUBLISH on October 23 and October 30. ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 4 OF page 308 Item#25. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 20-2236: A Resolution Adopting the Winter/Spring 2021 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Page 309 Item#25. CITY OF MERIDIAN RESOLUTION NO. 20-2236 BY THE CITY COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN,PERREAULT, STRADER A RESOLUTION ADOPTING NEW FEES OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice in the Meridian Press on October 23, 2020 and October 30, 2020, according to the requirements of Idaho Code section 63-1311A, on November 4, 2020 the City Council of the City of Meridian held a hearing on the adoption of proposed new fees of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council,by formal motion, did approve said proposed new fees of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the 2021 Winter//Spring Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the fees adopted for the 2021 Winter/Spring Activity Guide shall remain in effect as to those classes until such classes are concluded, at which point the fees set forth in Exhibit A hereto shall supersede any and all fees for the enumerated services previously adopted. Section 3. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 4. 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 4th day of Nov. 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 4th day of Nov. 2020. APPROVED: Robert E. Simison, Mayor ATTEST: Chris Johnson, City Clerk ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 1 OF 4 page 310 Item#25. CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Wednesday, November 4, 2020, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed new and amended fees as set forth below. Further information is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Proposed new or amended fees: EXHIBIT A 2021 Winter/Spring Winter/Spring Activity Guide Class Fees: Early Stem Parent-child workshops $85.00 Spring Break Space Camp $85.00 Fairy Gardens $35.00 Dazzle &Dance $30.00 - $35.00 Capoeira Class $35.00 Rec 1 Cheer $35.00 Rec 2 Cheer $35.00 Rec 3 Cheer $38.00 Rec 4 Cheer $40.00 Homeschool Rec Cheer $40.00 Intermediate Rec Cheer $40.00 All Star 1.1 Cheer $50.00 All Star Crossover Cheer $25.00 All Star 2.2 Cheer $50.00 Tumble & Twist $30.00 - $35.00 Tumbling Little Ninja $35.00 Tumble &Flip $35.00 Acro $35.00 Introduction to the sport of Fencing $100.00 Amazing Athletes $72.00 Martial Arts for all Ages $40.00 Little Pallets Art Classes $50.00 - $65.00 Introduction to Rock Climbing $210.00 Intermediate Level Rock Climbing $270.00 Winter Break Camp $110.00 CPR Class $50.00 Yoga-All Levels $42.00 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 2 OF page 311 Item#25. Yoga-Gentle Yoga $42.00 Yoga-Beyond the Basics $42.00 Yoga-Unlimited Yoga $54.00 Somatic Yoga& Gentle Stretch $42.00 Intro to Yoga Workshop $10.00 Yoga&Painting $40.00 Yin&Restorative Yoga $10.00 Jazzercise $45.00 - $55.00 Pickeball 101 $60.00 Line Dancing-Beginner $20.00 - $25.00 Line Dancing-Intermediate $20.00 - $25.00 Line Dancing-Option days $75.00 Intermediate 2-step $50.00 - $60.00 West Coast Swing $50.00 - $60.00 Country Dance Sampler $50.00 - $60.00 Digital Photography 101 $70.00 The Photographers Eye $70.00 McCall Winter Carnival- Senior Day Trip $55.00 College of Idaho Planetarium $27.00 Shoshone Falls Day Trip $55.00 Adult Sports Fall Volleyball League $231.13 Winter Volleyball League $231.13 Spring Volleyball League $221.70 4v4 Volleyball $47.74 Spring Softball League $471.70 Fall Softball League $353.77 Kickball League 8 wk $141.51 5v5 Basketball- 8wk& DE $542.45 5v5 Basketball- 8wk $471.70 30 Basketball- 7wk& SE $47.17 IL Volleyball Tournament $94.34 Sand Volleyball Tournament $28.30 Horseshoe Tournament $18.87 Spikeball Tournament $18.87 Meridian Resident Fee $9.43 Non- Meridian Resident Fee $18.87 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 3 OF page 312 Item#25. USSSA Team Sports Fee $25.00 DATED this day of , 2020. Chris Johnson, CITY CLERK PUBLISH on October 23 and October 30. ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 4 OF page 313 Planning Presentation and Outline for Land Use Public Hearings h2 City Council Meeting 2020, November 4 Slide 1 h2 Agenda Item Numbers/Order: hoodc, 12/19/2006 •hearing). 15 zoning in original -Age restriction for properties in the Village Area (used to justify R•Increased setbacks at the NW and E portions of the plat area. •One story height for all houses in the Village Area•Some of the additional requirements were not just specific to the western property. •, increased landscapingbermingWrought iron fencing, one story height, •Most were specific to the western property at 2310 E. Lake Hazel.•In 2019, Council approved a DA addendum that included these conditions. •had not been included in the original DA. In 2019 it was discovered additional concessions made by the developer during the public hearing •Development Agreement included general layout, amenities, building elevations.•seven (7) common lots in 2017. nine (139) residential lots and -Property was annexed, zoned and platted for one hundred thirty •under different ownership. Applicant also requests DA addendum be terminated because the property to the west is now •to eliminate clubhouse and replace with dog park, water features, and outdoor shelter structure. Clubhouse was supposed to be built with Filing Two. Applicant requesting original DA be revised •Elevations also differed from approved DA exhibit. •differed enough that it did not match the design shown in the original DA exhibit.Lot configuration for Filing Two did not differ enough to require revising preliminary plat, but •App to discuss Filing Two.-Applicant requested Pre•Filing One Plat was approved in 2019. The majority is built out. RETAINincreased landscaping, bermingsetbacks, (wrought iron fencing, to west property requirements specific All DA Addendum REMOVEand 7.5 side setbacksrequires 45’ setbacks DA Addendum RETAIN45’. Rear setbacks shall be restricts properties to DA Addendum RETAIN“age restricted”Also required to be one story.restricts properties to DA Addendum •addendum that were not specific to the western property. and elevations, and would retain (or carry over) the requirements of the would retain the requirement for a clubhouse, reference the new lot layout Staff recommends the original DA be amended. This DA amendment •referenced in the staff report.Staff recommends termination of the development agreement addendum Changes to Agenda: \[if applicable\] East Ridge Development Agreement Modification (H-2020-0096) Application(s):  Modification to existing Development Agreement (Inst. #2018-052339) for reconfigurations to the second and third phases of the East Ridge Preliminary Plat, removal of a required clubhouse amenity, and removal of a Development Agreement Addendum (Inst. # 2019-021791) that was approved to address neighbor concerns.  Size of property, existing zoning, and location: This site consists of 41 acres of land, zoned R-4 and R-15, located near the NW quadrant of E. Lake Hazel Rd. and S. Eagle Rd. Adjacent Land Use & Zoning: Single Family Residential History:  Property was annexed, zoned and platted for one hundred thirty-nine (139) residential lots and seven (7) common lots in 2017.  A development agreement was recorded as a condition of approval of the annexation and preliminary plat. This development agreement included future development being generally consistent with the exhibit’s specifications on building elevations, and required amenities including a clubhouse.  There was a significant amount of community concern regarding the project. Concerns included traffic, density, existing slopes, height of structures and transition to the surrounding neighborhoods.  In 2019, staff discovered concessions that had been presented in a letter by the Applicant to the City Council at the 2017 public hearings to address community concerns had not been included in the original development agreement.  Most of these were targeted toward the property owner to the west and included measures such as height limitation to one- story, wrought fencing, berming and landscaping on the western portion of the property.  However, some of the additional measures of the addendum also affect other surrounding properties. These include all lots in the Village Area (R-15) being restricted to one story, age restriction in the village area (used to justify the R-15) and additional setbacks on the east of the development.  These additional restrictions were added to the development agreement as an addendum and approved by Council in 2019. The majority of homes outside of the Village Area have been built out under Filing One  In 2020 the Applicant requested a pre-app to discuss Filing Two. The plat configuration and elevations differed from the original layout. It was not an increase in lots or decrease in open space that would have been allowed under the final plat process for minor changes, but it differs enough from the exhibits referenced by the development agreements to require a DA Mod.  In addition to this, the applicant requests to not be required to provide the clubhouse required for the Village Area with Filing Two. The applicant states Covid has reduced people’s desire for indoor amenities and requests to replace with a dog park, water feature and shade structure.  Finally, the applicant requested the City terminate the DA addendum. The applicant states this is because the property to the west is no longer under the same ownership, it has been purchased by a developer for the Lavender Heights Subdivision. Staff Position  Staff supports the revisions to the plat and the elevations and supports this as the new exhibit to be referenced in an amended DA.  Staff does not support removal of the clubhouse amenity. Staff believes demand for such a facility is not reduced due to Covid (in the long run) and outdoor amenities such as shade structures don’t provide the year round benefit that a clubhouse would.  Staff supports termination of the DA addendum but recommends the conditions that apply to the general area be retained and carried over to the amended DA. The restrictions specific to the western property (now Lavender Heights) can be removed.  The restrictions which should be retained include all the housing in the Village Area still being restricted to one story, 6 lots at the northwest portion being restricted to one story, increase in setbacks for lots at the northwest portion, setbacks for properties at the east being retained, and retaining the requirement for age restriction. Staff recommendation Staff recommends termination of the development agreement addendum referenced in the staff report. Staff recommends the original DA be amended. This DA amendment would retain the requirement for a clubhouse, reference the new lot layout and elevations, and would retain (or carry over) the requirements of the addendum that were not specific to the western property. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2020-0096 to terminate DA Addendum 2019-021791, and to amend DA #2018-052339 with the conditions as presented in the staff report for the hearing date of November 4, 2020: Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2020-0096, as presented during the hearing on November 4, 2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2020-0096 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) Item#26. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for East Ridge (H-2020-0096) by Devco Development, LLC, Located North of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd. A. Request: Development Agreement Modification to replace the approved clubhouse amenity with a dog park,water feature and park, and removal of additional requirements for berming, increased setbacks and fencing. Page 314 PUBLIC HEARING SIGN IN SHEET DATE: November 4, 2020 ITEM # ON AGENDA: 26 PROJECT NAME: East Ridge (H-2020-0096) I PRINTED FULL NAME For Against Neutral Want to Testify i YES OR NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Item#26. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: November 4, 2020 Topic: public Hearing for East Ridge (H-2020-0096) by Devco Development, LLC, Located North of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd. A. Request: Development Agreement Modification to replace the approved clubhouse amenity with a dog park, water feature and park, and removal of additional requirements for berming, increased setbacks and fencing. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 315 Item#26. STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 11/4/2020 legend U DATE: Ll LPPCev o a or TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-489-0573 SUBJECT: H-2020-0096fifi �J East Ridge-MDA I I LOCATION: North side of E. Lake Hazel Rd.between ry{5{ S. Locust Grove Rd. and S. Eagle Rd. in the southeast 1/4 of Section 32,Township ,- 3N.,Range 1E. ' + 1 I { 1 5 I I. PROJECT DESCRIPTION Modification to existing Development Agreement(Inst. #2018-052339 to change the lot configuration and home elevations in the R-15 portion of the plat, subdivision amenities,and termination of the first Addendum(Inst. #2019-021791). II. SUMMARY OF REPORT A. Applicant: Sophia Durham, The Conger Group—4824 W. Fairview Ave., Boise ID 83706 B. Owner: C4 Land LLC—PO Box 1610,Eagle ID 83616 C. Representative: Sophia Durham, The Conger Group—4824 W. Fairview Ave.,Boise ID 83706 III. STAFF ANALYSIS History: The subject property is approximately 41 acres and was annexed,zoned to R-4 and R-15 and approved in November of 2017 as the East Ridge Estates Subdivision Preliminary Plat(H-2017-0129). The approved project allows the construction of a residential subdivision consisting of one hundred thirty-nine (139) residential lots and seven (7) common lots. A development agreement (Instrument #2018-052339) was recorded as a condition of approval of the annexation and preliminary plat. This development agreement included conditions such as future development being generally consistent with the exhibits in the staff report,prohibitions on direct access from E.Lake Hazel Rd.,specifications on building elevations,and required open space and amenities including a clubhouse, sitting areas,and a neighborhood park. During the November 28, 2018 City Council hearing, there was a significant Page 1 Page 316 Item#26. amount of community concern regarding the project.Concerns included traffic,density,existing slopes, height of structures and transition to the surrounding neighborhoods. In 2019, it was discovered concessions that had been presented in a letter by the Applicant to the City Council at the 2017 public hearings to address community concerns had not been included in the original development agreement.The majority of the additional restrictions were in response to requests from the property owner at 2310 E. Lake Hazel (to the west). These restrictions included a height limitation to one-story on the lots which most impacted that adjacent neighbor, wrought iron fencing required along the west property boundary, berming, additional landscaping and increased setbacks along the west boundary. However,there are also restrictions that affect more properties than just 2310 E. Lake Hazel. Some of these include a one-story height limitation and 45' rear setback for houses on Lots 1-3 of Block 1 (northwestern corner of the site),and a one-story height limitation on all 96 houses in the Village Area(please refer to Exhibit D). In March 2019,the City Council directed staff to record these additional restrictions as an addendum to the development agreement(Inst.#2019-021791). The Final Plat for Phase One(Impressive East Ridge No. 1)was approved by the Council on July 17,2019. The majority of homes in this phase have been built. MDA Request: The applicant is requesting to modify the terms of the original agreement(Instrument #2018-052339)and terminate the first addendum(Instrument#2019-021791). The modification to the original DA includes a change to lot configuration, open space, amenities and home elevations approved for the R-15 portion of the development. The termination of the addendum is to eliminate the agreed upon terms discussed during the public hearing between the surrounding neighbors and the developer. Staff has provided analysis on the requested changes as follows: A conceptual final plat was presented that differed from the preliminary plat. UDC 11-6B-3 allows minor changes to a final plat as long as the number of lots is the same or less, and the open space is relocated and not reduced.All these requirements were met;however,the final plat had a configuration that had changed enough that staff believed it did not meet the "generally consistent with the preliminary plat" requirement listed in Section 5.Lb of the original development agreement. Staff s position was the development agreement should be revised to include this new configuration. In addition to reconfiguration of the plat and proposed removal of the clubhouse, the applicant also notes the individual property owner at 2310 E. Lake Hazel, who had driven much of the development addendum restrictions, had recently sold the property to a developer and the property is now being developed as part of the Lavender Heights Subdivision (H-2020-0009). The applicant requests elimination of the addendum so that the additional mitigation measures will not be required. A. Staff Analysis of the Proposal to Modify Development Agreement(#2018-052339) (Staff response in italics) 1. Reconfiguration of the R-15 zoned lots in the Village portion of the subdivision. 96 senior homes were approved in the Village Area and this number will not change. However,the lot type, setbacks,common driveways and orientation of some of the lots have changed(see Exhibit A). The minimum lot size of some of the lots has decreased slightly because numerous common driveways which were previously part of the lot have been removed and most lots have been reconfigured along private streets. The open space has slightly decreased in Phases 2 &3,but the open space for the total plat has increased slightly(transferred to Phase One). The Village Area will be developed in two phases, with the first phase consisting of 38 homes. Page 2 Page 317 Item#26. Staff supports these changes. There is no increase in number of lots, it is preferable to have houses oriented to streets versus numerous common lots, and the amount of total open space has increased. Staff notes any changes to utilities from the previously approved plan will need to be reviewed and approved by Public Works. 2. Change to Building Elevations The elevations submitted with the preliminary plat and referenced by the existing development agreement represent larger estate homes and duplexes. The applicant proposes to replace the approved elevations with one story patio-type homes with materials and architecture similar to what was approved with the Preliminary Plat. Staff supports this change. The building elevations indicate one story, and architecture and materials are similar to what was approved with the preliminary plat. 3. Removal of Clubhouse Amenity The original amenities approved with the preliminary plat and required with the recorded development agreement include a clubhouse, sitting areas,large common lot,neighborhood park and shade structure. The development agreement states the clubhouse is for usage by the residents of the Village Layout(please refer to Final Plat Exhibit E). The clubhouse is located on Lot 14,Block 2 and is required to be constructed with Phase 2 of the development. The applicant requests to modify Section 5.Ld of the original development agreement to remove the clubhouse from the required amenities. According to the applicant,because of the Covid outbreak and social distancing protocols,potential buyers are no longer interested in indoor gathering areas. The applicant states surveys have shown buyers prefer outdoor amenities over indoor ones. The applicant requests to replace the clubhouse with a dog park, outdoor ramada(shade structure), a water feature and a large open park area. Staff does not support removal of the clubhouse. Staff is not convinced the pandemic associated with the Covid outbreak will result in permanent loss of interest in indoor amenities.Also, the new Village Layout is shown to be an age-restricted community with patio homes and limited yard space. Staff believes the clubhouse serves as an integral component for social gatherings and/or events. Finally, a clubhouse amenity would be accessible year-round, versus outdoor structures that will see limited use in the winter months. B. Staff Analysis to terminate Development Agreement Addendum#2019-021791_ The development agreement addendum is comprised of four sections (see Exhibit E). Staff has analyzed each section below to ensure the neighborhood concerns are adequately addressed in the amended development In general, staff is supportive of terminating this agreement in favor of carrying forward certain provisions in the amended agreement. Staff recommended provisions to remain are identified below. 1. Entire Development. This section limits the number of lots, lists the allowed zoning, requires berms along E. Lake Hazel Rd.,has limitations on access,requires looping of water infrastructure,and has limits on how grading can occur to the west. Staff supports removal of the entire section.Number of lots has already been established under the preliminary plat, the property has already been zoned, all roads connected to external roads have been constructed, the ownership of the western property has changed and the landscape buffer has already been constructed along E. Lake Hazel Rd. Page 3 Page 318 Item#26. 2. Village Product Area This section states that along the western boundary (2310 E. Lake Hazel Rd) wrought iron fencing, berming, increased landscaping and 20' setbacks are required. All properties in the Village Area are limited to 25' in height and are required to be age restricted. Staff supports removing the requirements in this section that are specific to 2310 E.Lake Hazel Rd. As the property is under different ownership than the property owner who requested most of the restrictions, staff is amenable to all the western-specific requirements of this section being deleted. However, it is staffs opinion that removing the 25'height limitation for houses in the Village Product Area could impact properties beyond just the western property. Also, the requirement for age restriction was a significant discussion during the preliminary plat hearings, and age restricted patio homes and duplexes were used as a justification as to why R-15 zoning would be appropriate. Staff recommends the retention of the following restrictions associated with this section: "All product in the Village Area is to be single level with a maximum roof height of 25"' "All product in the Village Area is to be age restricted." 3. 6 Estate Lots This section states that along the western boundary(2310 E.Lake Hazel Rd)wrought iron fencing, increased trees and shrubs,and a 10' setback is required. All properties in this section are required to maintain R-4 side setbacks and be single level. A 45' setback is required for Lots 1-3,Block 1. Staff supports removing the requirements in this section that are specific to 2310 E.Lake Hazel Rd. Also, the property is zoned R-4 so the note regarding R-4 setbacks is unnecessary. However, as only four of the six houses have been constructed and impacts from removing restrictions could impact other surrounding properties (such as the ones in Blackrock Subdivision No 1) staff recommends retention of the following restrictions associated with this section: "All 6 lots to be single level with a maximum roof height of 25 feet. Rear setbacks for Lots 1-3 and 18-20 Block 3 of Impressive East Ridge Subdivision No 1 shall be 45 feet." 4. Rim Estate Lots This section requires adhering with the site plan approved by Council on November 13, 2017, increased rear setbacks of 45 feet and side yard setbacks of 7.5 feet for Lots 6-23 of Block 1. Staff only supports removal of the requirement regarding adhering with the site plan as the property is already platted. The remainder of the restrictions pertain to the lots on the east portion of the property. Some of these lots are still vacant and abut the neighboring Sky Mesa Highlands (H- 2019-0123) to the west. Page 4 Page 319 Item#26. IV. DECISION A. Staff: 1. Staff recommends the City Council approve the termination of Development Agreement Addendum Inst. #2019-021791. 2. Staff recommends the City Council approve the following amendment to Development Agreement#2018-052339 as follows: 5.1.b Future development of this site shall be generally consistent with the lot layout preliminary plat and building elevations depicted in Exhibit A of the Staff Report attached to Exhibit"B",Findings of Fact Conclusions of Law, and the revisions noted in the staff report_The Village area of the plat(zoned R-15) shall comply with revised lot layout, open space and building elevations contained in this staff report. 5.1.d No change- Staff recommends the clubhouse remains as a required amenity for the development. 3. Add the following new DA provisions: All product in the Village area(zoned R-15)to be single level with a maximum roof height of 25 feet. • All product in the Village Area(zoned R-15)is to be age restricted. • Lots 1-3 and 18-20,Block 3 of the Impressive East Ridge Subdivision No. 1 are to be single level with a maximum building height of 25 feet. • Rear setbacks for Lots 1-3,Block 3 of the Impressive East Ridge Subdivision No. 1 shall be 45 feet as measured from the north property line. • Rear setbacks for Lots 6-23,Block 3 of the Impressive East Ridge Subdivision No. 1) shall be 45 feet. • Side yard setbacks for Lots 6-23,Block 3 of the Impressive East Ridge Subdivision No. 1 shall be 7.5 feet. Page 5 Page 320 Item#26. 5. EXHIBITS A. Approved Preliminary Plat and Proposed Configuration for Phase 2 (date 10/23/20) I _ -----_ _ ---- ----- -- --- -- ---- 7 Tr I i I I I ;- -ITLE 17-H] I I I I I I I1, II II I I j I - - - , I I ,•� r If +J I' -. I , _ __ __ __ __ __ __ __ __ __-__J EASTROGE SUBDIVISION EASTRIDGE SUBDIVISION ORIGINAL PRELIMINARY PLAT REVISED PRELMINARY PLAT Page 6 Page 321 Item#26. B. Proposed Plat Modification Showing Area of Next Phase (date: 10/23/2020) I I I Y �iF� J a ss1 yy _ eQ et °x st -0 su , ,u " IM M-l xuz i �Qsa y —� Ixr°.isr yl I • I - '� I El a.1 IF nl 113 m TH iFn• IN 2 In f {la? imF T'T � 1�l IN � FTO 101 ' �o0 I' - - i. �� I •..r �I r„o3ff � anarr A aw st � ~• i 47 r F I E .:F 41 F ' y �' .13 _ i� - �$¢ 14 aT�g r �.w Wi __ El41 ' m5w N'ff Y Q Itl S F -.F. .F .F .. F. . ..F: .F d I Page 7 Page 322 Item#26. C. Approved Preliminary Plat Landscape Plan Showing Clubhouse Area(Date 11/28/17) PLANT SGHEOLILE CRLLCAJT LEY3>=N❑ P_PQJMT INFORMAMN �ANDOCAPE I.EGQqD R� CTE KEY M.4PLj I .—.. ^7 . 5�`§� T _ p.l •w+ma`..e I 00 l i f ----- - �-: �:� f I I i t"-�-d �p❑ a LANDSOWE rn�zz REOUR -L w n I r a er a c� a n .s n , i r gym•• �� L1 LANDSCAPE.PLRN-• P• a _�.�..-P....-..s .wwraa..w, --�-�---.•- - -•�� ::_•�-• -------__�--- �a°°��..""'`�b..,s :w e ��y€�'s!r zr 3HRIIQ „ Page 8 Page 323 Item#26. D. Open Space Exhibits by Phase(Date: 10/23/20) r I I I I I I I r I I I I I 'H45E 7/' CUALIFYINC OPEN SPACE rI PFPSE I DJALIFlNG OPEN 52�FGE I EASTRI DG E SUBDIVISION OPEN SPACE EXHIBrr I I I I TOTAL SITE AREA=±40.99 ACRES I I i PHASE OPEN SPACE 2.60 ACRES PHASE 2/3 OPEN SPACE 1.76 ACRES TOTAL OPEN SPACE 4.36 ACRES 110.69fi1 I l; n 1 Proposed Phase 2&3 Open Space Exhibit _— Y a ) a a f a Page 9 Page 324 Item#26. E. Approved Final Plat for Impressive East Ridge Subdivision No 1. (date: 7/17/2018) (Marked up to show areas referenced by Development Agreement Addendum) I w5■. -W 6 Estate Lett R01 Estate Lets 1 1 CJr W cw ' l+'■,RS3 SN IQ 1 nv Lr�oM I A&d'M Ja&I.M. .n.■b,nr•1k■'675ii I rHSF['IYi IvWth Krliao-chlR IFu\ } .rl.rt { 1;1W■ P 1� -- - _ �� I k —._ - _ I#— _.li..� LO i Icy sr n37] I { P] 77 �I kl IS 7P r� 10 Ir ■!�k K I Ik 3� I]dI i IWr J 'I r4r --__ Tur _ SY4JML JV7,e�c ~-� 51. { �t "Wi'f!'\ � ■ W�LI -��---- 1 Yi I 1 ;I � I �' 'I •- � �. 1 ]7.T+6rC� ��i ik : �� �I �� + i r u•'r '}•µ � T r ' 1G ;� 1� .� 11 li M o J2 - I rl AI JU Jaraa-' _ JT i --Ira r-- - - J Wir I: - I' seoancxwaxvalw a�der�rJ x Ja •'� �31 L*jLt.31 J14 rfrf r y aarr� , 1 1 _ R°N AfJf'E IffiL G�S6r+En'ISff tiArE III � �■�trrta are I . ~'Fr"DUW61c$OffGRFA(1E$ ld0.J�r_212dr I ` 22—derr w rr 1' raLwp S O-%FAA PWAKWEWT .. f I— lr—a F tl Ji 1 a FiYtl1Yrl3ldJ■ti�S4'�c w1n!Gtaa� �rJ,i- ■ -LLn +i i srr#a-am�µc+v � I a _•�4 —_--- Lsmear Village Product Area Next Phases NO LIP I GdLYII LKFWL 'F -d A=r I - L L _ 4 4 I I err h-1.. ■� ���J'f.��1'LF'1{{�ri�..lam+ � /� _ __ � � �lf��l JJ 4i- IYamM•e U# � r 1 � I m� 'rl{LI r 1 ■ ■ = nr;ay �t ly0-1738'Fn... 125 F1' W-T smIUrl l� ]�_— RS Qrl1■ ivg ifs y-0TrlTM R YiYkFY-- —T. .—.--vr...,�m.n— Z4 T Page 10 Page 325 F. Approved .g Preliminary ' 11/28/2017) ti i • - h s� i t � ,_ Item#26. G. Proposed Elevations for Village Area(date: 10/27/20 o� m LlIAuJ4?tl 47- dfLA, 'dF9ReunY2 Ki-3VFti �K.+ PDa3��c€ E.!!hY FR'Y9 V�IIJYY ♦JI.L. '1'JM Rh. C 24T1 �j _ UUTI!?L {ARM E. O 4rttiw4E — �c zf i�¢rce•�L F�Wa!3 Page 12 Page 327 Item#26. H. Development Agreement#2018-052339 - (date: 6/5/2018) 33 DEVII!;1(OPER- tncEuis and refers to DevC c,LLB:, whose address is 4924 W. Fairview Ave_,Bois, LD 83106, the patty ilia[is developing%aid Property nip(I�haI I Intilude nny subn!qui nt devduperxn)uf`tfit:Prvpurty. 3.4 PROPEIITV: means and rcfe�rs to tl�aC c iiain par�el(s} f�rnper#r located in (lie Counlyof Ada,city oflvieridian as dagcrihad in Exhihii"A"descrihllig dw parcels to be aruiexed and zoned Wilium Low Density Residential(K-4)and R- 15(Mediain High Density IU< 3ide<ntia1)zoningdi aa4 attached hereLo and by this refe-ranot, incorporatd hcrcol as if sot foilli at length_ USCS PERMITTE n i;YTIJTS AGRTrMENT.- ThisAgreementshaII vest theright to develop the Properly in $ccerdnnee witli the terins mid conditions of this Agr,ement. 4.1 The uses itIluvv d piir,utnt tc,this AV menl are anlytho�-e nSesAlnwcdwider the UDC. 4.2 No change in the uses 5,peciftod iu this Agreement Rhall be allowed Without modifictition of this Agreement, 5. ('0NDITT[ NS GOVERNING DEVELOPMENT OF 5rtMIEcr PRCIPERn: 5_1. Owncr and/or Dcvclopm- shall develop the l°miputy in ui vot ricc With the following spcuial conditions: n, Except t1 a public street access,to C, T,ake Hazel Road from f asi R idge Avernie,direcr list wce.�to P_Lake HtizeI Pwild,an Arterial street,is prohlhited ire seenrd with I JDc 11-3A-3. h, Fature development of this site shiill be genetaLiy consl stem %ith the preliminary plat and building elevations dcpictcd in Lxhibit A of the Staff Report attached to F l'bit Ir. h'indings of I{act CcmaluNions of Law and the revisions noted in the staff repo rt. a. Tt}e applitnnt shall comply with the submitted home elevations attached in Exhibit A.4 of the Staff Repari altachtrl to Rxhihit"B"_ Findings of Fact Conclusions of Law.The rear ansl?or side t)fstructures chat face arterial or cal Iuctor sheets(Lots 2,5 ofB lot k I,Lots 55. 56, 59, 60, 63, 64, 67, 68, 71 and 72 of Black 2), shall incorporate articulatitim through chaiigcs in two or more of thu fol lowing; modulation (e,g.— projections, recesses, stg7- W.oks. pop-nuts), bays, banding, porches, balconies, maierial types, or other integrated ambiteetural elcrntnB Io break up inonotonvus wait panes end roof Iinea that are vi-7,1ble From the subjezt public strQre, 5ing]t:-slag g(iticia Liffs are exempt froln rhis iqu ire ment. d. T'hesite shall develop with aminun4im of 1.0,54°dopcta space(4,. 2 noes)and shall tnclude the following Maori itics speci#ie to the ViIlagc Concept and othor amenities th4t would be for the use 0fthe Wate lots a& well p the Village Wneept. The wnenWes �pocifte La the V lagc concept inelridv akitiblic siWug area arrd a lame common lot_Afnetlities drat would be shared by loth the.c3tate lots and the ViIloge voncelt include a neighborhood park (list inciu&s a Ial-ge grassy area,a shade structurc Vrtd sitIing areas. Applicant proposes key(amove clubhouse requirement arLd reptace will dog park, water feature, and oudocrr rarn3nda r a r+f x Meiriduin YSMr f'. Inr;d Wa nn hnmrw+� I i 1n Fi '21)l K. P—A Iq of qhh Page 13 Page 328 Item#26. I. Development Agreement Addendum#2019-021791 (date: 3/19/2019) (Staff supports DA being terminated,but recommends retention of red items in amended DA.) L It191T A 1111itrt I}mtipwnt, Ad1-wmvwiLia t1w Sile Plan dal«l Noycmlm 13,2017. ■ Phe Devaloprnurrt Agrtenicril will rminct the total nutr binorm%-sidat is Names to 96 lots I'or the 'VilI age housingorW.11 Iioinr-s Fnr Lhe EsLate L-DIS. ■ Zonjnp,wi11 be R-b for lho I?sts#e Li>is ead R- 15 ror the V[l[Ljgr Treigbhorlload- ■ Lake Hnn-1 Ia (Jsespe 113 i=rporare a 4 to 6-foot-ta11 bmiv- A majujity(80%)ofrtba berm w111 be the rNurvw 6 font Ea I- phasr 13vi11 jI.x!jIlrlle 11le connaelion to LQa c Reuel Iixxn R f'ynnilG n"ye. ■ Cumjr%ictiq+11 eczi�ss will be from Le Haw]F oW- ■ "irncstic W41tV wi11 be looped to E.C arlitc E)ri+rr whicll will I1nPL'Dve c.w'i^=darnrslk wnlsr quality for existing homcowners on City SON iOes ■ GmdIng-property will be gr'arded QDM west W enSL such thnl the exiskIng p.9de 011 be,leduaed by iiul less Alan approximately 3' rrow tho wr•unit property line to tk,mid-paint oflhv propel v nr Nrkl+er- Village Product Ama: ■ 'r'e+ronglil Irm Fencing orL the property iirut br,undaty with Lid)maux nil hix,r[81 rir wam buts Wnry� ■ A 1`90 2' beryn far plantingo L our west boLindnry, i A deewLmLw tree-iuith a aa1Eper size bet+xeerL 210 2.'irLc.lua emery 60 feet I rill OVtTgrcel4(13#Ue sprticx)tree SJz2id butweell 9 to 10 forA appmoxilrrliteliy every 6U' (i c.a leer cycry 30 Icel) wITh a maximum grvwtb IleigN el'20 to 25 feel slung wcst boundary. A=Lly[cig 111,3 shndis bet%Nmn c"ry Ircr alrAig,west boundary. ■ All prixla,rr.1 In LhLe Vi11ege mrm is io besinle level wah arnaximuln roof height or25 feet. ■ All tKNxIiiet in the Village area is to N,age n9ricted. • scib ch of ilousing product io be�W frorn western prupwy line, 6 Es1aLgi Le is(Lots 1-3,Block 3 and Lots 16.19. aloel[2): kVr+v4it Iron Fmcirig rxn thc.? toperty luw boundary with adjfiocnl ncightxrr(dl 1Pur w}sl hsdlltIORI.Y}- • A dettduc,iis uree with a e Blip-cr sin h0weeli 2 to 2.5 lrxhes awy 6G Net I all evelgeen(blue aprkice)trap sized betweetl 8 W 10 feeL appmxi III sic Iy every 69'0,ti. d lice every 34 reel)w iih a InaxhnLlra Vxlwih IrQ�V11191F201L12i Feet alvfig west bouLdary, • A ffoilpin of 3 shrk+s bW)NL-Pre 4g vtvy Inee along west boLrruiary. d11 G lints to be%ingle tr'vel47il w+i4 dii iJ Q . .•-' ,"".'-"-'.'.,R I dd Cl-r'-.0AC-L mty-qj� e4witha mxiLnurn roof haigl�i nfs feet. r hear Setbacks for Lois 1,2 nml 3.}3look 3 she11 bt 45 ft=L-j'Hq.- J` `•'_':cFbet 'i ineo e4rA d I wnl 111. • i lJoV& pfoperly lino. • Set bmkorhousing prf)duci Lo be 10'from wasicm IN'Ipcq I We. Rim Eslnto 1.CC JIMN 6-23, Block 1): h.il....._wirl. ib�L`.��nlafk a 415Y(,i lCtrl • It mr-Set"as for Lets 8-23 shall hr 4 S r4�, r 9 ile yard sethacks shall be 7.5 fel l li,r 11MILes an the Rhifi- nA 11 Page 14 Page 329 Applicant Presentation RamadaFountainDog Park Large Water FeatureSeating BenchesDouble GatesFully FencedDog ParkExtra ParkingBBQ AreaSeatingAir Clubhouse-Ramada/Open No shared drivewaysBackyardsSlightly SmallerLot Sizes 23 Additional Spaces