2020-12-15 Work Session E
HO
IDIAN
CITY COUNCIL WORK SESSION
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday, December 15, 2020 at 4:30 PM
Minutes
VIRTUAL MEETING INSTRUCTIONS
Limited seating is available at City Hall. Consider joining the meeting virtually:
https://us02web.zoom.us/j/84936440243
Or join by phone: 1-669-900-6833
Webinar ID: 849 3644 0243
ROLL CALL ATTENDANCE
PRESENT
Councilwoman Jessica Perreault
Councilman Joe Borton
Councilman Brad Hoaglun
Councilman Treg Bernt
Councilman Luke Cavener
Mayor Robert E. Simison
ABSENT
Councilwoman Liz Strader
ADOPTION OF AGENDA Adopted as Amended (Item 13)
Motion to adopt the agenda as amended made by Councilman Bernt, Seconded by
Councilman Hoaglun.
Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun,
Councilman Bernt, Councilman Cavener
CONSENT AGENDA [Action Item] Approved
Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun.
Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Cavener
1. Approve Minutes of the December 1, 2020 City Council Work Session
2. Approve Minutes of the December 1, 2020 City Council Regular Meeting
3. Approve Minutes of the December 3, 2020 City Council Joint Meeting with Ada
County Commissioners
4. Final Plat for Brody Square (FP-2020-0010) by Ian Connair of Kimley-Horn &
Associates, Located on the Northeast and Southeast Corners of N. Black Cat Rd. and
W. Daphne St.
5. Development Agreement Between the City of Meridian and Baron Black Cat LLC
(Owner/Developer) for Modern Craftsman at Black Cat (H-2020-0022)
6. Acceptance Agreement for the Display of Artwork in the Initial Point Gallery
7. Agreement and Purchase Order for Benefits Brokerage Services to Gallagher
Benefit Services, Inc. for the Not-to-Exceed Amount of$65,000.00 Per Year and
Authorize the Procurement Manager to Sign
8. Professional Services Agreement with Mountain Waterworks for the Final Design
of the WRRF Phosphorus Removal Project for the Not-To-Exceed Amount of
$545,210.00
9. Resolution No 20-2247: Adopting the Extension of Changed Application Fees for
Alcohol Catering Permits, Temporary Use Permits for Promotional Sales Units, and
Limited Duration Sign Permits; Authorizing City Departments to Collect Such Fees
and Providing an Effective Date
10. Resolution No. 20-2248: A Resolution Approving a District Office Lease Agreement
Amendment Between the City of Meridian (Lessor) and Congressman Russell
Fulcher (Lessee) for a Two-Year Lease Term for Approximately 1,812 Square Feet
of Office Space at the Meridian City Hall, 33 East Broadway, Meridian, Idaho to be
Used for a Local Congressional Staff Office
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
DEPARTMENT / COMMISSION REPORTS [Action Item]
11. City Clerk: FY2021 Budget Amendment in the Not-to Exceed Amount of$885.00
for Purchase and Installation of a Wireless Digital Display to Post Agendas and
Legal Notices at City Hall Approved
Motion to approve made by Councilman Cavener, Seconded by Councilman
Hoaglun.
Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun,
Councilman Bernt, Councilman Cavener
12. Mayor's Office: Adoption of 2021-2025 Strategic Plan Focus Areas and Goals
EXECUTIVE SESSION
13. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to
formulate a counteroffer (amended) and (Amended on to Agenda) 74-206(1)(a) to
consider hiring a public officer, employee, staff member or individual agent,
wherein the respective qualities of individuals are to be evaluated in order to fill a
particular vacancy or need.
Motion to enter executive session made by Councilman Bernt, Seconded by
Councilman Hoaglun.
Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun,
Councilman Bernt, Councilman Cavener
In to executive session: 4:53pm
Out of executive session: 5:54pm
ADJOURNMENT
5:54pm
Item#1.
Meridian City Council Work Session December 15, 2020.
A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday,
December 15, 2020, by Mayor Robert Simison.
Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica
Perreault and Brad Hoaglun.
Members Absent: Liz Strader.
Also present: Chris Johnson, Bill Nary, Kyle Radek, Vince Koontz, Jeff Lavey, Joe
Bongiorno and Dean Willis.
ROLL-CALL ATTENDANCE
Liz Strader _X_ Joe Borton
_X_ Brad Hoaglun _X_Treg Bernt
X Jessica Perreault _X Luke Cavener
_X_ Mayor Robert E. Simison
Simison: Council, I will call this meeting to order. For the record it is December 15th,
2020, at 4:30 p.m. We will begin this afternoon's work session with roll call attendance.
ADOPTION OF AGENDA
Simison: Next item is adoption of the agenda.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: The only change to the agenda this evening is that we are adding an additional
item to Executive Session, which is 74-206(1)(a). Other than that, I move that we adopt
the agenda as amended.
Hoaglun: Mr. Mayor, second the motion.
Simison: I have a motion and a second to adopt the agenda as amended. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it.
Motion is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
CONSENT AGENDA [Action Item]
1. Approve Minutes of the December 1, 2020 City Council Work Session
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Meridian City Council Work Session
Item#1. December 15,2020
Page 2 of 10
2. Approve Minutes of the December 1, 2020 City Council Regular
Meeting
3. Approve Minutes of the December 3, 2020 City Council Joint Meeting
with Ada County Commissioners
4. Final Plat for Brody Square (FP-2020-0010) by Ian Connair of Kimley-
Horn & Associates, Located on the Northeast and Southeast Corners
of N. Black Cat Rd. and W. Daphne St.
5. Development Agreement Between the City of Meridian and Baron
Black Cat LLC (Owner/Developer) for Modern Craftsman at Black Cat
(H-2020-0022)
6. Acceptance Agreement for the Display of Artwork in the Initial Point
Gallery
7. Agreement and Purchase Order for Benefits Brokerage Services to
Gallagher Benefit Services, Inc. for the Not-to-Exceed Amount of
$65,000.00 Per Year and Authorize the Procurement Manager to Sign
8. Professional Services Agreement with Mountain Waterworks for the
Final Design of the WRRF Phosphorus Removal Project for the Not-
To-Exceed Amount of $545,210.00
9. Resolution No 20-2247: Adopting the Extension of Changed
Application Fees for Alcohol Catering Permits, Temporary Use
Permits for Promotional Sales Units, and Limited Duration Sign
Permits; Authorizing City Departments to Collect Such Fees
and Providing an Effective Date
10. Resolution No. 20-2248: A Resolution Approving a District Office
Lease Agreement Amendment Between the City of Meridian (Lessor)
and Congressman Russell Fulcher (Lessee) for a Two-Year Lease
Term for Approximately 1,812 Square Feet of Office Space at the
Meridian City Hall, 33 East Broadway, Meridian, Idaho to be Used for
a Local Congressional Staff Office
Simison: Next item is the Consent Agenda.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move that we adopt the Consent Agenda. For the Mayor to sign and for the
Clerk to attest.
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Item#1. December 15,2020
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Hoaglun: Mr. Mayor, I second the motion.
Simison: Have a motion and a second to adopt 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: There are no items moved from the Consent Agenda.
DEPARTMENT / COMMISSION REPORTS [Action Item]
11. City Clerk: FY2021 Budget Amendment in the Not-to Exceed Amount
of $885.00 for Purchase and Installation of a Wireless Digital Display
to Post Agendas and Legal Notices at City Hall
Simison: So, we will go into the Department/Commission Reports and our first item up,
Item 11 is the City Clerk FY-21 budget amendment. I will turn this over to Mr. Johnson.
Johnson: Thank you, Mr. Mayor. Mr. Mayor, Members of Council, before you tonight is
a budget amendment in the amount of 885 dollars to purchase electronic equipment,
which will allow my office to digitally transmit and display agendas and other legal
notices at City Hall. The challenges this last year proved the upgrade to be necessary
in order to meet the requirements set forth by Idaho Code, while increasing efficiencies
by allowing the postings to be done from anywhere a member of my staff has internet
access. The request includes the hardware and software necessary to achieve this
goal.
Simison: Thank you, Mr. Johnson. Council, any questions for Mr. Johnson on -- on this
request?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: I just curious where this will be located at City Hall.
Johnson: Mr. Mayor, Council, Council Woman Perreault, if you are approaching City
Hall and seeing the front atrium, it is on the far left window adjacent to where the bulletin
board is now. It will actually be placed in that window area, so it won't block the view of
City Hall, it will just be one panel taken up by the television.
Cavener: Mr. Mayor?
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Item#1. December 15,2020
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Simison: Councilman Cavener.
Cavener: Chris, did I hear you right? Did you say it was for 850 or did I mishear you?
Johnson: Mr. Mayor, Councilman Cavener, 885.
Cavener: Mr. Mayor, unless there is any other questions, I'm happy to make a motion.
Simison: I see no one speaking, so go ahead, Mr. Cavener.
Cavener: Mr. Mayor, I move we approve the budget amendment -- fiscal year 2021
budget amendment for 885 dollars for the Clerk's Department for the purchase and
installation of wireless digital display.
Hoaglun: Mr. Mayor, second the motion.
Simison: I have a motion and a second to approve the budget amendment in the
amount of 885 dollars. Is there any discussion on the motion? If not, clerk will call the
roll.
Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, absent;
Perreault, yea.
Simison: All ayes. Motion carries and the budget amendment is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Simison: Mr. Nary, is it a conflict of interest to have the clerk do his own roll call on his
own amendment?
Nary: I think it's okay.
12. Mayor's Office: Adoption of 2021-2025 Strategic Plan Focus Areas
and Goals
Simison: Okay. Just want to make sure, so -- all right. Next item up is from the Mayor's
Office which, is the -- it says adoption of the 21-25 strategic plan focus areas and goals.
Honestly, I don't think we are going to do the adoption this evening, I think it's the
presentation with the intention to bring this back next week with -- with a resolution, but I
am going to turn this over to Mr. Koontz, who you all heard from last week when I wasn't
here and it's a kind of a continuation, but a brand new process. So, Vincent.
Koontz: Yes. The question is first can you hear me? Okay. Well, then, Mr. Mayor,
Members of Council, I got used to, you know, Treg being there last week, so -- I'm here
to discuss the 2021 to 2025 strategic plan focus areas and goals adoption or discussion
for tonight. I sent to you the strategic plan focus areas and goals for reference on
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Monday. I apologize those didn't go out in the agenda. Unfortunately, I was -- I was out
on Thursday and -- and Friday, just miscommunication on that. So, this should be very
familiar to you, because you have seen it and it has not changed since the last time you
saw the focus areas and goals, it just looks a little bit prettier, it looks a little bit more
dressed up and it's -- it's -- it's in its current form. So, as a follow up from our previous
discussion I will share with you our community and partner feedback to support
adopting our strategic plan. I will share with you how our focus areas resonated with
the community via the NextDoor survey that we sent out and our Town Hall. Why we
should feel comfortable with these focus areas and goals by adopting them and, then,
what work the plan entails after Council adopts the plan. So, again, it's -- we are kind of
getting close to the finish line on this. You know, I wanted to provide you with, you
know, kind of what -- where we have gone, where we have got to, what we have heard
and why these focus areas make sense to adopt by Council and by leadership, so -- so,
stakeholder feedback. As part of the strategic plan development we needed to get
feedback from our partners in the community. We didn't do this with our previous
strategic plan, so that was one of the changes that we decided to make with this new
one. We did this in order to form partnerships, introduce our high level focus areas and
goals, and look to offer -- look for opportunities to collaborate. We spoke to Ada county,
West Ada School District, Meridian Development Corporation, the Meridian Downtown
Business Association and the Meridian Library District and we heard our plans share
many common themes. Our partners are eager to collaborate where possible and they
are excited about including -- being included in the process this time around and they
plan on engaging with staff as initiatives and action items are developed in the next
phase. The community feedback. Community input has helped shape the focus areas
and goals in the plan and, indeed, our community -- our community survey is important
to that. We found this information in a variety of ways and validated the strategic plan
throughout several methods. The citizen survey is first and foremost. Our community's
input forms how we ultimately are measured by and we heard from -- about citizen
concerns on roads, school, and growth. During the Comprehensive Plan outreach we
spent over a year gaining feedback from our community and we heard about growth,
identity, the desire for a vibrant community and, of course, an evolving community and
elected officials that were elected. During last cycle we heard about transportation,
growth, public safety and taxes. During our Town Hall in October we had over 600
citizens participate in our virtual Town Hall regarding the strategic plan and citizen
survey. Some of those people participated in polling and we didn't -- but we didn't have
a lot of participation in that, because I believe it was the -- the ones that were on the
Zoom call, so -- so, I won't want to talk about that, because there wasn't a lot of
information. But we engaged and we asked our community how the strategic plan
resonated with them through a NextDoor survey that we sent out and listed for two
weeks. So, I will share with you some of the results from that on the next slide. So, we
asked how did our strategic plan focus areas resonate with our community. All of them
received a score of at least seven out of ten or higher on our NextDoor survey that ran
for over two weeks. Responsible growth scored a little bit lower at seven out of ten, but
this topic is something that many people have a strong opinion on and so -- and I think
that was reflected in the community survey as well. Public health and safety scored
highest, not surprising given our pandemic and our community support and public safety
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Item#1. December 15,2020
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personnel. We did our homework in developing this plan by listening to our citizens, our
partners, and our leadership, which gives me confidence that this strategic plan is a
community focused plan. This strategic plan represents almost a year of work to create
high level focus areas and actionable goals for our community. After that work,
collaboration and engagement, we are now at a point where we have a strategic plan
that we can feel comfortable with. You as Council have been involved from the
beginning in this process on purpose, because that was a lesson learned from last time
from the previous strategic plan. We want to make sure our leadership, Mayor, Council,
directors and personnel in departments have a clear direction on where we are going
and so we are all on the same page as an organization and as a community. Our
community engagement confirms that these are the right priorities for our community
over the next five years. By adopting this strategic plans focus areas and goals we are
confirming the direction for our city and starting work on this plan, so I hope we can get
it over the finish line and start doing the work of action in this plan. So, what action is
needed? Well, to move forward I -- we will want Council to adopt this plan. The focus
areas and goals were developed through a consensus from our leadership. It also will
-- by adopting will give our departments a clear direction on the goals and the focus
areas for our community and I will give them the flexibility to create plans for initiatives,
actions and work. In the future state we will be developing key initiatives and actions to
support the focus -- the adopted focus areas and goals. As referenced last -- last week
we will also evaluate initiatives from our previous strategic plan that were not completed
for relevance in the new work plan. We will be developing key performance indicators
with departments to measure success of the initiatives and relating them back to the
goals. I will work with City Council to develop Council specific initiatives. I know you
have expressed interest on legislative engagement, housing -- housing affordability,
growth and other policy issues and -- and, then, we will -- we will have regular reporting
on departmental reports, budget requests and updates. I will provide Council updates
on the plan at a high level. We will also be launching -- launching a public facing
dashboard to show progress to our community and provide our leadership and our staff
the plan in order to ensure accountability. It's taken a lot of time to get here and I thank
you as Council and as your -- for your leadership, your input, your expertise on this and
it's taken a lot of time, but we have done it the right way. We have gone through the
right steps to get to this point and I -- we are ready to get to work on -- on the future
state. So, with that I will stand for any questions.
Simison: Thank you, Vincent. Council, if I could just take a brief moment and say -- as
someone that was involved in the hands-on level in the creation of the last strategic plan
and saw the -- the good parts and the bad parts and the challenges and the successes,
I hope that you have enjoyed the creation of this plan, which is different even in the --
how it was developed, where -- where -- where it is in the development stage. You
know, there is -- the details are still to be worked out, but we really want to get working
on those with the departments, so -- so, my goal is hopefully by the end of March that
we can have many initiatives laid out for what this looks like in the future. But we are
happy to take any feedback or comments or questions and if -- depending on where this
goes we would love to bring back a resolution next week to adopt this and we will have
a nice pretty document that we plan on putting up on the website as well, which -- which
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Item#1. December 15,2020
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captures some of the -- what's occurred in this -- much like we did last time. So, any
questions?
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Thank you, Mr. Mayor. I agree so much with what you had to say and,
Vincent, I appreciate your great work on really improving both the process and the intent
behind this plan. You touched on something that I wasn't aware of that I appreciate you
sharing, which was about your level of community engagement, both our citizens and in
groups and I noticed when you were going over the groups -- I guess with the exception
of the Downtown Business Association, the other groups that we engaged were -- were
governmental or quasi-governmental agencies and I'm curious because of the value
that it sounds like that you found from engaging these groups if there is an opportunity
to maybe engage a few more folks in the private sector around what we are intending to
do. I think that we could gain a lot from their feedback, perspective, and buy in and I
know that we are trying to kind of bring this project here to the finish line, but just
because you said it was so beneficial -- I don't know if that's something that you
discussed or evaluated, if there is an opportunity to reengage before formulating a final
plan.
Koontz: Mr. Mayor, Members of Council, Councilman Cavener, I did omit the fact that I
did talk to the Meridian Chamber on that. So, I did speak with Meridian Chamber. You
know, that -- that was kind of my list of engagement personnel, because they probably
had the most direct impact or influence or collaboration that we would have on -- on
some of those things. I think that's a valid point. You know, I think it's possible to
engage on the individual initiatives that come up under -- under those and by all means,
you know, sharing that -- sharing our adopted focus areas and goals with other business
-- with other businesses is probably beneficial. But I do believe, you know, the
engagement is going to continue as we develop with the departments the strategic
initiatives and action items and tactics and so I don't look -- I don't think that the
engagement will stop, but I also don't know if it would change anything with the -- with
the plan based on what we have heard, because I did take input from what we heard
from the conference of plan. The business community was involved with that at that
point and so I do think there is room to -- to have conversations about it, but I don't
know if we -- you know, if we need to do much more than that at this point. If that
answers your question.
Simison: Maybe Mr. Cavener -- Councilman Cavener, who do you believe was omitted
that should have been engaged maybe would be a question.
Cavener: Mr. Mayor, appreciate the question. For me I think there is -- there is a
couple of folks that I think their -- their feedback would be beneficial and I look at who
are our big employers and who are some of our large community stakeholders. So, St.
Luke's for one -- I mean is one that bubbles up to the top and, then, I think of some of
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Item#1. December 15,2020
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our other larger employers in the area. Scentsy. Blue Cross of Idaho. Paylocity. They
are active stakeholders in our community and I think if -- and only because we heard
from Vince about how beneficial it was to engage those previously identified -- mostly in
governmental stakeholders that I think that we could gain additional benefits by -- by
reaching out to some of our large scale employers. Especially around the community
health piece with St. Luke's.
Koontz: Yeah. Mr. Mayor, Members of Council and Councilman Cavener, I know that,
you know, we have talked -- we have talked about that on the engagement piece.
There -- there is that strategic goal that's related to, you know, the public -- the public
health initiatives and my intent was to engage with some of those providers and even
some of the economic -- the economic vibrancy goals when we get to the initiative piece
was to engage with any external stakeholders at that point based on the initiatives that
we come up with underneath those goals. But I appreciate your feedback on that.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: There is a lot that I like about this process and the end result. It seems to be
much more manageable to facilitate and operate in going forward in it's more summary
design. I think that's really well -- well placed. The one item that -- and you and I have
talked about this. It's come up before -- maybe the last time we discussed this was the
inclusion of -- of transportation. I'm not -- I'm not going to be at the next meeting, so I
have expressed -- maybe it's a philosophical concern. I see the inclusion of
transportation as -- as the Linder Road overpass and everything else. So, it notes in
there some commitments to fund -- facilitate transportation improvements. I'm not
necessary -- I'm not seeking any change to the plan itself, but just wanted to be clear I
think the -- spending our funds on roadway improvements -- I'm not close to being there
yet. It's probably where this is heading in the spring in furtherance of the strategic plan.
I think that's a challenge that we will address at that time. So, I bring it up because it's
included here and it references really funding transportation improvements or trying to
do so with city dollars and ACHD's got over ten million in foregone, they have elected
year after year to not fund transportation when it's squarely within their purview. So, I
just raise the concern for -- you may discuss it next week as well, that the city could ask
its citizens concerns about transportation and tackle funding like that, similar to asking
citizens, you know, is there a challenge with schools and school overcrowding and --
and the city, then, funding schools. All worthy considerations, but it's in someone else's
ballpark. They should be held accountable to fund it and facilitate it. So, I understand
why it's in the strategic plan. I understand Linder Road and think of that overpass and
everything else being much different. So, I just want -- I know you and I have talked
about it and it's worthy of putting it on the record for all of us to consider what we are
and are not committing to with regards to transportation funding specifically, because I
think that's what's certainly coming down the road this spring and summer. But
appreciate the good work on the plan and how you got here, Vince. So, well done.
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Meridian City Council Work Session
Item#1. December 15,2020
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Simison: Thank you. Council, any further questions or comments? I'm seeing general
handshakes of no at this point in time and just to address Councilman Cavener's
comment from my perspective, I do think Vincent has the right idea. I do think that
anything that comes out of this will involve, you know, maybe some individual specific
businesses moving forward, but I think this plan captures what we have heard from the
community about the direction that we should be going. You know, perhaps there is
some individual initiatives or some areas, but it is my intention to bring this back next
week to you all with the resolution for approval, so we can get our departments working
on this. I think it's an important part of where we are headed at least for the next three
years and one month while I am here. So, hopefully, we can have your support next
week for those that will be present for that opportunity. If you have any further
questions or comments before then, please, don't hesitate to reach out. All right. Thank
you, Vincent. Appreciate it very much.
Koontz: Thank you.
EXECUTIVE SESSION
13. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer
or to formulate a counteroffer (amended) and 74-208(1)(a) to consider
hiring a public officer, employee, staff member or individual agent,
wherein the respective qualities of individuals are to be evaluated in
order to fulfill a particular vacancy or need and (Amended on to
Agenda) 74-206(1)(a) to consider hiring a pubic officer, employee,
staff member or individual agent, wherein the respective qualities of
individuals are to be evaluated in order to fill a particular vacancy or
need.
Simison: Next item is Item 13.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move that we go into Executive Session per Idaho Code 74-206A(1)(a) and 74-
206(1)(a). Wait a minute. Yes.
Hoaglun: Mr. Mayor, I second the motion.
Simison: I have a motion and a second to go into Executive Session. Is there any
discussion? If not, clerk will call the roll.
Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, absent;
Perreault, yea.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
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Meridian City Council Work Session
Item#1. December 15,2020
Page 10 of 10
EXECUTIVE SESSION: (4:53 p.m. to 5:54 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: Motion and second to come out of Executive Session. Any discussion on the
motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it.
We are out of Executive Session.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move that we adjourn the meeting.
Hoaglun: Mr. Mayor, second the motion.
Simison: I have a motion and second to adjourn the meeting. All those in favor signify
by saying aye. Opposed nay. We are adjourned.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 5:54 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
1 / 4 / 2021
MAYOR ROBERT E. SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
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AGENDA ITEM
ITEM TOPIC: Approve Minutes of the December 1, 2020 City Council Work Session
APPROVED
Page 3
Meridian City Council Work Session
Item#1. December 1,2020
Page 9 of 9
Simison: Councilman Bernt.
Bernt: I move that we adjourn the meeting this evening.
Hoaglun: Mr. Mayor, second the motion.
Simison: 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 5:29 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
12/15/2020
MAYOR ROBERT E. SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
Page 12
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AGENDA ITEM
ITEM TOPIC: Approve Minutes of the December 1, 2020 City Council Regular Meeting
APPROVED
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Meridian City Council
Item#2. December 1,2020
Page 81 of 81
Simison: I have a motion and a second to vacate Item 5. Is there any discussion. If not,
all those in favor signify by saying aye. Opposed nay. The ayes have it.
MOTION CARRIED: ALL AYES.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move that we adjourn the meeting.
Hoaglun: Mr. Mayor, I second the motion.
Simison: Motion and second to adjourn. All those in favor signify by saying aye. Opposed
nay. The ayes have it. We are adjourned.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 11 :00 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
12/15/2020
MAYOR ROBERT E. SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
Page 94
7/tem 77
(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the December 3, 2020 City Council Joint Meeting with
Ada County Commissioners
APPROVED
Page 95
Meridian City Council-Ada County Commission-Joint
Item#3. December 3,2020
Page 14of14
Lachiondo: And my dad was Luke's principal. We went to high school together. So, he
just has to say nice things about me. All right. Well, I appreciate you all very much. I
think, you know, we are embarking and we, the county, is embarking on really this
process. You guys are first in line. So, good. But -- but with a number of our city's in Ada
county who will be coming in for area of impact negotiations and I can't think of, frankly,
a better city to kick it off, because I think there is such a great working relationship that
our staffs have and, as I said, the really thought and attention and sophistication that is in
your comprehensive plan I think is tremendous. So, thank you all so very much and I'm
sure we will all see each other on some other Zoom call here in the future. And with that
we will be adjourned.
MEETING ADJOURNED AT 2:48 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
12/15/2020
MAYOR ROBERT E. SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
Page 109
7/tem 77
(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Final Plat for Brody Square (FP-2020-0010) by Ian Connair of Kimley-Horn &
Associates, Located on the Northeast and Southeast Corners of N. Black Cat Rd. and W. Daphne St.
APPROVED
Page 110
Item#4.
C� fIEN ,
IN1,
IDAHO
PUBLIC HEARING INFORMATION
Staff Contact:Alan Tiefenbach Meeting Date: December 15, 2020
Topic: Final Plat for Brody Square (FP-2020-0010) by Ian Connair of Kimley-Horn &
Associates, Located on the Northeast and Southeast Corners of N. Black Cat Rd. and
W. Daphne St.
Information Resources:
Click Here for Application Materials
Page 111
Item#4.
STAFF REPORT C�
W IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 12/15/2020
Legend
DATE:
lei Praject Loco=or
TO: Mayor&City Council
b
FROM: Alan Tiefenbach,Associate Planner
208-489-0573
SUBJECT: H 2020-0010
Brody Square Final Plat
LOCATION: The site is located within the northeast ---
quadrant of N. Black Cat Road and W.
McMillan Road.,in the SW 1/4 of Section
27,Township 4 N.,Range 1W. y
I. PROJECT DESCRIPTION
Final plat consisting of 64 buildable lots, and 9 common lots on 14.5 acres of land in the R-8 zoning
district developing in a single phase.
II. APPLICANT INFORMATION
A. Applicant/Owner
Randy Clarno, Shelburne Properties, LLC—7629 E. Pinnacle Peak Rd, Ste 110 Scottsdale,AZ
85255
B. Representative:
Teller Bard,Kimley Horn—7740 N. 16t1i St, Suite 300,Phoenix,AZ 85020
III. STAFF ANALYSIS
The annexation,zoning,development agreement and preliminary plat for this development were
approved by City Council on July 21,2020 (DA 2020-138110). The preliminary plat consisted of 64
building lots and 7 common lots. All lots within the development comply with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 zoning district.
Amenities approved with this development include a pond, shade structure, seat wall,benches and
trail network bisecting the development approximately in the middle and running along the pond
amenity.
Page 1
Page 112
Item#4.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat in accord with the requirements listed in UDC I I-6B-3C.2. Because the final plat does not
increase the number of building lots and contains the same amount of qualified open space as shown
on the approved preliminary plat, Staff finds the proposed final plat is in substantial compliance with
the approved preliminary plat as required.
IV. DECISION
Staff recommends approval of the proposed final plat within the conditions noted in Section VI of
this report.
Page 2
Page 113
Item#4.
V. EXHIBITS
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Page 4
Item#4.
C . Common Drive Exhibits (date: 10/13/2020)
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Page 6
Page 117
Item#4.
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Page 120
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Page 10
Page 121
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Page 11
Page 122
Item#4.
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Page 12
Page 123
Item#4.
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Page 13
Page 124
Item#4.
VI. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst.
#2020-138110)and preliminary plat(H-2020-0032)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 City Engineer signature on the final plat,the applicant shall provide documentation
that ACHD has approved the vacation of Daphne St.
4. Prior to City Engineer signature on the final plat,the final plat prepared by Land Solutions,
LLP, stamped by Clinton W. Hansen, dated: 9/9/2020, included in Section V.B shall be
revised as follows:
a. Add a note which restricts homes on Lots 8-10,Block 1 to one-story.
b. Note 2: Add dimensions to easement language. (5-feet each side required, and 10-feet to
the the rear)
c. Note 10: Add Development Agreement Instrument Number 2020-138110.
d. Note 12: Add ACHD License Agreement Instrument Number.
5. Prior to the City Engineer signature on the final plat,the landscape plan,prepared by Kimley
Horn,dated 10/12/2020, included in Section V.D shall be revised to include a mitigation plan
approved by the City Arborist which indicates the total number and caliper inches of trees
proposed for removal and the total number of replacement trees proposed.
6. Prior to the City Engineer signature on the final plat,the landscape plan,prepared by
Kimley Horn,dated 10/12/2020,included in Section V.D shall be revised to depict 5-foot
wide landscaped buffers to separate the paved surface of the driveway from the fence on all
common driveways which contain solid fencing per UDC 11-6C-3D.5.
7. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets.
8. The development shall comply with standards and installation for landscaping as set forth in
UDC 11-313-5 and maintenance thereof as set forth in UDC 11-313-13.
9. The plat shall comply with the provisions for irrigation ditches,laterals, canals and/or
drainage courses, as set forth in UDC 11-3A-6.
10. The development shall comply with all subdivision design and improvement standards as set
forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common
driveways, easements,blocks, street buffers, and mailbox placement.
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.
Page 14
Page 125
Item#4.
12. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit.
B. PUBLIC WORKS
SITE SPECIFIC CONDITIONS:
1. An additional Type-1 streetlight is required at the south boundary of N. Black Cat Road.
2. The Construction Plans submitted with this application does not show the water main connection
to Black Cat at the northwest corner of the development (sheet 25). There is a note calling out
tapping Black Cat but the water main is not shown. This connection must be shown.
3. The maximum sanitary sewer mainline slope is 5%. The slope between the existing manhole and
MH 04 exceeds this,please revise.
4. The geotechnical investigative report prepared for this development indicates some very specific
construction considerations. The applicant shall be responsible for the adherence of these
recommendations to help ensure that groundwater does not become a problem within crawlspaces
of homes.
GENERAL CONDITIONS:
1. Sanitary sewer service to this development is available via extension of existing mains adjacent to
the development. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2. Water service to this site is available via extension of existing mains adjacent to the development.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
3. All improvements related to public life, safety and health shall be completed prior to occupancy of
the structures. Where approved by the City Engineer, an owner may post a performance surety for
such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC
11-5C-3B.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing,
landscaping, amenities,pressurized irrigation,prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final
plat signature. This surety will be verified by a line item cost estimate provided by the owner to the
City. The applicant shall be required to enter into a Development Surety Agreement with the City
of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or
bond. Applicant must file an application for surety, which can be found on the Community
Development Department website. Please contact Land Development Service for more
information at 887-2211.
7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
Page 15
Page 126
Item#4.
20% of the total construction cost for all completed sewer, and water infrastructure for a duration
of two years. This surety amount will be verified by a line item final cost invoicing provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety
agreement may be approved as set forth in UDC 11-5C-3C.
9. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
10. It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-1-413.
14. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill,where footing would sit atop fill material.
15. The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.
The design engineer shall provide certification that the facilities have been installed in accordance
with the approved design plans.This certification will be required before a certificate of occupancy
is issued for any structures within the project.
17. At the completion of the project,the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer's expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor's
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator
at 898-5500 for information on the locations of existing street lighting.
19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather
dedicated outside the plat process using the City of Meridian's standard forms. The easement shall
be graphically depicted on the plat for reference purposes. Submit an executed easement (on the
form available from Public Works),a legal description prepared by an Idaho Licensed Professional
Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x
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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 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.
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E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Development Agreement Between the City of Meridian and Baron Black Cat
LLC (Owner/Developer) for Modern Craftsman at Black Cat (H-2020-0022)
APPROVED
Page 129
ADA COUNTY RECORDER Phil McGrane 2020-174261
BOISE IDAHO Pgs=72 BONNIE OBERBILLIG 12/17/2020 08:17 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Baron Black Cat LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 15th day of December , 2020, by and between City of Meridian, a municipal
corporation of the State of Idaho,hereafter called CITY whose address is 33 E.Broadway Avenue,
Meridian, Idaho 83642 and Baron Black Cat LLC, a Colorado limited liability company, whose
address is 1401 171h Street,Ste.700,Denver,CO 80202,hereinafter called O"ER/DEVELOPER.
I. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of that certain
tract of land in the County of Ada, State of Idaho, described in Exhibit"A",
which is attached hereto and by this reference incorporated herein as if set
forth in full,herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code§ 67-651 1A provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for a rezone of
23.63 acres of land for the purpose of reducing the C-C zone from
approximately 8 acres to 4.23 acres and increasing the R-15 zone from
approximately 15.1 acres to 19.39 acres on the property listed in Exhibit"A",
attached hereto, under the Unified Development Code, which generally
describes how the Property will be developed and what improvements will be
made; and
DEVELOPMENT AGREEMENT—MODERN CRAFTSMAN AT BLACK CAT(H-2020-0022) PAGE 1 OF 8
Item#5.
1.5 WHEREAS, Owner/Developer made representations at the public hearings j
before Planning and Zoning Commission and the Meridian City Council,as to
how the Property will be developed and what improvements will be made;and
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1.6 WHEREAS, the record of the proceedings for the rezone, short plat,
conditional use permit,and development agreement modification held before
Planning and Zoning Commission and the City Council,includes responses of 1
government subdivisions providing services within the City of Meridian a
planning jurisdiction, and includes further testimony and comment; and
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1.7 WHEREAS, on the 27th day of October, 2020, the Meridian City Council
approved certain Revised Findings of Fact and Conclusions of Law and
Decision and Order ("Findings"), which have been incorporated into this
Agreement and attached as Exhibit"B"; and
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1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final l
plat; and
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1.9 WHEREAS,Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
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1.10 WHEREAS,City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions {
of this Agreement,herein being established as a result of evidence received by
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the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19,2019, Resolution No. 19-2179, and the UDC, Title 11. I
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1.11 WHEREAS, The Property described in Exhibit "A": shall no longer be j
subject to or governed by the terms of the prior Development Agreement and
Addenda (Inst. #'s: 106151218; 107025555; 107141993; 110059432; and
114054272).
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NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein,the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
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3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
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3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue,Meridian,Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Baron Black Cat LLC,
whose address is 1401 17th Street, Ste. 700, Denver, CO 80202, hereinafter
called OWNER/DEVELOPER, the party that owns and is developing said
Property and shall include any subsequent owner(s)/developer(s) of the
Property.
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3.3 PROPERTY: means and refers to that certain parcel(s)of Property located
in the County of Ada,City of Meridian and described in Exhibit"A", attached
hereto and by this reference incorporated herein as if set forth at length,which
land is subject to this Development Agreement.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
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5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
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5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
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a. Future development of this site shall be generally consistent with the submitted plat,
site plan, landscape plan, open space exhibit, and conceptual building elevations for
included in Section VII and the provisions contained in the Staff Report attached to
the Findings of Fact and Conclusions of Law attached hereto as exhibit`B".
b. The 10-foot multi-use pathway along Chinden Boulevard shall be constructed with
Phase 1 of the development and should be placed at least four(4)feet from the edge of
the common lot abutting the common lot reserved for ITD. E
c. Direct lot access to W. Chinden Boulevard (SH 20/26) shall be prohibited.
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d. The existing accesses onto Chinden Boulevard and N.Black Cat Road shall be closed
upon development of the subject site. j
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DEVELOPMENT AGREEMENT—MODERN CRAFTSMAN AT BLACK CAT(H-2020-0022) PAGE 3 OF 8
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e. Additional right-of-way shall be reserved for dedication to Idaho Transportation
District for the future widening of Chinden Boulevard,as shown on the plat as Lot 1,
Block 1.
f. The required landscape street buffers shall be constructed and vegetated along the
entire perimeter(along N.Black Cat and Chinden Boulevard)with the first phase of
development.
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g. The Applicant shall vegetate the common lot (Lot 1, Block 1), reserved for future
dedication to Idaho Transportation Department(ITD),with grass and not gravel until
such time that this lot is dedicated to ITD.
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It. The proposed commercial building located near the intersection of N.Black Cat Road
and W. Chinden Boulevard(SH 20/26)shall be constructed as a two-stoty structure as
generally depicted in the submitted concept renderings(see exhibit V1I.1)and as noted
on the revised CUP Site Plan.
i. The Vertically Integrated Residential Project area of the site shall adhere to the
specific use standards as outlined in UDC 11-4-3-41.
j. The required land use buffer between the C-C zoning district and the R-15 zoning
district is hereby waived as approved by City Council;the minimum distance between
buildings and across zoning districts is ten(10)feet per the multi-family specific use
standards (UDC 11-4-3-27).
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6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
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7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
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7.1 Acts of Default. Either patty's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
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7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty(180)days;provided,however,that
in the case of any such default that cannot with diligence be cured within such
one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2,Owner/Developer shall be deemed to have
consented to modification of this Agreement and de-annexation and reversal
of the zoning designations described herein, solely against the offending
s
DEVELOPMENT AGREEMENT—MODERN CRAFTSMAN AT BLACK CAT(H-2020-0022) PAGE 4 OF 8
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portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether
a default has occurred. This Agreement shall be enforceable in the Fourth
Judicial District Court in Ada County by either City or Owner/Developer,or
by any successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants,agreements,conditions,and
obligations contained herein.
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7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes,the time for such performance shall be extended by the amount
of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default and j
defaults waived and shall neither bar any other rights or remedies of City nor
apply to any subsequent default of any such or other covenants and conditions.
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8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer,prior to the
third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
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10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
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12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
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in any phase in which the improvements have not been installed,completed,and accepted by the City,
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or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
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14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall 3
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as 3`
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E.Broadway Avenue
Meridian,Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Baron Black Cat LLC
1401 17th Street, Ste. 700
Denver, CO 80202
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14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may j
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall j
survive any default,termination or forfeiture of this Agreement. 1
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16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that i
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
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17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
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to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor j
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owner/Developer has fully performed their obligations under this Agreement.
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18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement j
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City. 1
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21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City }
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Baron Black Cat LLC
By: wlaHhP,vJ I ��
Its: N1��er
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
STATE OF Co tOra O >
: ss:
County of D 61 V LK ).
On this 1 O day of De.ce M 6 e-✓ ,2020,before me,the undersigned,a Notary Public in and for said State,
personally appeared_M aA c vv 0-le S. known or identified to me to be the of Baron Black
Cat LLC,and the person who signed ab and acknowledged to me that he executed the same n behalf of said limited
liability company.
IN WITNESS WHEREOF,I have hereunto set my hand and axed my official seal the day and year in this
certificate first above written.
(SEAL) MELISSA JOY
NOTARY PUBLIC
STATE OF COLORADO Notary Publ' f r
IN ID 20194031189 Residing at:_ 5 T✓k 5 St. La f� a'�CO $Oa 3'�—
MY COM11MfSSION EXPIRES AUGUST 15,202
My Commission Expires: LPL usf /5,,:)-
STATE OF IDAHO )
ss
County of Ada }
On this 15th day of December ,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,ofthe City ofMeridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me
that such City executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2022
ttem#5. EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAN:-�
AND DECISION & ORDER
In the Matter of the Request for Rezone,Short Plat,Development Agreement Modification,and
Conditional Use Permit applications,by Baron Black Cat, LLC.
Case do(s). H-2020-0022
For the City Con neil Hearing hate of: October 13, 2021) (Findings on October 27, 2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of October 13,2020,incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of October 13,2020, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of October 13,
2020,incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 11.2020,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 lakes judicial notice of its Unified Development Code codified as
Title I l Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not irnpose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 13,2020, incorporated by reference.The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MODERN CRAFTSMAN—FILE#H-2020-0075) - I " Page 138
Item#5.
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that;
1. The applicant's request for Rezone, Short Plat, Development Agreement Modification,and
Conditional Use Permit is hereby approved per the conditions of approval in the Staff Report
for the hearing date of October 13,2020,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-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
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MODERN CRAFTSMAN—FILE#H-2020-0075) -2-
Page 139
Item#5.
City Code Title I I(UDC 11-5B-6F).
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 67-651IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved,said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52,Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of October 13,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MODERN CRAFTSMAN—FILE#H-2020-0075) -3- Page 140
Item#8.
By action of the City Council at its regular meeting held on the 27th day of October ,
2020.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: _10-27-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MODERN CRAFTSMAN—FILE#H-2020-0075) -4- Page 164
Item#5.
Exhibit A
STAFF REPORT E II]IA T�-
COMMUNITY DEVELOPMENT DEPARTMENT
HEARrNC 10/13/2020 Legend
DATE: '
® Project location
TO: Mayor&City Council
FROM: Joe Dodson,Associate Planner
------ ------ 17
SUBJECT: H-2020-0022
Modern Craftsman at Black Cat
LOCATION: The site is Iocated in the northeast corner
of N. Black Cat Rd. and W. Chinden
Blvd. (SH 2O126),in the SW '/4 of the
SW '/a of Section 22,Township 4N.,
Range 1 W. _
1. PROJECT DESCRIPTION
* Rezone a total of 23.63 acres of land for the purpose of reducing the C-C zone from
approximately 8 acres to 2-.26 423acres and increase the R-15 zone from approximately
15.1 acres to 21.37 19.39- acres;
■ Short Plat consisting of 2 building lots and 2 common lots on 21.59 acres of land in the
C-C and R-15 zoning districts;
■ Conditional Use Permit for a multi-family development consisting of 196 residential
units on 20.13 acres in the R-15 zone;
• Modification to the existing development agreements(Inst. Ws: 106151218; 107025555;
110059432; and 114054272) for the purpose of removing the subject property from the
boundaries and terms of previous agreements and enter into a new one, consistent with
the proposed development plan,by Baron Black Cat, LLC
Note. The Applicant is also applying forprivate streets and administrative design review. There
applications are reviewed and approved by the Director; Commission action is not required
Analysis of the building and private street design are provided below in section V
1I. SUMMARY OF REPORT
A, Project Summary
Description Details Page
Acreage 23.63(R-15—21.37 acres,C-C—2.26 acres)
Pagel
Page 142
Item#5.
Description Details I'.Ig,e
Future Land Use Designation Mixed Use Community
Existing Land Use(s) Commercial(tree farm)
Proposed Land Use(s) Multi-Family Residential and Commercial
Lots(#and type.bldg./common) 4 total lots— t multi-family residential; 1 commercial; 1
common lots;and 1 other lot.
Phasing Plan(#of phases) Proposed as one phase
Number of Residential Units(type 196 single-family,for rent units(single-family style on a
of units) single lot).
Density(gross&net) Gross— 8.7 dt/ac.;Net— 10.54 dulac.
Open Space(acres,total 3.78 acres of qualified open space overall(approximately
[%I/bufferlqualified) 17.5%)—2,36 acres for l I-3G requirements
(approximately 10.91/6);62,061 square feet proposed for
H-4-3-27(Multi-Family)standards.
1.89 acres of private open space is proposed(82.170
square feet;approximately 419 square feet per unit).
Amenities 5 qualifying amenities— 10" multi-use pathway;pool;
clubhouse;picnic area;and tot-lot(a dog park is also
proposed but does not meet UDC requirements to be a
qualifying site amenity).
Physical Features(waterways, NIA
hazards,flood plain,hillside)
Neighborhood meeting date;#of January 13.2020—7 attendees;
attendees: June 30, 2020—4 attendees
History(previous approvals) AZ-06-004; M 1-06-0 10/011; M1-07-004; MDA-10-004;
MDA-14-006:0A 9's 106151219, 107025555;
107141993, 110059432,8 2014-065517)
B. Com:iutnity Mctries
Description Details Page
Ada County_kLighway District
■ Staff report(yes,/no) No
+ Requires ACHD Commission No
Action(yes/no)
Access(ArteriaUCollectorslState Access is proposed via private streets off of Black Cat Rd.
HwylLocal)(Existing and Proposed) and Tree Crest WwDrive.There are two access points
proposed off ofN. Black Cat and one off of W.Tree Crest
W"Dn
Traffic Level of Service:
Stub StreetilnterconnectivitylCross Applicant is proposing private streets throughout the
Access development;a stub street connection is proposed to the
eastern property in the northeast corner of the property
(Rock Harbor Church site)and will connect with one of the
driveway connections on that site. No other vehicle
connections are proposed as the subject site is surrounded
by streets on 3 of the 4 property boundaries.
Existing Road Network No
Existing Arterial Sidewalks 1 Chinden Blvd(SH 2O126)abuts the southern property
Buffers boundary and is currently a two-lane roadway with no
improvements along its shoulder.There are no existing
sidewalks along the state highway;the Applicant is
proposing a 10-foot multi-use pathway within a common
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Page 143
Item#5.
Description Details Page
lot landscape buffer that will lay outside of the future ITD
right-of-way for SH 20/26.
Proposed Road Improvements
Distance to nearest City Park(+ 0.8 miles to Keith Bird Legacy Park(7.5 acres in size)
size)
Fire Service
■ Distance to Fire Station 2.2 miles from Fire Station#5
■ Fire Response Time This project lies within the Meridian Fire response time
goal of 5 minutes,
Resource Reliability Fire Station#5 reliability is 80%.
■ Risk Identification Risk Factor 2—residential with hazards(multi-family)
■ Accessibility Proposed project meets all required access,road widths,
and turnarounds;.Fire has signed off on Private Street
layout.
Police Service
■ Distance to Station 8.5 miles from Meridian Police Department
■ Response Time Approximately 5 '1 minute response time to an emergency.
■ Call Data Between 21112019- 1/31/2020,the Meridian Police Section VII.
Department responded to 258 calls for service within a
mile of the proposed development.The crime count on the
tails for service was 14. See attached documents for
detai Is.
Between 21112019- 1/31/2020,the Meridian Police
Department responded to 5 crashes within a mile of the
proposed development. See attached documents for
detai Is.
■ Additional Concerns None
West Ada School District
■ Distance(elem, ms,hs) Star Elementary—2.7 miles; Star Middle—5.0 miles;
Meridian High School—5.3 miles.
■ Capacity of Schools Star Elementary—420 students
Star Middle— tOOO students
Meridian High School—2400 students
■ #of Students Enrolled Star Elementary—522 students
Star Middle—704 students
Meridian High School— 1995 students
Water—Service will not be by the City of Meridian,as it falls within SUEZ North America service area.
Wastewater
■ Distance to Sewer Services Directly adjacent
■ Sewer Shed North Black Cat Trunkshed
■ Estimated Project Sewer See application
ERU's
■ WRRF Declining Balance 13.9
• Project Consistent with WW YES
Master Plan/Facility Plan
■ Impacts/Concerns Design and number of units clustered together is of
particular concern—staff is unclear as to haw a]I units will
be serviced.A utility layout depicting how all of the units
will be serviced while still meeting design requirements
will be required.
Page 3
Page t44
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Item#5.
111. APPLICANT INFORMATION
A. Applicant:
Baron Black Cat LLC— 1401 17`i' Street, Ste. 700, Denver, CO 80202
B. Owner:
Same as Applicant
C. Representative.
Kent grown Planning—3161 E. Springwood Drive, Meridian, ID 83642
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 5/1/2020 9/25/2020
Radius notification mailed to
properties within 300 feet 4/28/2020 9/23/2020
Site Posting 6/26/2020 9/29/2020
Nextdoor posting 4/28/2020 9/23/2020
V. STAFF ANALYSIS
A. Future Land Use Map Designation[https:llivo,tiv.meridiaitci(y.cttglcom, )lrm y
Mixed Use Community—The purpose of this designation is to allocate areas where community-
serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to
integrate a variety of uses,including residential,and to avoid mainly single-use and strip
commercial type buildings. Non-residential buildings in these areas have a tendency to be larger
than in Mixed Use Neighborhood(MU-N)areas,but not as large as in Mixed Use Regional (MU-
R) areas.Goods and services in these areas tend to be of the variety that people will mainly travel
by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those
living in and around the neighborhood are encouraged.
The subject site is surrounded btu existing Citv of Meridian Zoning and development that is both
existing and planned(the adjacent parcels are entitled but some have not yet begun
construction). The proposed land use of multi family residential and commercial are consistent
with the laud use types noted in the Future Land Use Map(FL UM) designation definitions and
preferred uses. The proposed product ttpe is by diqfinition multi jandlt,(more than 2 units on a
single building lot}but the Applicant has designed the units so to emulate single jandit.attached
and detached structures that share mews and pedestrian pathways rather that;public streets. The
proposed emit types also provide more private open spade than traditional multi-family
development,furthering its feel of single famili,residential. In addition, certain densities are
required to be metfor residential projects within the MU-Cfrture land use designation. The
proposed project as shown is appro.rimately 8 dulac, meeting the 6-15 dulac requirement(see
community metrics above). Therefore, 5tajjftnds the density proposed with the short plat and
rezone is consistent with the Future Land Use Map designations gfMixed Use Community(MU
C).
Mixed-arse designations also Require at least three(3) types oj'land uses. The proposed project
offers an area of commercial zoning that should accommodate multiple future uses. The
commercial lot is proposed with tu,o building sites that hate nniltiple suites so there is potential
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Item#5.
that distinct land uses will be available on-site. When analtizingprojects within the MU-C,future
land use designation, the approved andlor developed land uses nearby must be taken into
account. Therefore, Staff has taken into account adjacent land uses that can he traveled between
with relative ease, Directly to the east of this site is the.fttture Rock Harbor Church site, a
different use than proposed with this project. Within a halfmile to the ivest and of'of Chi►rden
Blvd, a mixed use project(Central Valley PlazalPollard Subdivision) is approved and will offer
multiple additional uses and emplovment opportunities that these future residences could use.
Within a half'mile to the east, the new Costco building has been approved and is in the process of
receiving building permit approval. Directly across N. Black Cat, more commercial development
is proposed within the Fairbourne Subdivision.
Staff initially had concerns with the overall site design but the Applicant has worked diligently to
take Staff's comments into account, speciflically in relation to this mired-use policy: "Mixed use
areas should be centered around spaces that are well-designed pztblic and quasi-public centers
of'activity. Spaces should be activated and incorporate permanent design elements and amenities
that foster-a wide vuriety of interests ranging from leisure to play. 7 hese areas should be
thoughtfWly integrated into the development andfurther place-making opportunities considered. "
The Applicant added additional commercial area to the project and moved the open space to a
more central location to help integrate the commercial with the proposed residential. Staff
particularly finds the plaza area between the clubhouse and one of the commercial buildings as a
great example of'integraling the uses as the commercial building fronts an the plaza and would
offer great pedestrian connectivity for residents in this project. Staff►nav prefer additional
commercial on the subject site more in line with the existing zoning areas, but Staff also
understands that nearby uses help mitigate the loss of commercial zoning on this specific parcel.
Sta f finds that the proposed lavout generally meets the MU C fitture land use designation
policies and goals.
The Applicant is also requesting to modify the recorded development agreements(Inst. Ws:
106151218; 107025555; 107141993; 110059432-, and 2014-065517) for the purpose of removing
the subject property from the boundary of the previous agreements and enter into a new
development agreement(DA)consistent with the proposed development plan. Staffs
recommended DA provisions are included in Section VIILAI. The new DA is required to be
signed by the property owners)/developer and returned to the City within 6 months of the
Council granting approval of the MDA by City Council and subsequent recordation.
The existing development agreement and subsequent addendums relate to a much larger area
than this specific cornet-on Black Cat Road and Chinden Blvd. (Highi'vq),20126j. One of the
addendunrs (from 2007)does directly address the existing tree farm and allows it to continue its
use as a tree faun until such time that the property is redeveloped. Because this new development
is one of the last portions of the larger area governed by the original DA to redevelop, the
Applicant wishes to remove this project site from that DA and its subsequent addendums and
enter into its own DA consistent with the proposed development plan. Staf finds anew DA will
allow the subject site to develop in a more cohesive and clean pattern while also eliminating the
need to amend the existing DA any further.
B_ Comprehensive Plan Policies (https:Iluwxr.meridiarrcihz.ar-gleompplan}:
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
"Avoid the concentration of any one housing type or lot size in any geographical area; provide for
diverse housing types throughout the City"(2,01,01G).Modern Crufsman at Black Cat is
of a new type of development within the Cily of Meridian b�,proposing single-fancily
attached and detached homes within a multi family setting, To both the north and to the west
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Item#5.
(across N. Black Cat Road) traditional detached single-fancily homes exist and are proposed. The
Applicant tropes to acid an additional housing tope in this area that will delineate a new housing
use in the City and add to the housing diversity available.
"Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities, and other best site design practices"(3.07.01A). The
proposed site design incorporates mews,private streets, common open space, and d&,rent
housing designs within the same parcel. Much of the surrounding development, especially the
closest.subdivisions, is of lower density, detached single-family development. Because of this, a
lot of the public testinioni,received has requested that this subject site emulate these subdivisions.
The subject site does not share the same fitture land use designation as the adjacent subdivisions
and therefore cannot be developed in the same way. Despite being a mi_sed use designation, the
Applicant has chosen to propose a development that is►node tip oj'mostly single-story structures.
The Applicant did this in order to be more compatible with surrounding residential development.
In regards to site design, the Applicant is proposing two-story townhomes along the eastern and
western boundaries; these townhomes will abut a parking lot far the adjacent Rock Harbor
Church on the east side of development and abut Black Cat along the western boundary and
landscape buffer.Also along the eastern boundary is a.smaller landscape buffer(approx. 10-feet
wide) that is approximately 520 feet in length and proposed with 5 trees and a vinnvl fence. The
Applicant has also proposed a ftm,of their larger detached structures (3-bedroom units)next to
the proposed townhomes along Black Cat to help with buff ring along the bus-v collector. Interior
of these townhomes is the nnain component of'this project, attached and detached single-story
homes mostly laid out in a detached four ple.x configuration. Sidewalks run throughout the
development and these attached and detached units making,far great pedestrian connectivity
throughout the site. In addition, the Applicant has proposed tivo sidewalk connections out to the
proposed►nulti-itse pathway extension along Chinden to help with interconnectivity between
parcels. Further pedestrian and open space analysis is in other sections of the staff'report belovv
The Applicant is not proposing any vehicular accesses onto Chinden Blvd. which is a welcomed
proposition for•ITD and Staff.Reducing access points to arterial.streets and state highways is a
major goal within the Citv's Comprehensive Plan and helps,funnel traffic in appropriate
manners. Stqtf'believes placing townhomes along Black Cat ofje►s an appropriate butler between
the busy collector roadway and the single-stoty structures that make up a majori4,of the
development. Itr addition, the subject site is bordered on three sides by public roads that have or
will have landscape bq fers. These landscape bu fers and the public roads should offer a needed
buffer.
"Establish and maintain levels of service for public facilities and services, including water, sewer,
police,transportation, schools, fire, and parks"(3.02.01G),All public utilities are available for
this project site due to the eristing.subdivision to the north,per Public !''Yorks comments. This
project also lies within the Fire Department response time goal. Chinden Boulevard is currently
being widened in multiple places along its corridor and will connect to the planned expansion of
Highwa-Y 16. It is the intent of these road improvements to help with current and,/inure
congestion along Chinden Boulevard. To help mitigate this, the applicant is not requesting arty
accesses onto Chinden but instead is proposing two access points to Black Cat and one access to
W Tree Crest Drive, essentially the northern border of the propero'.
West Ada School District has offered comments on this project and estimate an additional 156
school age children could reside in this communnhy. Of the closest neighborhood schools, Star
Elementary is the only school shown cis currently over enrolled. West Ada also notes that,future
students in this area could attend the at?vhee High School and Pleasant View E'le►nentary
School-Pleasant View is scheduled to open in Fall 2020. Sta f ienderstanrds that school
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Item#5.
enrollment is a major issue to be dealt with but at least in the northwest Meridian area, some
relief'appears•to be on the horizon with new schools opening up soon.
Staff finds that the existing and planned development of the immediate area create conditions for
adequate levels ofservice to,for this proposed project.
"Preserve,protect, and provide open space for recreation, conservation,and aesthetics"
(4.05.01 F). The proposed project offers open space that meets and exceeds the minimum
requirements in the zrnoied development code (UDQ. The Applicant has increased the amount of
open space over the course of discussions Kith Staff which improves the overall project. There
are three main areas of open space in this development but.smaller, qualifi-ing open space also
exists throughout the project. 77tese three main areas hold the proposed dog park, clubhouse and
pool, tot-lot, a plaza shared between some commercial and the open space lot, and a central vista
that connects both ends of the development with green space. This central vista is also anchored
at each end with amenities making the open space flow and feel as part of the development. See
f rrther analysis in Section Y.E and Y,L.
"Explore development and implementation of architectural and/or landscape standards for
geographic areas of the City."(5.01.02F). The proposed project site is not within a specific area
plan far the City but because it is a multi;fannily product, it is subject to design review. The
Applicant has submitted a concurrent administrative design review application that accompanies
Staff`:s review of the conceptual elevations. The architecture proposed throughout the residential
portion of tlae project offers modern design elements that include shed roof'combinations that are
combined with stucco and stone sidings,finished wood as a siding and accent material, and metal
as an accent material. Staff not only finds the submitted elevations to be in compliance with the
Architectural Standards Manual but also finds this type of architecture as unique and a welcome
addition to the neighborhood.
"Establish distinct,engaging identities within commercial and mixed use centers through design
standards."(2.49.03A).As discussed above, the proposed product type and architecture would
make Modern Craftsman at Black Cat a distinct area within the City, 77re Applicant has worked
with Staff to of jeer a site design that provides same integration between the commercial and
residential product types, In addition, there is a similar-look and feel in the development created
largely by the inclusion oj'the central vista and large amounts of private open space for tnulti-
,fiunily development. its noted above, Staff may desire more commercial on this parcel to offer
more opportunity to be integrated, but Staff cannot and should not analpze this project without
looking at the development around the subject site, without looking from a macro vieav of the
surrounding area. When taking all of the surrounding area into consideration. Sta("finds that the
proposed development meets a majority,of the mixed-use policies and objectives.
Staff fends this development to be generally consistent and in alignment with the
Comprehensive Plan and a majority,of the mixed use policies.
C. Existing Structures/Site Improvements:
The site currently houses a tree farm that has a number of small mobile home type structures.All
existing structures will be removed upon development of this site. In fact,under the terms of the
existing DA, this use was to cease long before now.
D. Proposed Use Analysis:
The proposed use is multi-family residential and commercial;the commercial area is relatively
small when compared to the residential,approximately 2 acres compared to 21 acres,
respectively. Multi-family residential is a conditional use in R-15 coning district per UDC Table
11-2A-2.The commercial area is already zoned and there are currently no tenants in place for the
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Item#5.
proposed commercial building suites. Because no tenants are currently known of, Staff cannot
review those uses for compliance in the C-C zoning district. Commercial buildings require
Certificate of Zoning Compliance(CZC)and Design Review so at that time Staff will evaluate
the uses for compliance.
The multi-family development is proposed to be constructed in one phase and incorporate both
detached and attached structures;of the 196 multi-family units,42 units are townhomes proposed
along the eastern and western boundaries of the site. As discussed previously, the multi-family
buildings are subject to design review and the Applicant has applied for this concurrently with the
conditional use permit application. The Applicant did not provide elevations for the future
commercial buildings, upon submittal of the required CZC, the Applicant will be required to
submit concun-ent design review for the commercial buildings. Tile Applicant has provided
conceptual elevations of the Clubhouse and it shares in similar architecture with the proposed
residential units as required by the specific use standards.
The proposed use is not a traditional tape of single-famili?or multi family development. it is a
h)-hrid of the two. The Applicant could have chosen to plat each one of these buildings
individually; the Applicant could also have proposed traditional 4-story garden style apartments.
Both potentials have their positives and negatives and the Applicant is proposing a different
product type to the 0 1,of Meridian. The proposed units are a majorit},of.single-stnrlf one, two,
and three-bedroom detached units without garages. The Applicant is proposing more traditional
apartment style parking but some units do have attached one-car garages.All of the townhome
units also have attached garages on their .first floor.
Largely, the proposed buildings in this development look like detached singlefumily homes but
have on-street parking and less primate open space than a standard 4,000 or 8,000 square foot
lot. However, the Applicant is proposing vastly more private open space than is required by UDC
far multi-family development. UDC requires at least 80 square feet per aunt and the Applicant is
proposing an average of'400 sq:rare feet per unit via small private wards for every single unit.
The design of this can be best seen on the open.space exhibit(see Exhibit VII.C)and the.fencing
plan shown on the last page of the landscape plans (see Exhibit VI1.D).
To be clear, the main proposed use is single f 7mily detached structures with on-street parking
Mat all reside on one single building lot. making it a multi family development by definition.
There are also traditional style townhome units but are also on the same building lot, making the
whole residential product type tnulti-family.
E. Specific Use Standards (UDC 11-4-3):
The proposed multi-family development use is subject to conditional use permit approval by the
Planning and Zoning Commission and subject to specific use standards outlined in UDC 1 1-4-3-
27 and below:
11-4-3-27—Multi-Family Development:
A. Purpose:
1. To create multi-family housing that is safe and convenient and that enhances the quality
of life of its residents.
2. To create quality buildings and designs for multi-family development that enhance the
visual character of the community.
3. To create building and site design in multi-family development that is sensitive to and
well integrated with the surrounding neighborhood.
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Item#5.
4. To create open space areas that contribute to the aesthetics of the community, provide an
attractive setting for buildings. and provide safe,interesting outdoor spaces for residents.
B. Site Design:
1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is
otherwise required by this title and/or title 10 of this Code. Building setbacks shall take
into account windows, entrances,porches and patios, and how they impart adjacent
properties. Proposed project complies with this requirement.
2. All on-site service areas,outdoor storage areas,waste storage,disposal facilities,and
transformer and utility vaults shall be located in an area not visible from a public street,
or shall be fully screened from view from a public street. The site plan depicts screened
trash enclosures;all proposed transforrner/utility vaults shall also comply with this
requirement.
3. A minimum of eighty(80)square feet of private,usable open space shall be provided for
each unit.This requirement can be satisfied through porches,patios, decks, and/or
enclosed yards. Landscaping, entryway and other accessways shall not count toward this
requirement. In circumstances where strict adherence to such standard would create
inconsistency with the purpose statements of this section, the Director may consider an
alternative design proposal through the alternative compliance provisions as set forth in
section 11-5B-5 of this title. The private, usable open space provided far each unit varies
with each unit type hart each one provides more than the required arnount. According to
the Applicant, the minimum private open space provided is 288 square feet, the nurvinium
far any one unit would be approximately 869 square.feet. and the average is
approximately,419 square feet, Again, this proposed design offers private opera space that
is more akin to single-fa►rtily developments but is still a multi-family product and the type
of housing that Baron Black Cat is aiming to provide.
4. For the purposes of this section, vehicular circulation areas, parking areas,and private
usable open space shall not be considered common open space. These areas were not
included in the common open,space calculations for the site.
5. No recreational vehicles,snowmobiles,boats or other personal recreation vehicles shall
be stored on the site unless provided for in a separate,designated and screened area.
,Applicant shall camphv with this requirement.
6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to
All Districts", of this title.See analysis in stajfreport below.
7. Developments with twenty(20) units or more shall provide the following:
a. A property management office.
b. A maintenance storage area.
c. A central mailbox location(including provisions for parcel snail)that provide safe
pedestrian and/or vehicular access.
d. A directory and map of the development at an entrance or convenient Iocation for those
entering the development. (Ord. 18-1773,4-24-2018)
Per the suhrnitted plans, the Applicant appears to meet these requir-ernentr.
The site plain submitted with the Certificate of Zoiting Comp Hai rce application shall depict
these items.
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Item#5.
C. Common Open Space Design Requirements:
1. A miniminn area of outdoor Common open space shall be provided as follows:
a. One hundred fifty(15 0) square feet for each unit containing five hundred(500)
or less square feet of living area.
b. Two hundred fifty(250)square feet for each unit containing more than five
hundred(500)square feet and up to one thousand two hundred(1.200)square
feet of living area.
c. Three hundred fifty(350)square feet for each unit containing more than one
thousand two hundred(1,200)square feet of living area.
Note: Open space standards fouled in UDC 11-3G AND those found in these specific use
standards shall applv to this project Please see the applicability section of both code sections.
Staff analysis for both open space requirements is in Section V L of this staf,�'repor t instead trf
splitting the analysis into two parts.
2. Common open space shall be not less than four hundred(400) square feet in area,and shall
have a minimum length and width dimension of twenty feet(20'). Proposed open space
subtnitled as meeting this requirement has been reviewed. All area labeled as qualified
conanon open space on the open space exhibit complies with this requirement.
3. In phased developments,common open space shall be provided in each phase of the
development consistent with the requirements for the size:and number of dwelling units.
This project is proposed to be developed in one(1)phase.
4. Unless otherwise approved through the conditional use process, common open space areas
shall not be adjacent to collector or arterial streets unless separated from the street by a
berm or constructed barrier at least four feet(4')in height,with breaks in the berm or
barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009,eff. retroactive to 2-4-
2009). The hu ffer along N. Block Cat Road a collector street, does not count toward the
common open space requirements for these speedis use standart& However, those areas
along the arterial and collector road►n)a),s do count towards the minimum 10%required
open space for the residential development as a whole.
D. Site Development Amenities:
1. All multi-family developments shall provide for quality of life,open space and recreation
amenities to meet the particular needs of the residents as follows:
a. Quality of life:
(1) Clubhouse.
(2) Fitness facilities.
(3) Enclosed bike storage.
(4) Public art such as a statue-
b. Open space.
(1) Open grassy area of at least fifty by one hundred feet(50 x 100') in size.
(2)Community garden.
(3) Ponds or water features.
(4) Plaza.
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c. Recreation:
(1) Pool.
(2) Walking trails.
(3) Children's play structures.
(4)Sports courts.
2. The number of amenities shall depend on the size of multi-family development as follows:
a. For multi-family developments with less than twenty(20) units,two(2)amenities shall
be provided from two(2)separate categories.
b. For multi-family development between twenty(20)and seventy five(75)units,three
(3)amenities shall be provided, with one from each category.
c. For multi-family development with seventy five (75)units or more, four(4) amenities
shall be provided, with at least one from each category.
d. For multi-family developments with more than one hundred(100) units,the decision
making body shall require additional amenities commensurate to the size of the
proposed development_
I.The decision making body shall.be authorized to consider other improvements in addition to
those provided under this subsection D,provided that these improvements provide a similar
level of amenity. (Ord.05-1174, 8-30-2005,eff. 9-15-2005)
Based on 195 proposed units,a minintunt of four(4) amenities are required,however,the
decision making body is authorized to consider other amenities in addition to those provided
per the standards listed above in 2.d
The following amenities are proposed front the qualify of life, open space and recreation
categories:a clubhouse with offices for rent by the residents,a tot-lot, a swimming pool,picnic
shelter with a BBQ area,aplaZa,community garden,and a small fenced dog park area.
Therefore,the Applicant is proposing 6 qualifying site amenities. The proposed dog park does
not meet the UDC requirements to qualify as a site amenity due to it not being large enough
and not showing the required trash receptacles or dog washing station. Even though it is not a
qualifying ameni(y,Staff presutns it will be used often.Staff recommends that at least trash
receptacles be added to the dog park area to ensure a clean and odorless experience is
incurred. In addition to these amenities, the Applicant is proposing 102 self storage lockers
(each locker is 12 square feet) spread throughout each of the garage buildings so that residents
may store small amounts of personal items onsite and near their units. This is also not a
qualif jring site antenit),but Stqfffinds that these will likely he heavily used even though not all
residents will be allowed to participate in it due to the difference in unit count and available
lockers.
E. Landscaping Requirements:
1. Development shall meet the minimum landscaping requirements in accord with
chapter 3, "Regulations Applying to All Districts", of this title.
2. All street facing elevations shall have landscaping along their foundation. The
foundation landscaping shall meet the following minimum standards:
a. The landscaped area shall be at least three Feet(Y)wide.
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b. For every three(3)1inear feet of foundation, an evergreen shrub having a mini III un;
mature height of twenty four inches (24")shall be planted.
c.Ground cover plants shall be planted in the remainder of the landscaped area.
The landscape plan provided appears to meet these specific use standard landscape
requirements. (see Exhibit PILD)
F. Dimensional Standards{UDC I1-2):
The commercial and multi-family residential lots appear to meet all UDC dimensional standards
per the submitted plat. In addition,all private streets appear to meet all UDC dimensional
standards per the submitted plans.
In addition,all subdivision developments are also required to comply with Subdivision Design
and Improvement Standards(UDC 11-6C-3). The proposed short plat and suburitled plums
appear to ineet the UDC requirements of this section.
G. Access(UDC I1-3A-3, I1-3H-4):
Access is proposed via private streets off of N. Black Cat Rd. and W. Tree Crest Drive. The two
proposed access points to Black Cat Road have been approved by ACHD but typically access to
Black Cat is limited by the City. The Applicant may request from City Council to keep the two
access points as proposed, in accord with UDC 11-3A-3. The Applicant is also proposing an
access in the northeast corner of the property via a shared driveway with the Rock Harbor Church
site. Private streets are proposed throughout the development,with two running east-west(W,
Waverton Ln. and W. Caragana Ln.)and two running north-south(N. Spurwing Ln and N.
Agrarian Ln.).Access via Chinden Blvd. is prohibited and is not proposed. Due to the nature of
the proposed use, Staff believes private streets are appropriate in this development.
Private streets are required to comply with the design and construction standards listed in UDC
11-3F-4 The proposed private streets are 25 feet wide with S foot or 7 fuot attached sidewalks
on both sides. Both open and covered parking is provided along most of the private streets.
Further parking analysis is discussed in the nest section,Section i:H. In addition,primate
streets are required to be on their own common lot or within an easement per UDC 11-3F-3E.3
standards. The submitted plat does not appear to show this requirement,Staff is
recommending a condition of approval to revise the plat to show compliance with this
requirement prior to the City Council hearing
H. Parking(UDC 11-3C]:
Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I-
3C-6 for multi-family dwellings based on the number of bedrooms per unit. Tile submitted and
revised plan named "Conditional Use Plan"appears to have the most rap to date parking counts
acid.show 497 spaces,for the entire development. 436 are proposed for the residents, 28 are
reserved,far the clubhouse, and the remaining 33 are for the proposed commercial. Qf the 436 for
the residential units, 179 spaces are uncovered, 134 are covered ca►port spaces, and the
remaining 123 are garage spaces. Across the di f Brent unit types there are 69 1-bedroom units,
100 2-bedrool►t traits, and 32 3-bedroom units. The 1-bedroom units require 1.5.spaces per units,
with at least one of the spaces being covered; the tivo and three bedroom units require 2 spaces
per unit, also with at least one covered per unit. Therefore, the minimum amount of parki►ag
required.1br the multi family portion oflhis developme►at is 360 spaces, with 196 af'those
required to be covered Therefore, the proposed parking count exceeds the rninimuni UDC
requirements.
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Item#5.
The commercial areas proposed in the southwest corner of the site is shown as l Z 789 square feet
that would be spread across ttii,o building pads—the smaller pad, appro_rimatelt,2,000 square
.feet, shares a plaza with the tot-lot and open space area near the west-central portion of the site.
For commercial uses, the parking requirement is one space for every 500 square feet and the
proposed commercial area requires a minimum of 26 spaces. Tile Applicant has proposed 33
spacer for the commercial area, exceeding the mininium amount required bu the UDC. A portion
of the proposed parking dir•ectlt,abuts the street and those utilising the com►ner•c•ial parking
would have to back into or drive directli,onto the private street in order to exit those spaces. This
is not prohibited by code but is far fi onr ideal. Staff believes this type o�('parking set up nrai)cause
additional accidents and therefore recommends a redesign ofthe parkingfar•the proposed
commercial area. This redesign should rnininrrrllr include a 5 foot wide landscape island along
the edge of this proposed parking area to eliminate this conflict. The Applicant shall still provide
the required number of parking stalls based upon the gross floor area of the proposed
commercial area.
A parking plan can be seen in Exhibit V11.E.
1. Pathways(UDC 1173A-8):
A I0-foot wide multi-use pathway is proposed along the entire W. Chinden Blvd, street frontage
and is proposed to be placed within the required arterial street landscape buffer.The proposed
pathway will be approximately 60-feet from the existing edge of right-of-way of Chinden Blvd.
due to fi ure widening projects.The Applicant is dedicating a separate,60-foot wide,non-
buildable lot along Chinden Blvd. for the future benefit of Idaho Transportation Department. This
section of multi-use pathway will allow further safe pedestrian connection along the SH 20126
corridor and will directly help connect this development with the adjacent Rock Harbor Church
site to the east and with development to the west and across N. Black Cat.
The multi-use pathway is also proposed to connect to anew 5-foot detached sidewalk along N.
Black Cat and to two internal connections from within the development. These sidewalk
connections offer further pedestrian connectivity between developments along the SH 20126
corridor.
The proposed sidewalks in this development are essentially micro-pathways. These pathways
connect throughout the entire development and traverse through every mew as well. They after
increased pedestrian connection and give future residents the opportunity to walk rather than
drive within the project site.
J. Sidewalks(UDC 11-3A-17):
Attached sidewalks are proposed along all internal private streets as part of the overall pedestrian
circulation, in accord with the standards listed in UDC I 1-3A-17. Part of the sidewalk plan places
one within a long vista that connects all the way from the clubhouse/tot-lot area in the west of the
site to the barbeque and picnic area in the east portion of the site.This area is proposed with
landscaping adequate to offer both shade and green space but does not appear to be so convoluted
with trees as to offer line of sight issues for public safety. Staff supports the sidewalk and
pedestrian circulation plan for this development. See Exhibit VI1.F.
K. Landscaping(UDC 11-3B):
A 35-foot wide street butler is required adjacent to W. Chinden Blvd., a state highway system
(SH 20/26), landscaped per the standards listed in UDC 11-3B-7C. A 35-foot wide common lot is
depicted on the plat to the interior of the 60-foot wide common lot for future 1TD purchase. There
is also a required 20-foot wide landscape buffer adjacent to N. Black Cat,a residential collector
roadway. This required landscape buffer should also be placed into common lot(s) per UDC
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Item#5.
standards in 11-313-7C.2. Staff is recommending a condition of approval to amend the plat to
show the entire buffer along N. Black Cat within a common lot. Per UDC I 1-3H-4D, and within
the required buffer along SH 20/26,the Applicant is also required to build a noise attenuation
wall or wall and berm combination at least i 0-feet in height,measured from the height of the
centerline of the highway. The Applicant is proposing a wall/berm combination that appears to
meet the height requirement. Staff notes that this wall is also required to modulate over the course
of its length. The submitted landscape plans do not appear to show this modulation so the
Applicant will be required to correct the plans prior to final plat submittal.
On the submitted landscape plans, there are no proposed trees or shrubs shown within the
required landscape buffer between the commercial lot and SH 20/26. This area of the landscape
buffer is also required to be landscaped and Staff is recommending a condition of approval to
include landscaping in this area beyond grasses. See Section VII.D for the submitted landscape
plans.
Landscaping is required along all pathways (including micro-pathways)in accord with the
standards listed in UDC 11-3B-12C The total lineal feet of pathways with the required and
proposed number of trees are NOT included in the Landscape Calculations table on the submitted
landscape plans,sheet LA.The addition of this data in the calculations table will be required
as a condition of approval.
Common open space is required to be landscaped in accord with the standards listed in. UDC H-
3G-3E.The total square footage of common open space and the required number of trees to
demonstrate compliance with UDC standards is NOT included in the Landscape Calculations
table. The addition of this data in the calculations table will be required as a condition of
approval.
The City,Arborist hers also made comments on the.subject application regarding its landscaping,
specifically on the type of tree species proposed. Frrxxinus "Ash"tree species attract a specific
and inversive pest and it is the request of the City Arborist that projects start trying to replace
these ttipes nf'trees iti°ith other tree species. Therefore, Staffis recommending a condition of
approval that the Applicant Mork with the Cie},Arborist on an appropriate alternative to their-
proposed "Ash"tree selection.
L. Qualified Open Space(UDC 11-3G):
A minimum of 100%qualified open space meeting the standards listed in UDC 11-3G-313 is
required. Based on the proposed plat of 21.59 acres, a minimum of 2.16 acres of qualified
common open space should be provided to satisfy this requirement. in addition, because this is a
multi-family development within a residential zoning district, the common open space standards
listed within the specific use standards, UDC 1 1-4-3-27, also apply, The Applicant's open space
calculations do not accurately depict the amount of required and proposed open space for
the multi-family specific use standards; Staff is recommending a condition to correct this
prior to City Council. According to Staffs calculations, a minimum of 55,000 square feet
(or 1.26 acres)of additional qualifying common open space should be provided. Combined,
the required amount of minimum qualifying open space that should be provided is 3.42
acres.
According to the open space exhibit(see Exhibit VII,C), the applicant is proposing a total of 3.78
acres of qualified open space. There are a number of small areas throughout the development that
are still green space but are not qualifying open space.Of the 3.78 acres proposed,2.36 acres is
proposed to meet the overall minimum 10%requirement(2.36 acres equates to 10.9%). This
qualified open space consists of a I0-foot multi-use pathway, common lots with open space areas,
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Item#5.
and required street buffers along adjacent roadways. This area exceeds the minimum UDC
requirements.
The remaining 1.42 acres of open space is proposed to meet the specific use standards for multi-
family development.These areas of open space consist of the mews between unit blocks
(including the long vista that connects the east side of the development with the west side of the
site),some end cap landscaped areas along streets, and smaller areas of open space that meet the
minimum 20' x 20' dimensions.The open space proposed to meet the specific use standards
exceeds the minimum UDC requirements.
As noted above, the common opera spaceprovided with this development exceeds the minimum
amounts required by code. In addition, the Applicant is proposing much more additional primate
open space than is required by code. Staff and the Applicant worked diligentiv together-to design
the open.space in such a way W integrate the commercial asses with the residential as required in
the MU-C policies and goals.
The Applicant responded to these conversations by providing a community-garden area that can
be shared by the commercial building and the nearby residents. Perhaps a future restaurant as
one ol'the commercial tenants could utilize this garden area for_ resh produce in their daily
operations. In addition. the Applicant proposed additional commercial space that shares a playa
space with the clubhouse and residents. There are a plethora of potential uses.for this including a
farrarer's market stele use or pop-up shops where tenants can utilize the sidewalk space far
fiurther interaction with customers. This plaza area is directly linked xvith the long vista in the
center o/'the development via micro pathwa}7s and stampedleolored concrete across the private
.street..s. Staff appreciates the additional delineation of pedestrian and vehicular travel iw vs but
wishes the Applicant ivould have proposed more stampedleolored concrete throughout the
development to add more character to the development and its pedestrian circulation. However,
Stgljt'supports the connection ol'open.space ftom one end of the site to the other and the fact that
the vista and open space areas are anchored br an amenity on the east end and amenities and
commercial space on the west end of the site. All in all, Staff finds that the proposed common and
private open space are sufficient.far a project of this size and proposed ecse.
M. Qualified Site Amenities(UDC 11-3G):
Based on the area of the proposed short plat(21.59 acres),a minimum of one(1)qualified site
amenity is required to he provided per the standards listed in UDC 11-3G-3C.
The applicant proposes one(1)qualified amenity to satisfy the requirements in this section of the
UDC, a 10-foot multi-use pathway along SH 2O126. All other site amenities(analyzed in an above
section) are meant to satisfy the specific use standard amenity requirements. The proposed multi-
use pathway meets the minimum UDC standards.
As noted above, the Applicant is proposing a s►nall dog park in the northwest corner of the
subject site(it is not a qualifying site arnenitv). Afulti family specie use standards do not allow
this area to count as open space if it up against a collector roadwav(Black Cat Road) unless
.separated from the street by a herm or harrier at least 4 feet in height with breaks in it to allow
far pedestrian:access.According to the submitted landscape plan. there appears to be no such
berm or barrier along this corner other than afince meant to delineate the actual dog park.
Therefore, the proposed dog-park area is not qualifj.ing opera space or a qualrl ing amenin,for
the multi fancily requirements. However, it is qualifying open space under the general minimum
10%requirement.
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Item#5.
N. Fencing(UDC 11-3A-6, 11-3A-
All fencing is required to comply with the standards listed in UDC 1 1-3A-T Fencing is proposed
a_s shown on the landscape plan and meets UDC standards as proposed.
❑. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual};
As discussed in the comprehensive plan policies analysis, Staff believes most of the submitted
elevations meet the required Architectural Standards.The applicant has submitted a concurrent
design review application and staff finds the submitted architecture of the residential portion of
the development complies with the ASM except for those elevations for the proposed townhome
style units. Commercial elevations were not submitted with this application but future buildings
should incorporate similar architectural features to ensure a cohesive design as envisioned by the
Comprehensive Plan and ASM. A separate DES will be required for the Commercial portion of
the development.
The submitted elevations far the proposed townhoine lrntne units shore only one field material,
stucco. The ASM requires at least two field materials for mtdti-family developrttent far facades as
long as those shown. Staff recommends the Applicant include more of the proposed lap siding
along both thefrom and tear./acades to meet the intent ofthe ASMgoals. In addition. the ASM
notes that no two multi-frtrrr.ily buildings should lank the same. To ensure compliance with at least
Me intent of this requirement, the Applicant.should create dijferentiation beM een some of'the 6-
plex, townhorne buildings through d&ring architectural designs and color palettes. Staff it
recommending conditions of'approval to correct this.
Iv7. DECISION
A. Staff:
Staff recommends approval of the requested conditional use:permit, short plat,rezone, and
development agreement modification applications per the Findings in Section IX of this staff
report. The Director approved the private street and administrative design review applications.
g. The Meridian Planning&Zoning Conunission heard these items on July 9,2020 and August 20,
2020. At the August 20, 2020 public hearing, the Commission moved to recommend approval of
the subject Rezone, Short Plat,Conditional Use Permit, and Development Agreement
Modification requests.
1. Summary of Commission public hearing:
a. In favor: Matthew Riggs,Owner;Elizabeth Schloss,Development Manager;Deborah_
Nelson, Owner Representative.
b. In opposition: Joe Warchol, neighbor;Nancy Eyerard neighbor, Richard Gilkey,
neighbor; Dave Jacobs, neighbor:
C. Commenting: Scott.Freeman, neighbor;Joe Warchol; Nancy Everard; Richard Gilkey;
Dave Jacobs. Lynn Southam•nei hg bor.
d. Written testimony;49 written testimonies outlining the same issues braught up_duri_ng
the hearing with the addition of a desire by a number of the neighbors for this land to be
developed similarly to Spurwing and not a mixed use development.
K. Staff presenting application: Joseph Dodson,Current Associate Planner
f Other Staff commenting on application: Andrea Pogue,Deputy City Attorney
?_ Kgy issue(s)of Public testimony:
a. Amount of parking available for future residents and for _commercial buildings;
specifically,wilt there be no parking signs placed along Tree Crest Drive and how will
the commercial parking be revised;
b. Added traffic of development and nature of apartment populations;
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Item#5.
G. Location of any public transportation and anypublic park:
d. Cost of high-end apartments and affordability of proposed apartment units;
e. Amount of commercial and a desire for more neighborhood commercial instead of
multi-family residential;
3_ Key issue(s) of discussion by Commission:
a. The amount of commercial acreage and why it is being reduced-this was the main
reason the project was continued to a new hearing date with a request that the Applicant
increase the commercial area. The Applicant did accommodate this request
Viability of incorporating vertically integrated development into the project to increase
b. the commercial and not lose any tunits;
Street type of Tree Crest Drive and whether parking is allowed-Tree Crest Drive is a
a, collector and there is no on-street parking allowed;
Design of the proposed commercial on the hard corner of Chinden and Black Cat-will
d. it be one or two stories;
Is the intent of the offices with-in the clubhouse_ intended to serve the development or go
e. beyond its borders;
Potential issues and resolutions of the required 25-foot buffer between the commercial
f zoning and the residential buildings.
4. Commission change(s)to Staff recommendation:
a. Update the staff report to include those provisions from the Staff memo following the
Applicant's changes to the commercial area of the site.
5. Outstanding issue) for City Council:
a. The Applicant will need to request a waiver from the City Council to reduce the land use
buffer between the GC zoning and the multi-family units proposed on the R-15 portion
of the project-specifically,that area between the Clubhouse and the smaller
commercial building and the residential to its east.
C. T&-Medd anC Council her thesQ-itemt _n c 4 2020.At the_pllic hearing.the
Council Moved to approve the subiee—ttRRez-o-neSlort Plat.Conditional Use Perm n
I eX lour Agr-urnwntMadifwg:6unxc imsts. ---
L Summary of the City CounciI - is hearinZ.
a, in_favar- eborah_Nelon-Ap�aiieant_T epai-R resent2�tixe}Kellt_Er9 n}APPl�cant_ltcn
b In opposition;.Iessica.Rieke,neighbor;.Karl-Reunion,neighbor.-.Ivseph Hammer,
neighbor;Denise La_Fever,nei &L-Ray Parkin On3-nciglib. r
t<. CQr__'mWing;_0-c-box hNdsm1es Keky-&ul.11ermi -Juawk.alma;-�isg
I.aFeYer;�enfBz�x+n;-13.ay P�rkinsQn.
Written testimony: One written comment since the Commission hearing-"DL"-
i_eit�ralira�th�iss�e��r�Rte�r�vi�tasly�ChQth�oxnm.is�ipn_l�cari.t�gs��g�tsling
density,traff �n� Qmtnercial_r�
e. Sta� � licav� Qd� A atPannerrOwj _
f Mer Staff corumcating.on-application:Notre
2. Key issuef f 12U lic testimon
L The pronos id density nd how it meshes with the existi u in Dey�dwtnent to the
RQ&
h, The reduction in theo_unt of commercial space is of major concern and should
remain as is currently zoned to help mitigate any density issue
C. Wlaat-is-the difference between lhe-oning.districts and-fuhue-land use designations,
s �cificali what is th to r imp�rtancc_to tl,e�o� satipn about densi allowed.
d: Amount of usable onei�srapiose an�i]10 it snit force resien_ts to use aoen
c ithin Snurwirie Subdiyik to the north.
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Item#5.
3, KPyiw-d§I-of-diaQ SL4xrjy CIty UUncL
a, Amount o c mrnerci;Lzenin mainingfrQnLcxisting-acres-of-C-C=ai-�11as-vveraU
square.footage of leaahlc comm_re vial spare=hew foes the��ti ctirzn in commgrcial
znn1ng a f f e e t-tIIg-m_era-1Wgy-ghou e-M
� L�r tio�s�f l�as�b�co�mercia] s a���rith�ii �C�ne_��dx��►e#her area�i�hzn
Clubhouse is available to the public or just future resident
[ i�11- -gf l p�c>2i but specifically,Whym-mud-of the.aanc>13ities and-Over
space are congrevatcd in the western third of the site-Applicant has stated that this
intentional so as to allow residents the option of living near to or Further away from the
ose propal amenities;
Pro used architect _11 desip o-f txrictwres=e_ar=to not offer much yari�ty
pifl=c-cin s haaJ�nx4llmelat-numibex�pres me � A plic nt�r xs�as se
provided to thQ C.',ity—the Applicant obtained more uQ2 to date numbers by re thing ou
Lq_West Ada dir the
f. What��e��Ra�e�ti�less.than a tWQ�st�xy cQmmc�ci�L�i�Lcta�gr�sl��b�rsi
Ci I�1e-t t hm lwQ-^�t_�r CQilr.00Ser-en ark in an
A-mrelmsabLepa -
City CwrwiI cbangr(sIto Coi-oy iminn-r-w-m r ondation=
a. Strike condition VIII A-.I.f as requested by the Applicant.
Approve the Applicant's request for a waiver of the requited 25-foot land use buffer
bptweer►tlte_C—C zQr�i.og4ss gt and th 13�-5-maing-dis rict Stgff to detcrmineinal
-tan on remise rav_i5i�nlconditionr
c- Council approved change in language rem ra Wing building�ermit application timeline to
remove require mut that plat must be:-n LW-app��fRr_hu n�_M�i .
Page 14 —
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Item#5.
VII. EXHIBITS
A. Revised Rezone Legal Descriptions and Exhibit Maps
EXHIBIT,
DESCRIPTION FOR
MODERN CRAFTSMAN SUBDIVISION
R-15 ZONING DISTRICT
A portion of Lots 1 and 2, Block 1 of Puma Subdivision as filed in Book 71 of}Mats at
Pages 7263 through 7264,records of Ada County, Idaho and a portion of the SW 114 of the SW
114 of Section 22,TAN.,R.1 W..B.M.,City of Meridian.Ada County, Idaho more particularly
described as follows:
Commencing at the SW corner of said Section 22 from which the S114 comer of said
Section 22 bears South 89°1T18"East,2647.24 feet;
thence along the South boundary line of said Section 22 South 89°1T18"East,287.86
feet to the REAL POINT OF BEGINNING;
leaving said South boundary line North 00°40'53"East,359.40 feet;
thence North 19'1220"East, 30.18 feet;
thence North 00°40'46"East, 227,75 feet.
thence North 83°45'26"West,300.45 feet to a point on the West boundary line of said
Section 22;
thence along said West boundary line North 00°30'42"East,253,71 feet;
thence leaving said West boundary line and along the southerly boundary line of Tree
Farm Subdivision No. 2 as filed in Book 114 of Plats at Pages 16914 through 16921,records of
Ada County,Idaho and the northwesterly extension thereof South 78°03'14"East, 104.00 feet to
an angle point an the southerly boundary line of Lot 2.Block 7 of said Tree Farm Subdivision
No.2;
thence along said southernly boundary line of said Tree Farm Subdivision No. 2 the
following 5 course and distances:
thence 61.63 feet along the arc of a non-tangent curve to the left, said curve having a
radius of 1.552.00 feet,a central angle of 02'16'31"and a long chord which bears North
10*48'30"East,61.63 feet;
thence North 55°40'41"East, 10.27 feet;
thence 151.39 feet along the arc of a non-tangent curve to the right,said curve having a
radius of 700.00 feet,a central angle of 12°23'31"and a long chord which bears South
71°18'06"East,15 1.10 feet;
thence South 65'06'21"East,221.65 feet;
Page I of 2
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Item#5.
thence 56.81 feet along the are of a non-tangent curve to the left,said curve having a
radius of 850.00 feet,a central angle of 03°49'45"and a long chord which bears South
67'01'18"East, 56.80 feet to a corner common to Lot 2, Block 7 of said Tree Farm Subdivision
No.2,and Lot 1, Block 7 of Tree Farm Subdivision No_ 1 as filed in Book 113 of Plats at Pages
16498 through 16505, records of Ada County, Idaho-,
thence along the South boundary line of said Lot 1, Block 7 the following 4 courses and
distances:
thence 135,28 feet along the arc of curve to the left, said curve having a radius of 850.00
feet, a central angle of 09'07'08"and a long chord which bears South 73029'44"East, 135.14
feet;
thence South 78°03'14"East,263.21 feet;
thence 183.86 feet along the arc of curve to the left, said curve having a radius of 841.73
feet,a central angle of 12*30'53"and a long chord which bears South B4°18'41"East, 183.49
feet;
thence 237.50 feet along the arc of a non-tangent curve to the left, said curve having a
radius of 841.73 feet,a central angle of 16009'58"and a long chord which bears North 81°20'52"
East,236.71 feet to the SE corner of said Lot 1, Block 7, point also being a point on the West
boundary line of said Rockbury Subdivision;
thence South 00°30'49"West,720.31 feet along said West boundary line and the
southerly extension thereof to a point on the South boundary line of said Section 22;
thence along said South boundary line North 89°17'18"West. 1,036.05 feet to the REAL
POINT OF BEGINNING. Containing 19.39 acres, more or less.
77'29OF
�
Page 2 of 2
Page 21
Page 162
Item#5.
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25 100 400
0 50 200 600
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SCALE: 1" — 200' ROCKBURY 0!
SUBDIVISION
SO'30'49"W 720,31'
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I�AH❑ EXH1517 DRAWING FOR JoeRD-
S9-144
SURVEY6955'h EM11EPn G9 MODERN CRAFTSMAN SUBDIVISION SHEET NO.
'Msj"�"G°°"w R-15 ZONING DISTRICT 1of2
[206]F,LQA
GROUP, L LC LOCATED IN THE SW h OF THE SW%OF SECTION 22.T W.R.I W-. Dve.DATE
e-u CITY OF mERIOlw.ADA COLINTY. DAHO e/3/2020
Page 22
Page 163
Item#5.
EXHIBJT
DESCRIPTION FOR
MODERN CRAFTSMAN SUBDIVISION
C-C (COMMERCIAL) ZONING DISTRICT
A portion of Lots 1 and 2, Block 1 of Puma Subdivision as filed in Book 71 of Plats at
Pages 7263 through 7264, records of Ada County, Idaho and a portion of the SW 114 of the SW
114 of Section 22,TAN.,R.1 W., B.M.,City of Meridian,Ada County, Idaho more particularly
described as follows:
BEGINNING at the SW corner of said Section 22 from which the S114 corner of said
Section 22 hears South 89°17'18"East,2647.24 feet;
thence along the West boundary line of said Section 22 North 00°30'42"East, 644.73
feet;
thence leaving said West boundary line South 83°45'26"East,300.46 feet;
thence South 00040'46"West,227.75 feet;
thence South 19'12'20"West,30.18 feet;
thence South 00°40'53"West, 359.40 feet to a point on the South boundary line of said
Section 22;
thence along said South boundary line North 89'1718"West,287,56 feet to the POINT
OF BEGINNING. Containing 4.23 acres,more or less.
D
7729
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Page 23
Page 164
Item#5.
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POB BASIS OF BEARING
IDAHOf 9'M EXHIBIT __ DRAWING FOR ,�u
SURVEY 9955W.EMEFALDST. MODERN CRAFTSMAN SUBDIVISION SHUT NO,
ear �.Q�, C--C ZONING DISTRICT 1
„e
GROUP, L LC LOCATED IN THE sw x OF nee SW 1)OF SECTIO�as. 4N,R 1W., oWa.WE
S.M..My ar NEWAN. A OUNIY 14I�H0 "/2020
Page 24
Page 165
Item#5.
B. RcyiScd Short Plat(dated:metre September 2020)
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Page 25
Page 166
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Page 26
Page 167
Item#5.
C. Open Space Exhibit(date: "''�20 9/29/2020)
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Page 27
Page 168
Item#5.
D. R-viod Landscape Plans(date: 6"4.�,�20 WjL2M)
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Page 28
Page 169
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t CONCEPT LANDSCAPE PLAN
- Page 29
Page 170
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Page 34
Page 171
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MATCF..INE 13
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Page 31 - —
Page 172
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Page 32 --
Page 173
Item#5.
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— Page 33
Page 174
Item#5.
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Page 34 -
Page 175
Item#5.
E. Wised Parking Plan{date: 5/14020
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Page 35
Page 176
Item#5.
F. Revised Pedestrian Circulation Plan
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Page 36
Page 177
Item#5.
G. Conceptual Building Elevations
MOOEDN.
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At BLACK aT
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rES1V�LE!_CPS FJC-•FiCFIi'.Ef il?40Cf•FROKi il_Y:
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Page 37
Page 178
Item#5.
MODERN
CRAFTSMAN
AT BLACK CAT
tiW'.I$i[}'I:w-;•f W ie P R0Dr•iRONTWW ME] ...
_'I,Slll SAGLE SLOPS ROOF-LOCK VIEW
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Page 38 -
Page 179
MODERN
CRAFTSMAN
AT EILAC K CAT
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Page 39
Item#5.
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Page 40
Page 181
Item#5.
MODERN
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AT[[LACK CAT
ewrw�ner
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Page 41
Page 182
Item#5.
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Page 42
Page 183
Item#5.
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Page 43
Page 184
Item#5.
H. Vertically Integrated Building Rendering
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Page 44
Page 185
Item#5.
I. Corner Commercial Rendering—2-story Conceit
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Page 45
Page 186
Item#5.
V11I. CITYIAGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1 . The subject property shall no longer be subject to the terms of the existing Development
Agreements(DA)(Inst.#Is: 1061512I8, 107025555; 107141993; 110059432; and 2014-
065517) upon the property owner(s)entering into a new agreement. The new DA shall be
signed by the property owner(s)and returned to the Planning Division within six(6) months
of the City Council granting subject modification. The new ❑A shall incorporate the
following provisions:
a. Future development of this site shall be generally consistent with the submitted
plat,site plan, landscape plan, open space exhibit, and conceptual building
elevations for included in Section VII and the provisions contained herein.
b. The I 0-foot multi-use pathway along Chinden Boulevard shall be constructed
with Phase 1 of the development-and should be placed at least four 4 feet
frain the edge of the common lot abutting the common lot reserved for 1TD,
c. Direct lot access to W. Chinden Boulevard(SH 20126)shall be prohibited.
d. The existing accesses onto Chinden Boulevard and N. Black Cat Road shall be
closed upon development of the subject site.
e. Additional right-of-way shall be reserved for dedication to Idaho
Transportation District for the future widening of Chinden Boulevard.as
shown on the plat as Lot 1, Block 1.
FF, Theonly appr--, yed access Lto N. Black Cat_Road is the H Riche est access
sitiin n the pFrepose d CUP as W. Wave,-ton Lane, unless City Council
appFON-eerthe seeeHd aeeees in cEerd with UPC 1-1 3 A 3.
g, The required landscape street buffers shall be constructed and vegetated along
the entire perimeter(along N. Black Cat and Chinden Boulevard)with the first
phase of development.
h. The Applicant small vegetate the common lot(Lot 1, Block 1),reserved for
future dedication to Idaho Transportation Department(1TD).with Vass and not
gravel until such time that this lot is dedicated to ITD.
i. The proposed commercial building located near the intersection of N. Haack
Cat Road and W. Chinden Boulevard(SH 24126) shall be constructed as a two-
story structure as depicted in the submitted concept renderings(see exhibit
Y-JI,I)a-nd as noted on the revised CUP Site PIan.
j. The Vertically Integrated Residential Project area of the site shall adhere to the
specific use standards as outlined in UDC 1]-4-3-41.
k. Tbesequiredland-usc—buffcLbctw-een the-C:!C-wning-di5triQ1 and the_ItI5
zaniU&! is�t-1s hereby waived a.a�royed by CiCouncil a minim►�rn
i nc between buil in and ro acss zoning districts is ten(IQ)feet per the
-
2. The short plat included in Section VII.B,dated.tune 2020, shall be revised as follows prior to
the City Council hearing;
a. Revi so the plat to i fie!tide the ent ire feqtii red landseape btt�r-along N+ Blaek Ca4 Read in
aeammen lai(s)pa,.1�1 3 B 7C.2.
- Page 46
Page 187
Item#5.
wi-t h it UDC 1-1 !3 F.3B.3.
c. Stamped and signed by the licensed land surveyor.
3. The landscape plan included in Section VII.D,dated 06/18/2020, shall be revised as follows
prior to submittal of the:Certificate of Zoning Compliance application_
a.
1 inear feet of pathways and the required number of Lrees per U DC 11 3 B 12); the total
b.
attenuation well !aiig W. Chin den B 1 vd. ;ii aeeerdwith UDG1.1 H 4D
C. ,
d. Revise the landscape plans to add a 5 foot wide landscape buffer along the north
path of traffie en the private StFeel+T-he bufl�r-shall be landseaped ifl aeeer4 with UDG
C.
c. Revise the landscape plans to show trash receptacles and bags for waste disposal
throughout the proposed dog park area,
f e to tl,e site lan and 1,
g. Sb_ow—the e_Qnm-n 1Q�diQ tamed for ate ITD ri t—f-w lick 111tQhe
jandKVgd_wi<th_ r _ansl r�stt- y -1.
4. The residential elevations included in Section VII.G,
: are approved as_submitted.
a.
the least di fferefit eola-palet es and field mat.Fial combinations.
e!ubh9HsL-
5. The Open Space fixhibit calculations table shall he eoffeeted to reflect the correct amount o
0. Future development shall be consistent with the:minimum diiaensional standards listed in
UDC Table 11-2A-5, UDC Table 1 i-2B-3,and those listed in the specific use standards for
multi-family development,UDC 114-3-27.
7. Off-street parking is required to be provided in accord with the standards listed in UDC Table
1-3C-5 for multi-family dwellings based on the number of bedrooms per unit.
9. With the CZC submittal,the Applicant shall correct the applicable plans to show additional
colored or stamped concrete(or similar) of the main pedestrian sidewalk that traverses
through the center of development to further delineate the pedestrian pathways-
- Page 47 -
Page 188
Item#5.
9, The Applicant shall work with the City Arborist on an appropriate alternative to their
proposed"Ash"tree selection and obtain approval from the City Arborist prior to Final Plat
approval.
10. The Applicant shall comply with all ACHD conditions of approval.
1 l: The Applicant shall obtain Administrative Design Review approval for the future commercial
buildings with the submittal of the Certificate of Zoning Compliance for the entire site.The
architecture of the commercial buildings shall complement that of the residential portion of
the project.
12. The Applicant shall obtain Certificate of Zoning Compliance approval for the entire subject
site prior to applying for any building permit.
13, Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-
]2,
14. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1 I-
3A-15, UDC 1 1-3B-6 and MCC 9-1-28.
15. Upon completion of the landscape installation,a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are in substantial
compliance with the approved landscape plan as set forth in UDC 11-3B-14.
17. The applicant and/or assigns shall comply with the private street standards as set forth in
UDC 1 I-3F-3 and 1]-3F-4,
18. The conditional use approval shall become null and void unless otherwise approved by the
City if the applicant fails to 1] commence the use, satisfy the requirements,acquire building
permits and commence construction within two years as set forth in LTDC 11-5B-6F.1; or 2)
obtain approval of a time extension as set forth in UDC 1 1-5B-6F.4,
19. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit a
public access easement for the inulti-use pathway(s)along Chinden Boulevard to the
Planning Division for approval by City Council and subsequent recordation.
20. Business hours of operation within the C-C zoning district shall be limited from 6 am to I f
pm as set forth in UDC I 1-2B-3A.4.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
L l Design and number of units clustered together is of particular concern—staff is unclear-as to
how all units will be serviced. A utility layout depicting how all of the units will be serviced
while still meeting design requirements shall be required.
1.2 Sanitary sewer mainlines are not allowed within common drives,only sewer services
(reminder that a maximum of three services are allowed into a manhole,with a minimum 30-
degrees of angle separation).
1.3 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A future installation
agreement is required for the streetlights on Chinden Blvd. Contact the Meridian
Transportation and Utility Coordinator for additional information.
1.4 Water service to this site is being proposed via extension of water mains under the
jurisdiction of SUEZ North America.
Page 48
Page 189
Item#5.
1.5 Though the City of Meridian will not own or maintain the water system in this development,
final fire hydrant location shall be coordinated with and receive approval from the Meridian
Public Works Department and Meridian Fire Department prior to construction plan approval.
1.6 Structures of 3600 square feet and larger including the garage, shall comply with the fire
flow,and hydrant requirements of appendix b and c of the 2015 International Fire Code.
1.7 Prior to construction plan approval,the applicant shall submit documentation from SUEZ
North America indicating that they have approved the water plans.
1.8 Prior to scheduling of a pre-construction meeting,the applicant shall submit documentation
from SUEZ North America that all of their requirements have been met to be able to go to
construction.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 5-6-5.
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 8I12"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. ❑❑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 signatttre 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.
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Item#5.
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 9-14 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
2.9 -shall
this subdi Yisian shall be reeei-ded,prior-to applying feF bui ldi fig penzRits.
2-10 priQrto 4ppl.ying-for.building permits,the followingroinimum items shall be
completed_ street sins are to be in place, the installation of sanitary sever and wa_t—r
;zYS� - x&ft_wales-sY- t�_bgtngfu&.�Ery i.-a_v_.QLnPwAgdrQaA b=gam_h1P_uf
supporting an 80,040 lb. fire truck shall be approved by cLe.i engineer, with written
confirmation of such approval submitted to the Meridian Building Department.
2.1 1 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing,landscaping,amenities,etc.,prior to signature on the final plat.
2.12 A]I improvements related to pubic 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-3 B.
2.13 Applicant shall be required to pay Public Works development plan review,and construction
inspection fees,as determined during the plan review process,prior to the issuance of a plan
approval letter.
2.14 It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
2.15 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers,
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
117 All grading of the site shall be performed in conformance with MCC l 1-12-3H.
2.18 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
2.19 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least l-foot above.
2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the j urisdiction of an irrigation
district or ACHD.The design engineer shall provide certification that the facilities have
been installed in accordance with the approved design plans. This certification will be
required before a certificate of occupancy is issued for any structures within the project.
2-21 At the completion of the project, the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards, These record drawings must be
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Item#5.
received and approved prior to the issuance of a certification of occupancy for any structures
within the project.
2.22 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the improvement Standards for Street Lighting. A
copy of the standards can be found at
http://www.meridiancity.org/public works.aspx?i d=272.
2,23 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond. Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20%of the total construction cost for all completed sewer,water and reuse
infrastructure for duration of two years.This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond.Applicant must fife 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
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D. POLICE DEPARTMENT
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E. PARK'S DEPARTMENT
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F. COMMUNITY PLANNING A$SoC1ATION OF SOUTHWEST 1DAHO(COMPASS)
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G. BOISE PROJECT BOARD OF CONTROL
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Item#5.
H. NAMPA&MERIDIAN IRRIGATION DISTRICT
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IX FINDINGS
A. Annexation and/or Rezone(UDC 11-53-3E)
Required Findings: Upon recommendation from the commission,the council shall make a
full investigation and shall, at the public hearing, review the application. In order to grant
an annexation andlor rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
Council,finds the proposed zoning neap amendment to adjust the areas of the existing R-15
and C-C zoning districts and subsequent development is consistent with the Comprehensive
Plan, if all conditions ofapproval are complied iviih.
Z. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
Council finds the proposed zoning map amendment and request,for the development of multi-
family residential will contribute to the range of housing oppoilunities available within the
City. Council,finds the proposed addition oj'cotnmercial within the development is generally
consistent with the purpose statement of the commercial district and.future land use
designation of Mixed Use Community.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
Council finds the proposed zoning map amendment should not be detrimental to the public
health.safety and welfare.
4. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the city including, but not
limited to,school districts; and
Council.finds the proposed zoning snap amendment will not result in an adverse impact on
the delivery,of'.services by anY political.subdivision providing public services within the Cite,
5. The annexation(as applicable)is in the best interest of city.
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Item#5.
The subjectpraperty is already annexed,- therefore Council finds that thi,s•.jinding is mtt
applicable.
B. Short Plat Findings:
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
Council .fads that the proposed plat, with Stajj's recornrnendations, is in substantial
compliance with the adopted Comprehensive Plan in regard to land use, densim
transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in,
Section V of this report,for more infarrnation_)
Z. 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 1r111 a/'the Staff'Report.liar 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 bj,the developtew at
their own cost, Council,finds that the subdivision will not require the expenditure oj'capital
inrproveinent.f cnds.
4. There is public financial capability of supporting services for the proposed development;
Council_finds there is public financial capability oj-supporting services for the proposed
development based upon comments from the public service providers(i.e.. Police, Fire,ACHD,
etc,). (See Section V11.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, .sgfet}; or environtnental problems associated with the
platting of this propertti� ACHD considers road safety issues in their analysis hilt has not
provided comments at this time.
G. The development preserves significant natural, scenic or historic features.
Council is unatit are of atty significant natural, scenic or historic features that exist on this site
that require preserving.
C. Conditional Use Permit Findings:
The commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Council finds that the submitted conditional use plat appears to meet all dimensional and
development regulations in the R-15 zoning district in which it resides.
- Page 53 -
Page 194
Item#5.
2. That the proposed use will be harmonious with the Meridian com1)rchcnsiNv plan and in
accord with the requirements of this title.
Council finds the proposed use ofnrarlti-farm!),residential and commercial are harmonious
with the comprehensive plain designation of Mixed-Use Com►rnwin�and the requirements e?f
this title.
3. That the design,construction,operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
Despite the proposed use being d&rent than the residential uses closest to the subject site.
Council finds the design, construction, and proposed operation and maintenance will be
compatible with other uses in the general neighborhood and should not adversely change the
essential character of'the same area,
4. That the proposed use,if it complies with all conditions of the approval imposed. will not
adversely affect other property in the vicinity.
Council finds the proposed use, if it complies with all conditions of approval imposed, will
not adversely affect other property:in the vicinity,
5. That the proposed use will be served adequately by essential public facilities and
services such as highways,streets, schools,parks, police and fire protection,drainage
structures, refuse disposal,water,and sewer.
Council funds the proposed use will he seared adequate!};by essential public facilities and
services as all.services are readily available and nearby streets are currently being widened
to accommodate additional traffic flown.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
All public facilities and services are readily available far the subject site so Council finds that
the proposed use will not be detrimental to the economic we fare of-the cornmunih,or create
e.cessive additional costs,for public facilities and services.
7. That the proposed use will not involve activities or processes,materials,equipment and
conditions of operation that will be detrimental to any persons,property or the general
welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors.
Although traffic will likely increase in the vicinity with the proposed use, all major roadways
adjacent to the site are planned for improvements in the meat-future. There%ore. Councilf finds
the proposed use will not be detrimental to any persons,propert}r, or the general K?elfare..
H. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.(Ord.05-1170, 8-34-
2005,eff. 9-15-2005)
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Item#5.
Council is not aware of any.such Jearures; the proposed use should not result in damage of
anY such.features.
D. Private Street Findings:
In order to approve the application, the director shall find the following:
1. The design of the private street meets the requirements of this article;
The Direetor_/inds that the proposed private street design meets the requirements.
2. Granting approval of the private street would not cause damage,hazard,or nuisance,or
other detriment to persons,property,or uses in the vicinity; and
The Director finds that the proposed private streets would not cause damage, hazard, or
nuisance, or other detriment to persons,property, or uses in the vicinity,ifall conditions of
approval are met.
3. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.(Ord.05-1170,8-30-2005,eff.9-15-2005)
The Director finds the use and location of the private streets do not col;fliet with the
comprehensive plan or the regional transportation plan because the proposed design meets
all requirements.
4. The proposed residential development(if applicable) is a mew or gated development.
(Ord. 10-1463, 11-3-2010,eff. 11-8-2010)
NA
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Item#5.
Exhibit A
Rezone Legal Descriptions and Exhibit Maps
EXHIBIT
DESCRIPTION FOR
MODERN CRAFTSMAN SUBDIVISION
R-15 ZONING DISTRICT
A portion of Lots 1 and 2, Block 1 of Puma Subdivision as filed in Book 71 of Plats at
Pages 7263 through 7264, records of Ada County, Idaho and a portion of the SW 114 of the SW
114 of Section 22,TAN., R.1 W., B.M., City of Meridian,Ada County, Idaho more particularly
described as follows:
Commencing at the SW corner of said Section 22 from which the S114 corner of said
Section 22 bears South 89°1T18"East,2647.24 feet;
thence along the South boundary line of said Section 22 South 89°1T18"East,287.86
feet to the REAL POINT OF BEGINNING;
leaving said South boundary line North 00°40'53"East, 359.40 feet;
thence North 19'12'20"East,30.18 feet;
thence North 00°40'46"East,227.75 feet;
thence North 83'45'26"West, 300.46 feet to a point on the West boundary line of said
Section 22;
thence along said West boundary line North 00°30'42"East,253.71 feet;
thence leaving said West boundary line and along the southerly boundary line of Tree
Farm Subdivision No. 2 as filed in Book 114 of Plats at Pages 16914 through 16921, records of
Ada County, Idaho and the northwesterly extension thereof South 78°03'14"East, 104.00 feet to
an angle point on the southerly boundary line of Lot 2, Block 7 of said Tree Farm Subdivision
No. 2;
thence along said southernly boundary line of said Tree Farm Subdivision No. 2 the
following 5 course and distances:
thence 61.63 feet along the arc of a non-tangent curve to the left, said curve having a
radius of 1,552.00 feet, a central angle of 02°16'31"and a long chord which bears North
10*48'30"East,61.63 feet;
thence North 55°40'41"East, 10.27 feet;
thence 151,39 feet along the arc of a non-tangent curve to the right, said curve having a
radius of 700.00 feet, a central angle of 12°23'31"and a long chord which bears South
71'18'06"East, 151.10 feet:
thence South 65°06'21"East,221.65 feet;
Page 1 of 2
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Item#5.
thence 56.81 feet along the arc of a non-tangent curve to the left, said curve having a
radius of 850.00 feet, a central angle of 03°49'45"and a long chord which bears South
67'01'18"East, 56.80 feet to a corner common to Lot 2, Block 7 of said Tree Farm Subdivision
No. 2,and Lot 1, Block 7 of Tree Farm Subdivision No. 1 as filed in Book 113 of Plats at Pages
16498 through 16505, records of Ada County, Idaho;
thence along the South boundary line of said Lot 1, Block 7 the following 4 courses and
distances:
thence 135.28 feet along the arc of curve to the left, said curve having a radius of 850.00
feet,a central angle of 09*07'08"and a long chord which bears South 73°29'44"East, 135.14
feet;
thence South 78°03'14"East,263.21 feet;
thence 183.86 feet along the arc of curve to the left,said curve having a radius of 841.73
feet, a central angle of 12°30'53"and a long chord which bears South 84'18'41"East, 183.49
feet;
thence 237.50 feet along the arc of a non-tangent curve to the left,said curve having a
radius of 841.73 feet, a central angle of 16°09'58"and a long chord which bears North 81'20'52"
East,236.71 feet to the SE corner of said Lot 1, Block 7, point also being a point on the West
boundary line of said Rockbury Subdivision;
thence South 00°30'49"West, 720.31 feet along said West boundary line and the
southerly extension thereof to a point on the South boundary line of said Section 22;
thence along said South boundary line North 89°1T18"West, 1,036.05 feet to the REAL
POINT OF BEGINNING. Containing 19.39 acres, more or less.
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Modern Craftsman H-2020-0022 page 3
Page 199
Item#5.
EXHIBIT
DESCRIPTION FOR
MODERN CRAFTSMAN SUBDIVISION
C-C (COMMERCIAL)ZONING DISTRICT
A portion of Lots 1 and 2, Block 1 of Puma Subdivision as filed in Book 71 of Plats at
Pages 7263 through 7264, records of Ada County, Idaho and a portion of the SW 114 of the SW
114 of Section 22,TAN., R.1 W., B.M., City of Meridian,Ada County, Idaho more particularly
described as follows:
BEGINNING at the SW corner of said Section 22 from which the S1I4 corner of said
Section 22 bears South 89°1T18"East, 2647.24 feet;
thence along the West boundary line of said Section 22 North 00°30'42"East, 644.73
feet;
thence leaving said West boundary line South 83°45'26"East, 300.46 feet;
thence South 00°40'46"West, 227.75 feet;
thence South 19'12'20"West, 30.18 feet;
thence South 00°40'53"West, 359.40 feet to a point on the South boundary line of said
Section 22;
thence along said South boundary line North 89°17'18"West, 287.56 feet to the POINT
OF BEGINNING. Containing 4.23 acres, more or less.
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7/tem 77
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E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Acceptance Agreement for the Display of Artwork in the Initial Point Gallery
APPROVED
Page 202
Item#6.
ACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK IN INITIAL POINT GALLERY,MERIDIAN CITY HALL
This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT
GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 15TH day of December
2020 ("Effective Date"), by and between the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho ("City"), and Mandy Henebry, an individual
person("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.")
WHEREAS,the City desires that public art will be a component of Meridian City Hall
by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian
City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point
Gallery");
WHEREAS, the Meridian Arts Commission ("Commission") recommends to the
Meridian City Council that Artist's artwork be displayed in Initial Point Gallery;
WHEREAS,the Meridian City Council accepts such recommendation and directs the
Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery;
and
WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of
public business, that Initial Point Gallery is a public place, and that while the City seeks to
encourage artistic expression and public dialogue, the City must simultaneously ensure that
Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and
perspectives feel welcome and comfortable;
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. SCOPE OF SERVICES.
Artist shall personally deliver artwork to Initial Point Gallery, on June 4, 2021, at such time as is
specified by the Gallery Curator. Artist shall be responsible for installing such artwork on June
4, 2021, at the direction of the Gallery Curator; shall allow the display of such work in Initial
Point Gallery from June 4, 2021 through July 1, 2021, in accordance with the terms of this
Agreement; and shall be responsible for removal of such artwork on July 2, 2021, at such time as
is specified by the Gallery Curator.
II. COMPENSATION AND SALE OF ARTWORK.
A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the
pleasure of the Meridian City Council. City shall not provide compensation to Artist for
services, work, and/or any activity undertaken pursuant to or related to this Agreement.
B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery
ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 1 Page 203
Item#6.
Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price
shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City
personnel shall not facilitate in any way the sale of Artist's work; any transaction related to
the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's
request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds
from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of
artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery,
provided that Artist replaces the removed piece with another piece of artwork within twenty-
four(24)hours of such removal. Artist shall coordinate the removal, replacement, and/or
substitution of any and all artwork with the Gallery Curator prior to such activity.
III.TIME OF PERFORMANCE.
Artist shall provide services described in this Agreement in a timely manner, as described herein.
Artist acknowledges and agrees that time is strictly of the essence with respect to this
Agreement, and that the failure to timely perform any of the obligations hereunder shall
constitute a default of this Agreement.
IV.INSTALLATION.
A. Coordination with Curator. Prior to the installation, removal, replacement, and/or
substitution of the display in Initial Point Gallery or any portion or component thereof, Artist
shall coordinate any and all such activity with the Gallery Curator. Artist shall be
responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date
of delivery of artwork to Initial Point Gallery to confirm details regarding the installation,
removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the
Gallery Curator as required by this paragraph shall constitute a default of this Agreement.
B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may
inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to
ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial
Point Gallery, and the Application and Acknowledgements Form completed by Artist, as
well as to ensure that such artwork may be safely and appropriately displayed in Initial Point
Gallery. If the Gallery Curator or the City concludes that the display or any portion or
component thereof does not meet the criteria set forth in these enumerated documents, does
not reflect artwork as described to the Commission or the Gallery Curator, or cannot be
safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City
may require the immediate removal of such artwork from Initial Point Gallery. Further, the
Gallery Curator or the City may require the immediate removal of such artwork from Initial
Point Gallery where such removal serves the best interest of the City.
V. DISPLAY.
A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in
Initial Point Gallery shall be, and is, original work conceived and created by Artist.
ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 Page 204
Item#6.
B. Photographs of artwork. City may photograph the artwork displayed in Initial Point
Gallery, as City may desire for purposes of advertising, marketing, and public information.
Where practicable and to the extent of City's authority, Artist shall be acknowledged on each
such photograph to be the creator of the original subject thereof, provided that photographic
reproductions of artwork shall not be identified as or represented to be the finished artwork.
C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for
purposes of advertising, marketing, and public information, without violation of Artist's
rights of privacy or any other rights Artist may possess under this Agreement,provided that
City shall not use Artist's logo, if any, for any purpose without the express, written
permission of Artist.
D. Use of City's name. City hereby conveys to Artist permission to use City's name for
purposes of advertising, marketing, and public information, without violation of City's rights
of privacy or any other rights City may possess under this Agreement,provided that Artist
shall not use City's logo for any purpose without the express, written permission of the
Mayor's Chief of Staff.
E. Removal of artwork by City. City shall have the right to remove Artist's artwork from
public display at any time and for any reason. Such removal may be temporary or permanent
in nature. Where such artwork is or is intended to be removed from public display for longer
than forty-eight(48)hours, City shall notify Artist in the manner set forth herein. While it is
intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth
herein, this period may be shortened by City for any reason, without notice to the Artist.
F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the
removal, replacement, and/or substitution of any and all artwork prior to such activity,
whether such activity is necessary due to the sale of a piece or for any other reason.
G. Simultaneous display. City may elect to display the work of more than one Artist or
Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner
and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery
Curator.
VI.INDEMNIFICATION,WAIVER,AND INSURANCE.
A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City
and any and all of its employees, agents, volunteers, and/or elected officials from any and all
losses, claims, and judgments for damages or injury to persons or property, and from any and
all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees,
guests, and/or invitees.
B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City,
including the right of contribution for loss and damage to persons or property arising from,
growing out of, or in any way connected with or incident to Artist's performance of this
Agreement, whether such loss or damage may be attributable to known or unknown
ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 205
Item#6.
conditions, except for liability arising out of the tortious conduct of City or its officers,
agents or employees.
C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or
damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by
Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the
artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or
agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as
may be required in order to protect Artist's insurable interests for its rights and obligations
described within this Agreement, including,but not limited to, liability insurance, automobile
insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed
in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of,
and/or damage to the artwork prepared for, transported to, transported from, installed or hung
in, and/or displayed in Initial Point Gallery.
VII. TERMINATION.
A. Termination for cause. If City determines that Artist has failed to comply with or is in
default of any term or condition of this Agreement, violated any of the covenants,
agreements, and/or stipulations of this Agreement, falsified any record or document required
to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of
misconduct in the performance of this Agreement; or if either Party willfully or negligently
defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party
shall have the right to terminate the Agreement by providing written notice to the defaulting
party of its intent to terminate, and shall specify the grounds for termination. The defaulting
party shall have two (2) calendar days, not including Sundays or federal holidays, after the
other party mails such notice to cure the default. If the default is not cured within such
period, this Agreement shall be terminated immediately upon mailing of written notice of
termination.
B. Termination without cause. City may immediately terminate this Agreement for any
reason at any time without prior notice to Artist.
C. Termination upon death or incapacity of Artist. This Agreement shall automatically
terminate upon the death or incapacity of Artist.
D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not
be construed as a waiver of a breach of the same or any other provision hereof.
VIII. GENERAL PROVISIONS.
A. Relationship of Parties. It is the express intention of Parties that Artist is an independent
party and not an employee, agent,joint venturer, or partner of City. Nothing in this
Agreement shall be interpreted or construed as creating or establishing the relationship of
employer and employee between Artist and City or between Artist and any official, agent, or
ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 Page 206
Item#6.
employee of City. Both parties acknowledge that Artist is not an employee of City. Artist
shall retain the right to perform services for others during the term of this Agreement.
B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with
any and all applicable federal, state, and local laws.
C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement,
Artist shall not discriminate against any person as to race, creed, religion, sex, age, national
origin, sexual orientation or any physical, mental, or sensory disability.
D. Entire agreement. This Agreement constitutes the entire understanding between the Parties.
This Agreement supersedes any and all statements, promises, or inducements made by either
party, or agents of either party, whether oral or written, and whether previous to the
execution hereof or contemporaneous herewith. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both parties hereto.
E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation,performance and enforcement of this Agreement. Venue shall be in the courts
of Ada County, Idaho.
F. Cumulative rights and remedies. 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.
G. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not
be affected.
H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations
under this Agreement that require or that may require Artist's artistic talent or expertise.
Artist may subcontract or assign obligations that do not require Artist's artistic talent or
expertise. All of the terms, provisions, covenants and conditions of this Agreement shall
inure to the benefit of, and shall be binding upon, each party and their successors, assigns,
legal representatives, heirs, executors, and administrators.
I. Notice.Any and all notice required to be provided by the Parties hereto, unless otherwise
stated in this Agreement, shall be in writing and shall be deemed communicated upon
mailing by United States Mail, addressed, if to the Artist, to the address written below, and if
to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either parry may change
its respective mailing address by giving written notice of such change in the manner herein
provided.
J. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement. Execution of this
ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 207
Item#6.
Agreement by the persons referenced below prior to such ratification or approval shall not be
construed as proof of validity in the absence of Meridian City Council approval.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the
Effective Date written above.
ARTIST:
Mandy Henebry,�:
Q,
Address: ) !� �- f I CYl(�L i
Phone:
E-mail: C ^AC iG`S
CITY OF MERIDIAN:
BY:
Robert E. Simison
Mayor
Attest:
Chris Johnson, City Clerk
ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6 page 208
7/tem 77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Agreement and Purchase Order for Benefits Brokerage Services to Gallagher
Benefit Services, Inc. for the Not-to-Exceed Amount of$65,000.00 Per Year and Authorize the
Procurement Manager to Sign
APPROVED
Page 209
Item#7.
C� fIEN
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Keith Watts, Procurement Manager Meeting Date: 12/15/2020
Presenter: Consent- N/A Estimated Time: N/A
Topic: PSA- Benefits Brokerage
Recommended Council Action:
Approve PO
Background:
Approve the Agreement and Purchase Order for Benefits Brokerage services to Gallagher Benefit
Services, Inc. for the Not-to-Exceed amount of$65,000 per year and authorize the Procurement
Manager to sign.
Page 210
CONTRACT CHECKLIST
I. PROJECT INFORMATION
Date: 12/3/2020 REQUESTING DEPARTMENT HR
Project Name: Benefits Brokerage
Project Manager: Christena Barney Contract Amount: $65,000
Contractor/Consultant/Design Engineer: Gallagher Benefit Services, Inc
Is this a change order? Yes ❑ No ❑✓ Change Order No. N/A
II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type
Fund: 1 Budget Available(Purchasing attach report):
Department 1540 Yes 0 No ❑ Construction ❑
GL Account 42025 FY Budget: 2019 Task Order ❑
Project Number: 11180 Enhancement: Yes ❑ No 0 Professional Service 0
Equipment ❑
Will the project cross fiscal years? Yes❑ No ❑✓ Grant ❑
IV. GRANT INFORMATION-to be completed only on Grant funded projects
Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded)
N/A N/A N/A N/A
Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach
V. BASIS OF AWARD
BID RFP/RFQ TASK ORDER
Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category
(Bid Results Attached) Yes ❑� No ❑ (Ratings Attached) Yes ❑� No Date MSA Roster Approved:
Typical Award Yes 0 No ❑
If no please state circumstances and conclusion:
Date Award Posted: 9/9/2020 7 day protest period ends: September 16,2020
VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION
PW License N/A Expiration Date: N/A Corporation Status Good Standing
Insurance Certificates Received(Date): Expiration Date: Rating:
Payment and Performance Bonds Received(Date): N/A Rating: N/A
Builders Risk Ins.Req'd: Yes ❑ No ❑ If yes,has policy been purchased? N/A
(Only applicabale for projects above$1,000,000)
VII. TASK ORDER SELECTION (Project Manager to Complete)
Reason Consultant Selected ❑ 1 Performance on past projects
Check all that apply ❑ Quality of work ❑ On Budget
❑On Time ❑ Accuracy of Construction Est
❑ 2 Qualified Personnel
❑ 3 Availability of personnel
❑ 4 Local of personnel
Description of negotiation process and fee evaluation:
N/A N/A
Enter Supervisor Name Date Approved
Vill. AWARD INFORMATION
Date Submitted to Clerk for Agenda: December 4,2020 Approval Date 12-15-2020 By: Council
Purchase Order No.: Date Issued: WH5 submitted N/A
(Only for PW Construction Projects)
NTP Date:
Page 211
Contract Request Checklist.5.24.2016.Final
Item#7.
AGREEMENT FOR PROFESSIONAL SERVICES
BENEFIT VALUATION CONSULTANT
Gallagher Benefit Services, Inc.
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 1 st day of
January, 2021, 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 Gallagher Benefit
Services, Inc., hereinafter referred to as "CONSULTANT", whose business address is
13965 W. Chinden Blvd., Suite 300, Boise, ID 83713.
INTRODUCTION
Whereas, the City has a need for services involving Benefit Brokerage
Services; and
WHEREAS, the Consultant is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Services:
1.1 CONSULTANT shall perform and furnish to the City upon execution of this
Agreement and receipt of the City's written notice to proceed, all services, and
comply in all respects, as specified in the document titled "Scope of Services" a
copy of which is attached hereto as Attachment "A" and incorporated herein by
this reference, together with any amendments that may be agreed to in writing by
the parties.
1.2 All documents, drawings and written work product prepared or produced by
the Consultant under this Agreement, including without limitation electronic data
files, are the property of the Consultant; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. If any
such work is copyrightable, the Consultant may copyright the same, except that,
as to any work which is copyrighted by the Consultant, the City reserves a royalty-
free, non-exclusive, and irrevocable license to reproduce, publish and use such
work, or any part thereof, and to authorize others to do so.
1.3 The Consultant shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
BENEFIT BROKERAGE SERVICES—GALLAGHER BENEFIT SERVICES, INC. Page 1 of 11
PROJECT#11180 Page 212
Item#7.
state and city laws, ordinances, regulations and resolutions. The Consultant
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. Except for that representation and any
representations made or contained in any proposal submitted by the Consultant
and any reports or opinions prepared or issued as part of the work performed by
the Consultant under this Agreement, Consultant makes no other warranties,
either express or implied, as part of this Agreement.
1.4 Services and work provide by the consultant at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Consultant shall be compensated as provided in Attachment B
"Payment Schedule" attached hereto and by reference made a part hereof for the
Not-to-Exceed amount of $65,000 per year ($5416.67 per month). The
compensation to Consultant shall not exceed the City's annual budget for
such services.
2.2 The Consultant shall provide the City with a monthly statement, as services
warrant, of fees earned and costs incurred for services provided during the billing
period, which the City will pay within 30 days of receipt of a correct invoice and
approval by the City. The City will not withhold any Federal or State income taxes
or Social Security Tax from any payment made by City to Consultant under the
terms and conditions of this Agreement. Payment of all taxes and other
assessments on such sums is the sole responsibility of Consultant.
2.3 Except as expressly provided in this Agreement, Consultant 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, Consultant 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. Time of Performance:
This agreement shall become effective on January 1, 2021 and shall expire on
September 30, 2026. Continuation of this contract beyond the current fiscal year
is subject to appropriation of funds for such purpose by City Council
BENEFIT BROKERAGE SERVICES—GALLAGHER BENEFIT SERVICES, INC. Page 2 of 11
PROJECT#11180 Page 213
Item#7.
4. Independent Contractor:
4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting
as an independent contractor, and neither CONSULTANT nor any officer,
employee or agent of CONSULTANT will be deemed an employee of CITY. Except
as expressly provided in Attachment A, Consultant has no authority or
responsibility to exercise any rights or power vested in the City. The selection and
designation of the personnel of the CITY in the performance of this agreement
shall be made by the CITY.
4.2 Consultant shall determine the method, details and means of performing the
work and services to be provided by Consultant under this Agreement. Consultant
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
Consultant in fulfillment of this Agreement.
5. Indemnification and Insurance:
CONSULTANT 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, to the extent caused or arising from, wrongful conduct or negligent
acts and/or errors or omissions under this Agreement by the CONSULTANT, its
servants, agents, officers, employees, guests, and business invitees, and not
caused by or arising out of the tortious conduct or negligence of CITY or its
employees. CONSULTANT shall maintain, and specifically agrees that it will
maintain, throughout the term of this Agreement, liability insurance in the minimum
amounts as follow: General Liability One Million Dollars ($1,000,000) per incident
or occurrence, Professional Liability / Professional errors and omissions One
Million Dollars ($1,000,000) aggregate, and Workers' Compensation Insurance, in
the statutory limits as required by law. The CITY shall be named an additional
insured on the General Liability policy. The aggregate liability under this
Agreement, if any, of either party to the other for claimed losses or damages shall
not exceed $1,000,000. This provision applies to the fullest extent permitted by
applicable law. CONSULTANT shall provide CITY with a Certificate of Insurance,
or other proof of insurance evidencing CONSULTANT'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 CONSULTANT begins performance of its
obligations under this Agreement. In the event the insurance minimums are
changed, CONSULTANT 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. 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
BENEFIT BROKERAGE SERVICES—GALLAGHER BENEFIT SERVICES, INC. Page 3 of 11
PROJECT#11180 Page 214
Item#7.
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY CONSULTANT
City of Meridian Gallagher Benefit Services, LLC
Purchasing Manager Attn: Charlie Isaacs, Area President
33 E Broadway Ave 13965 W. Chinden Blvd., Suite 300
Meridian, ID 83642 Boise, ID 83713
208-888-4433 Phone: 208-336-8666
Email: kwatts@meridiancity.org Email: charlie_isaacs@ajg.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.
7. 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.
8. 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.
9. Assignment: It is expressly agreed and understood by the parties hereto, that
CONSULTANT 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.
10. Discrimination Prohibited: In performing the Services required herein,
CONSULTANT 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.
11. Reports and Information:
11.1 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.
BENEFIT BROKERAGE SERVICES—GALLAGHER BENEFIT SERVICES, INC. Page 4 of 11
PROJECT#11180 Page 215
Item#7.
11.2 Consultant 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 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.
12. 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 CONSULTANT'S records with respect to all matters covered by
this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make
excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
13. 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.
14. Compliance with Laws: In performing the scope of services required hereunder,
CONSULTANT shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
15. Changes: The CITY may, from time to time, request changes in the Scope of
Services to be performed hereunder. Such changes, including any increase or
decrease in the amount of CONSULTANT'S compensation, which are mutually
agreed upon by and between the CITY and CONSULTANT, shall be incorporated
in written amendments to this Agreement.
16. Termination: If, through any cause, CONSULTANT, 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, in part or in its entirety, by giving written notice
to CONSULTANT of such termination and specifying the effective date thereof at
least fifteen (15) days before the effective date of such termination.
CONSULTANT may terminate this agreement at any time by giving at least sixty
(60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONSULTANT under this Agreement
BENEFIT BROKERAGE SERVICES—GALLAGHER BENEFIT SERVICES, INC. Page 5 of 11
PROJECT#11180 Page 216
Item#7.
shall, at the option of the CITY, become its property, and CONSULTANT shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
Notwithstanding the above, CONSULTANT shall not be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement
by CONSULTANT, and the CITY may withhold any payments to CONSULTANT
for the purposes of set-off until such time as the exact amount of damages due the
CITY from CONSULTANT is determined. This provision shall survive the
termination of this agreement and shall not relieve CONSULTANT of its liability to
the CITY for damages.
17. 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.
18. 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.
19. 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.
20. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information
or documents received from the Contractor may be open to public inspection and
copying unless exempt from disclosure. The Contractor shall clearly designate
individual documents as "exempt" on each page of such documents and shall
indicate the basis for such exemption. The CITY will not accept the marking of an
entire document as exempt. In addition, the CITY will not accept a legend or
statement on one (1) page that all, or substantially all, of the document is exempt
from disclosure. The Contractor shall indemnify and defend the CITY against all
liability, claims, damages, losses, expenses, actions, attorney fees and suits
whatsoever for honoring such a designation or for the Contractor's failure to
designate individual documents as exempt. The Contractor's failure to designate
as exempt any document or portion of a document that is released by the CITY
shall constitute a complete waiver of any and all claims for damages caused by
any such release.
21. Confidentiality: Consultant understands and acknowledges that all tests and
results (confidential information) are intended solely for the City. Consultant
agrees to hold all confidential information in confidence and will not disclose the
confidential information to any person or entity without the express prior written
consent of City.
BENEFIT BROKERAGE SERVICES—GALLAGHER BENEFIT SERVICES, INC. Page 6 of 11
PROJECT#11180 Page 217
Item#7.
22. 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.
23. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
CITY OF MERIDIAN GALLAGHER BENEFIT SERVICES, INC.
BY: BY: '
KEITH WATTS, Purchasing Manager CHARLIE ISAACS, Area President
Dated: Dated: 12/1/2020
Department Approval
BY:
CRYSTAL RITCHIE, HR Director
Dated:
BENEFIT BROKERAGE SERVICES—GALLAGHER BENEFIT SERVICES, INC. Page 7 of 11
PROJECT#11180 Page 218
Item#7.
Attachment A
SCOPE OF WORK
Plan Benchmarking:
Determine where the City of Meridian's Employee Benefit package falls in
comparison to market.
• Benchmark plan costs and employee contributions to industry, size and
regional standards on an annual basis and recommend changes, as
needed.
Financial Analysis:
Provide financial data to assist in understanding the costs associated with the
benefits offered and analytics to assist the Benefits Committee in making the
best decisions possible.
• Analyze factors driving Client's plan costs if experience data is available.
In connection with such analysis, review utilization reports to determine
possible causes of identified cost increases. Assist in managing risks and
costs of the employee benefits coverages.
• Provide cost projections and funding analysis (review of funding
methodology with emphasis on employer costs and the tier structure of the
contribution.)
• Model and analyze employee contribution scenarios.
• Provide predictive modeling to make recommendations to the key
designated representatives and/or the Benefits Committee for plan design
changes/enhancements and cost saving opportunities.
Strategic Planning:
Assist the Benefits Committee in planning for the future in terms of the benefits
package considering the growth of the City and market trends.
• Conduct strategic planning sessions to review performance of current
employee benefits coverage and establish future objectives and strategies
to manage employee benefit coverages.
• Meet with the key designated representatives and/or the Benefits
Committee on a monthly basis, to discuss strategy and open items.
• Identify and discuss trends and potential problems.
Renewal Analysis:
Assist in with the entire annual benefit renewal process, to include going out to
market, obtaining quotes, negotiating with carriers, communicating with the
Committee and obtaining final contract and plan documents.
BENEFIT BROKERAGE SERVICES—GALLAGHER BENEFIT SERVICES, INC. Page 8 of 11
PROJECT#11180 Page 219
Item#7.
• Develop insurance renewals within the City's budgeting timeframe. First
quotes for insurance renewal rates should appear the first week of May
and be solidified by the second week in June for approval by the Mayor
and City Council.
• When marketing, prepare an analysis comparing current costs, plan
designs, administration costs, network discounts and network
accessibility.
• Conduct an annual review during the renewal process to include
negotiations with current vendors/carriers.
• Upon request, develop an RFP for purposes of obtaining competitive
quotes from the marketplace. Conduct the process in full and provide
results to the key designated representatives and/or the Benefits
Committee.
• Be the primary point of contact during the bidding process.
• Identify and negotiate with insurers and other benefit program providers
while keeping the key designated representatives and/or the Benefits
Committee informed of significant developments.
• Assist with documentation and other steps to obtain commitments for and
implement insurance policies and other services selected.
• Review contracts for accuracy and conformity to specifications provided
by the City and the related negotiated coverages.
• Follow up with insurance carriers/providers for timely issuance of policies
and contracts.
• Assist Client in the implementation of the benefit program by dealing with
vendor/carriers and performing contract and SPD review for purposes of
determining conformity to the agreed upon plan provisions and costs.
Ongoing Services:
Keep the City of Meridian apprised of all legal and regulatory requirements,
provide claims reports, advise of any available technology platforms, assist in the
development of employee communications, assist with issues and interpretation
of benefit policies, attend Benefit Committee meetings and Council meetings as
requested, have good working relationships with carriers.
• Keep the Client informed of significant changes and/or trends in the
employee benefits marketplace.
• Establish comprehensive claims reports for identified coverages (medical,
prescription, dental) detailing paid claims (and reimbursements if
applicable), premium/funding and enrollment summaries. Review these
reports with the key designated representatives and/or the Benefits
Committee on an as needed basis.
BENEFIT BROKERAGE SERVICES—GALLAGHER BENEFIT SERVICES, INC. Page 9 of 11
PROJECT#11180 Page 220
Item#7.
• Evaluate and assist in the management of voluntary benefit products
offered to the employees.
• Advise of available technology platforms to support delivery and
administration of employee benefit plans.
• Assist Client in the development of paper and/or web-based
communication strategies.
• Act as a liaison between the City and insurers/providers for the lines of
coverage, services selected, customer service and any other issues that
may arise with the insurers/ providers.
• Assist with issues relating to interpretation of insurance policies/contracts.
• Provide information/coverage summaries for all new coverages and
updates on changes to existing coverages.
• Assist and provide guidance (as needed) with regard to regulation
compliance.
• Provide access to employee education resources, such as email template,
flyers, web-based videos, etc.
• Availability to attend City Council Meetings, as requested by the Human
Resources Department. Meetings are typically the 1st, 3rd, and 4th
Tuesdays of the month at 6:00 p.m.; and on the 2nd Tuesday of each
month at 3:00 p.m. Meetings are held at Meridian City Hall.
• Have working relationships with all major carriers for medical, dental and
vision. Specifically Blue Cross, Regence, Aetna, Select Health, Delta
Dental, Willamette and VSP.
Benefit Advocate Center (BAC) Core Services:
Maintain an employee customized and dedicated telephone number and email address
for questions regarding benefits, provider find, plan costs and claim issues. *(Hours of
Operation: Monday thru Friday, 9:00 a.m. to 7:00 p.m. MST.) The BAC will assist them
with the following service issues:
• Explain Client Benefits
• Provider Find
• Resolve ID Card Problems
• Claim Resolution
• Confirm Eligibility
• Enrollment Questions
• Navigating Claims Billing Issues
• Advise on Claims Appeal Process
BENEFIT BROKERAGE SERVICES—GALLAGHER BENEFIT SERVICES, INC. Page 10 of 11
PROJECT#11180 Page 221
Item#7.
Attachment B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$65,000 per year ($5416.67 per month).
TASK DESCRIPTION AMOUNT
Task 1 Scope of Work as described in Attachment A $5,000 per
month
Benefit Advocate Center (maximum $5,000 per $0.80 per
Task 2 year; $416.67 per month) employee per
month
$5,416.67 per
TOTAL month
Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel
and Expense Reimbursement Policy.
BENEFIT BROKERAGE SERVICES—GALLAGHER BENEFIT SERVICES, INC. Page 11 of 11
PROJECT#11180 Page 222
7/tem 77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Professional Services Agreement with Mountain Waterworks for the Final
Design of the WRRF Phosphorus Removal Project for the Not-To-Exceed Amount of$545,210.00
APPROVED
Page 223
Item#8.
C� fIEN
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Keith Watts, Finance Department Meeting Date: December 15, 2021
Presenter: N/A- Consent Estimated Time: N/A
Topic: Professional Services Agreement with Mountain Waterworks for the Final Design of
the WRRF Phosphorus Removal project for the Not-To-Exceed amount of
$545,210.00
Recommended Council Action:
Approve Agreement and authorize the Procurement Manager to sign agreement and PO in the
amount of$545,210.00.
Background:
This is the conclusion and final phase of design.
Page 224
Fite,48. CONTRACT CHECKLIST
11. 1 PROJECT INFORMATION
Date: 10/23/2020 REQUESTING DEPARTMENT Public Works
Project Name: Sidestream Phosphorus Recovery
Project Manager: Daniel Berthe Contract Amount: $545,210
Contractor/Consultant/Design Engineer: Mountain Waterworks, Inc.
Is this a change order? Yes ❑ No ❑J Change Order No.
II. BUDGET INFORMATION (Project Manager to Complete) Ili. Contract Type
Fund: 60 Budget Available(Purchasing attach report):
Department 3590 Yes ❑� No ❑ Construction ❑
GLAccount 96182 FY Budget: FY20-$550,000;FY21-$5,450,000 Task Order
Project Number: 10036.d Enhancement: Yes ❑ No (] Professional Service ❑
Equipment ❑
Will the project cross fiscal years? Yes 0 No ❑ Grant ❑
IV. GRANT INFORMATION-to be completed only on Grant funded projects
Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded)
N/A N/A N/A N/A
Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach
V. BASIS OF AWARD
BID RFP/RFQ TASK ORDER
Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category 2A
(Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved: 10/1/2020
Typical Award Yes ® No ❑
If no please state circumstances and conclusion: A
Date Award Posted: N/A 7 day protest period ends: N/A
VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION
PW License N/A Expiration Date: N/A Corporation Status Good Standing
Insurance Certificates Received(Date): 8/25/2020 Expiration Date: 3/16/2021 Rating: A++
Payment and Performance Bonds Received(Date): N/A Rating: N/A
Builders Risk Ins.Req'd: Yes ❑ No IN If yes,has policy been purchased? N/A
(Only applicabale for projects above$1,000,000)
VII. TASK ORDER SELECTION (Project Manager to Complete)
Reason Consultant Selected r/1 1 Performance on past projects
Check all that apply Q Quality of work ❑� On Budget
2 On Time ❑ Accuracy of Construction Est
❑� 2 Qualified Personnel
❑� 3 Availability of personnel
❑� 4 Local of personnel
Description of negotiation process and fee evaluation.-
The scope of work has been compiled based on decisions that were made as a result of the scoping meeting held during Preliminary Design efforts as well as from work
expectations based on the City's preferences for equipment and material being requested by Airprex.The scope of work has been reviewed by Engineering and Operations
personnel and is inline with our expectations for costs.Mountain Waterworks has completed work previously on time,within budget and has qualified personnel with significant
experience with the City of Meridian.
)0/Z3 Ito
Enter supervisor Name Date Approved
Vlll. AWARD INFORMATION
Date Submitted to Clerk for Agenda: 12/2/2020 Approval Date 12-15-2020 By: Council
Purchase Order No.: Date Issued: WH5 submitted N/A
(Only for PW Construction Projects)
NTP Date:
Page 225
Contract Request Checklist.5.24.2016.Final
Item#8.
TASK ORDER NO. 10036.d
Pursuant to the
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
CITY OF MERIDIAN (OWNER) AND NAME (ENGINEER)
This Task Order is made this 1st day of December 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", and accepted by MOUNTAIN
WATERWORKS, INC., hereinafter referred to as "Engineer" pursuant to the mutual
promises, covenant and conditions contained in the Master Agreement (category 2A)
between the above mentioned parties dated October 1 , 2020. The Project Name for
this Task Order is as follows:
WRRF Sidestream Phosphorus Removal - Final Design
PROJECT UNDERSTANDING-SUMMARY
This Task Order is for professional engineering to complete design engineering and bid
support services for the planned Sidestream Phosphorus Removal Project. The
sidestream phosphorus removal equipment evaluation and procurement tasks have
been completed under a separate task order. Construction support and startup services
will be provided in a future task order.
The City utilizes anaerobic digestion for solids stabilization at the WRRF. During the
anaerobic digestion process, a significant amount of nutrients (phosphorus and
ammonia) are released. The nutrient release causes two primary challenges for the
City:
• Struvite formation in piping, valves, tanks, and equipment downstream of
anaerobic digestion causing significant operation and maintenance problems and
expenses
• Nutrient return to the head of the WRRF resulting in concerns with meeting
nutrient limits contained in the current discharge permit; and future permit limits
are anticipated to be more stringent
Over the last 5 to 6 years, the City has spent a significant amount of time evaluating
various options for sidestream nutrient management. A number of engineering studies
were prepared and pilot testing was completed to determine the preferred approach for
Task Order 10036.d WWRF Sidestream Phosphorus Final Design Page 1 of 5
Mountain Waterworks
Page 226
Item#8.
sidestream nutrient management. Based on the work completed by the City, nutrient
recovery from the digested sludge immediately after anaerobic digestion has been
selected.
It is our understanding the City intends to sign an agreement with CNP/Centrisys to
supply an equipment package that includes their Airprex sidestream treatment system.
This task order is to assist the City with completing the design of the building,
supporting facilities, and sitework to construct the Airprex system. The design
documents will be prepared for a traditional design-bid-build construction delivery
approach. Specific tasks to complete the design engineering effort are described below.
SCOPE OF WORK
Task 1 — Project Coordination
Engineer will coordinate with the project team and City throughout the project related to
schedule, budget, and status updates. Monthly coordination meetings are anticipated.
Meeting minutes will be prepared for project coordination meetings and distributed to
attendees. Monthly progress reports will be prepared and submitted with monthly
invoices to document project progress. Each monthly progress report and invoice will
include a percent complete estimate for the project.
The project coordination task also includes internal Quality Assurance/Quality Control
measures for all deliverables in accordance with Engineer's policies and procedures.
Task 1 Deliverables:
• Monthly progress reports with invoices
• Meeting minutes
Task 2 — Site Investigations
The engineering team will engage and coordinate with the City's geotechnical
consultant and surveyor to incorporate that information into the project design
documents. Results from the geotechnical investigation will be reviewed and verified.
Engineer will provide any requests or comments in writing to the geotechnical
consultant as needed for design coordination. The contents of the geotechnical report
will be used for the new building foundation and earthwork design criteria and
recommendations. Site survey and control points provided by the City's surveyor will be
incorporated and utilized for the civil site design.
Engineer will investigate existing site utilities and meet with the City to determine
available site water supply, drainage, and electrical and control systems for connecting
service to the new facility. Utilities and site drainage will be coordinated with the
Digester 6 project being designed by others.
Task Order 10036.d WWRF Sidestream Phosphorus Final Design Page 2 of 5
Mountain Waterworks
Page 227
Item#8.
Task 2 Deliverables:
• Written comments or requests based on geotechnical engineering review (if
needed)
• Site visit reports to document site utility visits
Task 3 — Preliminary Engineering Report
Engineer has prepared a draft of the Idaho Department of Environmental Quality (IDEA)
required Preliminary Engineering Report (PER) for review and approval. The PER
includes preliminary design drawings, detailed design criteria, performance goals, and
opinion of probable construction cost. An initial review meeting will be held with IDEA to
provide them with an overview of the project prior to submitting the PER.
Task 3 Deliverables:
• IDEQ project coordination meeting with meeting minutes provided.
• Draft PER for City review
• Final PER for City and IDEQ review and approval
Task 4 — Design Development
Engineer will prepare design drawings to progress the design of the project to 50, 90,
and 100 percent completion levels. The design will be based on the Airprex sidestream
treatment system sized for a near-term projected digestate flowrate of approximately 75
gpm utilizing a single reactor tank with provisions to add process capacity and
redundancy (additional tanks and equipment) in the future to meet the projected flow of
145 gpm (estimated 2040 digestate flow). A full set of draft specifications will be
completed and submitted with the 90 percent complete drawings to the City for review.
Engineer will provide opinion of probable construction cost at 50, 90, and 100 percent
complete stages.
Three design review workshops are anticipated. The first workshop will be a 3-day
preliminary design focused workshop to progress the design quickly from approximately
10 percent to 50 percent complete. The initial workshop will involve the engineering
team and City to efficiently make the decisions necessary to carry the design forward,
incorporating each design discipline. Additional single day workshops will be held after
the 50 and 90 percent design milestones. City comments received by the engineering
team during the 90 percent design review workshop will be incorporated into the final
100 percent complete plans and specifications that will be utilized for IDEQ approval
and construction bidding.
The design documents will include the City's standard asset management naming
conventions for mechanical, electrical, and instrumentation equipment.
Task Order 10036.d WWRF Sidestream Phosphorus Final Design Page 3 of 5
Mountain Waterworks
Page 228
Item#8.
Task 4 Deliverables:
• 50 and 90 percent complete plans for City review and approval
• Initial, 50, and 90 percent complete workshop meeting minutes and
documentation
• Draft Specifications for City review and approval
• 100 percent complete plans and specifications for IDEQ approval and
construction bidding
• 50, 90, and 100 percent opinion of probable cost
Task 5 — Bidding Assistance
Engineer will assist the City during the bidding process for the construction of the new
treatment facility by responding to technical questions from prospective bidders.
The City will facilitate the bidding process. Engineer will assist the City in responding to
technical questions that the City is unable to answer through review of the Contract
Documents for City's use in preparation of addenda.
Task 5 Deliverables
• Written responses to technical questions submitted during the bidding process
• Attend pre-bid meeting, prepare and distribute meeting notes to attendees
The anticipated schedule is as follows:
• Complete Final Preliminary Engineering Report — within 2 weeks of receiving City
comments
• Hold Initial Design Coordination Workshop — within 6 weeks of receipt of Notice
to Proceed
• Complete 50 percent complete plans — within 10 weeks of Notice to Proceed
• City 50 Percent Review— assume 2 weeks
• Complete 90 percent complete plans and draft specifications — within 3 weeks of
receiving City comments
• City 90 Percent Review— assume 2 weeks
• Complete 100 percent complete plans and specifications — within 3 weeks of
receiving City comments
ASSUMPTIONS
The following assumptions are made for this scope of work:
• The City will provide geotechnical and survey information required for design
• The City will provide record drawings in CAD format (base file) for existing on-site
facilities and utilities
Task Order 10036.d WWRF Sidestream Phosphorus Final Design Page 4 of 5
Mountain Waterworks
Page 229
Item#8.
• The City will advertise and manage the bidding process
• Construction support services will be completed in a future Task Order,
anticipated to include the following:
o Construction administration and support
o Project startup
o Project O&M manual update and project record drawings
TIME OF COMPLETION and COMPENSATION SCHEDULE
COMPENSATION AND COMPLETION SCHEDULE
Task Description Estimated Completion Date Compensation
1 Project Coordination ■ Ongoing ■ $46,048.00
2 Site Investigations ■ Estimated within 4 weeks of notice ■ $17,316.00
to proceed
3 Preliminary Engineering Report ■ Estimated within 2 weeks of City • $6,566.00
comments
4 Design Development ■ Estimated within 20 weeks of notice ■ $460,919.00
to proceed
5 Bidding Assistance • TBD • $14,361.00
TASK ORDER TOTAL: $545,210.00
The Not-To-Exceed amount to complete all services listed above for this Task Order is five
hundred forty-five thousand two hundred ten dollars ($545,210.00). No compensation will
be paid over the Not-to-Exceed amount without prior written approval by the City in the form
of a Change Order. No travel or expenses will be reimbursed through this agreement. All
costs must be incorporated in the individual tasks within the Compensation and Completion
Schedule above.
CITY OF MERIDIAN MOUNTAIN WATERWORKS, INC
BY: BY: '
KEITH WATTS, Purchasing Manager STUART HURLEY, President
Dated: Dated: 11/20/20
City Project Manager:
Dan Berthe
Task Order 10036.d WWRF Sidestream Phosphorus Final Design Page 5 of 5
Mountain Waterworks
Page 230
7/tem 77
(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Resolution No 20-2247: Adopting the Extension of Changed Application Fees for
Alcohol Catering Permits,Temporary Use Permits for Promotional Sales Units, and Limited Duration Sign
Permits; Authorizing City Departments to Collect Such Fees and Providing an Effective Date
APPROVED
Page 231
Item#9.
C� fIEN ,
IN4,
IDAHG-.
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Tori Cleary, Community Development Meeting Date: December 15, 2020
Presenter: Tori Cleary Estimated Time: 0.0
Topic: Resolution No 20-2247: Adopting the Extension of Changed Application Fees for
Alcohol Catering Permits, Temporary Use Permits for Promotional Sales Units, and
Limited Duration Sign Permits; Authorizing City Departments to Collect Such Fees
and Providing an Effective Date
Recommended Council Action:
Approval of Resolution No 20-2247 Adopting the Extension of Changed Application Fees for
Alcohol Catering Permits, Temporary Use Permits for Promotional Sales Units, and Limited
Duration Sign Permits,Authorizing City Departments to Collect Such Fees and Providing an
Effective Date.
Background:
Following early COVID-19 related restrictions and guidelines,the City Council approved
Resolution No 20-2209 on May 12, 2020, approving the waiver of permit fees for Alcohol Catering
Permits, Temporary Use Permits for Promotional Sales, and Limited Duration Sign permits
through December 31, 2020.
The waivers of these three permit fees have saved local businesses almost$10,000 at a time when
restaurants and other businesses that rely on in-person customers have been heavily impacted by
previous closure orders and continuing social distancing requirements.
Permits Issued May 13, 2020 - November 30, 2020
Alcohol Catering Permits - 33 permits, covering a total of 363 days
Temporary Use Permits - 18 permits
Limited Duration Sign Permits - 23 permits
Staff is recommending that the fee waivers for these three permits be extended through March 31,
2021.
Page 232
Item#9.
CITY OF MERIDIAN RESOLUTION NO. 20-2247
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
HOAGLUN, PERREAULT, STRADER
A RESOLUTION ADOPTING THE EXTENSION OF CHANGED APPLICATION FEES FOR
ALCOHOL CATERING PERMITS, TEMPORARY USE PERMITS FOR PROMOTIONAL
SALES UNITS, AND LIMITED DURATION SIGN PERMITS; AUTHORIZING CITY
DEPARTMENTS TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Centers for Disease Control ("CDC") and the Governor of the State of Idaho
have issued guidelines for preventing exposure to COVID-19 by maintaining six feet(6') of distance
between people in order to reduce the spread of COVID-19 through respiratory droplets produced
when an infected person coughs or sneezes; and
WHEREAS,restaurants and bars in Meridian need to provide adequate space for social
distancing between their patrons, and may wish to do so by expanding service areas into adjacent
outdoor spaces; and
WHEREAS,the City will continue to require the following permits in order to ensure public
safety and compliance with all applicable codes through staff review, but in order to facilitate
operations while adhering to CDC, State and local guidelines, finds it in the best interest of the
business community and people of Meridian to continue to waive application fees for such permits;
and
WHEREAS, on May 12, 2020, the City Council of the City of Meridian passed Resolution 20-
2209 adopting changed application fees through December 31, 2020; and
WHEREAS, the City Council of the City of Meridian have deemed it appropriate to extend
such changed application fees;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN CITY,IDAHO:
Section 1. That, through March 31, 2021, the following application fees shall be $0.00:
A. Alcohol Catering Permit;
B. Temporary Use Permit for Promotional Sales Unit; and
C. Limited Duration Sign Permit.
Section 2. That this Resolution shall be in full force and effect on January 1, 2021.
ADOPTED by the City Council of the City of Meridian, Idaho, this 15th day of December,
2020.
RESOLUTION EXTENDING CHANGED FEES FOR ACP,TUP/PROMO SALES,LIMITED DURATION SIGN PERMITS PAGE I Page 233
Item#9.
APPROVED by the Mayor of the City of Meridian, Idaho, this 15th day of December, 2020.
APPROVED: ATTEST:
Robert E. Simison, Mayor Chris Johnson, City Clerk
RESOLUTION EXTENDING CHANGED FEES FOR ACP,TUP/PROMO SALES,LIMITED DURATION SIGN PERMITS PAGE 2 Page 234
Item#10.
(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Resolution No. 20-2248: A Resolution Approving a District Office Lease
Agreement Amendment Between the City of Meridian (Lessor) and Congressman Russell Fulcher
(Lessee) for a Two-Year Lease Term for Approximately 1,812 Square Feet of Office Space at the
Meridian City Hall, 33 East Broadway, Meridian, Idaho to be Used for a Local Congressional Staff
Office
APPROVED
FaLge35
Item#10.
CITY OF MERIDIAN RESOLUTION NO. 20-2248
BY THE CITY COUNCIL: BERNT,BORTON,CAVENER,
HOAGLUN,PERRAULT, STRADER
A RESOLUTION APPROVING A DISTRICT OFFICE LEASE AGREEMENT AMENDMENT
BETWEEN THE CITY OF MERIDIAN (LESSOR) AND CONGRESSMAN RUSSELL FULCHER
(LESSEE) FOR A TWO YEAR LEASE TERM FOR APPROXIMATELY 1,812 SQUARE FEET OF
OFFICE SPACE AT THE MERIDIAN CITY HALL, 33 EAST BROADWAY, MERIDIAN IDAHO TO
BE USED FOR A LOCAL CONGRESSIONAL STAFF OFFICE; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF
MERIDIAN; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN,IDAHO
WHEREAS, the City of Meridian has approximately 1,812 square feet of office space at the Meridian
City Hall that has been used as a Congressional District Office; and,
WHEREAS,the City of Meridian has no immediate plans to use the 1,812 square feet of space for City
business and Congressman Russell Fulcher desires to lease the space for the term of the 117t'Congress, ending
January 2,2023.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN,IDAHO AS FOLLOWS:
SECTION 1. The 1,812 square feet of space in Meridian City Hall currently used as a Congressional
District Office is not otherwise needed for City purposes.
SECTION 2. That the terms of the District Office Lease Amendment and Attachment (attached hereto
and incorporated herein)between Congressman Fulcher and the City of Meridian are just and equitable, and the
same is hereby approved as to both form and content.
SECTION 3. That the Mayor and City Clerk be,and they hereby are,authorized to respectively execute
and attest said Lease documents for and on behalf of the City of Meridian.
SECTION 4. 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 15t''day of December, 2020.
APPROVED by the Mayor of the City of Meridian,Idaho,this 15t'day of December, 2020.
APPROVED: ATTEST:
By:
Mayor Robert E. Simison City Clerk
RESOLUTION FOR APPROVAL OF LEASE AMENDMENT BETWEEN THE CITY OF MERIDIAN AND CONGRESSMAN RUSSELL Page 236
FULCHER FOR OFFICE SPACE AT MERIDIAN CITY HALL FOR A LOCAL CONGRESSIONAL STAFF OFFICE
Item#10.
District Office Lease Amendment - Instructions
NO LEASE AMENDMENT OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE
BEEN APPROVED BY THE ADMINISTRATIVE COUNSEL.
The term for a District Office Lease Amendment for the 117th Congress may not commence
prior to January 3,2021.
Members should endeavor to lease space through the last day of a congressional term rather than
the last day of a calendar year. For the 117th Congress,leases should end on January 2,2023,not
December 31,2022.
A. Section 1 has three blank lines to be filled in:
1. the term of the previous lease that is being amended or extended;
2. street address of office being leased; and
3. city, state and ZIP where office is being leased.
B. Section 2 requires the new ending date(if the lease is going to be extended),which must be on or
before January 2,2023. If the lease term is not going to be extended,write"N/A"in the space
provided.
C. Section 3 requires the monthly rent amount for the extended term, and if any other provision is
changed,the blank space beneath Section 3 is provided for any changes or additions. If there are
no other changes to your existing lease write"NONE"in the space provided.
D. The Member/Member-Elect is required to personally sign the documents.
E. A District Office Lease Attachment for the I I7th Congress must accompany this District Office
Lease Amendment("Amendment").
F. Prior to either party signing an Amendment,the Member/Member-Elect must submit the
proposed Amendment,accompanied by a copy of the District Office Lease Attachment for
the 117"Congress,to the Administrative Counsel for review and approval. If the proposed
terns and conditions of the Amendment are determined to be in compliance with applicable law
and House Rules and Regulations,the Administrative Counsel will notify the Member/Member-
Elect that(s)he may proceed with the signing of the Amendment. Please submit the proposed
Amendment and District Office Lease Attachment either by e-mail in PDF form
(leases@mail.house.gov)or fax(202-226-0357).
G. Once signed by both parties,the Amendment and District Office Lease Attachment must be
submitted to the Administrative Counsel for final approval. They may be sent by email in PDF
form or faxed to 202-226-0357.
H. If approved,Administrative Counsel will send them to Finance so that payment can begin. If
there are errors,you will be contacted and required to correct them before the Amendment is
approved.
I. If you have any additional questions about District Office Leases,please contact the Office of the
Administrative Counsel by e-mail(leases@mail.house.gov).
Page 237
Item#10. v.S. YLouse of Representatives
Washington,D.C. 20515
District Office Lease Amendment
(Page 1 of 2— 117th Congress)
1. Prior Lease Term. The undersigned Landlord("Lessor")and Member of the U. S. House of
Representatives("Lessee")agree that they previously entered into a District Office Lease
("Lease") (along with the District Office Lease Attachment),which covered the period from
January 3, 2019 to January 2, 2021 for the lease of office space
located at Meridian City Hall, 33 East Broadway Avenue, Suite 251 in
the city, state and ZIP of Meridian, Idaho 83642
2. Extended Term. If applicable,the above referenced Lease is extended through and including
January 2 , 202023 . (This District Office Lease Amendment
("Amendment")may not provide for an extension beyond January 2, 2023,which is the end of
the constitutional term of the 117th Congress.)
3. Rent and Any Other Changes. The monthly rent for the extended term of the Lease shall now
be unchanged at $1,881.00. All other provisions of the existing Lease shall remain unchanged and
in full effect, except for the following additional terms,which are modified as indicated in the
space below [If no additional terms are to be modified,write the word"NONE"below].
NONE
4. District Office Lease Attachment for 117th Congress. This Amendment shall have no force
and effect unless and until accompanied by an executed District Office Lease Attachment for the
117th Congress and the District Office Lease Attachment for the 117th Congress attached hereto
supersedes and replaces any prior District Office Lease Attachment.
5. Counterparts. This Amendment may be executed in any number of counterparts and by
facsimile copy, each of which shall be deemed to be an original but all of which together shall be
deemed to be one and the same instrument.
6. Section Headings. The section headings of this Amendment are for convenience of reference
only and shall not be deemed to limit or affect any of the provisions hereof.
[Signature page follows.]
Page 238
v. S. Yfouse of Representatives
Washington, D . C . 20515
District Office Lease Amendment
( Page 2 of 2 — 117th Congress)
IN WITNESS WHEREOF , the parties have duly executed this District Office Lease Amendment as of the
later date written below by the Lessor or the Lessee .
City of Meridian , Idaho Russell Fulcher
Print Name of Lessor/Landlord/Company Print Name of Lessee
By :
LessoQob7ert
•e Lessee Signature
Name : Simison
Title : or
Date Date
i
This District Office Lease Amendment must be accompanied with an executed
District Office Lease Attachment.
Item#10.
District Office Lease Attachment- Instructions
The District Office Lease Attachment must accompany every Lease or Amendment submitted for a
Member/Member-Elect's District Office.
NO LEASE,AMENDMENT OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE
BEEN APPROVED BY THE ADMINISTRATIVE COUNSEL.
The term of a District Office Lease or Amendment for the 117th Congress may not commence
prior to January 3,2021.
Members should endeavor to lease space through the last day of a congressional term rather than
the last day of a calendar year. For the 117th Congress,leases should end on January 2,2023,not
December 31,2022.
A few things to keep in mind:
A. The Member/Member-Elect is required to personally sign the documents.
B. The Lessor must complete the amenities checklist in Section A("Lease Amenities"),
including both the "required amenities" and"optional amenities"portions.
C. The Member/Member-Elect must indicate in Section A("Lease Amenities")whether the
proposed leased space will serve as a flagship district office.
D. Section B("Additional Terms and Conditions")of the Attachment SHALL NOT have any
provisions deleted or changed.
E. Even if rent is zero, an Attachment is still required.
F. Prior to either party signing a Lease or Amendment,the Member/Member-Elect must
submit the proposed Lease or Amendment, accompanied by a copy of the Attachment,to
the Administrative Counsel for review and approval. If the Administrative Counsel
determines that the proposed terms and conditions of the Lease or Amendment are in compliance
with applicable law and House Rules and Regulations,the Administrative Counsel will notify the
Member/Member-Elect that(s)he may proceed with the execution of the Lease or Amendment.
Please submit the proposed Lease or Amendment and Attachment either by e-mail in PDF form
(leases@mail.house.gov)or by fax(202-226-0357).
G. Once signed by both parties,the Lease or Amendment along with the Attachment must be
submitted to the Administrative Counsel for final approval. They may be sent by email in PDF
form(leases(e,mail.house.gov) or by fax(202-226-0357).
H. Without a properly signed and submitted Attachment,the Lease or Amendment cannot be
approved by the Administrative Counsel and payments will not be made. The parties agree that
any charges for default, early termination or cancellation of the Lease or Amendment which
result from actions taken by or on behalf of the Lessee shall be the sole responsibility of the
Lessee, and are not reimbursable from the Member's Representational Allowance.
I. Lessor shall provide a copy of any assignment,estoppel certificate,notice of a bankruptcy
or foreclosure,or notice of a sale or transfer of the leased premises to the Administrative
Counsel by e-mail in PDF form (leases@mail.house.gov).
Page 240
Item#10. V.S. Abuse of Representatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 1 of 5—117th Congress)
SECTION A
(Lease Amenities)
Section A sets forth the amenities provided by the Lessor to be included in the Lease and designates
whether the leased space will be the Member/Member-Elect's flagship(primary)office. Except as noted
below,the amenities listed are not required for all district offices.
To be completed by the Lessor(required amenities):
❑✓ * High-Speed Internet Available Within the Leased Space.
Please list any internet providers known to provide service to the property:
❑✓ * Interior Wiring CAT 5e or Better within Leased Space.
To be completed by the Lessor(optional amenities):
❑Amenities are separately listed elsewhere in the Lease.
(The below checklist can be left blank if the above box is checked.)
The Lease includes(please check and complete all that apply):
❑Lockable Space for Networking_Equipment.
Z Telephone Service Available.
Z Parking. ❑ Assigned Parking Spaces
✓ 52 Unassigned Parking Spaces
❑General Off-Street Parking on an As-Available Basis
Z Utilities. Includes: Water, Sewer, Natural Gas
Z Janitorial Services. Frequency: Monday through Friday evenings
Z Trash Removal. Frequency: Monday through Friday evenings
Z Carpet Cleaning. Frequency: Annually
Z Window Washing. Z Window Treatments.
❑Tenant Alterations Included In Rental Rate.
Z After Hours Building Access.
❑Office Furnishings. Includes:
Z Cable TV Accessible. If checked, Included in Rental Rate:Q Yes O No
❑Building Manager. Q Onsite O On Call Contact Name:Max Jensen
Phone Number:208-489-0344 Email Address:mjensen@meridiancity.org
To be completed by the Member/Member-elect(required):
O The leased space will serve as my flagship(primary)District Office.
O The leased space will NOT serve as my flagship(primary)District Office.
Send completed forms to:Administrative Counsel,217 Ford House Office Building, Washington,D.C.20515.
Copies may also be faxed to 202-226-0357.
Page 241
Item#10. V.S. Abuse of Representatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 2 of 5—117th Congress)
SECTION B
(Additional Lease Terms)
1. Incorporated District Office Lease Attachment. Lessor(Landlord) and Lessee
(Member/Member-Elect of the U.S. House of Representatives)agree that this District Office
Lease Attachment("Attachment")is incorporated into and made part of the Lease("Lease")and,
if applicable,District Office Lease Amendment("Amendment")to which it is attached.
2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives
(the"House")nor its Officers are liable for the performance of the Lease. Lessor further
expressly acknowledges that payments made by the Chief Administrative Officer of the House
(the"CAO")to Lessor to satisfy Lessee's rent obligations under the Lease—which payments are
made solely on behalf of Lessee in support of his/her official and representational duties as a
Member of the House—shall create no legal obligation or liability on the part of the CAO or the
House whatsoever. Lessee shall be solely responsible for the performance of the Lease and
Lessor expressly agrees to look solely to Lessee for such performance.
3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and
Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for
the CAO("Administrative Counsel")must review and give approval of any amendment to the
Lease prior to its execution.
4. Compliance with House Rules and Regulations. Lessor and Lessee understand and
acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement
of funds to the Lessor,until the Administrative Counsel has reviewed the Lease to determine that
it complies with the Rules of the House and the Regulations of the Committee on House
Administration, and approved the Lease by signing the last page of this Attachment.
5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due
in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor
agrees to contact the Office of Finance of the House at 202-225-7474 to attempt to resolve the
dispute before contacting Lessee.
6. Void Provisions. Any provision in the Lease purporting to require the payment of a security
deposit shall have no force or effect. Furthermore, any provision in the Lease purporting to vary
the dollar amount of the rent specified in the Lease by any cost of living clause, operating
expense clause,pro rata expense clause, escalation clause, or any other adjustment or measure
during the term of the Lease shall have no force or effect.
7. Certain Charges. The parties agree that any charge for default,early termination or cancellation
of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole
responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee.
8. Death,Resignation or Removal. In the event Lessee dies,resigns or is removed from office
during the term of the Lease,the Clerk of the House may, at his or her sole option, either: (a)
Send completed forms to:Administrative Counsel,217 Ford House Office Building, Washington,D.C.20515.
Copies may also be faxed to 202-226-0357.
Item#10. V.S. Abuse of Representatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 3 of 5—117th Congress)
terminate the Lease by giving thirty(30)days' prior written notice to Lessor; or(b) assume the
obligation of the Lease and continue to occupy the premises for a period not to exceed sixty(60)
days following the certification of the election of the Lessee's successor. In the event the Clerk
elects to terminate the Lease,the commencement date of such thirty(30)day termination notice
shall be the date such notice is delivered to the Lessor or, if mailed,the date on which such notice
is postmarked.
9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which
the Lessee has been elected. The Lease may be signed by the Member-Elect before taking office.
Should the Member-Elect not take office to serve as a Member of the 117th Congress,the Lease
will be considered null and void.
10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease,
the terminating party agrees to promptly file a copy of any termination notice with the Office of
Finance,U.S. House of Representatives, O'Neill Federal Building, Suite 3220,Attn: Jason
Washington,Washington,D.C. 20515, and with the Administrative Counsel by e-mail at
leases@mail.house.gov.
11. Assignments. Lessor shall provide thirty(30)days prior written notice to Lessee before
assigning any of its rights, interests or obligations under the Lease, in whole or in part,by
operation of law or otherwise. Lessor shall promptly file a copy of any such assignment notice
with the Administrative Counsel by e-mail at leases@mail.house.gov. Lessee and the House
shall not be responsible for any misdirected payments resulting from Lessor's failure to file an
assignment notice in accordance with this section.
12. Sale or Transfer of Leased Premises. Lessor shall provide thirty(30) days prior written notice
to Lessee in the event(a)of any sale to a third party of any part of the leased premises, or(b)
Lessor transfers or otherwise disposes of any of the leased premises, and provide documentation
evidencing such sale or transfer in such notice. Lessor shall promptly file a copy of any such sale
or transfer notice with the Administrative Counsel by e-mail at leases@mail.house.gov.
13. Bankruptcy and Foreclosure. In the event(a)Lessor is placed in bankruptcy proceedings
(whether voluntarily or involuntarily),(b)the leased premises is foreclosed upon,or(c) of any
similar occurrence,Lessor agrees to promptly notify Lessee in writing. Lessor shall promptly file
a copy of any such notice with the Office of Finance,U.S. House of Representatives, O'Neill
Federal Building, Suite 3220,Attn: Jason Washington,Washington,D.C. 20515, and with the
Administrative Counsel by e-mail at leases@mail.house.gov.
14. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased
premises(usually used in instances when the Lessor is selling or refinancing the building)upon
the request of the Lessor. Such an estoppel certificate shall require the review of the
Administrative Counsel,prior to Lessee signing the estoppel certificate. Lessor shall promptly
provide a copy of any such estoppel certificate to the Administrative Counsel by e-mail at
leases@mail.house.gov.
Send completed forms to:Administrative Counsel,217 Ford House Office Building, Washington,D.C.20515.
Copies may also be faxed to 202-226-0357.
Page 243
Item#10. V.S. Abuse of Representatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 4 of 5—117th Congress)
15. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense,
all public and common areas of the building including,but not limited to, all sidewalks,parking
areas, lobbies, elevators, escalators, entryways,exits, alleys and other like areas.
16. Maintenance of Structural Components. Lessor also agrees to maintain in good order,repair
or replace as needed, at its sole expense, all structural and other components of the premises
including,but not limited to,roofs,ceilings,walls(interior and exterior), floors,windows, doors,
foundations, fixtures,and all mechanical,plumbing, electrical and air conditioning/heating
systems or equipment(including window air conditioning units provided by the Lessor) serving
the premises.
17. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to
persons or property, sustained by Lessee or any of his or her employees or guests, caused by
Lessor's failure to fulfill its obligations under Sections 15 and 16.
18. Initial Alterations. Lessor shall make any initial alterations to the leased premises, as requested
by Lessee and subject to Lessor's consent,which shall not be unreasonably withheld. The cost of
such initial alterations shall be included in the annual rental rate.
19. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act,28 U.S.C. §§ 2671-
80, satisfies any and all obligations on the part of the Lessee to purchase private liability
insurance. Lessee shall not be required to provide any certificates of insurance to Lessor.
20. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's
officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to
any third party that may arise during or as a result of the Lease or Lessee's tenancy.
21. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable
permitting and zoning ordinances or requirements,and with all local and state building codes,
safety codes and handicap accessibility codes(including the Americans with Disabilities Act),
both in the common areas of the building and the leased space of the Lessee.
22. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds
Transfer and agrees to provide the Office of Finance,U.S. House of Representatives,with all
banking information necessary to facilitate such payments.
23. Refunds. Lessor shall promptly refund to the CAO,without formal demand, any payment made
to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended
or been terminated.
24. Conflict. Should any provision of this Attachment be inconsistent with any provision of the
attached Lease or attached Amendment,the provisions of this Attachment shall control, and those
inconsistent provisions of the Lease or the Amendment shall have no force and effect to the
extent of such inconsistency.
Send completed forms to:Administrative Counsel,217 Ford House Office Building, Washington,D.C.20515.
Copies may also be faxed to 202-226-0357.
Page 244
Item#10. V.S. Abuse of Representatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 5 of 5—117th Congress)
25. Construction. Unless the clear meaning requires otherwise,words of feminine,masculine or
neuter gender include all other genders and,wherever appropriate,words in the singular include
the plural and vice versa.
26. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result
of a bona fide,arms-length,marketplace transaction. The Lessor and Lessee certify that the
parties are not relatives nor have had, or continue to have, a professional or legal relationship
(except as a landlord and tenant).
27. District Certification. The Lessee certifies that the office space that is the subject of the Lease is
located within the district the Lessee was elected to represent unless otherwise authorized by
Regulations of the Committee on House Administration.
28. Counterparts. This Attachment may be executed in any number of counterparts and by
facsimile copy, each of which shall be deemed to be an original but all of which together shall be
deemed to be one and the same instrument.
29. Section Headings. The section headings of this Attachment are for convenience of reference
only and shall not be deemed to limit or affect any of the provisions hereof.
IN WITNESS WHEREOF,the parties have duly executed this District Office Lease Attachment as of the
later date written below by the Lessor or the Lessee.
City of Meridian, Idaho Russell Fulcher
Print Name of Lessor/Landlord Print Name of Lessee
By:
Lessor Signature Lessee Signature
Name: Robert E. Simison
Title: Mavor
12-15-2020
Date Date
From the Member's Office,who is the point of contact for questions?
Name Phone( ) E-mail @mail.house.gov
This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are
approved,pursuant to Regulations of the Committee on House Administration.
Signed Date 20
(Administrative Counsel)
Send completed forms to:Administrative Counsel,217 Ford House Office Building, Washington,D.C.20515.
Copies may also be faxed to 202-226-0357.
Page 245
U. S . House of Representatives
Substitute W-9 and ACH Vendor/Miscellaneous Payment Enrollment Form
INSTRUCTIONS
Internal Revenue Code 6109, 31 U. S .C . 33225 31 CFR 210 and the 1996 Debt Collection Improvement Act require all entities that do business with the United
States Government to provide a Tax Identification Number (TIN) and Electronic Funds Transfer (EFT) information for payment. PL 93-579 protects your privacy
and mandates that the information never be published or used for any other purpose than to pay you. Please complete all sections below, sign and return via the
email or fax number listed.
RETURN FORM TO : vendorEFT@mail . house . gov FAX NUMBER : (202) 225 -6914
SECTIONI UNITED STATES HOUSE OF REPRESENTATIVES INFORMATION
ADDRESS US HOUSE OF REPRESENTATIVES - ACCOUNTING, 3110 O'NEILL HOUSE OFFICE BUILDING, WASHINGTON DC 20515
AGENCY IDENTIFIER 53.6002523 AGENCY LOCATION CODE 4832 TELEPHONE NUMBER (202) 226.2277
SECTIONII PAYEE/COMPANY INFORMATION
NAME AS SHOWN ON YOUR INCOME TAX RETURN BUSINESS NAME/DISREGARDED ENTITY NAME OR DBA, IF DIFFERENT THAN NAME
City of Meridian ON YOUR INCOME TAX RETURN
ADDRESSICITYISTATEIZIP Enterthe correct Tax Identification Number type
33 E . Broadway Ave SOCIAL SECURITY NUMBER (SSN) EMPLOYER TAX ID NUMBER (EIN)
Meridian , ID 83642 — � or a 2 — 6 o n n 2 2 5
CONTACT PERSON NAME PURCHASE ORDER ADDRESSICITYISTATEIZIP
Finance Department 33 E.. Broadway Ave , Meridian , ID 83642
EMAIL AccountsReceivable@meridiancity . org PO EMAIL Purchasing@meridiancity . org
TELEPHONE NUMBER FAX NUMBER TELEPHONE NUMBER FAX NUMBER
(208 ) 8884433 (208 )8874813 1 (208 )8884433 (208 ) 8874813
REMIT TO ADDRESS 33E . Broadway Ave , Meridian , ID 83642
CHECK APPROPRIATE BOX FOR FEDERAL TAX CLASSIFICATION (required)
Individual/Sole Proprietor or EIC Corporation CJS Corporation QPartnership OTrustlEstate Exemptions (codes apply only to certain
Single Member LLC entities, not individuals):
Limited Liability Company. Check the tax classification: F-71 C corporation I� S corporation 0 Partnership Exempt payee code (if any)
Note. For asingle-memberLLC that is disregarded, check the appropriate box for the tax classification of the single-member owner.
Exemption from FATCA reporting code
Government Entity. Check the tax classification: 17 Federal F7State ElLocal , (if any)
(Applies to accounts maintained outside
i7, Other the U. S.)
SECTIONIII FINANCIAL INSTITUTION INFORMATION us.)
BANKNAME First Interstate Bank TELEPHONE 1111ER (208 )888- 1416
NINE-DIGIT ROUTING TRANSIT NUMBER 092901683
DEPOSITOR ACCOUNT TITLE City Of Meridian , General Deposit
DEPOSITOR ACCOUNT NUMBER16000005377 LOCKBOXNUMBER
TYPE OF ACCOUNT • CHECKING SAVINGS LOCKBOX
SECTIONIV SOCIO -ECONOMIC INFORMATION
Type of Business Large Business-No Socio-Economic Designations Offinority OSmBusiness C)Sm-Disadv/Minority OSm-Disadv Only OSmMin Only
Sm*Disadvantaged Business Prog ()8 (a) Firm C)HUBZone Program () HUBZone Eligible C)Emerging Small Business ()Women-Owned Business
Other Preference Programs 0Buylndian (ODirectedtoJWODNon-Profit ONo PreferenceiNot Listed ()Small Business Set-Aside C)Very Small Business Set-Aside
Veteran Owned Status ONon-Vet Owned SmBus 0Other Vet Owned SmBus OServ-Disabled Vet Other Bus C)Serv-Disabled VetOvmedSB OVet-Owned Other Bus
Size of Business : O (A) 50 orless O(B) 51-100 O(C) 10f-250 OD) 251-500 rO(E) 501-750 ()(F) 751-1,000 o(G) Over 1,000 Q(M) 1 million or less
O(N) 1. 1-2 million O(P) 2. 145million ()(R) 3. 1-5 million O(S) 5. f-i0million C)(7po. m7mi11ion O(Z)Over 17 million
SECTION V CERTIFICATION OF DATA BY PAYEE/COMPANY
NAME Todd Lavoie TITLE/POSITION Chief Financial Officer
SIGNATURE 00
C� DATE 12 / 16 /2020 7E ('208 ) 888 -4433
USHRv. 112017 ms
Item#10.
Instructions for Completing
U.S. House of Representatives
Substitute W-9 and ACH Vendor/Miscellaneous Payment Enrollment Form
Section I -Agency Information — Includes the name and address, agency identifier, agency location code and
telephone number for the House of Representatives.
Section II - Payee/Company Information — Print or type the name of the payee/company and address that will
receive payment, social security or taxpayer ID number, contact person name, telephone number and email of the
payee/company. Print or type the purchase order and remit to addresses if different from the payee/company
address. Check the appropriate boxes for federal tax classification.
Section III - Financial Institution Information —Print or type the name and address of the payee/company's
financial institution who will receive the ACH payment, ACH coordinator name and telephone number, nine-digit
routing transit number, depositor(payee/company) account title and account number. Check the appropriate box
for type of account. Payee/Company may include a voided check with this form.
ACH Account Information Located on a Check or Deposit Ticket
FINANCIAL INSTITUTION NAME name of the financial institution to which the payments are to be directed
ROUTING TRANSIT NUMBER(RTN) financial institution's 9 digit routing transit number;
found on the bottom of a check or deposit ticket or from your Financial Institution
ACCOUNT TITLE employee's or vendor's name on the account
ACCOUNT NUMBER account number at the financial institution
1. Routing Transit Number(RTN)
THOMAS 6.ANpEa4N -. —nine digits located between
?5I:FAcA.%JTSTHEEf two symbols. This number
,grJMHEU..Fl.'M identifies the bank holding your
account and check processing
center.
I' `
II ll U441}ERO=—
2. Account number—this is your
It
complete account number.
Your account number can be
� up to 17 digits. Please include
u
+ eu' leading zeros.
$114ftF1 IRFak
3. ACH Routing Transit Number—
{,c Automated Clearing House
routing number, use this
I,0000000001: 123wE:6?9' Co 3 �ci number for your Routing
Transit Number(RTN)if you
bank with SunTrust Bank.
4. Check number—This
3 4 information is not necessary-
do not provide
Section IV-Socio-Economic Information —Check the boxes for each category, if applicable: type of business,
small disadvantaged business program, HUBZone program, emerging small business, women-owned business,
other preference programs, Veteran owned status and size of business. Detailed information related to Small
Business programs can be found at http://www.sba.-gov/.
Section V-Certification of Data By Payee/Company— Print or type the name, title/position and phone number of
the Authorized official. The Authorized official must sign and date the form.
Page 247
Item#11.
(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: City Clerk: FY2021 Budget Amendment in the Not-to Exceed Amount of
$885.00 for Purchase and Installation of a Wireless Digital Display to Post Agendas and Legal
Notices at City Hall
APPROVED
Page 248
Item#11.
6:21 PM City of Meridian FY2021 Budget Amendment Form
Total Amendment Cost-Lifetime
Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: City Clerk
Funding 2021 2022 2023 2024 2025 Title: Wireless Digital Display for Agendas and Legal Notices
Personnel $ - $ - $ $ $ Instructions for SuhmAting Budget Ansendments:
Operating $ 885 $ $ $ $ 7 Department will Send ArnendMent with Directors 9lgnatssre to Finance iaudget Analygtl for rev.e,-
Capital $ - 7 Fnanm will send Amendment to Council Liaison for ragnature
Total $ - $ 885 $ $ $ $ a Council Liaison will send signed Amendment to Mayor
Total Estimated Project Cost: $ 885 y Mayor will send signed Amendment to Finance{ttvdget Analyst)
Evaluation Questions
7 F1nan[e(Budget Analyst)will send approved copy of Amendment t0 Department
Please answer all Evaluation Questions using the financial data referenced above. >�Department will add copy vf Amendment to Council Ag� da using Novu5 Agenda r4anager
1. Describe what is being requested?
Purchase of equipmen to upgrade display of agendas and other legal noticing at City Hall as required by Idaho Code 74-204(1)and 74-204(4).The equipment will be used in
conjunction with internally-developed software that will allow the posting of agendas and notices remotely.
2. Why was this budget request not submitted during the current fiscal year budget cycle?
While this project has been under consideration prior to this budget year,the plans were not far enough along in the discovery process to warrant a request at that time.
3. What is the explanation for not submitting this budget reauest during the next fiscal vear budget cvcle?
Completing project prior to the next budget cycle will reduce waste,both paper and staff resources.Since the initial onset of Covid-19,it has been necessary for city staff to
p g p J p g Y p p Y Y
make additional trips to City Hall,outside of regular business hours or during stay-home orders to maintain legally required public notices.
4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and
The minimal project cost will be paid entirely from general funds.While no additional revenue will come from completion of this project,there will be a moderate reduction in
paper and printer costs.
5. Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan?
Yes�igns with completed objectiive 3-A-2(improving citizen access to government)as well as objective 3-C-3(communication contingency plans).
6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments.
This project will require development of the software by I.T. Discussions have begun and the design work is scheduled for December 2020. Installation of the mounting brackets
and the digital display will need to be completed by facilities staff.This has also been discussed with department staff.
7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No Yes
8.Is the amendment going to result in the disposal of an asset? Yes or No L No
9.Any additional comments?
While No.8 is answered"No",it will be posssible to remove the bulletin board at the front of City Hall.This board could be disposed of,or re-purposed elsewhere within City
Total Amendment Request $ 885
Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments.
Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall.
Page 250
City of Meridian FY2020 Budget Amendment Form F:\BUDGET\FY2021\Amendments\FY2021 Budget Amendment Form Wireless display
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Item Topic: Mayor's Office: Adoption of 2021-2025
Strategic Plan Focus Areas and Goals
Community and Stakeholder Adoption and the Future State2025 -2021–Goals Strategic Plan Focus Areas and Feedback
0How do these Strategic Plan Focus Areas resonate with you?How do these Strategic Plan Focus Areas resonate with you?Government ExcellenceCommunityVibrant and SustainablePublic Health
and SafetyEconomic VibrancyInfrastructureTransportation andResponsible Growth10987654321
2021 2025
STRATEGIC
PLAN
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OUR PRIORITIES.
some,
Our Focus Areas define RESPONSIBLE ' •
WTH
how we will meet our
Vision and Mission over
the next five years. TRANSPORTATION AND
INFRASTRUCTURE
Each Focus Area have BUSINESS AND
strategic goals that
ECONOMIC
prioritize the actions we
will take to meet PUBLIC HEALTH
community priorities. AND SAFETY
Our Citizen Survey as well VIBRANT AND
as other feedback were SUSTAINABLE COMMUNITY
used to develop these key
Focus Areas and Goals GOVERNMENT EXCELLENCE
DRAFT STRATEGIC PLAN
RESPONSIBLE GROWTH
Meridian will responsibly promote growth that
enhances its long term comprehensive vision and
prioritizes infill development. We will encourage
affordable, diverse housing options and high quality
communities.
STRATEGIC GOALS
• Prioritize investment of city infrastructure and encourage
road and school facilities in identified areas to grow
responsibly and maximize the delivery of city services.
• Implement the goals in the community's Comprehensive Plan to
ensure orderly development.
• Utilize impact fees, cooperative agreements, urban renewal
districts and other tools to ensure that development pays its
proportionate share of services impacts.
• Establish enhanced housing affordability options in new
subdivisions to create additional opportunities for all.
• Apply design standards and ordinances to commercial and
residential development to ensure quality communities with
a diversity of amenities.
DRAFT STRATEGIC PLAN
TRANSPORTATION AND
INFRASTRUCTURE
Meridian will prioritize citizen desires for a more connected
and safe community infrastructure. We will engage our
partners and utilize resources to advance priority projects.
We will develop a safe and connected system that includes
pathways, sidewalks and a multi-modal approach to solve
congestion challenges and roadway deficiencies.
STRATEGIC GOALS
• Advance construction of transportation projects on priority
arterial roadways to reduce commute times and improve
efficient movement within and about Meridian.
• Prioritize, plan and advocate for road and sidewalk
improvements making connections to increase accessibility and
safety while traveling to schools, parks and areas of community
interest.
• Enhance our pathway network through property investment,
agreements and construction to create continuous pathways
with additional connection points.
• Invest and provide street Lighting to increase overall safety and
walkability in neighborhoods.
DRAFT STRATEGIC PLAN
BUSINESS AND ECONOMIC
VITAILITY
Meridian will revitalize its downtown and grow its targeted
commercial areas to ensure a balanced economic base that
support family wage jobs creation. We will retain and
recruit businesses and services that support our targeted
industries and community needs.
STRATEGIC GOALS
• Retain and recruit business in the professional service,
technology, light manufacturing and health care industries to
provide a balanced economic base.
• Support business development that increases the number of
family wage jobs to allow employees to live and work in
Meridian.
• Utilize urban renewal areas and specific area plans to promote
business investment in targeted areas to meet community
needs.
• Pursue multi-story residential and mixed-use projects in
downtown that provide an increased quality of live and value to
our citizens.
• Collaborate with impacted parties and agencies in our
downtown area to effectively plan economic vitality in
alignment with the sun setting of the urban renewal district.
DRAFT STRATEGIC PLAN
PUBLIC HEALTq
Meridian will maintain its status as one of the safest
communities in the West by investing in services and
infrastructure that are essential to public health and safety.
We will provide timely services, safe drinking water, and
regulatory compliant wastewater services. We will evaluate
the environmental impacts and our decisions, using data to
inform our decision making. We will partner with our health
community to ensure access to quality care for our citizens.
STRATEGIC GOALS
• Invest in innovative technologies and processes to enhance drinking
water quality, improve clean water discharge qualities and reduce
the impact on the external environment to protect public health and
compliance with regulations.
• Deploy public safety resources to neighborhoods, to facilitate
positive engagement, dialogue and build community trust.
• Invest in needed Police facilities while implementing strategies to
reduce property crime, improve traffic safety, enhance public
education and prevention efforts and meet service Level
expectations.
• Invest in needed Fire facilities while implementing strategies to
reduce Loss of Life and property, improve outcomes of response,
enhance public education and risk reduction efforts to improve
resident safety and meet service Level expectations
• Develop and support plans with community health providers to
ensure health care services are available in all parts of the
community.
DRAFT STRATEGIC PLAN
VIBRANT AND SUSTAINABLE
COMMUNITv
Meridian will create vibrant places for our citizens, embrace
sustainable practices, and preserve natural spaces. We will
provide innovatively designed parks and recreational
offerings. We will respond to citizen desires to be stewards
of our natural environment. We will partner with our
community and developers to create beautiful open spaces,
and cultivate art and cultural opportunities.
STRATEGIC GOALS
• Develop premier open spaces, indoor facilities, amenities and
public art projects to enhance the overall quality of life.
• Execute financially responsible, sustainable and
environmentally conscious projects to promote energy
efficiency, waste stream reduction, and water conservation.
• Identify, improve, and support public spaces, events and
program offerings that contribute to a premier and vibrant
community.
• Preserve Meridian's historic buildings, events, heritage and
identity through active efforts with community stakeholders.
DRAFT STRATEGIC PLAN
GOVERNMENT EXCELLENCE
Meridian will encourage open, transparent and
approachable government. We will embody our CARE values
utilizing proactive, high quality communication with our
citizens and stakeholders enhancing community
engagement. We will invest in our employees in order to
deliver our citizens the most innovative, efficient, and value
added services, while providing financially sound, resilient
and effective government.
STRATEGIC GOALS
• Provide increased accessibility and transparency to government
information at all levels which empowers residents to make
decisions and utilize their voice and make informed decisions.
• Pursue solutions to ensure growth pays for itself in areas of
education, transportation and other government provided
services to achieve community priorities.
• Empower employees to innovate operations, update ordinances
and simplify processes in order to improve effectiveness and
provide premier services to our citizens.
• Utilize data informed decision making to meet the premier
standard for customer service and service delivery.
• Exemplify and prioritize premier service through investment in
our employees with skill based training and career path
advancement opportunities.
DRAFT STRATEGIC PLAN