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2021-01-05 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, January 05, 2021 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/88581625280 Or join by phone: 1-669-900-6833 Webinar ID: 885 8162 5280 ROLL CALL ATTENDANCE PRESENT Councilwoman Jessica Perreault Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Liz Strader Mayor Robert E. Simison ABSENT Councilman Luke Cavener ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader 1. Approve Minutes of the December 15, 2020 City Council Work Session 2. Approve Minutes of the December 15, 2020 City Council Regular Meeting 3. Approve Minutes of the December 22, 2020 City Council Work Session 4. Approve Minutes of the December 22, 2020 City Council Regular Meeting 5. FedEX BOIA Van Station Water Main Easement 6. Pearson Subdivision Pedestrian Pathway Easement 7. Final Order for Chukar Ridge (FP-2020-0012) by Kristen McNell of The Land Group, Located at 4005 N. McDermott Rd. 8. Findings of Fact, Conclusions of Law for 2810 E. Franklin Rd. (H-2020-0097) by KM Engineering, Located at 2810 E. Franklin Rd. 9. Findings of Fact, Conclusions of Law for Oakwind Estates Subdivision (H-2020- 0093) by Engineering Solutions, Located at 5685 N. Black Cat Rd. 10. Findings of Fact, Conclusions of Law for Paramount Point (H-2020-0098) by Brighton Development, Inc., Located at the Southwest Corner of N. Fox Run Way and W. Chinden Blvd. 11. Findings of Fact, Conclusions of Law for Southridge Apartments (H-2020-0109) by The Land Group, Located on the South Side of W. Overland Rd. Midway Between S. Ten Mile Rd. and S. Linder Rd. 12. Findings of Fact, Conclusions of Law for Wadsworth Meridian Subdivision (H- 2020-0104) by Wadsworth Development, Located at 3085 E. Ustick Rd. 13. Development Agreement Between the City of Meridian and Charles and Vickie Richardson (Owners) and Bruce Hessing, HessComm Corp. (Developer) for Teakwood Place Subdivision (H-2020-0006) 14. Approval of ACHD Bid Results for the Eagle Road, Amity Road to Victory Road Project, and Authorization for the Procurement Manager to Issue a Purchase Order in the Amount of $286,536.70 for Utility Improvements 15. Approval of Grantee Agreements for the Meridian Small Business Grant Program 16. Water Sewer Improvements - East State Ave. Construction Contract to Blue Sky Construction 17. Resolution No. 20-2252: A Resolution of the Mayor and the City Council of the City of Meridian Authorizing the Tenth Continuance of A Local Disaster Emergency Declaration And Its Terms For An Additional Thirty (30) Days; Authorizing The Continued Immediate Expenditure Of Public Money To Safeguard Life, Health And Property. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 18. Parks and Recreation Department: Fiscal Year 2021 Net-Zero Budget Amendment for Downtown Banners and Site Furnishing Maintenance Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Bernt. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader 19. Police Department: Fiscal Year 2021 Budget Amendment in the amount of $1500.00 for Idaho State Liquor Division Mini Grant Approved Motion to approve made by Councilman Borton, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader 20. Police Department: Overview of Policy, Practice, and Culture EXECUTIVE SESSION 21. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer, 74-206(1)(c) To acquire an interest in real property not owned by a public agency, and 74-206(1)(d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code. Motion to enter executive session made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader In to Executive Session: 5:14 pm Out of Executive Session: 6:02 pm ADJOURNMENT Adjourned at 6:02 pm Item#1. Meridian City Council Work Session January 5, 2021. A Meeting of the Meridian City Council was called to order at 4:32 p.m., Tuesday, January 5, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Luke Cavener. Also present: Chris Johnson, Bill Nary, Tracy Basterrechea, Joe Bongiorno, Mike Barton, Kendall Nagy and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt _X_ Jessica Perreault Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, I will call this meeting to order. For the record it is January 5th, 2021 , 4:32 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is the adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the agenda as presented. Hoaglun: Mr. Mayor, I second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the December 15, 2020 City Council Work Session Page 4 Meridian City Council Work Session Item#1. January 5,2021 Page 2 of 16 2. Approve Minutes of the December 15, 2020 City Council Regular Meeting 3. Approve Minutes of the December 22, 2020 City Council Work Session 4. Approve Minutes of the December 22, 2020 City Council Regular Meeting 5. FedEX BOIA Van Station Water Main Easement 6. Pearson Subdivision Pedestrian Pathway Easement 7. Final Order for Chukar Ridge (FP-2020-0012) by Kristen McNeil of The Land Group, Located at 4005 N. McDermott Rd. 8. Findings of Fact, Conclusions of Law for 2810 E. Franklin Rd. (H- 2020-0097) by KM Engineering, Located at 2810 E. Franklin Rd. 9. Findings of Fact, Conclusions of Law for Oakwind Estates Subdivision (H-2020-0093) by Engineering Solutions, Located at 5685 N. Black Cat Rd. 10. Findings of Fact, Conclusions of Law for Paramount Point (H-2020- 0098) by Brighton Development, Inc., Located at the Southwest Corner of N. Fox Run Way and W. Chinden Blvd. 11. Findings of Fact, Conclusions of Law for Southridge Apartments (H- 2020-0109) by The Land Group, Located on the South Side of W. Overland Rd. Midway Between S. Ten Mile Rd. and S. Linder Rd. 12. Findings of Fact, Conclusions of Law for Wadsworth Meridian Subdivision (H-2020-0104) by Wadsworth Development, Located at 3085 E. Ustick Rd. 13. Development Agreement Between the City of Meridian and Charles and Vickie Richardson (Owners) and Bruce Hessing, HessComm Corp. (Developer) for Teakwood Place Subdivision (H-2020-0006) 14. Approval of ACHD Bid Results for the Eagle Road, Amity Road to Victory Road Project, and Authorization for the Procurement Manager to Issue a Purchase Order in the Amount of $286,536.70 for Utility Improvements 15. Approval of Grantee Agreements for the Meridian Small Business Grant Program Page 5 Meridian City Council Work Session Item#1. January 5,2021 Page 3 of 1 u 16. Water Sewer Improvements - East State Ave. Construction Contract to Blue Sky Construction 17. Resolution No. 20-2252: A Resolution of the Mayor and the City Council of the City of Meridian Authorizing the Tenth Continuance of A Local Disaster Emergency Declaration And Its Terms For An Additional Thirty (30) Days; Authorizing The Continued Immediate Expenditure Of Public Money To Safeguard Life, Health And Property. Simison: Next item is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve the Consent Agenda. For the Mayor to sign and for the Clerk to attest. Hoaglun: Mr. Mayor, I second the motion. Simison: I have a motion and a second to adopt the Consent Agenda. Is -- or approve the Consent Agenda. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the Consent Agenda is approved. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 18. Parks and Recreation Department: Fiscal Year 2021 Net-Zero Budget Amendment for Downtown Banners and Site Furnishing Maintenance Simison: So, we will go right into Department/Commission Reports. First up on Item 18 is the Parks and Recreation Department fiscal year FY-21 net zero budget amendment in the amount of 5,112 dollars and I will turn this over to Mr. Barton. Barton: Good afternoon, Mayor and Council Members. On the -- at the meeting on December 22nd the Council approved two different memorandums of contribution between the city and MDC. One of those is to replace a bench, a litter receptacle and, then, some miscellaneous maintenance parts for 3,541 dollars and the other MOA was to purchase a set of banners for downtown. That total of that was 1,571 dollars. So, we are bringing forward this budget amendment to place the money in our budget so we Page 6 Meridian City Council Work Session Item#1. January 5,2021 Page 4 of 16 can make these purchases and with that I will be happy to answer any questions you might have. Simison: Thank you. Council, any questions for Mr. Barton? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: No questions, but a comment. Whoever makes the motion just make sure that we use the right amount of 5,112 dollars. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, I move approval of a fiscal year 2021 net zero budget amendment for Parks and Recreation Department in the amount of 5,112 dollars for downtown banners and site furnishing maintenance. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I second that motion. Simison: I have a motion and a second to approve the budget amendment. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, absent; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. 19. Police Department: Fiscal Year 2021 Budget Amendment in the amount of $1,500.00 for Idaho State Liquor Division Mini Grant Simison: Next item on the agenda is No. 19, which is a Police Department budget amendment for fiscal year 2020. It's a net zero in the amount of 1 ,500 dollars. I will turn this over to Kendall Nagy. Nagy: Can you hear me now? Thumbs up? Okay. So, Mr. Mayor, Members of the Council, Happy New Year. Thank you for hearing me present today. I just am requesting a budget neutral -- revenue neutral budget amendment for 1 ,500 dollars. Page 7 Meridian City Council Work Session Item#1. January 5,2021 Page 5 of — That is for grant funds that MADC applied for through the liquor division -- state liquor division and that will fund five all school middle school school assemblies during Red Ribbon Week. That's it. Clear and simple. Any questions? Simison: Council, any questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Not a question, but a quick comment, Kendall. Thank you for this and all the other work that you are doing with MADC, but I remember back -- both my boys going through middle school here, both spoke a lot about Red Ribbon Week. It had an impact. It certainly sparks conversations amongst the middle schoolers and their families amongst other things. Just there is so much good in our community and these grant funds go a long way to continuing that process and you are a big part of that. So, thank you for that continued effort and being successful in this grant once again. Nagy: Thank you, Councilman Borton. It's good to hear the feedback and that it comes full circle and I will certainly pass that along to the big team that works on prevention for the city. Simison: Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I would be glad to make a motion to approve the budget amendment in the amount of 1,500 dollars for the Idaho State liquor division mini grant for Red Ribbon Week. Strader: I will second the motion. Simison: I have a motion and a second to approve the budget amendment in the amount of 1 ,500 dollars. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, absent; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries and the amendment is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Page 8 Meridian City Council Work Session Item#1. January 5,2021 Page 6 of 16 20. Police Department: Overview of Policy, Practice, and Culture Simison: Next item up, Item 20, is a Police Department overview of policy, practice and culture. I will turn this over to Interim Chief Tracy Basterrechea. Basterrechea: Thank you, Honorable Mayor Simpson, President Bernt, and Members of the City Council. It is an honor to represent the men and women of the Meridian Police department and our -- and our community tonight. Thank you for having me here to speak about some of my passions, the Meridian Police Department, its culture, hiring the right people and proper police use of force. I have been asked a lot of questions lately and so I will try to cover all of those as we go through this tonight. The first area I will address is police use of force in general and the eight can't wait policy recommendations. But before I start I would like to point out I was one of the first, if not the first, law enforcement leader in the state of Idaho to speak out reference the George Floyd incident. I rarely speak out publicly when it comes to use of force videos when they go viral. Most use of force instructors worth their salt do not. The reason why is we rarely have the whole context of the -- from the video. For example, we don't know what happened prior and unlike many pundits we wait to base our judgment on the evidence. This incident was different. I had over eight minutes of context. George Floyd was laid prone in handcuffs with two police officers controlling his torso, while a third knelt on the side of his neck. Floyd told the officers he could not breathe multiple times and begged them for help, with civilians begging the officer to get off of his neck. So, what happened prior to this video would not and could not change my opinion of what I was witnessing. You see, the most basic rule of police use of force is excessive force begins when resistance ends. In other words, when a suspect quits resisting we should end our application of force. George Floyd was clearly falling into a medical emergency before he was removed from the patrol vehicle and placed on the ground. A medical emergency known as excited delirium or sudden in-custody death, which I am happy to speak with you about at another time, but due to time constraints we will focus on the eight can't wait policy recommendations moving forward. These came out immediately after the Floyd incident. I will address each policy recommendation one by one and, please, feel free to interject or ask any questions as I go. The number one policy recommendation was a ban on chokeholds or strangleholds. When the George Floyd protest erupted one of the first things activists wanted was a ban on police use of neck restraints, demanding a ban on chokeholds and strangleholds restraining suspects. First, I think it is important to differentiate between the two. A chokehold cuts off the airway on a subject. Let me point out chokeholds have been banned by police agencies throughout the United States for well over 30 years. Stranglehold or carotid vascular neck restraints slows oxygenated blood flow to the brain and can lead to unconsciousness anywhere from three to 11 seconds, with the subject or suspect recovering within 30 seconds. I will also point out the hold used on George Floyd was not a carotid restraint, at least not one I am familiar with and I have been a use of force arrest and control techniques instructor for over 20 years. I hold a black belt in Brazilian Jujitsu and a black belt in Kodokan Judo. We do in the police world and at the Meridian Police Department specifically utilized carotid or vascular neck restraints. These types of restraints are used every day throughout the world in Judo and Jiujitsu gyms and Page 9 Meridian City Council Work Session Item#1. January 5,2021 Page 1 of 16 competitions with no serious injuries or deaths. In 2007 the Canadian Research -- Police Research Center conducted a thorough study of various uses of force and their effectiveness. They stated in their study: This report finds that while no restraint methodology is completely risk free, there is not medical reason to routinely expect grievous bodily harm or death following the correct application for the vascular neck restraint in the general population by professional police officers with standardized training and technique. Another study which was published in the Journal of Applied Physiology in November 2011 states: We conclude the vascular neck restraint is a safe and effective force intervention. However, outcomes could vary in different populations. For instance, unhealthy or older subjects. No use of force is risk free, as is no technique. Use of force in law enforcement has been greatly criticized and in many cases rightfully so, which is one of the reasons I have been working with USA Judo in developing a police Judo program to better protect our citizens and our officers. It is also why I have been involved as a member of a focus group working on a Department of Justice grant called ADAPT or Adaptive Defensive And Protective Tactics, which will be the most comprehensive research project to develop a new police defensive tactics training model to date. In addition, we are working on a project at the Meridian Police Department with the Washington State University to better evaluate our uses of force and our interactions with our citizens. We are working to find better and more efficient ways to deliver arrest and control training to our officers with the goal of making them more proficient when it comes to controlling combative subjects. We are always working to improve and searching for ways to make policing safer for everyone involved. But changes must be evaluated and well thought out. We cannot change based on emotion. We must change based on facts and science. The second recommendation for the eight can't wait was required de-escalation. Provide our officers with de-escalation training. This is something we currently do and our emphasis is actually on nonescalation training to begin an encounter. Therefore, reducing the need for de-escalation or force. We also employ officers from different backgrounds, cultures, and races. We utilize them as resources when discussing bias, because, yes, we realize racism and prejudice does exist in every community. The third recommendation was require a warning before shooting. We have policy in place directing our officers to give warnings before shooting when possible. Use of force situations are very fluid and dynamic. Giving a warning is not always possible and may put an officer's life at risk. The fourth recommendation -- recommendation requires officers to exhaust all alternatives before shooting. It is impossible to require officers to exhaust all alternatives before using their firearm for the same reason I mentioned above. The requirement would put officers' lives at more risk. When faced with deadly force it is unfair to require an officer to respond with less than deadly force, putting their lives more at risk. This doesn't mean officers are automatically allowed to resort to deadly force. They are required to take precaution to avoid these types of escalations, but in the end the suspect is the main driver of these decisions. Number five. They ask for -- require the use of force continuum. The quote, unquote, return to the traditional force continuum is unrealistic for a variety of reasons. These continuums were abandoned by most agencies ten to 15 years ago as they were ineffective in guiding use of force due to their rigidity. A use of force is dynamic and fluid. It needs to be judged by the totality of the circumstances, which is what we do. Using the Page 10 Meridian City Council Work Session Item#1. January 5,2021 Page 8 of 16 constitutional standard provided by Graham v. Connor to guide our use of force training and reviews. Graham v. Connor was decided by the United States Supreme Court using the Fourth Amendment to judge police use of force. We do provide training on the types of situations where the various tools or techniques are best utilized. Ban shooting at a moving vehicle. We have this policy which bans shooting at moving vehicles, except in the most extreme circumstances and we have had this policy for many many years. Number seven. The duty to intervene. We have a policy in place covering duty to intervene, not only during the use of force, but we also emphasize the importance of intervening if our officers recognize another officer is getting frustrated while dealing with the subject and/or they recognize that the subject is getting under the officer's proverbial skin. Require extensive use of force reporting. We do require officers to report all uses of force and pursuit, including the pointing of a firearm. We are one of the only agencies in the valley to report pointing of a firearm as a use of force and the only agency I know of which records a felony stop as a use of force, even though a firearm may have not been pointed at anyone during this stop. Each of these uses of force and pursuits are reviewed by several layers of supervision. It starts with the immediate supervisor, which is usually a corporal or a sergeant, then, it goes to a lieutenant for review. Then it comes to my desk if it is a use of force and I do that review and, then, it is sent to our office of professional standards where a final review is conducted. In closing on this discussion about eight can't wait, we must realize policies do not fix all of our problems. Many agencies who have been put under consent decrees have implemented many of these policies, if not all, and they still have problems. Why? These agencies have an institutional and cultural problem that policies don't fix. Agencies who lower their hiring standards and accountability continue to face these same shortfalls, yet they continue to look for the quick fix, instead of embracing the discipline, resilience, and prolonged pressure needed to provide our communities the policing they deserve. Amongst all the screaming and the white noise we must not forget in 99 percent of these incidents had the suspect complied with the officer's lawful orders we would have never been engaged in a use of force. The most recent presidential task force uses the term comply, then, complain and I couldn't agree more, other than to say at MPD we strive for cooperation before having to move to compliance. There are many avenues for complaints to address after complying with the officer on scene. Does anybody have any questions on the eight can't wait policies? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just wanted to maybe comment a little bit. First of all, just to thank you very much, Interim -- I will just call you Interim Chief for this moment, but, you know, we have had a lot of success over the years, but this has been in the national spotlight and I think we don't want to take our success for granted and so I -- I just very much appreciated having you come before us in a public meeting, you know, to talk about this, to have an open conversation and especially for members of the public that may have moved here or that have questions or may -- or may have not had a good interaction, so that they can have these resources and understand what our policies are today, the Page 11 Meridian City Council Work Session Item#1. January 5,2021 Page 9 of 16 reason why we have the policies that we have and, then, the most important piece that you touched on is this culture piece and I wanted -- I wanted to dig a little bit into the -- it looks like, if I'm characterizing this correctly, we meet most of these policies and we have for years already and that we have been a leader in a lot of these areas. Do you think that there is anything in particular that we are not doing that we need to take a look at along these recommendations? I heard a lot of good -- you and I have talked a lot about it and I have heard a lot of good discussion and dialogue on why we are doing the things that we are doing. Is there anything along these eight that we need to take a look at or evaluate further? Basterrechea: I think as I go on in the presentation I believe I will cover some of that. I hope. And if I don't, please, bring me back to it. Strader: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question, Chief Basterrechea. The vascular neck restraint, we know that -- that through the academy that police officer recruits, they come through and they are trained and they learn all of this. Can you describe to me the follow-up training or the continual training that might happen if they are in the Meridian Police Department how that unfolds in their career? Basterrechea: Yes. Every year they go through repeated training on use of force in general and neck restraints in particular and arrest and control tactics. That is one of the things where I talked about we are trying to find an even more efficient way to deliver defensive tactics training to our officers. I'm working with one of our defensive tactics instructors right now trying to find a way to bring actually monthly training to them, so that our officers are much more proficient than the average officer in the United States. Hoaglun: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Maybe a quick follow up. No one -- we are human and police officers are human and they are going to make mistakes sometimes, even with the best training. How do we ensure that when we are supervising our officers we are giving them feedback about how to improve or if -- you know, let's say that a body camera shows something that -- that's not the textbook way that we train or that there is a problem, how do we continuously review and try to help improve? Page 12 Meridian City Council Work Session Item#1. January 5,2021 Page 10 of 16 Basterrechea: Very good question. One thing I will tell you is you will never see a textbook technique in an actual use of force. Anybody in here who has ever been involved in a struggle, a fight, or anything like that, it doesn't look like it does on TV. It's ugly and it's messy. I will tell you that every time we review body worn camera footage if we see something that is a training issue we address that with our training staff when we provide remedial training. If it turns out to be a policy issue, then, we deal with that through our office of professional standards. But we are -- at the end of each year, as well as the constant review of all of those things, we review all of our use of force and we have try to shape our training around that. So, for instance, if we see that officers are using more two officer techniques while trying to maintain control of a violent subject, then, we focus on those areas for the upcoming year to provide our officers the best type of training in those situations. So, we try to, quite frankly, play the odds. What are the resistance, what are the types of attacks that we are most likely to face and we focus on those. Strader: Thank you. Basterrechea: Okay. Moving on one of the other questions that has come up is policing as a profession has been under incredible stress in recent years. How can we hire the right officers that uphold our values and, again, let me say policy certainly helps guide our officers in their daily duties, but with policy the need for training is even more important. We have a very extensive training program and we are constantly reviewing our training policies and our uses of force to better prepare our officers for the situations they may face. Along with this we also review use of force incidents and trends nationwide in order to learn from other agencies successes and their failures. Meridian deserves to have the men and women of the MPD meet the highest standards for training, education, ethics and dedication while serving the entire community. Meridian Police Department has been very progressive in our training and policies for many years, including being one of the first to equip all of our patrol officers with body worn cameras pre-Ferguson. We have also entered into this study as I mentioned with Washington State University, which will help us evaluate our uses of force and our interactions with our community through the evaluation of body worn camera footage and the language we use during these interactions. With this said, we have to remember that the most important thing we can do is hire good people. We understand one wrong hire can hurt the entire agency. We also understand officers are human and humans make mistakes. Unfortunately for a police officer, a mistake in our profession has the potential for the loss of life and the loss of the trust we work so diligently to build with our community. Many times hiring for culture is much more important than hiring for a skill set. Yes, we need skilled police officers, but we need those officers to understand the importance of treating everyone we come into contact with with dignity and respect. Hire for character, train for skill. The Meridian Police Department understands and stresses the value of human life. We do not take this or our responsibility to our community lightly. We stress our CARE values, which stand for Customer Service, Accountability, Respect and Excellence. We stress doing things the Meridian Way and how that means to go above and beyond in all of our citizen interactions. Another question that was posed was please tell us about the threats and Page 13 Meridian City Council Work Session Item#1. January 5,2021 Page 11 of 16 challenges you believe we face in Meridian in the future and how we can face -- face them. Certainly growth is a challenge and a potential threat to our city and our department's delivery of service. With growth comes good people. It also brings with it some people who maybe aren't moving here with the best of intentions or sometimes they are moving here with good intentions, but naive and believing that a change of scenery is going to change their behavior or their child's behavior. The kid who is the small fish in the big pond oftentimes becomes the big fish in the small pond when they make these moves and the behavior they were fleeing is brought with them into our community. I think we may have a bit of a head start on this by looking at the build out of the precincts, which should help with the delivery of service. Maintaining a strong student -- or school resource officer program is another way to help alleviate the second part of this growth problem, along with creating and maintaining more opportunities for our community to mentor our youth and create opportunities for them. Those of you in this room who have been involved in coaching or some other sort of mentoring program know exactly what I am talking about. The impact a mentor can have on someone else's child is immeasurable. Two, we need to look at a different policing model for serving those in mental and substance abuse crisis. These types of calls have increased probably more than any other calls we have gone to over the years. They take up a ton of resources and we have to find a better way. A civilian led crisis intervention team program moves us in the right direction and feeds what the public and research has shown to be a more effective way forward. Unfortunately, we know when society has a problem they cannot solve they more than likely turn to the police for help. We understand we will probably never be out of the business of responding to people in crisis, but we have to look at the long term solutions as a city, state, and nation and I will put this caveat on the end. If you think that legalization is the key, trust me, you are mistaken. The states who have began legalizing marijuana and decriminalizing harder drugs have proven to be a miserable failure for the health of their communities. The third challenge we face is with upcoming retirements many people are sounding the alarm of doom and gloom. We constantly hear nobody wants to do this job in the current environment. I see this as an opportunity to find people who truly want to do this job for the right reasons, especially when you have people who want to come to work for our department specifically. This shows they have done their research and understand our demand for ethical, constitutional, and respectful policing. We cannot lower our standards or shortcut our processes. Every entry level candidate takes a written test. If they pass that test they, then, move on to an oral board that is made up of non-sworn personnel and sworn personnel, including at least one person from our command. They, then, provide an initial background screen. If there are no disqualifiers discovered, they, then, go into full background investigation. Our investigators interview friends, neighbors, family, and coworkers. We send our investigators to where our applicant lives and works. We do not conduct phone interviews. If things look good after this they meet with me one on one and if all goes well they receive a conditional job offer. They, then, need to pass a polygraph test, a drug screen, and a psychological exam. After all of this they attend a 20 week joint police academy we run with the Nampa Police Department. Once they are finished with that academy they, then, go through a 14 week field training program and once the candidate has successfully completed all of this they are finally put out on the road by Page 14 Meridian City Council Work Session Item#1. January 5,2021 Page 12 of 16 themselves. We cannot shortcut our processes. A fourth challenge that we face I would say this: Don't get caught up in the national rhetoric and let a group of activists hijack our conversations in our community. As I mentioned earlier, unfortunately, prejudice and racism exists in every community. Having acknowledged this, realize that every time a police officer uses force against a person of color does not mean that officer is racist. We shouldn't allow this rhetoric. If the situation was reversed we wouldn't and we shouldn't jump to this conclusion because police officers are involved. It is dangerous, inappropriate, and irresponsible. We should not be discussing who quote, unquote, controls the narrative. The narrative should be based on fact after a thorough investigation has been conducted. Far too often this is not the case and it puts our communities and officers at risk. The fifth challenge that we face I would say are extremist groups from the far left and the far right. Both groups thrive on anti- government rhetoric and on tactics designed to intimidate public elected officials. Talk about a job no one would want to do. Who wants to be an elected official only to have people terrorize you and your family at your own home. These groups point their fingers at one another, but they both use the same tactics. Do not let the extremes drive your decision making. Just a couple more questions that I was asked to answer and we will wrap up. How do we try to measure or assess how we are doing when we interact with the public? We use both qualitative and quantitative data to do this. The City of Meridian conducts citizen surveys to evaluate how each department and their service is perceived by the citizens. As a department we also evaluate the types and numbers of complaints that come into the department, as well as doing random checks of our interactions by reviewing body worn camera footage. This is another area where we expect the partnership with WSU to assist us. Moving forward we are also working on a spot on our website where people can provide feedback, which includes the good things our officers do and the ability to file complaints. The other thing I like to do is randomly ask people in the community how we are doing. I like to do this when I'm off duty and out of uniform, so nobody recognizes me. I usually tell them I'm new to the area or moving to the area and I start to ask them about their satisfaction with different city services and specifically the police department. This has proven to be extremely invaluable to me. How do we allocate our resources for non-urgent calls. We have an amazing group of community service officers and code enforcement officers, both of which are non-sworn, who handle many of the calls not requiring a sworn police officer. Our code officers enforce many of the city ordinances dealing with signs, property use, weeds, abandoned vehicles, et cetera. Our community service officers handle many calls that officers used to handle, such as lost or found property. Many times cold case burglaries, frauds, and certain types of accidents. Both of these groups do an excellent job and take a lot of calls for service freeing up our sworn officers. These are both programs which will need to be expanded in the future. We work diligently in the area of crime -- preventing crimes in our community through our crime prevention unit, which provides many resources through neighborhood watch and crime prevention through environmental design or CPTED surveys and a variety of classes. The Meridian Anti- Drug Coalition provides many free resources and educational opportunities to our youth and our adult population. Is there anything we need to keep our eyes on during this transition in particular or any additional support you think that you need from City Council at this time? The main thing I would ask all of you you have already been Page 15 Meridian City Council Work Session Item#1. January 5,2021 Page 13 of 16 doing, but, please, continue to ask us questions if you have them. Don't let a hashtag driven by people who have no idea what policing or police work is drive your decision making. Instead, ask questions and consider the facts to make your decisions. Ask yourself what is the agenda behind -- behind this. I would also ask you to empathize with our officers who stumble from time to time. We are all humans and they are trying to do their best each day. Policing isn't easy. It is a hard job and I like to use myself as an example when I first became a police officer. I remember being 26 years old, having been married a whopping six months and going to my first domestic situation. Here I am dealing with people quite a bit older than me, who have been married for probably 20 plus years, and I'm explaining to them with all of my experience of being married how they are supposed to interact with one another as a married couple and, then, I get dispatched to a juvenile beyond control call where I go to parents who are having trouble disciplining their child. Here I am -- and no children in sight -- and I'm explaining to them how to be proper parents and how to discipline their child appropriately. The next call you may go to is a mental health call where our officers are expected to be mental health professionals and, then, the next call may be a use of force call -- or a call involving the use of force where everybody expects them to be Chuck Norris. It's a tough job. We can't be experts in everything. We tend to forget the almost unattainable expectations we have for our officers at times. We expect them to be perfect every time when dealing with people during their most imperfect moments and remember policing is so much bigger than law enforcement. We have the ability to positively or transversely negatively affect someone's view with every interaction. At the Meridian Police Department we strive for those interactions to be positive. We know we are not perfect, but I can tell you we are an agency who values our relationship with our community more than most and the men and women of MPD continue to evaluate our policies and training to provide the best service possible. Lastly, remember policing is a community effort. To paraphrase Sir Robert Peel, the police are the community and the community are the police. We have to work together, not against each other. And with that I will stand for anymore questions. Simison: Thank you, Chief. Council, any additional questions? Basterrechea: Okay. Thank you. Strader: Mr. Mayor? Hoaglun: Mr. Mayor? Simison: Council Woman Strader. Strader: I thought that the -- the crisis intervention concept is intriguing. My fear, not knowing much about it, is a lot of mental health situations are also very dangerous I would imagine. Is that something that we are looking at and is that a model we are thinking of building out, like how we have the community service officers, but like with a more specialty in mental health or how would we start looking at that? Page 16 Meridian City Council Work Session Item#1. January 5,2021 Page 14 of 16 Basterrechea: So, first off, all of our officers are trained in crisis intervention to begin with. However, I actually had this discussion with the Mayor prior to Council and we discussed that 40 hours isn't enough and reoccurring training really isn't enough all the time for our officers. The idea behind having civilian mental health coordinators and mental health professionals working hand in hand with our police officers is making sure that they can follow up with these people who have been in crisis or people who have been put on mental hold and direct them and help them find the resources that they need to find, so that we are not continually going back to these calls time after time, which is very very common with some of our people in the community who do suffer from mental health issues, we are constantly getting called back to that residence, that house or apartment, to deal with them when they are in crisis, because they don't have the long-term ability, an officer doesn't have the ability to follow up with them and provide them with the direction and resources that are needed. We truly believe that using civilian coordinators and civilian mental health personnel will help with this greatly and, hopefully, we will -- we do plan on expanding it in the future, but we got it -- we have got to get it started first. Simison: And if I could add onto that, I think if you look at your CFP that will be on display next week you will see at least one position -- I think the question that Tracy and I talked about earlier is one enough at this point in time and I think that's part of what -- not just getting off the ground, but also looking at the evaluation of the types of calls and what the impacts would have been or could be in terms -- because it's a lot -- I'm not going to say easier or cost effective, but we might be able to get two -- two of those positions for every one officer. What's the -- how does that offload look from that standpoint. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Council Woman Strader asked one of my two questions that I had for the chief and I appreciate that. That's very helpful to understand that a little deeper. My other question, though, does deal with crisis intervention and whatnot, but it's on the other side of the table. That is how are we handling dealing with our officers with these stressful situations that they are involved with. I mean over time that can build up. There are situations that they make decisions every day and they are difficult decisions and how are we supporting them through possible crisis? Basterrechea: So, depending on two different factors here. One is the cumulative effect of policing and the second would be what happens after -- immediately after a -- say, for instance, a critical incident where an officer is involved in a shooting or something like that. The first thing that we do is we make sure that those officers involved in those critical incidents are seen by a mental health professional and make sure that they are doing okay. The other thing we do is we have a debriefing amongst the team that was involved in that incident, where we have officers from our peer support group and -- that have been trained, they come in and they meet with the team, Page 17 Meridian City Council Work Session Item#1. January 5,2021 Page 15 of 16 so to speak, and they talk about the call. They discuss exactly how they felt or what they are feeling and, then, if they need follow up after that, if an officer does, we do provide them with follow up with a mental health professional after that. Simison: Council, any additional questions? Okay. Basterrechea: Okay. Thank you very much. EXECUTIVE SESSION 21. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer, 74-206(1)(c) To acquire an interest in real property not owned by a public agency, and 74-206(1)(d) To consider records that are exempt from disclosure as provided in Chapter 1, Title 74, Idaho Code. Simison: Council, we have reached Item 21 on our agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we go into Executive Session per Idaho Code 74-206A(1)(a), 74- 206(1)(c) and 74-206(1)(d). Hoaglun: Mr. Mayor, second the motion. Simison: I have a motion and a second to enter Executive Session. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, absent; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. We will adjourn into Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (5.14 p.m. to 6.02 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. Page 18 Meridian City Council Work Session Item#1. January 5,2021 Page 16 of 16 Hoaglun: Mr. Mayor, I second the motion. Simison: Motion and second to come out of Executive Session. All those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: 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 a second to adjourn the meeting. All in favor signify by saying aye. Opposed nay. The ayes have it and we are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:02 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1 / 19 2021 MAYOR ROBERT E.SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 19 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 15, 2020 City Council Work Session Page 3 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 Page 13 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 15, 2020 City Council Regular Meeting Page 14 Meridian City Council Item#2. December 15,2020 Page 53 of 53 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1-5-2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 67 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 22, 2020 City Council Work Session Page 68 Meridian City Council Work Session Item#3. December 22,2020 Page 18 of 18 Bernt: I move that we adjourn. Cavener: Second the motion. Simison: I have a motion and a second to adjourn. All those in favor signify by saying aye. Opposed nay. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 5:38 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1-5-2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 86 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 22, 2020 City Council Regular Meeting Page 87 Meridian City Council Item#4. December 22,2020 Page 66 of 66 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1-5-2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 153 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fed EX B01A Van Station Water Main Easement Page 154 ADA COUNTY RECORDER Phil McGrane 2021-002164 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 01/06/2021 09:44 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision): Fed Ex BOIA Van Station ESMT#2020-0144 Water Main Easement WATER MAIN EASEMENT THIS Easement Agreement, made this 5th day of January, 20 21 between Grand Jr., LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: A---- STATE OF IDAHO ) ) ss County of Atilt ) — -w►V �-Mvts This record was acknowledged before me on (date) by C Y i F- (name of individual), [complete the following if signing in a representative c ity, or strike the following if signing in an individual capacity] on behalf of En vrx L-A Z v. ,C-l_G (name of entity on behalf of whom record was executed), in the following representative capacity: JAL>, A _(type of authority such as officer ee) (stamp) Not ry Signature n My Commission Expires: �J- '"l r Z2 ERIN CALLEN Notary Public-State of Idaho Commission Number 67679 4 My Commission Expires May 9, 2022 A Sanitary Sewer Easement REV.01/01/2020 Page 156 Item#5. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 1-5-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV.0 1/0 1/2020 Page 157 Item#5. (rJ-LI-B 'l J-U-3 COMPANIES isLANGOON GATEWAY MAPPING GROUP INC. J•U•B ENGINEERS, INC. EXHIBIT"A" CITY OF MERIDIAN WATER EASEMENT PARCEL A of RECORD OF SURVEY No. 12136 LEGAL DESCRIPTION That portion of Parcel A according to Record of Survey No. 12136 recorded under Instrument No. 2019- 128689,Ada County Records, said portions located in the Southwest Quarter of Section 11,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the corner common to Sections 10, 11, 14 and 15,Township 3 North, Range 1 West, Boise Meridian, from which the south quarter corner of said Section 11 bears South 89°09'32" East, 2,658.18 feet;Thence South 89°09'32" East, 1,672.55 feet along the south line of said Section 11; Thence North 00°50'28" East, 30.00 feet departing from said south line to the northerly right-of-way line of W. Franklin Road and the POINT OF BEGINNING; Thence N 01°00'53" E, 55.50 feet departing from said northerly right-of-way line; Thence S 88°59'07" E, 50.56 feet; Thence N 00°00'20" W, 318.50 feet; Thence N 89°59'40" E, 20.00 feet; Thence S 00°00'20" E, 338.86 feet; Thence N 88°59'07" W, 50.91 feet; Thence S 01°00'53" W, 35.44 feet to said northerly right-of-way line; Thence N 89°09'32"W, 20.00 feet to the POINT OF BEGINNING, containing 0.20 acres, more or less. TOGETHER WITH That portion of Parcel A according to Record of Survey No. 12136 recorded under Instrument No. 2019- 128689,Ada County Records, said portion located in the Southwest Quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the corner common to Sections 10, 11, 14 and 15,Township 3 North, Range 1 West, Boise Meridian, from which the south quarter corner of said Section 11 bears South 89°09'32" East, 2,658.18 feet;Thence South 89°09'32" East, 1,236.47 feet along the south line of said Section 11; Thence North 00°41'05" East, 470.68 feet departing from said south line to a point on the west line of said Parcel A;Thence departing from said west line, North 89°59'40" East, 84.17 feet to the POINT OF BEGINNING; Thence N 00°00'18" W, 68.55 feet; CITY OF MERIDIAN WATER EASEMENT/PARCEL A of RECORD OF SURVEY No. 12136 LEGAL DESCRIPTION Page 1 of 2 a 250 S. Beechwood Avenue,Suite 201, Boise, ID 83709 p 208-376-7330 w www.jub.com Page 158 Item#5. (rJ-LI-B 'l J-U-B COMPANIES ® TH LANGOON Q MAPPING GROUP INC. J•U•B ENGINEERS, INC. Thence N 45°00'18" W, 25.43 feet; Thence N 00°00'18" W, 38.54 feet; Thence S 89°59'40" W, 18.47 feet; Thence N 00°00'20" W, 20.00 feet; Thence N 89°59'40" E, 18.47 feet; Thence N 00°00'18" W, 624.19 feet; Thence S 89°59'42" W, 56.93 feet; Thence N 00°41'05" E, 20.00 feet; Thence N 89°59'42" E, 54.77 feet; Thence N 44°59'40" E,44.64 feet; Thence N 00°00'19" W, 34.37 feet; Thence N 89°59'41" E, 20.00 feet; Thence S 00°00'19" E, 36.15 feet; Thence N 89°59'40" E, 322.57 feet; Thence N 00°00'20" W, 38.12 feet; Thence N 89°59'40" E, 20.00 feet; �ti� �� S Thence S 00°00'20" E, 745.82 feet; o Thence N 89°41'53" E, 15.29 feet; 4 o Thence S 00°18'07" E, 20.00 feet; Thence S 89°41'53" W, 15.39 feet; Z� Thence S 00°00'20" E, 91.35 feet; OF 0 Thence S 89°59'40" W, 20.00 feet; T L. KPH Thence N 00°00'20" W, 799.04 feet; Thence S 89°59'40" W, 336.08 feet; Thence S 44°59'40" W, 22.83 feet; Thence S 00°00'18" E, 688.09 feet; Thence S 45°00'18" E, 25.43 feet; Thence S 00°00'18" E, 76.83 feet; Thence S 89°59'40" W, 20.00 feet to the POINT OF BEGINNING, containing 0.99 acres, more or less. END DESCRIPTION This description was prepared by me or under my supervision. If any portion of this description is modified or removed without the written consent of Robert L. Kazarinoff, PLS, all professional liability associated with this document is hereby declared null and void. Robert L. Kazarinoff, PLS 16642 Date 22 DEC 2020 CITY OF MERIDIAN WATER EASEMENT/PARCEL A of RECORD OF SURVEY No. 12136 LEGAL DESCRIPTION Page 2 of 2 a 250 S. Beechwood Avenue,Suite 201, Boise, ID 83709 p 208-376-7330 w www.jub.com Page 159 Item#5. L47 Legend L46 5 Property Line L4 N89'59'40"E 322.57'� ------- Easement Line L44 N-__ _________^_ — Section Line A- S89'59'40"W 336.08' — — — —— Adjacent L42 I Property Line 1 — Right—of—Way Line I 1 0 — 5/8" Rebar o — 1/2" Rebar I I I � — Section Corner I o l W — Quarter Corner rn o — Calculated Position N I o I ! w 1 1 W p1 120 m 1 °r° PARCEL A o I ! o o Record of Survey O ! O o I 1 b No. 12136 0 1 1 0 of I 0 zl I En z1 I I i I 1 in II 1 ! mNIn / II 11 WwN 1 0 O— I `o z° 41 I I 1 ! x L40 I I L51 0 100 200 L39 I I I L38 1 1 L54 L37 co I 1 0) I ,n Scale in Feet L351 6 Ada County Highway District Right—of—Way L31 Point of Beginning Eas ment No.2 T 9 0 00 o;I oI "'� 1 0 1iM $ i� I NI I M ,q O O l Z1 ' ��'� 0 1 S88'59'07"E b 22 SEC Zo?,f� z 1 50.56' 1 Point of I I Commencement L30 -A I L32 10 11 1236.47' _ _ u _ _ 436.08' — _ Lj4 1111 15 1'4- W. FRANKUN RD. 9 V 4 N89'09 32"W 2658.18 Point of L2Beginning �LL Easement No.1 LL WATERLINE EASEMENT CITY OF MERIDIAN J•t3-SENWNEERS,INC. LOCATED IN THE SW 1/4,SECTION 11,T.3 N.,R.1 W.,B. Page 160 a a CITY OF MERIDIAN,ADA COUNTY, IDAHO Item#5. Line Table Line Table Line # Direction Length Line # Direction Length L29 N00'50'28"E 30.00' L45 N44'59'40"E 44.64' L30 N01'00'53"E 55.50' L46 N00'00'19"W 34.37' L31 N89'59'40"E 20.00' L47 N89'59'41"E 20.00' L32 N88'59'07"W 50.91' L48 S00'00'19"E 36.15' L33 S01'00'53"W 35.44' L49 N00'00'20"W 38.12' L34 N89'09'32"W 20.00' L50 N89'59'40"E 20.00' L35 N89'59'40"E 84.17' L51 N89'41'53"E 15.29' L36 N00'00'18"W 68.55' L52 S00'18'07"E 20.00' L37 N45'00'18"W 25.43' L54 S89'41'53"W 15.39' L38 N00'00'18"W 38.54' L55 S00'00'20"E 91.35' L39 S89'59'40"W 18.47' L56 S89'59'40"W 20.00, L40 N00'00'20"W 20.00' L57 S44'59'40"W 22.83' L41 N89'59'40"E 18.47' L58 S45'00'18"E 25.43' L42 S89'59'42"W 56.93' L59 S00'00'18"E 76.83' L43 N00'41'05"E 20.00' L60 S89'59'40"W 20.00' L44 N89'59'42"E 54.77' o� a FP x 22 DES ZoZp a� a WATERLINE EASEMENT CITY OF MERIDIAN o(� 1-ll-BENGIfJEEHS,INC- LOCATED IN THE SW 1/4,SECTION 11,T.3 N.,R.1 W.,B. Page 161 CITY OF MERIDIAN,ADA COUNTY, IDAHO 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Pearson Subdivision Pedestrian Pathway Easement Page 162 ADA COUNTY RECORDER Phil McGrane 2021-002166 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 01/06/2021 09:45 AM Project Name (Subdivsion) CITY OF MERIDIAN, IDAHO NO FEE Pearson Subdivision ESMT#2020-0128 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 5th day of January 20 21 , between Melanie Pearson hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV. 01/01/2020 Page163 IF Item#6. them, to such cxtam such easenie t licfeby gea.and which lies within such baLmdary thereof or wh 44 h is a part thereof, steal I cease arud become in all pnd }void an(i o r Tw farther eiltxi taxi shall be oompicluly rulingoishcd, THE C RAN TOR does hmrcby wvcnanl "ilh the Get= that it is luwfully wlzud and possesscd of the aforcmentiaaed and described; tract of land_ and that it has a good and lawful right to omvey sails en ment, and that it will wait and forever &fml chC !itle m ut quirt passcssion thcrcof allaiast the lawful claim of all persons xvhamsocvcr, IN WITNESS W]11?RE01 , the said U Lor has hereurtlto subsc ibed its si wru the dad. rand }'ear first heminabove written, 0RA NT r STATE OF IDAHO sus County of Ada Th is record ers acknowledged before miz. on (date) by t. Pta-r c - (10mr, Ut ITWJ Vlaulal), [cm1plew thef fullvwi ag if xigF j'ng iota capaci(v, of strike the fbllaw ng if s"ng in an end?v0zml capac�CVJ 1�$4X HW--¢f .- (stamp) 'Y DJ,ALAD �. Notary Si t urr !MELT A. LEWIS My amrnis€ion Expires: + X61hMSM 02019 NOTARY PUBLIC STATE OF IDAHD r �x .bV M P den-s iem Patli�-Yak- Easemera REV. 01�OI 02i3 Page 164 Item#6. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 1-5-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Pedestrian Pathway Easement REV. 01/01/2020 Page 165 Item#6. EXHIBIT A LEGAL DESCRIPTION City of Meridian Access/Multi-Use Pathway Easement Pearson Subdivision A parcel of land lying in the southeast quarter of the northeast quarter of Section 1 Township 2 North Range 1 West Boise Meridian,Ada County, Idaho and more particularly described as follows; Commencing at the one quarter corner common to Section 1 T2N R1W and Section 6 T2N R1E,thence NO°51'08"E(basis of bearing east line Section 1) along the east line of the northeast quarter of Section 1 a distance of 1320.96 feet, said point lies SO°51'08"W 1320.99 feet from the northeast corner of Section 1;thence N88°49'41"W a distance of 68.42 feet to the westerly right of way line for S. Kuna Meridian Road. (State Highway 69) and the Real Point of Beginning; Thence along said westerly right of way line for said highway, S1°51'56"W a distance of 50.00 feet to the southeast corner of Lot 2 Pearson Subdivision; Thence continuing along said right of way line, S1°51'56"W a distance of 112.79 feet to the southeast corner of Lot 3 Pearson subdivision; Thence along the south boundary of Lot 2,S80°55'36" W a distance of 14.26 feet; Thence N1°51'56" E a distance of 115.32 feet to the north line of Lot 2; Thence N1°51'56" E a distance of 50.00 feet to the north boundary of Lot 2, Pearson Subdivision; Thence along said north boundary,S88°49'41" E a distance of 14.00 feet and back to the point of beginning. Said parcel contains some 0.05 acres, more or less GTL /ry 5'A �AqT�OF Page 166 Item#6. EXHIBIT B City of Meridian Access/Multi—Use Pathway Easement Pearson Subdivision Located in the SW114NE1/4 Section 1, T2N RI W, BM. City of Meridian, Idaho T3N R1W36 30 T2N R1W 1 6 STUCKER SUBDIVISION 14,00' 0) 6 S88°49'41'E ti 68.41 0 0 Lot 4 0 0 Ln a, 21' o btco PEARSON SUBDIVISION a' W 14' sidewalk O LO easement Lot 2 � � o 3 O O !n cri 71.30' 1,39' S89°08'52"E S80°55'36"W W 14,26' cp O Lo rFO06 F�pP 4 ,�►� �" Sty 1 TAYSOM SUBDIVISION 6 40 0 20 40 80 SCALE: 1"=40' Page 167 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Chukar Ridge (FP-2020-0012) by Kristen McNeil of The Land Group, Located at 4005 N. McDermott Rd. Page 168 Item#7. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 22, 2020 ORDER APPROVAL DATE: JANUARY 5, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 63 BUILDING ) CASE NO. FP-2020-0012 LOTS AND 8 COMMON LOTS ON ) 15.42 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR CHUKAR ) APPROVAL OF FINAL PLAT RIDGE SUBDIVISION. ) BY: THE LAND GROUP ) APPLICANT ) This matter coming before the City Council on December 22, 2020 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat,the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING CHUKAR RIDGE SUBDIVISION, LOCATED IN THE NW 1/4 OF SECTION 32, TOWNSHIP 4N, RANGE 1W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: NOVEMBER 3, 2020, by JAMES R. WASHBURN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHUKAR RIDGE—FILE#FP-2020-0012) Page 1 of 3 Page 169 Item#7. PLS, SHEET 1 & 2 OF 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated December 22, 2020, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Kristen McNeill, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHUKAR RIDGE—FILE#FP-2020-0012) Page 2 of 3 Page 170 Item#7. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 5th day of January , 2021 By: Robert E. Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 1-5-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHUKAR RIDGE—FILE#FP-2020-0012) Page 3 of 3 Page 171 Item#7. EXH I BIT A STAFF REPORT C: E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 12/22/2020 ' Legend DATE: ��PFaject Lflcaian �'TO: Mayor&City Council JF FROM: Alan Tiefenbach Associate Planner 208-489-0573 SUBJECT: FP-2020-0012 Chukar Ridge Final Plat LOCATION: The site is located at 4005 N. McDermott Rd., in the NE 1/4 of Section 32, Township 4 N.,Range 1 W. :2 - - I. PROJECT DESCRIPTION Final plat consisting of 63 buildable lots and 8 common lots on 15.42 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant Kristen McNell, The Land Group-462 E. Shore Dr, Suite 100,Eagle, ID 83616 B. Representative: Owner—AMH Development LLC—30601 Agoura Hills, CA 91301 III. STAFF ANALYSIS The preliminary plat for this development were approved by City Council on July 21,2020. The preliminary plat consisted of 63 building lots, 8 common lots and 3 common driveway lots.All lots within the development comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The applicant initially proposed a 1/4 mile pathway loop as their amenity. This loop consisted of several lengths of pathways running through common open space areas that tie to the McFadden Drain as well as proposed sidewalks. At their June 4,2020 meeting the Planning Commissioners recommended an additional"tot lot"amenity be added to this development. That amenity has been added to Common Lot 4,Block 4. Pagel Page 172 Item#7. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. 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 173 Item#7. V. EXHIBITS A. Preliminary Plat(date: 7/2/2020) fH sue.. 1 'F.�1', �11—'e-1; - , .}M1_ Tre - __ W ---_� ��-�s1��w.-,._S•R.. I � �� i• --- --- _ - �.e f ate, �_-�-:Y„-L-3o-- � ., ',,�- '��_ _ mot' �'• �„ I d �, ------, r-- ---- t---Z -iI Eli --- ---�� B. Final Plat(date: 11/3/2020) $x 5;M 1 sa J �� 4 &ELI' I 4 y4 �k�3Rvaw��k Lis ia i� s 4 I I �4� �E�A6RT4 BEH4Cg7M e �g� LWPLATrED '-' f ' l+i ce, 4 y 44 '$A9r• +�L .��-, L-J ■ucsaY07 ��I I �x�-- � Q5' tl ia� I f 0 ,l8} iti� 1� - rr11 I a. Lm r. el filhennmtil L L10, 2791 m fs7f �a LJ V kJ � is i NMI?" Blcclll ��143e7f 13a1,i4 �i+ie c4eeee E55T oue �A� 9BCII9X�Y I re TRK.R iw,.EA TAK I ��r. CPSFIkSTp. I� I� Page 3 Page 174 Item#7. C. Landscape Plan(date: 11/3/2020) � 1 EV fr .f � p V�, --- I I + I III f'f +i+ �1+ � '2;+r4-yy• �Po 4� � '�� ytitiy4'�-----F Ip IY 'III �, fr,f f +�f +•,� r,� � �r�,i ' .'lll---IRI �+{+ +r, ��+ 7I+f !,7 rrt � �`�� .��x L�__J I L 6�� I� f 1, ,;,+ r f 7 r!•f "i;It rrl+f ~�`r•ram -_ re- IJ+,7 r +su7ff I - a1x D 1 ++,+ 1 ------- I -- -- -- I ffwool 1 tt m L j L ftf 4 I 1 ; a k _---__ 11 l 1 III IIr _ �__ f - - J- - R } I - ------= !`-- Y I- 9 Achievement St 1 -- ! I _—+ ill i � � ' .... f I W Achievement Si— �i 1 PR ON Page 4 Page 175 1 , Item#7. I 1 ' ar lllf '�'Ir---I # '�'r•� ': �,� — spy �Ar t� I j f ell'r fr'I ry' �r '�' K ~ — — •— —� q 4 � I ~�--�Fti• WC •-F7M k .'I'• FY "iq� a 1�1 u I1 ,II III .�• L.� 10 - 1 I11 ,�, r , Fes• � , I I 1 � r ICI I r ' 1 I III ' , � �-ti __J , rITTTTTo-Ylti�• II 1 r� ♦� Ix � r 'RIi III 7 fi I ,}I r , 7 I�UggJ ;k r� I D. Sound Attenuating Wall f LOT OWN"lIff EM19]II"/T y +* -- Bff"IGH NOISE ONTTPOE� _ k, a+7 ASPHALT PAT" 1�LOT BOONOARY F@TCE I HEMO9TTIAL LOTS "I J MMEMAM PAM 50•LANDSCAM BUFFER Page 5 Page 176 Item#7. E. Additional Amenity and Proposed Materials for Sound Wall. " OPEN PLAY AREA - - J - _ I � I Supporting Imagery " PIR" L - - -- d Page 6 Page 177 Item#7. F. Emergency Access Exhibit GANDER CREEK PHASE 2 STUB STREET SECONDARY ACCESS �FtA .�' r •s , des wl- ..„go-_".. _ J, SECOAfbA SS - 3 F L-------- ' F L--------i �L---- -- , �. „ r Jf ---- -- J MF MVVES jTOiJiOWYHEE STOlH111�R9E.' ___ _ � 3� ___ ___ __ ___:wci�' __ _ ___ '■ ""-tl""'-°"' �— o ®W, FUTURE ACCESS FUTURE ACCESS I � � - FI Page 7 Page 178 Item#7. G. Common Drive Exhibit(date:12/15/20) I [� L wWW � WWwwWyw I � I I � , I I 4 4 J 4 4 L----`--J + L --- L w W W •' W W I W W W w W W Y I I - � WI •{. 1 W L w W Driveway A ..: w 1 U' JEER L - ---- -—————— II , w — FENCING REFER TTI , �* I I LANOSGAPE SHEETS. LW i f ' 12'TYPICh1 I L a BUILDING ENVELOPE , W . fib VARIES 20'SEC TYPICAL ——————————— I 0 M. 40r Common Drive Exhibit- Driveway A HorportaI Scale:V=20' PYaO?k.119112 Cox d F.:M:11.13,2020 Page 8 Page 179 Item#7. 217 SE1EACK BUILDING ENVELOPE � TYPICAL RJW �P." -- --- o yr-- I I I -------- -- I ----- �� , i ——— ———— I I I I -- I I I I I � I 16w I I I I BUILDING EN4IELOPE I + I 6 I Bl1LQING EN1fEL0PE i BUILDING ENVELOPE I I , ICI I I ICI I I I I BUILDING ENVELOPE f 252� I I i j I I � I � —J s RR I'IR.R PIRR %RR +R PIR♦ b + 41Ft PIRf; Common Drive Exhibit- Driveway B 00` F; Hori orrhI Scale:1'=20' 119192 r Da d haslum:'1.11 M] Page 9 Page 180 Item#7. r f r r BUILDING ENVELOPE f f f BUILDING ENVELOPE 1 1 BWLDING ENVELOPE + w L w + + f f 1 11f! 1 w � ww + y ' w W L+ W + r w w!f w + + + � w ~' w FENCING REFER TO Driveway � � LIWd50APESHEETS. �+ w s w w w w w + � + r f r w �W • q w t - I I 2d'SMACK 0 + I 1 SAL w I?TVPJCAL w + r BUILDING ENVELOPE + 2525 + e 0 X. M Y ; Common Urine Exhibit- Driveway C HorQorrbl Scale:V=20' rinjcallo,1191w Page 10 Page 181 Item#7. VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. # 2019-005925)and preliminary plat(H-2020-0025)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat by December 22,2022,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 final plat prepared by the Land Group, LLP, stamped by James R. Washburn, dated: 11/3/2020, included in Section VI shall be revised as follows: a. Add Lot 10,Block 3 to Note 7. b. Note#8 shall be revised to be owned and maintained by the Chukar Ridge homeowner's association. c. Note#12, 14 and 15,insert instrument numbers. 4. No more than 30 homes shall be constructed unless one of the following is completed: i. Construct roadway crossing of the McFadden Drain to connect to Gander South. ii. Option B: Construct connection south to Ustick Road. iii. Option C: Fire Sprinkle all structures in excess of 30 units(unit 31 through unit 63). 5. Prior to the City Engineer signature on the final plat,the landscape plan,prepared by the Land Group, dated 11/03/2020, included in Section VI shall be revised as follows: a. 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. b. Revise fencing along all common lots and pathways to be open vision or less than 4' in height as required by UDC 11-3A-7. This includes the east boundary of Lot 1,Block 2, the south boundary of Lot 10, Block 3,the east boundary of Lots 23-36,the western boundary of Lot 37,Block 2 and south boundary of Lot 36,Block 2. c. Provide fencing along the southern perimeter of the development. d. Indicate how the McFadden Lateral will be landscaped as allowed by the irrigation district, or provide a documentation from the district that landscaping is not permitted. 6. At least 5' feet of landscaping shall be provided along each side of pathways, as required by UDC 11-313-12. 7. Height of 12' sound wall and berm combination for noise abatement parallel to the state highway shall be measured from the elevation at the centerline of the state highway. 8. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. Page I I Page 182 Item#7. 9. Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-3B-12C. 10. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 11. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 12. 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. 13. 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. 14. The existing sewer easement shown on Lots 23 and 24,Block 2 shall be vacated prior to signature on the final plat. 13. Applicant shall comply with the submitted elevations approved with the preliminary plat. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. The geotechnical investigative report prepared by GEOTEK, Inc., dated February 11, 2020, indicate 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. 2. The street light plan submitted with the construction plans for the interior of the subdivision appear to meet city requirements, however two Type-1 streetlights are required on N. McDermott Road. 3. Adjust sanitary sewer manhole SSMH-04 slightly south so it is completely outside of gutter. 4. The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid prior to city signatures on the first final plat. 5. The applicant shall be required to pay required to pay the Oaks Lift Station Pump Upgrades Reimbursement fees in the amount of$185.43 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid prior to city signatures on the first final plat. 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 Page 12 Page 183 Item#7. 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 11-313-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 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. Page 13 Page 184 Item#7. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 14 Page 185 Item#7. From: Kristen McNeill To: Joe Bonpiorno;Bill Parsons Cc: Alan Tiefenbach;Matthew Adams;Jason Densmer Subject: RE:Questions for Chukar Ridge Final Plat Date: Tuesday,November 24,2020 1:52:57 PM Attachments: fhwa-perm-paver-tech-brief.odf ACHD BMP 34-Permeable Paver Roadway.pdf External Sender-Please use caution with links or attachments. Good afternoon Joe, Thanks for the email. See below and let me know if this answers all of your questions or if you need any additional information. Happy Thanksgiving. Best regards, Kristen To tag on to Bill's response to the questions below,this was outlined in Council approval of the preliminary plat. Specifically,per Section V1.C.4a of the Staff Report dated 7/21/2020: "No more than 30 homes shall be constructed unless one of the following is completed: Option A:Construct roadway crossing of the McFadden Drain to connect to Gander Creek South. Option 8:Construct connection south to Ustick Road Option C.Fire Sprinkle all structures in excess of 30 units(unit 31 through unit 63)" Pavers: A copy of the Basalite Tech Brief is attached for reference. Considering the coefficients in the tech data for the product,the engineers designed base and subbase sections to meet necessary loading and ultimately,used the ACHD BMP requirement in this design. The proposed street section is a standard ACHD detail and construction method approved for public streets(and therefore can handle fire trucks).Attached is a copy of the BMP#34 detail that this section comes from. Radius Corner: Regarding the 8.5'radius corner:That was changed to 20'radius and should be updated in the drawing sets submitted. Did you find that on a previously submitted set or is there a discrepancy in the drawings we submitted? I looked but didn't find the detail you showed in your email.Here is a snapshot of the current detail: /111 _- f �� 4 I �e � 1 3 w , r { v Roadway Plan&Pr4fiie-W.5 ri gel$greet .— planning project coordinator Page 187 Item#7. kristen mcneill THE LAND GROUP I thelandgroupinc.com I o.208.939.4041 From:Joe Bongiorno<jbongiorno@meridiancity.org> Sent:Tuesday,November 24,2020 11:05 AM To:Bill Parsons<bparsons@meridiancity.org> Cc:Kristen McNeill<kmcneill@thelandgroupinc.com>;Alan Tiefenbach<atiefenbach@meridiancity.org> Subject:Re:Questions for Chukar Ridge Final Plat Thank you Bill! Joe Bongiorno,CFEI Deputy Chief-Fire Marshal Meridian Fire 33 E.Broadway Ave..Ste,210,Meridian,ID 83642 (Direct) 208-489-0458(Cell) 208-936-9554 of On Nov 24,2020,at 9:39 AM,Bill Parsons<baarsons(@meridiancity.org>wrote: Good Morning Joe, See my response below. Happy Thanksgiving, Bill Parsons,AICP I Planning Supervisor City of Meridian I Community Development Dept. 33 E.Broadway Ave.,Ste.102,Meridian,Idaho 83642 Phone:208-884-5533 1 Fax:208-489-0571 <image001.aif> Built for Business,Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request unless exempt from disclosure by law. From:Joe Bongiorno Sent:Monday,November 23,2020 9:36 PM To:kmcneill(@thelandgroupinc.com Cc:Alan Tiefenbach<atiefenbach(o)meridiancity.org>;Bill Parsons<boarsons(@meridiancity.org> Subject:Re:Questions for Chukar Ridge Final Plat Also few other thoughts. Bill when will the connection to Gander Creek get built?I don't see it on the plans. When the property to the south develops?When this property hits 30 homes?When highway 16 gets built?The Gander Creek South connection was approved to built with the next phase which has been reviewed and approved by the City.If this access isn't constructed,the City will have to monitor the number of building permits and required anything over 30 homes to be sprinklered per the conditions of approval.We did give the applicant flexibility in how they were to meet MFD concerns: Option A:Construct roadway crossing over the McFadden Drain to connect to Gander South. Page 188 Item#7. Option B:Construct connection south to Ustick Road. Option C:Fire Sprinkle all structures in excess of 30 units(unit 31 through unit 63). 1 know we talked about it as this project will lose its secondary access when highway 16 goes in. How do we ensure proper access and/or verify all houses will be sprinkled if they cannot provide adequate access?I know we already told the developer to the south everything gets sprinkled unless they provide another access. Just making sure all the bases are covered. Joe Bongiorno,CFEI Deputy Chief-Fire Marshal Meridian Fire 33 E.Broadway Ave. Ste.210 Meridian ID 83642 (Direct)208-489-0458(Cell)208-936-9554 On Nov 23,2020,at 7:48 PM,Joe Bongiorno wrote: 1. Can you send me the specifications for the Basalite pavers with the load capacity?It needs to be able to hold 80,000 pounds. 2. Can you overlay a 28'/48'turning radius on this corner?Just want to make sure we can make it with an 8.5'radius corner: <image006.jpg> Joe Bongiorno CFI,CFEI Deputy Chief—Fire Marshal Meridian Fire 33 E.Broadway Ave.,Ste.210,Meridian,ID 83642 (Direct)208-489-0458(Cell)208-936-9554 <image003.png> <image001.gif> <image005.png> Dedication-Loyalty-Tradition All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request unless exempt from disclosure by low. Page 189 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for 2810 E. Franklin Rd. (H-2020-0097) by KM Engineering, Located at 2810 E. Franklin Rd. Page 190 Item#8. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the Matter of the Request for Annexation of 1.01 Acres of Land with a C-G Zoning District,by KM Engineering. Case No(s). H-2020-0097 For the City Council Hearing Date of: December 22,2020 (Findings on January 5,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 22,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 22, 2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 22, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 22,2020, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 22,2020, incorporated by reference. The conditions are concluded to FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR 2810 E.FRANKLIN RD.—AZ H-2020-0097 - I - Page 191 Item#8. be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of December 22,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement.Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of December 22,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR 2810 E.FRANKLIN RD.—AZ H-2020-0097 -2- Page 192 Item#8. By action of the City Council at its regular meeting held on the 5th day of January 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: 1-5-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR 2810 E.FRANKLIN RD.—AZ H-2020-0097 -3- Page 193 EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING December 22,2020 Legend DATE: ff ' TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 4 SUBJECT: H-2020-0097 2810 E. Franklin Rd.—AZ ` LOCATION: 2810 E. Franklin Rd.,in the SE 1/4 of rFH Section 8,Township 3N.,Range 1 E. (Parcel#S 1108449000) -- ---- r � r I. PROJECT DESCRIPTION The Applicant requests annexation of 1.01 acres of land with a C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.92 of an acre(1.01 including adjacent right-of-way to the centerline of E.Franklin Rd.) Future Land Use Designation Commercial Existing Land Use Single-family residential Proposed Land Uses Flex space Current Zoning RUT in Ada County Proposed Zoning Commercial(General Retail and Service Commercial) Waterways The Snider Lateral crosses the northern portion of this site. Neighborhood meeting date;#of September 2,2020;3 attendees attendees: History(previous approvals) None Pagel Page 194 Item#8. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State One(1)existing access via E.Franklin Rd.,an arterial street Hwy/Local)(Existing and Proposed) and entryway corridor,proposed to remain Fire Service No comments were submitted. Police Service No comments were submitted. Wastewater Distance to Sewer Services Directly adjacent in Franklin Rd. Sewer Shed Five Mile Trunk Estimated Project Sewer ERU's See application WRRF Declining Balance 13.98 Project Consistent with WW Yes Master Plan/Facility Plan Impacts/Concerns No comment Water Distance to Water Services Directly adjacent in Franklin Rd. Pressure Zone 3 Estimated Project Water ERU's See application Water Quality None Project Consistent with Water Yes Master Plan Impacts/Concerns No comment C. Project Maps Future Land Use Map Aerial Map f� I end � f Legend Project Laca�ian Projec= Lflca It ■ i _� �_ ;T— �Idntlal om .i Page 2 Page 195 Item#8. Zoning Map Planned Development Map (fLegend 0 (fLegend I0Project Lflcaiian IetPrajecfi Lflca n »r� + 1 City Lim& — Plonr-ed Pflrcels I I { I I I I 1 III______IILJJJ I I I I I 1 I 1 1 L-Co -- ---- R.-4 RU r PC V - ----- III. APPLICANT INFORMATION A. Applicant: Stephanie Leonard,KM Engineering—9233 W. State St., Boise, ID 83714 B. Owner: Daniel Eisenring— 194 W. Broderick Dr.,Meridian, ID 83646 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 10/30/2020 12/4/2020 Radius notification mailed to property owners within 300 feet 10/30/2020 12/1/2020 Public hearing notice sign posted 11/5/2020 12/3/2020 on site Nextdoor posting 10/30/2020 12/2/2020 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Commercial on the Future Land Use Map (FLUM)in the Comprehensive Plan. The Commercial designation provides for a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services,and office uses, as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in Page 3 Page 196 Item#8. some cases but should be careful to promote a high quality of life through thoughtful site design, connectivity and amenities. The Applicant proposes to redevelop this site for a flex space use that will consist of office and warehouse space for an automotive tool and equipment supplier. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage infill development."(3.03.01E) The Comprehensive Plan defines infill as "development on vacant parcels, or redevelopment of existing parcels to a higher and better use that is surrounded by developed property within the City of Meridian."The subject property abuts City annexed land to the north, east and south and is proposed to redevelop with a commercial use. • "Focus development and redevelopment intensity on key transportation corridors." (3.07.02C) The subject property and proposed flex space use is located adjacent to E. Franklin Rd., a key transportation corridor and entryway corridor into the City. Redevelopment of this property to a commercial use is an appropriate intensity in this location along a major transportation corridor. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The property to the north is zoned industrial(I-L); the property to the northwest is developed with a landscape supply business and the property directly to the north is undeveloped. The property to the east is vacant/undeveloped land zoned C-G. The office proposed in the existing building adjacent to Franklin Rd. and the warehouse proposed in the rear building facing industrial zoned land should be compatible with existing and future abutting industrial and commercial uses. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C) A 35 foot wide landscaped street buffer will be required with development along E. Franklin Rd., an arterial street and entryway corridor, landscaped per the standards listed in UDC 11-3B-7C. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available in E. Franklin Rd. and can be extended by the developer with development in accord with UDC 11-3A-21. • "Require appropriate building design, and landscaping elements to buffer, screen,beautify, and integrate commercial,multifamily, and parking lots into existing neighborhoods."(5.01.02D) Street buffer and parking lot landscaping will be required with development in accord with the standards listed in UDC 11-3B-7C and 11-3B-8C, respectively. The design of the new structure is required to be consistent with the standards listed in the Architectural Standards Manual. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity."(6.01.02B) The Applicant will be required to grant cross-access easements to adjacent properties to the east and west with development in accord with UDC 11-3A-3A.2, unless otherwise waived by Council. The Applicant is requesting a waiver from City Council to not provide cross-access easements to Page 4 Page 197 Item#8. adjacent properties due to the topography of the site combined with the space available for development with retention of the existing structure. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided." (3.03.03) The proposed annexation and flex space use of the property conforms to the City's vision and City water and sewer services are available to be extended to the property. Fire and police service are already provided in this area. VI. STAFF ANALYSIS A. ANNEXATION&ZONING The area proposed to be annexed consists of 1.01 acres of land and includes land to the section line of E. Franklin Rd. The property is currently zoned RUT and located in Ada County. The Applicant proposes to annex the property into the City with a C-G zoning district consistent with the associated FLUM designation of Commercial.A conceptual development plan is proposed as shown in Section VIII.B. The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary.A legal description and exhibit map for the annexation area is included in Section VIII.A. The topography of this site slopes down significantly from Franklin Rd. to the north property boundary and has approximately a 20 foot grade difference as shown on the grading plan in Section VIII.B. A retaining wall is depicted on the concept plan at the north and west boundaries of the area proposed to be improved with this project. There is an existing residential home on the property that the Applicant proposes to remodel and expand for a flex space use. The concept plan depicts 2,239 square feet(s.f.) of office on the first floor and 1,550 s.f. of office and support uses in the basement of the existing structure, and a new 2,600 s.f. structure for a warehouse.The new structure is proposed to the north behind the existing structure and will include a daylight basement. The user will be an automotive tool and equipment supplier, classified as a flex space use. The business proposes to sell products online to automotive businesses and at-home mechanics and will not conduct any retail sales on the site. Flex space is listed in UDC Table 11-213-2 as a principal permitted use in the C-G zoning district subject to the specific use standards listed in UDC 11-4-3-18: Flex Space,as follows: A. Office and/or retail showroom areas shall comprise a minimum of thirty percent(30%) of the structure and/or tenant space. The proposed office/support use comprises approximately 60%of the structure in accord with this standard; retail sale of products to the public is not proposed. B. Light industry and warehousing shall not comprise more than seventy percent(70%)of the tenant space.At approximately 4001o, the proposed warehouse area complies with this standard. C. In the C-C, C-G and M-E Districts,roll-up doors shall not be visible from a public street. One roll-up door is proposed at the rear of the structure, which isn't visible from E. Franklin Rd. D. Except in the I-L and I-H Districts,loading docks are prohibited.No loading docks are proposed; because this property is proposed to be zoned C-G, loading docks are prohibited. E. Retail use shall not exceed twenty five percent(25%)of leasable area in any tenant space. No retail sales are proposed. The proposed use and site design complies with the above listed standards. Compliance with the dimensional standards for the C-G zoning district listed in UDC Table 11-213-3 is also required. The existing and proposed structures comply with the minimum setback requirements of the district. A 35' Page 5 Page 198 Item#8. wide street buffer is required with development along Franklin Rd., an entryway corridor, landscaped per the standards listed in UDC 11-3B-7C. The existing driveway access via Franklin Rd. is proposed to remain for access to the site and has been approved by ACHD. Because it closely aligns with a driveway on the south side of Franklin Rd., relocation of the driveway is not recommended. The UDC (11-3A-3A.2)requires cross-access/ingress- egress easements to be granted to adjoining properties where access to a local street is not available, unless otherwise waived by City Council. In accord with this standard,because access isn't available via a local street, Staff recommends cross-access easements are provided and driveways constructed to the properties to the east and west. A 20-foot wide cross-access easement is depicted on the concept plan to the east and west but the Applicant requests Council approval of a waiver to this requirement to not provide cross-access easements due to the topography of the site and site constraints related to the space available for development.At a minimum, Staff recommends Council require cross- access to the west.Note:Staff contacted Ada County to see if a cross-access easement was provided to the subject property with re-development of the adjacent property to the west but has yet to receive an answer. Update:Ada County replied back that a cross-access easement wasn't provided to the subiect property with redevelopment of the site in 2002 (File#02-33-MSP). A minimum of one(1) off-street vehicle parking space is required to be provided for every 500 square feet of gross floor area; and one(1)bicycle parking space is required for every 25 proposed vehicle spaces or portion thereof. Based on 6,389 square feet, a minimum of 12 vehicle spaces and one(1) bicycle space is required. A total of 13 spaces are depicted on the conceptual site plan,including an ADA space,which is one more than required. However, if cross-access driveways are provided to adjacent properties as required by the UDC, it will reduce the parking by up to(3)spaces,which will result in parking below the required minimum standard. If a waiver is not approved by Council to the requirement for cross-access to be provided to adjacent properties to the east and west,the Applicant may apply for alternative compliance to UDC 11-3C-6B.1; or,construct a smaller addition to reduce the parking requirement. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11- 3B-8C,which requires a minimum 5-foot wide perimeter landscape buffer adjacent to parking, loading or other paved vehicular use areas,landscaped per the standards listed in UDC 11-3B- 8C.1b.A retaining wall and fence is proposed along the west boundary adjacent to the parallel parking spaces where the buffer is required,which doesn't leave adequare area for landscaping.If the site cannot be reconfigured to comply with this standard, alternative compliance may be requested with the Certificate of Zoning Compliance application. The Snyder Lateral exists in a 40-foot wide easement on the northern portion of the property that is not proposed to be improved. All irrigation laterals are required to be piped unless improved as a water amenity or linear open space as defined in UDC 11-1A-1 as set forth in UDC 11-3A-6B. The City Council may waive this requirement if it finds the public purpose requiring such will not be served and public safety can be preserved per UDC 11-3A-6B.3a. The Applicant proposes to fence off the area where the lateral is located to preserve public safety and requests a Council waiver to this requirement. Because a large portion of this site on the north end is not proposed to be improved, Staff recommends weeds are regularly maintained in this area so as not to create a nuisance and in a manner that prevents wildfire in accord with MCC 4-2. Conceptual building elevations with materials were submitted as shown in Section VIII.0 of the remodel of the existing structure and proposed addition. The materials for the front fagade and sides of the existing building consist of stucco with pre-finished metal siding and stone veneer accents; the materials for the proposed warehouse addition consist of a mix of horizontal and vertical metal siding. All improvements to the existing structure and new construction are required to comply with the Page 6 Page 199 Item#8. design standards listed in the Architectural Standards Manual. A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division and approved prior to submittal of a building permit application. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed with this application and as recommended by Staff in accord with UDC standards,Staff recommends a DA is required as a provision of annexation(see provision in Section IX,A). VII. DECISION A. Staff: Staff recommends approval of the proposed Annexation&Zoning with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard this item on November 19,2020. At the public hearing,the Commission moved to recommend approval of the subject AZ request. 1. Summary of Commission public hearing_ a. In favor: Stephanie Leonard,KM Engineering Applicant's Representative) b. In opposition:None C. Commenting. None d. Written testimony: Stephanie Leonard,KM Engineering(Applicant's Representative) e. Staff presenting gpplication: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. None 3. Ke, ids)of discussion by Commission: a. If favor of the proposed improvements to the existing structure and use; b. Adequacy of the proposed parking in relation to the square footage of office use proposed; C. Possibility of relocating the storm drainage area to allow for more parkin to o be provided. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. The Applicant requests Council waivers to the UDC requirements for cross- access/in regress easements to be granted to the adjacent properties to the east& west; and for the Snyder Lateral on the northern portion of the site to be piped. C. The Meridian Citv Council heard this item on December 22,2020. At the public hearing.the Council moved to approve the subject AZ request. 1. Summary of the City Council public hearing: a. In favor: Stephanie Leonard,KM Engineering(Applicant's Representative) b. In opposition:None C. Commenting:None d. Written testimony: Stephanie Leonard,KM Engineering(Applicant's Representative) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: Page 7 Page 200 Item#8. a. The Applicant's request for a waiver to the requirement for cross-access easements to be provided to the"&cent properties to the east and west—discussion of various options: b. The Applicant's request for a waiver to the requirement to pipe the Snyder Lateral. 4. City Council change(s)to Commission recommendation. a. The City Council voted to approve the Applicant's request for a waiver to not be required to pipe the Snyder Lateral: and. b. The City Council voted to require a cross-access ingress/egress easement and driveway to be provided only to the property to the west(not to the eastl. Page 8 Page 201 Item#8. VIII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map 9233 WEST STATE STREET I 801SE,I0 93714 1 208.63g.6939 I FAX 208.639,6934 September 22,2020 Project No.20-113 LKbi bit AF Legal Description for AnnexatTon and Rezone to GG A parcel of land situated in a portion of the Southeast 1/4 of Section 8,Tovtnship 3 North,Range 1 Eas#, B.M.,Ada County, Idaho and being mare particuiarty described as follows: Commencing at a faund brass cap marking the Southeast-corner of said Section 8,whlch bears N89"54'35"W a distance of 2,571.03 f-Let from a fau nd brass rap marking t he South 114 corner of said Section 8; Thence following the southerly I I ne of sald Southeast 1/4,N89'54'35'W a distance of 1,171.19 feet to the POINT OF BEGINNING. Thence Faltowing said southerly line,N89'54'35"W a distance of 152.04 feet; Thence leaving said southerly Ilne,N0712'38"E a distance of 290.38 feet to a found 1/2-inch rebaron the boundary line 4f Olson:and Oush Subdlvlslon No_3(Book 107,Pages 14,905—14,907 of Plats), Thence following said subdivision boundary line the foRowing two(2)courses= 2. 589'S8'25"E a distance of 249.84 feet to a found 5/8-inch rebar; 2. 500'13'25'E a distance of 29CL54 feet to the POWT OF BEGINNING. $aid parcel contains 1.006 acres,more or less,and is subject to all existing easements and/or rlghts-Cf- way of record or implied. All subdivisiorrs deeds,records of surveys,and other instruments of mcord referenced herein are re€arded domments oftbe county in whichthese described lands are 9ltwted In. Attached heretp is Fxhfik 9 and by the reference is hereby made a part of. L LAIV 0 662 K E, i ENGINEERS SURVEYORS I PLANNERS Page 9 Page 202 Item#8. Olson and Gush 5ubdivi55on ND_3 Lit 8 Lot 8 LAND Eok io Ns 0 — [I m �y N RHOM Arta: 1.006+-AC Unglaixed APN;K106949000 *1 Lot 11 S1109433545 10 Curr*nt Zoning=FLUT -Prnpasedlor11r1g �,G IN tJ jRy O O p IV) M�R+� �R/Y'— IVti1' RN+— a114 Er� 0 $ PC4NT OF BEGINNING 1171.49' 8 9 12�7.BQ' 17 -- N89'54'35"W ?S2,04' — 17Z 3.6 -- ----- WW9 4'35W 2571.M'--- W------- , S 1/4 CORNER SrC'PON 5 BASIS Or OEAKING POINT OF COMMEM ENT FOUND BRASS CAP E. Franklin Rd. 5E CORNER 5EGT10N S PER CP&F INST. No. 104161$S4 LEGEND FOUND BRASS CAP "PtS 5291 12-04" D 50 100 150 41 FOUND BRASS CAF 5/S—INCH RERAR Plan Scale:Xp=50` cl 1/2—INCH REBAR 86 CALCULATED POINT REZONE SOMDARY —F-x1s71NiG RIOK—OF—WAY — — —SECMJq LINE E #1 {'a I M E E R I G 9233 UlEST STATE SIiIEET — ADJACENT BOUNDARY LANE 0015E,IDAHO93714 PHONE 12DO5MZ3aa EXHIBIT B Io.reniMP.mm DATE: 9v2.3I2a AHNEXATIOIN ANt) REZONE TO C-G PMEM SHEEP A PORTION OF THE 51/2 OF THE SE 1/4 OF 1 OF 1 SECTION 9, 7-IN, RIE, ADA COUNTY, IDAHO Page 10 Page 203 Item#8. B. Conceptual Development Plan&Grading Exhibit(dated: November 5,2020) _t N 1 l ----- ------ ---- � I ` r .a.n 4I 1 aIL JI, ❑ z �d� I w¢ ❑ - ------ -- a w ¢ q a_ I yp LL� E.FRANKUN RD s km 1 DF1 Page 11 Page 204 Item#8. N Ad 4ww--------- • .� -- r o .y �^ '14 _' if� E E ITI - - ET f E E - n❑ 1 wo T3 - E.FRAN KLIN RD Ilk 20F5 Page 12 Page 205 Item#8. C. Conceptual Building Elevations(dated: September 10,2020) ruAeenarGli�ecis a k. %OFFICE 6im�� WAREHOUSE G 1 IXIEtLOR Fn Fi c m- FLEX SPACE �„� MIMING a e Al A3.01 rmee�2na� x ..—ICE& - wauEHousE EK SPACE G1 ,a ...... MIMIW i - m u® -Ala R°R�°�_�^ A3.02 Page 13 Page 206 Item#8. IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual development plan included in Section VIII.B, applicable standards in the Unified Development Code, and the provisions contained herein. b. A Ecross-access/ingress-egress easements shall be granted to the adjoining propertiesy to the east an west with development as set forth in UDC 11-3A-3A.2,unless other-wise waived by Eit-y Co—1. The Pdriveways shall be constructed within the easements to the property boundary to facilitate future cross-access between properties. A Rrecorded copiesy of the easements shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. ri a�b&teral ti,o ,•�i, t4 � ft o b t ft , i,.,ii b ,a e. The ,long on �civfc8rpiv"pe��ar�unv'c�iipccc-vt GityCettneih e Council approved a waiver to UDC I1-3A-6B to allow the Snyder Lateral to remain open and not be piped. d. The unimproved portion of the site shall be regularly maintained in a manner that prevents weeds from being a nuisance and prevents wildfire in accord with MCC 4-2. e. All development shall comply with the structure and site design standards listed in UDC 11-3A- 19 and the design standards listed in the Architectural Standards Manual. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Sanitary sewer and water service lines currently exist to this address. C. FIRE DEPARTMENT No comments were received. D. POLICE DEPARTMENT No comments were received. E. PARK'S DEPARTMENT No comments were received. F. ADA COUNTY DEVELOPMENT https://weblink.meridianci ty.org/WebLink/Browse.aspx?id=214 62 8&db id=0&repo=Meridian City Page 14 Page 207 Item#8. G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.orglWebLink/Doc View.aWx?id=216415&dbid=0&repo=Meridian City X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's proposal to annex the subject 1.01 acre property with a C-G zoning district for the development of a flex space use is consistent with the associated Commercial FL UM designation for this property. (See Section V above for more information) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment and subsequent development will comply with the regulations of the C-G zoning district and will provide for the service needs of the community in accord with the purpose statement of the Commercial districts. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds the proposed map amendment will not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed map amendment will not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City, including the school district. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. Page 15 Page 208 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Oakwind Estates Subdivision (H- 2020-0093) by Engineering Solutions, Located at 5685 N. Black Cat Rd. Page 209 Item#9. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN� AND DECISION& ORDER In the Matter of the Request for Development Agreement Modification(Instrument#114030972) and to allow Preliminary Plat consisting of 94 single family lots,92 townhouse lots and 26 common lots on 24.54 acres in the R-15 zone,by Engineering Solutions LLP. Case No(s). H-2020-0093 For the City Council Hearing Date of: December 22,2020 (Findings on January 5,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 22,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 22,2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 22, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 22,2020,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(OAKWIND ESTATES SUBDIVISION—FILE#H-2020-0093) - 1 - Page 210 Item#9. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 22,2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Preliminary Plat and Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 22, 2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with I I-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(OAKWIND ESTATES SUBDIVISION—FILE#H-2020-0093) -2- Page 211 Item#9. 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 December 22,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(OAKWIND ESTATES SUBDIVISION—FILE#H-2020-0093) -3- Page 212 Item#9. By action of the City Council at its regular meeting held on the 5th day of Janaury 92021 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: 1-5-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(OAKWIND ESTATES SUBDIVISION—FILE#H-2020-0093) -4- Page 213 ►tem#9. EX H I BIT A STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 12/22/2020 Legend DATE: ------ ��Praject Loco=or TO: Mayor&City Council _ FROM: Alan Tiefenbach 208-489-0573 SUBJECT: H-2020-0093 ----------� Oakwind Estates Subdivision—PP and MDA ---- LOCATION: Northeast Corner of N. McDermott Road ; and W. McMillan Road I. PROJECT DESCRIPTION Preliminary Plat(PP)proposal consisting of 94 single family lots, 92 townhouse lots, 3 common driveways and 26 common lots on 24.54 acres in the R-15 zone. A concurrent development agreement modification(Instrument#114030972)is submitted to change the development plan from multifamily and self-storage uses to the single family and townhome uses being proposed with the subject project.NOTE: The Oaks development agreement governs a larger area that what is being proposed with this development application. Therefore,the subject modification will exclude the subject property from the boundary of the overall DA, so the applicant can enter into a new DA with provisions that are relevant to the proposed development. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 24.54 Future Land Use Designation Medium Density Residential Existing Land Use(s) Vacant Proposed Land Use(s) Single Family Residential Lots(#and type;bldg./common) 94 single family lots,92 townhouse lots,3 common driveways and 26 common lots Phasing Plan(#of phases) Two Phases Number of Residential Units(type 186—94 SFR detached and 92 townhomes of units) Density(gross&net) 7.58 du/acre gross, 10.13 du/acre net Open Space(acres,total 4.97 acres total,4.16 acres(16.95%)qualified open space. [%]/buffer/qualified) Pagel Page 214 Item#9. Description Details Page Amenities Pathways,central lawn,playground,fire pit,outdoor kitchen and shelter,additional qualified open space> 20,000 sq. ft. Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of Oct 10,2019,2 attendees attendees: History(previous approvals) Oakcreek AZ 08-004,Oaks North-RZ-13-015,PP-13- 0014,MDA-13-015&DA Instrument#114030974; and Oakwind H-2018-0119.The previous Oakwind development is not moving forward because the applicant failed to execute the amended development agreement. The new proposal is intended to supersede the previous approval. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission Yes Action(yes/no) Access(Arterial/Collectors/State 2 local streets,Cherrybrook Drive and Daphne Street,will Hwy/Local)(Existing and Proposed) connect to N. Trident Way,which connects to W. McMillan Rd(arterial). Traffic Level of Service D Existing Road Network No existing internal roads. Existing Arterial Sidewalks/ McDermott Road—Undeveloped(no sidewalks or buffers) Buffers McMillan Road—Undeveloped(no sidewalks or buffers) Proposed Road Improvements Applicant required to construct all internal roads. 10'wide walkway and installation of curb and gutter along N.McDermott and W.McMillan. Distance to nearest City Park(+ +/-2 '/2 miles, Seasons Park,Keith Bird Legacy Park size) Fire Service • Distance to Fire Station 3.5 miles • Fire Response Time >5 minutes • Resource Reliability 86% • Risk Identification 1 • Accessibility Roadway access,radio coverage • Special/resource needs No aerial device necessary • Water Supply 1,000 gpm • Other Resources None needed Police Service • Distance to Police Station 8 miles • Police Response Time >5 minutes • Calls for Service 102 within one mile • %of calls for service split by 47%P2,53%P3 priority • Accessibility Satisfactory. • Specialty/resource needs None necessary. • Crimes 14 • Crashes 3 Page 2 Page 215 Item#9. Description I Details Page • Other Reports 85 West Ada School District • Impacted Schools Pleasant View ES- 1.8 Miles Star MS—7.2 Miles Meridian HS—5.5 Miles • Capacity of Schools Pleasant View ES-650 Star MS— 1000 Meridian HS—2075 • #of Students Enrolled Pleasant View ES-356 Star MS—701 Meridian HS—1975 • Estimated New Students Generated by Development Pleasant View ES-60 Star MS—30 Meridian HS—40 Wastewater • Distance to Sewer Services 0 • Sewer Shed N.McDermott Trunkshed • Estimated Project Sewer ERU's See application • WRRF Declining Balance 13.97 • Project Consistent with WW Master Plan/Facility Yes Plan Water • Distance to Water Services 0 • Pressure Zone 1 • Estimated Project Water ERU's See application • Water Quality No concerns • Project Consistent with Water Master Plan Yes • Impacts/Concerns *Water main should be removed from McDermott Rd. *Water main in Daphne St should be 12",the main shall extend west and stub at McDermott Rd *Alley with both water and sewer shall be 20' wide with 5' easements on either side to a total of 30'. *Each phase of the development will need to be modeled to verify minimum fire flow pressure is maintained. Page 3 Page 216 iillll -- �1 12 iIS�i�� }IIIII . 7i11Y.' I L . I� • II t: r� ��i ::JYI_.�'.��y&+�{'. } poll la ,• , � ,� Eee � ri ' �Y�Jirllri ri Nr�rrii �•iii'r ' �•LL 4. 1 �, - i � Ig;� 'I, itii I f l r I'M1 i i1i I l ;E iii ii4 i -_ FA• L—U—A y- =1 _�i _,;;;;;�,��„I�� -=- 'xlr5xs. �'=� '_•ii'}i'{.��—zu_.,Za�i�_L'-art C • Item#9. C. Representative: Becky McKay,Engineering Solutions LLP— 1029 N. Rosario St. Ste 100,Meridian ID 83642 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 10/16/2020 Radius notification mailed to properties within 300 feet 10/13/2020 Public hearing notice sign posted 10/27/20 on site Nextdoor posting 10/13/2020 V. STAFF ANALYSIS This proposal includes platting the subject property to allow 94 single family lots, 92 townhouse lots, 3 common driveways and 26 common lots on 24.54 acres previously conceptually approved to develop with multifamily and self-storage uses. This proposal includes amending the existing development agreement(Instrument#114030972)that only allows multifamily and self-storage on this property. This subdivision is proposed to develop in two(2)phases as shown on the preliminary plat. In 2008,the subject property received annexation approval(AZ-08-004)for a large master planned residential development(Oak Creek AZ 08-004 and PP-08-003). The original annexation included 318.74 acres, although at the time only 139 lots on 30.72 acres at the SW corner of McMillan Road and Black Cat Road were proposed for platting(including the subject property). This was because city services were only available to this area with the expansion of the Black Cat trunk. The annexation included development agreement instrument# 109009629(agreement later terminated and replaced with the agreement noted below). In 2013,the subject property was rezoned to the R-15 zone and was included as a portion of the Oaks North Subdivision. The Oaks North Plat included a lot for both the multifamily and self-storage uses. The lot that was to develop with multi-family was required to at a density range between 8-15 du/ acre and the self-storage was allowed on 7.83 acres on the southern portion of the property subject to further approvals per the recorded DA. In 2018,the 16.71 acre multifamily lot was proposed to be rezoned from R-15 to R-8 to develop eighty-two(82) single-family detached dwellings on lots ranging in size from 5,400 square feet to 8,600 square feet with an average lot size of 5,843 square feet(the Oakwind Subdivision H-2018- 0119). This proposal included yet another amendment to the existing development agreement to remove the multifamily uses. This proposal was recommended for approval by the January 17,2019 Planning Commission,but was withdrawn by the applicant in June of 2019 before proceeding to the City Council. Accordingly,the Oaks North Plat and DA#114030972 still govern this property. A. Development Agreement Modification(MDA) The Applicant proposes to revise the following sections of Development Agreement Instrument# 114030972: 5.1.4 "Development of the multi-family lots requires conditional use permit approval. The density range in these areas shall be 8 to 15 dwelling units to the acre." Page 5 Page 218 Item#9. Proposed for deletion. 5.1.9 "The proposed outdoor storage is an accessory use in the R-15 district for the benefit of the proposed residential developments and shall not operate as a stand-alone commercial business. Development of this lot shall not commence until the Owner/Developer obtains certificate of zoning compliance and design review approval of the storage facility." Proposed for deletion. 5.1.12 "The Owner/Developer shall provide a method for notifying home owners of the future multi-family developments proposed with the Oaks North and Oaks South developments as determined by the Planning Division Manager." Proposed revision would strike the reference to the Oaks North. B. Staff supports a modification to the development agreement.As described below, the result would still be a diversity in housing, with a significant amount of useable open space. However,since the development agreement applies to the entire Oaks North and South (of which this property is only a small part)staff believes it would be better to leave the existing development agreement as is and create a new development agreement for this property. Future Land Use Map Designation(https://www.meridiancity.or /g compplan) The site is designated MDR(Medium Density Residential),which allows smaller residential lots. Uses may include single-family homes at gross densities of 3 to 8 dwelling units or less per acre (du./acre). The applicant proposes to develop this 24.54-acre site with 94 single family lots and 92 townhouse lots at a gross density of 7.58 dwelling units per acre (d.u./acre) consistent with the MDR FL UM designation. C. Comprehensive Plan Policies (https://www.meridiancit�or /g compplan): (Staff analysis is in italics after the cited policy) • Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents. (2.01.02D) 94 single family homes are proposed on the northern portion of the development on lots between 3,000 square feet and 5,500 square feet, with the average lot size being 3,700 square feet. The southern portion is proposed to develop with 92 townhomes on lots between 2,100 square feet and 3,200 square feet, with the average townhouse lot being 2,481 square feet. With the Oaks North and South Subdivisions being comprised of 963 single family lots with lot sizes averaging 10,000 sq.ft. +/-) this proposal for smaller lot sizes and single family attached provides the "missing middle"housing encouraged by the Comprehensive Plan. • 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) As mentioned above, this proposal would allow for a more diverse type of housing. • With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities"(2.02.01A). This new subdivision provides a 10'wide pathway along W. McDermott Rd. and a 10'wide pathway along W. McMillan Rd.A 5'wide pathway bisects the proposed development north Page 6 Page 219 Item#9. —south and links to a 10'wide pathway connecting the future Gem Innovation School to the Oaks North development. The townhouses are organized along mews with pathways and open space dividing the townhouse rows into groups of 5 and 7 units. The proposed plat depicts a total of 4.16 acres (or 16.9501o) of qualified open space, much of which is usable, and amenities consisting of a central open grassy area, community playground,fire pit, outdoor kitchen and shelter. The development as proposed would result in a pedestrian friendly community that links to surrounding development and provide quality open space for the residents. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21.A regional sewer lift station and pressure sewer line were installed with the Oaks South Subdivision, extending east on McMillan Road and then south on Black Cat Road to the North Black Cat Lift Station. Oakwind Estates (this development) will connect to an existing 15-inch gravity sewer main line in N. Trident Way. An 8-inch sewer main line will be constructed and will be stubbed through a common lot to McDermott Road for future service to the west. The applicant will be required to extend the 12-inch water main located at the intersection of McMillan and McDermott Roads north along the development's McDermott frontage. This development cannot be served by Meridian Fire within the 5-minute response time but does meet the resource reliability goal of greater than 80%. Extended response times put the residents and first responders at a higher risk. More than one point of access is available to this property as N. Trident Way and W. Milano Dr. (which provides access to W. McMillan via N. Rustic Oak Way) have already been constructed and stubbed to the subject property as part of the Oaks North No. 1. Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities. (3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with development as proposed. "Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity"(6.01.02B). The proposed street network stubs two streets to the east— W. Cherrybrook Dr. and W. Daphne St. -which connect to N. Trident Way. N. Trident Way terminates at W.McMillan Rd to the south and W. Milano Dr. in the Oaks North development to the north. This proposal would not provide direct access to an arterial nor would it increase the number of access points to nearby collectors or arterials. 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 density of 7.5 du/acre meets the Comprehensive Plan's recommendation of 3- 8 dwelling units per acre, and provides a diversity of housing anticipated by the Plan for this area. However, staff notes townhouse lots as small as 2,200 sq.ft. are directly across the Page 7 Page 220 Item#9. street from lots in the Oaks North No. I Subdivision which are between 8,000 square feet and 9,100 sf.ft. The applicant has noted Toll Southwest LLC(the owner) is also the developer of the Oaks North No. 1 to the east, and the subject property is part of this larger development. D. Existing Structures/Site Improvements: There are no existing structures presently on the property. E. Proposed Use Analysis: The applicant proposes single-family detached and townhome dwellings which are listed as a principal permitted use in the R-15 zoning district per UDC Table 11-2A-2. F. Dimensional Standards(UDC 11-2): The preliminary plat and future development is required to comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 district.All lots meet the minimum 2,000 sq. ft.requirements, and future structures should comply with the minimum setbacks of the district. UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the submitted plat for conformance with these regulations. The intent of this section of code is to ensure block lengths do not exceed 750 feet, although there is the allowance of an increase in block length to 1000 feet if a pedestrian connection is provided. Two pedestrian connections and a common open space area bisect the lots along N. McDermott Rd. in Block 1 with the longest block face being 628 feet. G. Access(UDC 11-3A-3, 11-3H-4): This development is estimated to generate 888 additional vehicle trips per day. ACHD previously reviewed this site as part of The Oaks Subdivision in December 2013 and as Oakwind Subdivision in February 2018. ACHD has noted their requirements will remain the same for this project, as the number of lots as proposed would likely be less dense than the 3 multifamily lots that were approved with the previous proposal. There are presently no local roadways within the site. This proposal includes 2local streets - Cherrybrook Drive and Daphne Street-that are proposed to stub to the site's east property line. This would connect to N. Trident Way(approved and constructed as part of the Oaks North), which would route traffic to W. McMillian Rd. The applicant also proposes to provide alley- loaded access to townhouses in Block 3 by constructing a 20-foot wide paved alley that runs east/west between Marysville Way and Palustris Way. The proposed new access points are consistent with Comprehensive Plan action item 6.01.0213 which restricts access points on arterial streets. W. McMillan Rd.to the south and McDermott Road to the west are improved with 2-travel lanes and no curb, gutter or sidewalk abutting the site. An interim signal is planned to be installed at the W. McMillan Rd/N. Black Cat Rd. intersection in the next two years. Future improvements to W. McMillian Rd include widening W. McMillan Rd to 3-lanes from McDermott Road to Black Cat Road and installing a roundabout at this intersection. Future plans for N. McDermott Rd. include widening to three lanes. At the request of ACHD,the applicant is required to dedicate right-of-way and improve both roads along the frontages. Improvements include a 10' wide walkway along both roads and installation of curb and gutter. Per ACHD, Marysville Street and Palustris Avenue are proposed to be greater than 750-feet in length and will need to be redesigned to reduce the length of the roadways or to include the use of passive design elements. Stop signs, speed humps/bumps and valley gutter are not accepted as Page 8 Page 221 Item#9. traffic calming. Prior to City Council,the applicant should be required to submit a revised preliminary plat showing the redesigned roadways and approved by ACHD. Finally,UDC 11-3H states residential development along McDermott Road from Chinden Blvd to I-84 is required to provide noise abatement by constructing a berm or a berm and wall combination a minimum of ten feet(10')higher than the elevation at the centerline approximately parallel to W. McDermott Rd. The landscape plan does not reflect this improvement. As a condition of approval, staff recommends the applicant submit a landscape plan which meets the requirements of UDC 11-3H-4D prior to City Council. H. Common Driveways(UDC 11-6C-3): The proposed preliminary plat shows three common driveways (Lots 17,47 and 73 Block 1). Lots 17 and 47 will each serve three single family residences, and Lot 73 will serve 4 single family attached units. The common driveways meet the minimum width of twenty feet(20'), and none of the driveways exceed the maximum allowed length of one hundred fifty feet(150'). A perpetual ingress/egress easement for the common driveway(s)is required to be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. 1. Parking(UDC 11-3C): Off-street parking is required to be provided for single-family attached and detached dwellings based on the number of bedrooms per unit(i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pad)in accord with the standards listed in UDC Table 11-3C-6. All elevations show at least two car garages, and the landscape plan shows parking pads of least 20' x 20'in front of the single family attached. The applicant has provided a parking exhibit for the single family attached portion of the project (southern portion). The parking plan provides a 33' local street section which allows for additional on-street parking. It is important to note this on-street parking does not count toward meeting minimum requirements.ACHD and Meridian Fire have both reviewed the plan and have not expressed concerns. J. Pathways ( UDC 11-3A-8): As mentioned in the Comprehensive Plan analysis above,this new subdivision provides a 10' pathway along W. McDermott Rd.,a 10' pathway along W. McMillan Rd. and 5' micro- pathways interspersed throughout the development. As required by UDC 11-3A-8, all micro- pathways are within lots of at least 15' in width and contain landscape strips of at least 5' in width with at least 100 tree per hundred linear feet as required by UDC 11-3B-12. K. Sidewalks(UDC 11-3A-17): Attached sidewalks are proposed throughout the development on both sides of all roads and meet the minimum widths of UDC 11-3A-17. L. Parkways (UDC 11-3A-17): No parkways are proposed with this development. M. Landscaping(UDC 11-3B): The proposed landscape plan meets the requirements of UDC 11-313. 15 species of trees are provided where at least 5 different species are required. All proposed trees meet the minimum Page 9 Page 222 Item#9. sizes as indicated in Table 11-3B-5-2. A 35' wide landscape buffer is proposed along N. McDermott Rd as is required for an entryway corridor,and a 35' wide buffer is shown along W. McMillan Rd. whereas 20' would be required. The minimum landscape buffer density of 1 tree per 35' linear feet is exceeded, and all pathways include the minimum 5' landscape strip on each side of the pathway. Several landscaped common open spaces are provided including a central park of approximately 1 acre. Finally, landscaped mews of at least 20' are provided along the front of each single family attached unit,all containing a pathway and trees. The proposed landscape plan contains a note which indicates no trees exist on site and therefore tree preservation or mitigation does not apply. N. Qualified Open Space (UDC 11-3G): The development proposes 4.16 acres(16.95%) of qualified open space. This includes several grassy areas larger than 50' x 100',pathways along all the landscape buffers,micro-pathways internal to the development and along mews fronting the single family attached, and a one-acre park central to the development. The development proposes quality open space which exceeds the requirements. O. Qualified Site Amenities (UDC 11-3G): The proposal includes a one-acre park with a playground, fire pit, outdoor kitchen and shelter. In addition,4.16 acres of qualified open space is proposed,which is 1.76 acres over the minimum requirement of 2.4 acres. (Additional qualified open space of at least twenty thousand(20,000) square feet is counted as an additional amenity.)The development exceeds the minimum requirements for qualified site amenities. P. Waterways(UDC 11-3A-6): No waterways bisect this development. Q. Fencing(UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. A 6-foot tall solid vinyl fence is proposed along N. McDermott Rd. and W. McMillan Rd., and 4' vinyl fencing is proposed along pathway connections, and common open areas as it allowed by UDC 11-3A-7-A. As mentioned in the section regarding access above,noise abatement by constructing a berm or a berm and wall combination a minimum of ten feet(10')is required along W. McDermott Rd. As a condition of approval, staff recommends the applicant submit a landscape plan which meets the requirements of UDC 11-3H-4D prior to City Council. R. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. S. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevation renderings were submitted for the future single family detached and townhomes within the development. Home styles for both types of home include the Bungalow,Farmhouse, and Craftsman. Materials include lap siding,pitched composite shingle roofs with gables, and vinyl windows. Several building types include exposed timber frame. Overall, staff believes the architecture and materials are high quality but does have concerns. One concern is the length of the first story roofs on the single-family homes. It is staff s opinion that these roofs should extend further over to the garage doors, or there should be another roof Page 10 Page 223 Item#9. element on the garage side of the house. Staff likewise has concerns with the porch roof elements that are over the doors on the townhouses and recommends these elements comprise a larger percentage of the townhouse fagade. Staff also has concerns with the length of the rooflines of several of the townhouse rows. As a condition of approval, staff recommends no single family attached roofline may exceed more than 50 (fifty)feet without providing variations in roof profile including but not limited at least two of the following: two or more visible roof planes; dormers, lookouts or,turrets. Townhouses will be required to be reviewed with a future design review process and will be required to meet the standards of the Architectural Standards Manual(ASM). Also,because the rear and/or sides of 2-story homes will be highly visible from the arterial streets (i.e.N. McDermott and W. McMillan Rd.), staff recommends articulation is incorporated through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop- outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from these roads. One story residences are exempt from this requirement. VI. DECISION A. Staff: The proposed plat includes less density than what was originally approved,but still contains a diverse housing stock in terms of lot sizes,house sizes,and both detached and attached housing product.ACHD reviewed the impacts of earlier projects in this location which included more density and determined roads are either adequate or will be upgraded to satisfactorily serve the project. Water and sewer can be extended to the subject property. Finally,the qualified open space and amenities as proposed exceed the minimum requirements; the amount of qualified open space is almost double what is required,is central to the development and there are numerous pathways integrated into and out of the plat. Staff recommends approval of the requested preliminary plat and creation of a new development agreement for this property with the conditions noted in Section VII. per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on November 5,2020.At the public hearing,the Commission moved to recommend approval of the subject preliminM plat and development agreement modification request. 1. Summary of the Commission public hearing a. In favor: Becky McKay,Engineering Solutions LLP b. In opposition:None c. Commenting: Becky McKay,Engineering Solutions LLP d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) public testimony Page 11 Page 224 Item#9. a. None 3. Key issue(s)of discussion by Commission: a. Inquired how much surroundingdevelopment evelopment had been built out. b. Discussion regardinglimiting miting shared drives to no more than 3 units. C. Expressed concerns regarding additional parking in the townhouse portion. d. Preferred additional open space for the townhouse portion. 4. Commission change(s)to Staff recommendations(A new plat, amenity exhibit, landscape plan and elevations have been updated with the staff report to reflect the changes required by the Commission and ACHD.The applicant has not provided additional open space or parking): a. Recommended DA be modified to include a limitation to no more than 3 units on a common drive. b. Recommended DA be modified to include revised conceptual plans that incorporate additional parkin and space for the townhouses. c. Revised width of pathway along W. McMillian Rd from 10' to 5'. C. The Meridian City Council heard these items on December 22,2020. At the public hearing,the Council moved to approve the subject development agreement modification and preliminary plat requests. 1. Summary of the City Council public hearing: a. In favor: Becky McKay,Deborah Nelson,Jason Jarvis b. In opposition:None c. Commenting: Becky McKay,Deborah Nelson, Jason Jarvis d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Discussed whether the applicant would be amenable to sprinklering given the Fire Dept response time. b. Discussed whether there was enough parking provided. c. Discussed past issues with too many lots served by common drives and whether they would be used for parking. Page 12 Page 225 Item#9. d. Stated they did not believe the open space was convenient for the residents of the townhouses and inquired into why the pathway lots were so much wider at the northern portion of the development. e. Discussed concerns that the applicant stated the entire development would be rentals. f. Expressed disappointment that the applicant ignored the recommendations of the Planning Commission and was being inflexible. 4. City Council change(s)to Commission recommendation. a. Common driveways shall serve no more than 3 units total. b. The north-south oriented pathways shown south of W. Daphne St shall be combined into one pathway of at least 30' in width, and a recreational amenity shall be provided at the intersection of the townhouse mews and the pathway. Page 13 Page 226 Item#9. EXHIBITS A. Preliminary Plat(date: 94,420-29 12/8/2020) r�4. r''� 1 ., } 4 _ _M _i%Qan L.C.c"wq: �'r+OL,l F�-�L u.n � •'r7 MGt '1I i K rr .`'+4f 8. -'r• 4 J�'+ =:,�Q'iFrJ'•{ Ar�Ftl+,7a^�ri+�44 a �� r ' �- h t I •i � F ! � I F L �•• � r - 1 JH JimY rIF" - 1 IuQ r ,y u.! '4� A —°_ �-rm arl.-.�.+^-1'�r • Lw+ir,'�'nrt.l,r1�,��.�w.l.-�,nit ,. u! �'l 'q y� + Y L _ter `. .4 w.. L!1! 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Phasing Plan(date: 9/1/2020) • 5 o� �I•`fYiE�E 32,k 1—,� .4 111 fI11 -=-_�V6IIIL Ob I IT 1 1 � I L'1 SE vIeF ter. �r T S:v..+{� �y'.,�+,tivsr��v.•- IM1 .+'U-7c �* I I ' { `2 h6S7s1'Ia�Y I I I Phase Twa L ' } ° 1 �x § ,¢ '.4:;.'.'t'••ti I# s v 5 h ti r �' l}� •, L I r t R-4 f NO } �Sf yoa�t,ti y * 71.70' t/i f f{ g L I � p �'l'{, Y t} 1 I l'"'W'y4 ' �• ',.kl Ll � S� � f I �.� � .�.r4,--:..:rs•.•w'.:••3 =Y n.. - vav__-J�-�d� � L�'I� ; 1 i f ' .. _ I _ „M'v.-rLa:v.i.•`�--,-.++r;o-:,uf,�-�=r�:J..nv„�:�•.L.n,L,. - -•..�� _.r 1 41�h d' .7�,42,0 San 1 _- [ i o}s4rA�r,•r' $1 r#T25-E A54' I L} � Ian..4yv 4 In i F � III• �_ { 2 I m � � #,-,.a...F•_co"•��I.�:..{fl.,,,_��+'?sd=u�y.=ar--L.o,o-�,acJewv...v-a.nx,,,,J x FL IL I '•'II I ��_ a �'��`+,,.v-,r,a+.,c,�..sr.,} •tom PFY352�rre 'i ��i ' � li� ia�!!!! lfYfftl� l��il�lE I, ,y ■ ■ +■_1 •t r Page 15 Page 228 Item#9. C. Landscape Plan(dat&.--94r2O2G(11/12/2020� — I nTuw PACs honrn In rvr 1 ! - - - - f --�- --T _— v Ir,ru � .�;'.. •_. _ .- _ —_ .- _�- is FikFSfPoP wL L-JW i Tr!!111555 .. {TTPl 14 u r 4 r 1 s 5 . • 's Liz P. F 11 mru XO , i'DrRM f \ _ TIOW t• 1 fI TYJ P.+.T T'{T Pl a f - � 27 III<,i` YL I Ye!rlr, Yk,c I ,•I �, fff _ F I II IIII -- •' R #• k r it 1•.' - _ I, rr ` r, J 'HI Ft;mO.ii L: e . ' %rr ArA:{ r LL +a W TP r*' ' +I I iIi II{I•rI�L }_ dh fr _ , Pir.iil Il a a 411 'I il� It — -M FdA fAl'3` --- i .HV41I4I^1. Page 16 Page 229 e MINIUI 11 ill 411_} F a ,yam„ ry FE Om bb— Sim i1�1 YiW i�1I'• WJ�::u7��Y �� '� ��I�F 1�W In�� Item#9. E. Amenity Exhibit(date: 11/18/2020) 0 - �L � �titi•T� y 1 ' Page 18 Page 231 Item#9. F. Townhouse Parking Plan fr � i 11 1 ^f � FM { _ o � e I ----_ _ P W DAPHNE ST _ II LI ._ ..IJ II II II APGAR PUBLIC ALLEY II l 11 � �I LT ICI. W II� W. RIVA CAPRI ST. - I •: 111 - — IE! McA91LG4N ROAD - --- - - --i-- —��- OAKWIND ESTATES PRELIMINARY PL4 T o 4g w ON 3STREEf PARALLEL PARKIN (TOWNHOUSE PARKING EXHIBIT) 1" = 100' EXHIBIT - 1 Page 19 Page 232 i d. 1 1 1 ■ 1 � ■■. . PLAN 2A PLAN 3C � I � ® I, Y Y^• �I Page �3 +'F3,��. — IIII�� Wad � •°S7° 20 Item#9. i yy'yp�}.�✓�S 0� o� pirW—— PLAN 4A i C3.. pr�r4�� •��v .. _— 13 r nrnnnnn ; PLAN 4B Page 21 Page 234 Item#9. F.2.Revised Building Elevations (date: 11/5/2020) a FFNNT a-EMMN-FAFMWK ZE - -- 39 FRIDW B EVATICN-CFAFTWAN e e � - fi - a a LEFf ELEVATION RIGHT ELEVATUM TMKJ - - - 6 P ILY 8 REAR ELEVATION rage Page 235 F.3 Revised Building Elevations d. 1 1 LEF7ELEVA-nom - I� REARELEVAPM Page 23 Item#9. I. Legal Description Leo dOm akwind Estates A parcel located in the SW'f,of the SW'l,of Section 28,Township 4 North, Range 1 West, 8d5e Meridian,Ada County,Idaho. and m ore particularly described as follows: Commencing at a brass Capmonum art markingthe southwest corner of said Sect on 28, from which a brass Cap monument marking the southeast corner of the SW'l, (S 'l, comer) of said Secton 26 bears S W16'56" E a distance of 2635.25 feet; Thence N 1'00'42" E along the west boundary of said SW'l, of Section 28 a distance of 25.00 feet to a point; Thence leaving said west boundary S 89°1656" E a distance of 25.00 feet to the POINT OF BEGINNING; Thence N 1"00'42" E along a line being parallel to and 25.00 feet easterly of said west boundary of the SW'l,a distance of 1290.49 the north boundary of said SW 'f, of the SW'l,; Thence along said north boundary S 69018'59Y E a distance of 425.00 feet to a pant; Thence leaving said north boundary S 88°59'18" E a distance of 324.54 feet to a point; Thence S 1"0(742"W a distance of 10 1.68 f eat toa print; Thence S 88"59'1 B"E a distance of 121.46 feet to a point* Thence S 1"00'42"W a distance of 47.00 feetto a pant; Thence N 88059'18" W a distance of 121.46 feet to a point; Thence S 1'0942"W a distance of 22.35 feet to a pant; Thence S 15"28'05" E a distance of 262.84 feet to a pant; Thence S 10'22'36' E a distance of 85.B2 feet to a point; Thence S 85"08'45" W a distance of 11.10 feet to a point; Thence S 1"00'42" W a distance of 14212 feet to a pant; Thence S 4'19'19'E a distance of 136.47 feet to a point; Thence S 1'00AZ W a distance of50.00 feat to a point; Thence S 88059'18' E a distance of 3.02 feet to a point; Thence S 44"47'25" E a distance of 28.54 feet to a pant; Thence S 0"43'02"W a distance of 383.23 feet to a point; L f 61utionSr Ookw"Estates JOL M.1!�-73 __- C.—d SLffe"nu Co-W1Fo Page$of 2 Page 24 Page 237 Item#9. Thence S 45°43'02" VV a distance of 52.3j feet to a point; Thence S D"4T02" VV a distance of 1100 feet to a point; Thence N 89'16'58"Wab N a line being 25.00 feet northerly of and parallel to the south boundary of said SVV Y,of the SVV Fl,a distance of 931.39 feet to the POINT OF BEGINNING. This parcel contakis 24.54 acres and is sAect to any easements existing or in Use. Clinton W. Hansen, PUS LA�O Land Solutions, PC n T� September 1,2020 a , O> VV r fhaOaks North CaMMOM UIF dSolutions Anbm.19-73 r,.r he,glnQ■ro conwnn^4 Page 2 of 2 rage Page 238 Item#9. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION The subject property shall no longer be subject to the terms of the existing Development Agreement(DA)(Inst. #114030972)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. Currently,a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The new DA shall incorporate the following provisions: a. Future development of this site shall be generally consistent with the submitted plat, phasing plan, landscape plan, open space exhibit, amenities and conceptual building elevations for included in Section VII and the provisions contained herein. b. The applicant shall construct the street buffers,pathways and sound attenuation wall along N. McDermott Rd. and W. McMillan Rd with the first phase of development. c. The pathway along W. McMillan Rd shall be reduced from 10' to 5' in width. d. No single family attached roofline may exceed more than 50(fifty)feet without providing variations in roof profile including but not limited at least two of the following: two or more visible roof planes; dormers, lookouts or,turrets. Planning approval will be required at time of building permit. e. The Development Agreement shall require the rear and/or sides of 2-story structures that face the arterial streets(i.e.N. McDermott and W. McMillan Rd.)to incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. f. DA shall include a limitation to no more than 3 units on a common drive. g. The north-south oriented pathways shown south of W.Daphne St shall be combined into one pathway of at least 30' in width,and a recreational amenity shall be provided at the intersection of the townhouse mews and the pathway. h. DA shall inelude revised eeneeptual plans that incorporate additional parki si3aee for-the towphattses-. 2. The preliminary plat included in Section VII.A, shall be revised ten(10)days prior to the Council hearing as follows: a. Note#10: Revise to include Lot 84,Block 1 as a common lot to be owned and maintained by the Home Owners Association. b. Marysville Street and Palustris Avenue will need to be redesigned to reduce the length of the roadways or to include the use of passive design elements. Stop signs, speed humps/bumps and valley gutter are not accepted as traffic calming. The applicant shall submit a revised preliminary plat showing the redesigned roadways and approved by ACHD prior to City Council. 3. The landscape plan included in Section VII.B shall be revised ten(10) days prior to the Council hearing as follows: Page 26 Page 239 Item#9. wall ll alongW.. McDermott Rd required in UDC 11 3 H 4D. All required landseaping shall be o the west side of the wall, 4. Prior to the Planning Gen*nissien,the Applicant shall revise the proposed elevations to ex4end t>, e faeade. 5. For lots accessed by common driveways, an exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing,building envelope and orientation of the lots and structures. Driveways for abutting properties that aren't taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. a. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-7 for all buildable lots. 7. 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. 8. All townhouses are required to complete design review approval prior to building permits. 9. Developer shall comply with all ACHD conditions of approval. 10. The Applicant shall have a maximum of two(2)years to obtain City Engineer's signature on a final plat in accord with UDC 11-6B-7. 11. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility. B. PUBLIC WORKS DEPARTMENT 1. Site Specific Conditions of Approval 1.1 The water main in W. Daphne Street needs to be 12-inch diameter. The water main shall extend west, and stub at McDermott Road. 1.2 Each phase will need to be modeled at Final Plat to verify there aren't any pressure issues. 1.3 Remove the water main in McDermott Rd 1.4 Confirm sewer mainline slope from SSMH TL-12 to the first new proposed Manhole(should be 0.04%).Need to ensure that property to the west has adequate depth for future development. 1.5 When there are four or more lots on a common drive, a mainline can be installed in lieu of extending service lines. 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 Page 27 Page 240 Item#9. service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities, etc.,prior to signature on the final plat. Page 28 Page 241 Item#9. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Page 29 Page 242 Item#9. Community Development Department website. Please contact Land Development Service for more information at 887-2211. Page 30 Page 243 Item#9. C. COMMUNITY DEVELOPMENT (SCHOOLS ANALYSIS) HTTPs://WEBLINKMERIDIANCITY.ORGIWEBLINK/DOCVIEW.ASPX?ID=214998&DBID=0&REP0=ME RIDIANCITY D. ACHD https://weblink.meridianciV.org/WebLink/DocView.gyp x?id=214524&dbid=0&repo=MeridianC Lty D. MERIDIAN POLICE DEPARTMENT https://weblink.meridianciV.oLvlWebLinkIDocView.aspx?id=203768&dbid=0&repo=MeridianC Lty E. MERIDIAN FIRE DEPARTMENT https://weblink.meridiancioy.org/WebLinkIDocView.aspx?id=203794&dbid=0&repo=MeridianC iv F. COMPASS https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=214349&dbid=0&repo=MeridianC Lty G. WEST ADA SCHOOL DISTRICT https:11weblink.meridianciby.org/WebLink/Doc View.aspx?id=214828&dbid=0&repo=MeridianC hty VII. FINDINGS Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372,7-8-2008,eff.7-8-2008) Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use,transportation, and circulation.Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Page 31 Page 244 Item#9. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See the Comprehensive Plan analysis regarding serving development by critical public facilities as well as the section regarding urban infrastructure. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc.)to determine this finding. (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health,safety or general welfare; and Council is not aware of any health, safety,or environmental problems associated with the platting of this property that should be brought to the Council's attention. ACHD considers road safety issues in their analysis. Council considered any public testimony that was presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council was unaware. 6. The development preserves significant natural, scenic or historic features. (Ord. 05- 1170,8-30-2005,eff. 9-15-2005) Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 32 Page 245 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Paramount Point (H-2020-0098) by Brighton Development, Inc., Located at the Southwest Corner of N. Fox Run Way and W. Chinden Blvd. Page 246 Item#10. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N:- , AND DECISION&ORDER A 1 In the Matter of the Request for Development Agreement Modification to amend the fourth addendum of the Paramount Development Agreement(Inst.#2017-066043)to incorporate a new concept plan consisting of five(5) commercial lots and associated site improvements,by Brighton Development,Inc. Case No(s). H-2020-0098 For the City Council Hearing Date of. November 24, 2020 (Findings on January 5, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 24, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 24,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of November 24, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 24, 2020, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Paramount Point MDA—FILE#H-2020-0098) - I - Page 247 Item#10. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 24, 2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 24, 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 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two (2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Paramount Point MDA—FILE#H-2020-0098) -2- Page 248 Item#10. determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of November 24,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Paramount Point MDA—FILE#H-2020-0098) -3- Page 249 Item#10. By action of the City Council at its regular meeting held on the 5th day of January 2021. 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: 1-5-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Paramount Point MDA—FILE#H-2020-0098) -4- Page 250 Item#10. Exhibit A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/24/2020 Legend DATE: FEIProlect Location 1. E, . TO: Mayor&City Council =C 3=MU- R R1 MU FROM: Joseph Dodson,Associate Planner C-C C-C R-15 C-G 208-884-5533 C ' SUBJECT: H-2020-0098 W Paramount Point-MDA RUT LOCATION: The site is located at the SWC of N. Fox R.8� Run Way and W. Chinden Boulevard,in L'O 1 1 P - - the NE /4 of the NW /4 of Section 25, Township ,4N. Range 1W. L"O g u � M® I. PROJECT DESCRIPTION Development Agreement Modification to amend the fourth addendum of the Paramount Development Agreement(Inst. #2017-066043)to incorporate a new concept plan consisting of five(5)commercial lots and associated site improvements pertinent to Paramount Point Subdivision,by Brighton Development, Inc. II. SUMMARY OF REPORT A. Applicant: Kody Daffer, Brighton Development—2929 W.Navigator Rd., ID 83642 B. Owner: David T.,DWT Investments—2929 W.Navigator Rd.,ID 83642 C. Representative: Kody Daffer,Brighton Development—2929 W.Navigator Rd.,ID 83642 III. STAFF ANALYSIS The Applicant proposes to amend the fourth addendum of the Paramount Development Agreement (#2017-066043)to incorporate a new concept plan as required.This DA provision was identified during the review of the Paramount Point short plat application(H-2020-0082),which necessitated a condition of approval requiring compliance with the addendum prior to City Engineer's signature on the short plat. The subject DA requires a modification to include a conceptual development plan prior to submittal of a Certificate of Zoning Compliance application(if required) or issuance of any building permits. At a Page I Page 251 Item#10. Exhibit A minimum,the concept plan(s) should include access and circulation and a mix of land use types.Note: Two (2) Certificates of Zoning Compliance (CZC) have already been approved (A-2019-0365 & A- 2020-0078)for an urgent care facility and a bank,respectively,providing at least two distinct land uses on the subject site. The applicant has submitted a new concept plan that matches the approved short plat and depicts four (4) commercial building lots and two(2) common lots with a public road bisecting the subject site for connectivity to the west through the Linder Village project. The new concept plan also depicts a right- in/right-out connection to N.Fox Run Way in alignment with the driveway access on the opposite side of Fox Run Way. In addition,the urgent care facility that was approved in 2019 is no longer under the same ownership as the rest of the subject parcels but is part of the amended Development Agreement and makes up the fifth lot on the concept plan in the northeast corner of this subject site. Staff believes this new concept plan is consistent with the requirements of the addendum. Therefore, staff recommends the development agreement modification with the recommended change in Exhibit A below. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA (Inst. #2017-066043) as recommended by Staff below and to include the concept plan attached as Exhibit C. B. The Meridian City Council heard these items on November 24,2020. At the public hearing the Council moved to approve the subject DA Modification request. I. Summary of the City Council public hearing: a. In favor: Kodv Daffer,Applicant Representative b. In opposition:None C. Commenting: Kodv Daffer d. Written testimony: None e. Staff presenting application: Joseph Dodson f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Pedestrian circulation plan for the internal site and off-site. across Fox Run Way and future Plaza Shops Drive. 4. City Council change(s)to Commission recommendation. a. None V. EXHIBITS A. Development Agreement Provision#6.8 from the fourth addendum(Inst. #2017-066043): Existing: "A modification of the development agreement is required to include a conceptual development plan for the property located at the southwest corner of W. Chinden Blvd.prior to submittal of a Certificate of Zoning Compliance application(if required) or issuance of any building permits. The concept plan(s) shall include a site plan showing access and circulation and a mix of land use types." Page 2 Page 252 Item#10. Exhibit A Staffs Recommended Change: The seneept pla-a(s) shall ifielude a site plan shewing aeeess a-ad eir-eula4iea and a mix of land Development of the site shall substantially comply with the concept plan as attached in Exhibit C. B. Approved Short Plat(H-2020-0082): (W CIII FBEABLIT5 _ PARAMOUNT POINT YP.CIIBdDBN BL\'C1. (I141'Y 20--1f1 SUBDIVISION A PORTION OF THE N W.1/4 OF THE N.E.114,SECTTON 25, LOT 1-022 ACRES T04V>SHIP d NORTH,RANGE 1 WEST,B.M.,CITY OF I-SIGNM MERIDIAN,ADA COUNTY,IDAHO • :. SEGNow,L�oRNER 2020 I r--- ,a—s9'— w 9 1M SECTIONAL CORNER ggggg _' ___T ____--s--nc----_____IF • Q SET—REEAR B—TIC CAP PLSM BRW 10 °r U � FOVNC M REEAR P.L.S.TBW XI FI I BLOCRI ! O FOU 1011 REEAR P.I. T9BJ ON LESS OTHE-1EE NGTEO SET N05R REEAR R.I. CPP LOT oe�11 O CET 1fY'REEAR MATH PWSTIC CPP MARNEO r' 0.54 ACRES ESIAr RLs r�fio A 1m 0 FO VND5B"REBARIMTHILLEGIBLECAP ��x'] ■ FaINO SIB"RE—THILIFF01 ECPP ~ If • POB. PUNT OFBEGINNING I.C.. PCINTOFCOMMENCTMENT NOTAPART I PUID EUBUGUTIUTY,IRRIGATONANUURFINAGEEASEMENT I eouNIGDANRFINE �I ��e I' I E4eEMENT LINE wl ,L c yI LOT LINE ADJACENT PAROEL LINE I �m In 1 I s CP 6F, CORNER PERPETUATION AND FILING NBTRUMENT NVMEER 1 __ •xT aSx rae. __� jN I I _ (� noLACENT LOT NUMBER I� �I MONUMENT EASNO CAPANO IS O YY SOUTH OF RELORO POSITION Il8 �yqi j MONUMENT HASNO—ND I50.1T 50LRH OF REGORC EOSITION I ANTICIPATED FUTURERIGHT-GF-WAY 5—MNNLASEMENTPURSVANTTO IN51RUMEMNo-.arvnax': LOL—I �81 5m 6AE9d16•�x Z�—� i� I N WATER MAIN E45FNENT PURSUANT TO I NSTRU MENT N°arse. t,_ (�D PIT RLIC UTILITY AND DRAT NAGE PURS UANT TO I NSTRU MENT No-aue�n'rs I 0.71 ACRES yl __'-"'---FF� -�I I q1 �� IDAHO POWER PERMANENT EASEMENT INSTRUMENT Nn.rxxxxrxxx n II sd I\ I INGRESS AND EGRESS EASEMENT INSTRUMENT No.xxxxxmu „lo Llne Tanis LInN Taue I I I 129.50' 29.50' Line% Len0H Direction urcx L gth .—R YY�6 k ■114 _ _ T" LT 11 N�°]6'5fi"W Lx1 34.ar N?9`n'%'W LOT S L8 15A0 NCO'31.04"E !T2 15,00' SC0"32'Zi'w �m 0.63 ACRES I Ls 1C.CC' NCS-25'Efi'w LZT as ar' sas°zr IF'E 11 �.I Iw r •1 rl I 1r °�race e L10 420T OC'E $„ 1 Nag°2i'�'w 126 1236' SOD°32'�i'W r 1 Iyn` ��{{ Sti r L11 10 U1' Say°32'25'w 125 6 91 8' 45•IXY p 0.3 LOT �I III tua = �� ` FRIrz BaowNELL �y yr n,e1 I, �� PLI4W ` y, �o L1z 1ED3 :uo°3ras'w Lze �6z NGfi=oo�mw I 11 � ' �� f�\ 'R OIIRM� L13 9TT 68B"YT t1"E LZI 30.61' SW°32'14•W {'� I g„•y 15�� lA2'' -�/` S49°Z7 35'E L2B 15.00' N90'P10PE E p�.� �,1�� 1 LPS 34.45' N�°2T'35'w LP3 30.4]' 3C0°3113W • •NavPrzew�=seer�zo_=_-� �___ � Lra is oo' saa°aaoz'w Lm 3om' N3s°ae'�G'w jeazL•_—___ _ i —— • iJ� L11 3455' S86°2P3RE L81 iF.91' 818•C23C'E I /�y 1 � SnT`or oL 1,2�2— — YeE 1�0.7 0LOT1 ACRE S gi___ ti9 ELL: --m--�— ,1lzsa.0000Do''' rvs�as°°°z3rrzr zza6ss''wwE LLLaaazis SlzEoHsrs.E4rsEaT 2NNNGSSn1 Dz6°•• az1aa3•ma3ro••EEE wNa iBaUrDr HORROCKS Gu eYed D McCaMyin 6VIte 210 — _ Meridian,ID 83602 ��I'— Janeery o12C20. E f7) BLOC 21.. 16?`�a1df �"3`rr�P,�,�C1�+� Ia-_ _ q2 1�13sszsm E N G I N E E R S F�iaae Io-z,eazaal Page 3 Page 253 Item#10. Exhibit A C. Concept Plan: i I I � I I I I III ' I� c±=, a \. + =� — — _ — • a,d - - k I - s _ b I ae I I I a I I I I a i •�i - �,s�� F:. MERMAN,IAA O F y I � III e CONSTRUCTION DOCUMENTS s _ a,,' PARAMOUNT URGENT CARE f —� O Page 4 Page 254 Item#11. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Southridge Apartments (H-2020- 0109) by The Land Group, Located on the South Side of W. Overland Rd. Midway Between S. Ten Mile Rd. and S. Linder Rd. Page 255 Item#11. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER A In the Matter of the Request for a Modification to the Existing Development Agreement(Inst.No. 2015-112096)to Include an Updated Conceptual Development Plan for the Third Phase of Development,by The Land Group,Inc. Case No(s). H-2020-0109 For the City Council Hearing Date of: December 22,2020 (Findings on January 5,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 22,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 22,2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 22, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 22,2020,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SOUTHRIDGE APARTMENTS—MDA H-2020-0109 - 1 Page 256 Item#11. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 22,2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a modification to the Development Agreement is hereby approved per the provisions in the Staff Report for the hearing date of December 22,2020,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of December 22,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SOUTHRIDGE APARTMENTS—MDA H-2020-0109 -2 Page 257 Item#11. By action of the City Council at its regular meeting held on the 5th day of January 2021. 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: 1-5-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SOUTHRIDGE APARTMENTS—MDA H-2020-0109 -3- Page 258 EXHIBIT A STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 12/22/2020 Legend Rl DATE: ��project Laian L � TO: Mayor&City Council �Ri' RUT FROM: Sonya Allen,Associate Planner ° ° TN- 208-884-5533 R- R l R-8 ICE SUBJECT. H-2020-0109 R Southridge Apartments R a R-4 R•2 LOCATION: South of W. Overland Rd.,midway - between S. Ten Mile Rd. and S. Linder RU Rd.,in the north'/2 of Section 23,T.3N., R R.1W. (Parcel#S1223120955) I. PROJECT DESCRIPTION Modification of the existing Development Agreement(Inst. #2015-112096)to include an updated conceptual development plan for the third phase of development. II. APPLICANT INFORMATION A. Applicant: Kristen McNeill, The Land Group, Inc.-462 W. Shore Dr., Ste. 100,Eagle,ID 83616 B. Owner: Tim Eck, Southridge Farm, LLC-6152 W. Half Moon Ln.,Eagle,ID 83616 C. Representative: Jason Densmer,The Land Group,Inc.-462 E. Shore Dr., Ste. 100, Eagle, ID 83616 III. NOTICING City Council Posting Date Legal notice published in newspaper 12/4/2020 Radius notice mailed to properties within 300 feet 11/23/2020 Public hearing notice sign posted 12/10/2020 Next Door 11/23/2020 Page 1 Page 259 Item#11. IV. STAFF ANALYSIS History: This property was annexed as part of the larger Southridge Subdivision development in 2007 (AZ-06-031); a Development Agreement(DA) was approved with the annexation (Inst. #107074205). An amendment to the DA (Inst. #107074205) was approved in 2008, which replaced the original agreement(MDA-08-004, Inst. #111102269, recorded on 12115111) but was actually recorded after a subsequent amendment to the DA associated with RZ-11-002 referenced below but didn't reference that agreement. In 2011, an amendment to the original DA (Inst. 107074205) was approved with the rezone (RZ-11- 002) to R-15 that replaced the original DA and separated the subject property into its own DA—this amendment appears to have "crossed paths"at the same approximate time as the DA associated with MDA-08-004 and therefore included incorrect reference numbers for the recorded DA it was replacing. This amendment included a conceptual development plan for the first two of three phases of a multi family development and was required to be modified prior to development of the third phase to include an updated concept plan for that area (Inst. #111099621, recorded on 1217111). An amendment to the agreement(Inst. #111099621) was approved in 2015 to change the development plan for the eastern 3.05 acres of the third phase from multi family to single-family but did not include a development plan for the remaining portion of Phase 3 (MDA-15-010, Inst. #2015-112096). An amendment to the existing Development Agreement(DA) (Inst. #2015-112096, Southridge Apartments—MDA-15-010) is proposed to include a conceptual development plan for the third and final phase of the multi-family development, as required by the DA. The concept plan also includes the previously approved first and second phases of development. The proposed concept plan depicts a total of 14 structures on 8.61 acres of land containing approximately 164 dwelling units with associated common areas, access driveways and parking for the third phase of development(see Section VI.B). Two (2) access driveways are proposed via S. Grand Fork Way, a local street. The third phase continues the design of the first two phases with 3- story apartment buildings rotated such that no two buildings are parallel to each other or parallel with a public street, eliminating the"row"effect.Associated parking areas and drive aisles are angled to eliminate long parking lot views,which also assist in traffic calming. The proposed concept plan appears to be in general compliance with UDC standards; detailed review will take place with a subsequent Conditional Use Permit(CUP) application. A total of 476 dwelling units were approved to develop in the first two phases combined(CUP H- 2017-0077). With the third phase, an overall gross density of 18+/-units on 35.5 acres of land will be provided for the entire multi-family development,consistent with the density(i.e. 16-25 units/acre) desired in High Density Residential designated areas in the Ten Mile Interchange Specific Area Plan (TMISAP). A conditional use permit is required to be submitted for the third phase of the multi-family development per UDC Table 11-2A-2. At that time, Staff will review the details of the proposed project for consistency with the dimensional standards of the R-15 zoning district listed in UDC Table I I-2A-7, specific use standards for multi-family developments in UDC 11-4-3-27 and other applicable UDC standards. All structures are required to be designed consistent with the design standards listed in the Architectural Standards Manual. The Applicant requests condition#5.1.5 in Section 5.1 of the DA,which requires the DA to be modified prior to development of Phase 3 to include a conceptual development plan for the area,is removed from the agreement as the condition has been satisfied with this application(see Section VII.B below). Page 2 Page 260 Item#11. V. DECISION A. Staff: Staff recommends approval of the proposed MDA consistent with Section VII.B. B. The Meridian City Council heard this item on December 22,2020. At the public hearing_the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Tamara Thompson, The Land Group(Applicant's Representative) b. In oposition: None p c. Commenting: one d. Written testimony: Jason Densmer and Tamara Thompson, The Land Group e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None Page 3 Page 261 Item#11. VI. EXHIBITS A. Existing Conditions Governing Development of Subject Property and Conceptual Development Plan in Development Agreement(Inst. #2015-112096) 665.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Development of the site shall substantially comply with the conceptual site plan included in Exhibit B,the design standards listed in UDC 11-3A-19 and the guidelines contained in the City of Meridian Design Manual or any updated version thereof in effect at the time of development. 2. All future development shall comply with the dimensional standards for the R-15 zoning district contained in UDC Table 11-2A-7 and the TN-R zoning district contained in UDC Table 11-2D-6 as applicable. 3. The developer shall comply with all ACHD conditions of approval associated with development of this site. 4. An easement recorded on 10/02/09 as instrument#109112713 grants cross-access to Parcel No. S 1223120727—the 4.8 acre parcel to the east of the subject property. 5. Prior to development of the third phase of the project,a modification to the development agreement is required to update the conceptual site plan to include a development plan for this area. 6. The 30-foot wide road right-of-way easement known as Old Thorn Lane that runs through this site and provides access to the Rice property(parcel#S 1223131250) shall be protected and preserved throughout the construction process and after; or, an alternative access route shall be provided with the appropriate instrument. 7. The road right-of-way easement for Old Thorn Lane shall be vacated at such time as the easement has either been relocated or is no longer needed." Page 4 Page 262 Item#11. overland Road IF ' a e � M ~ Phase III �s (to he determined) ��• DASHED LINE INDICATES DEVELOPMENT --1 AGREEMENT BOUNDARY Southridge Estates Subdivision 1 Concept 1�1 Site Plan Southridge Apartments .mom, Concept Site Plan g _.._.........�•..•.•••••..•� Ten Mile Rd.&D—lud Rd,WON..,Idaho Page 5 Page 263 Item#11. B. Proposed Amendment to Existing Conditions and Conceptual Development Plan All existing conditions shall remain except for condition#5.1.5,which no longer applies with the subject amendment and shall be deleted, as follows: S. Prior-to development of the third phase of the pr-ejeet, a medifiea4ion to the development agreement is required to update the coneeptual site plan to inelude a development plan fO.F this area. W. Ouedand Rd. x qc= � . C. PHASE 8 AREA L� BEING ADDED TO E 3nNG 91 CL& DEVELOPMENT AGREEMENT Sff E PLAN 'L Southrid e Apartments �➢9 Ex Master Site Plan sF — Page 6 Page 264 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Wadsworth Meridian Subdivision (H- 2020-0104) by Wadsworth Development, Located at 3085 E. Ustick Rd. Page 265 Item#12. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-~' AND DECISION&ORDER In the Matter of the Request for Preliminary Plat approval consisting of five(5) commercial building lots on 3.29 acres in the C-G zoning district for ownership purposes,by Wadsworth Development. Case No(s).H-2020-0104 For the City Council Hearing Date of: December 22, 2020 (Findings on January 5, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 22,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 22,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of December 22, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 22, 2020,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Wadsworth Meridian Subdivision—FILE#H-2020-0104) - I Page 266 Item#12. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 22,2020,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 22,2020, 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 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Wadsworth Meridian Subdivision—FILE#H-2020-0104) -2- Page 267 Item#12. or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). 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 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of December 22,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Wadsworth Meridian Subdivision—FILE#H-2020-0104) -3- Page 268 Item#12. By action of the City Council at its regular meeting held on the 5th day of January 2021. 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: 1-5-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Wadsworth Meridian Subdivision—FILE#H-2020-0104) -4- Page 269 Item#12. Exhibit A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 12/22/2020 Legend DATE: I�l U Project Location TO: Mayor&City Council FROM: Joe Dodson,Associate Planner 208-884-5533 ®- FF SUBJECT: H-2020-0104 Wadsworth Meridian Subdivision ' ' IBM 'J Ey LOCATION: The site is located at 3085 E. Ustick - Road, at the southwest corner of S. Eagle Road and E. Ustick Road,in the NE 1/4 of the NE 1/4 of Section 5,Township 3N., Range 1 E. ' I. PROJECT DESCRIPTION Request for Preliminary Plat approval consisting of five (5)commercial building lots on 3.29 acres in the C-G zoning district for ownership purposes,by Wadsworth Development. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.29(C-G zoning district) Future Land Use Designation Mixed Use Regional Existing Land Use(s) Vacant Proposed Land Use(s) Commercial Lots(#and type;bldg./common) 5 building lots Physical Features(waterways, Milk Lateral runs along southern boundary of property; hazards,flood plain,hillside) portion of irrigation casement that is on the subject site is being respected and was verified during CZC approval. Neighborhood meeting date;#of July 27,2020—One(1)attendee(representative of Kohls) attendees: History(previous approvals) H-2019-0082(DA Modification to remove the subject site from an existing DA and enter into a new one specific to this site;DA Inst.#2019-121599);A-2019-0376(CZC for parking lot,landscaping,and other relevant site improvements);A-2020-0163(CZC and Design Review approval of an urgent care facility on the SEC pad site). Page 1 Page 270 Item#12. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes;Comply with letter noting review that occurred with urgent care CZC(A-2020-0163). • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via a proposed shared driveway into Hwy/Loca1)(Existing and Proposed) the development from E.Ustick Rd.No direct access is proposed or allowed to E.Ustick Rd.or N.Eagle Rd. Stub Street/Interconnectivity/Cross Subject site has existing cross-access agreements in place Access for adjacent properties to the west and south.All of these properties will be accessed via drive aisles. Existing Road Network No Existing Arterial Sidewalks/ The required sidewalks and landscaping is currently under Buffers construction commensurate with the approved CZC plans (A-2019-0376). Proposed Road Improvements Applicant is not required to perform any road improvements because Ustick and Eagle are at their full- build out at this time. Fire Service • Distance to Fire Station 1.2 miles from Fire Station#3 • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#3 reliability currently 80% • Risk Identification Risk Factor 3—commercial • Accessibility Proposed project meets all Fire required access,road widths,and turnarounds. Police Service • Distance to Station 3.5 miles from Meridian Police Department • Response Time Approximately 2.5 minute response time to an emergency. • Call Data Between 10/1/2019-9/30/2020,the Meridian Police Department responded to 1,379 calls for service within a mile of the proposed development.The crime count on the calls for service was 98. See attached documents for details. Between 10/1/2019-9/30/2020,the Meridian Police Department responded to 92 crashes within a mile of the proposed development. See attached documents for details. • Additional Concerns None Wastewater • Distance to Sewer Services 0 • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.98 Project Consistent with WW YES Master Plan/Facility Plan • Impacts/Concerns Flow is committed Water • Distance to Water Services 0' • Pressure Zone 3 Page 2 Page 271 Item#12. Description Details Page • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water YES Master Plan • Impacts/Concerns No comments C. Project Area Maps .Future Land Use Map .Aerial Map Legend 0 Legend _ 0Project Location Project Location Medium_ Density " a ® Residential Commercial -Low Density � I Residential ® A ,; -- Civic .Zoning Map -Planned Development Map Legend 0 Legend 0 Project Location I Project Location C-1 y City Limits R-3 Planned Parcels i� ® C-N C-GEH RUT R-2 R-1_C R-1-A ____c- _ C ' a Rl R'-8 _R-_8 Rl ' -- - -RUT-R-2 RUT o0 Rl R r% Y n o�p R-4 _ --- ----- -A R-2-P.,4. --4 L-4 C"C R-40Lt 4 --- `�R1 CKG rR,48n - Page 3 Page 272 Item#12. III. APPLICANT INFORMATION A. Applicant: Brad Watson,Wadworth Development— 166 E. 14000 South, Ste. 210,Draper,UT 84020 B. Owner: Nate Ballard,Wadworth Development— 166 E. 14000 South, Ste. 210, Draper, UT 84020 C. Representative: Kristen McNeill, The Land Group,Inc.—462 E. Shore Drive, Suite 100,Eagle, ID 83616 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 10/30/2020 12/4/2020 Radius notification mailed to properties within 300 feet 10/30/2020 11/23/2020 Site Posting 11/5/2020 12/10/2020 Nextdoor posting 10/30/2020 11/23/2020 V. STAFF ANALYSIS The subject property was annexed in 2003 as part of a larger annexation area(AZ-03-018). There was a Development Agreement(DA) associated with this annexation which was modified in 2019 to remove this property from that DA(H-2019-0082) and enter into a new one serving just this site(DA Inst.#2019-121599).The Applicant does not have to subdivide the property in order to develop it but is choosing to for future ownership purposes.The Applicant is required to comply with all existing DA provisions.Each building site will be evaluated for compliance with all applicable previous approvals at the time of Certificate of Zoning Compliance (CZC) application submittal on each building lot. A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Mixed Use regional—In general,the purpose of mixed-use designations is to provide for a combination of compatible land uses within a close geographic area that allows for easily accessible and convenient services for residents and workers. The intent is to promote developments that offer functional and physical integration of land uses,to create and enhance neighborhood sense of place,and to allow developers a greater degree of design and use flexibility. Specifically,the purpose of the regional designation is to provide a mix of employment,retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential,and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The subject site is located at the southwest corner of the intersection of E. Ustick Road(an arterial street) and N. Eagle Road/SH SS. Staff and the Applicant understand the importance of providing more commercial uses in this area, especially on an undeveloped corner. To the east and across Eagle Road are two large commercial centers; to the north is an additional Page 4 Page 273 Item#12. commercial center. These surrounding areas provide a plethora of commercial uses that are used at a regional level. Directly to the west of the subject site is intended to be a high-end indoor gym (Villasport) and further to the south of the site is existing residential and some community serving commercial.As these lots get developed over time, Staff believes that they will continue to add to the City's commercial base and will likely be a higher benefit to users of the future Villasport and residents to the southwest of this site. Staff is of the opinion that there is less need for these five relatively small commercial lots to serve a regional base than those sites to the north and east. In addition, this project, in conjunction with the approved uses to the west, should satisfy the comprehensive plan and mixed-use policies. B. Comprehensive Plan Policies(https://www.meridianciV.or /�compplan): Some applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Require appropriate building design, and landscaping elements to buffer, screen,beautify, and integrate commercial,multifamily, and parking lots into existing neighborhoods."(5.01.02D). This subdivision has received previous approvals that have analyzed the required landscape buffers and site design.All perimeter landscaping will be constructed outside of each individual lot and outside of the platting process. The approved landscaping meets all code requirements and helps to beautify the property while keeping the building lots visible. The landscaping also creates the required buffer to the two adjacent busy streets. In addition, each future building site will add to the perimeter landscaping to enhance each of their sites. There are no directly adjacent residences and likely, the subject site will not be directly viewable from the nearest residential neighborhood once other properties redevelop in the near future. The Applicant chose to construct the parking on the interior of all the proposed building lots which helps screen the parking lot from public view. "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).As noted above, the site design hides the parking lot from adjacent uses to the extent possible and allows each building to be integrated into the surrounding properties. Commercial zoning exists in all directions around the subject site which lends itself to not requiring any major buffer to a residential development. Staff finds the approved site design meets the best design practices outlined in plan. "Encourage the development of supportive commercial near employment areas."(3.06.02C).No end users are not known at this time for the proposed lots along the north of the subject site. However, the most recent approval on site was for an urgent care facility in the southeast corner and the expected building to the west of the urgent care facility is planned to be a multi-tenant building. The urgent care facility will be its own small employment center and very likely, other buildings within this commercial subdivision will spring up to be a supportive use to it. In addition, a large gym is approved(but not yet constructed) on the adjacent property to the west— it is very likely businesses will open up in this subdivision in response to that larger employer as well. "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A). Where feasible, each building site will have pedestrian connections to one another and will have connections to the sidewalks along the adjacent major roadways on the north and east sides of the overall site. So long as these connections are required with each CZC review, Staff believes the subject site will have adequate pedestrian circulation especially due to the relatively small size of this commercial development. Staff finds this development to be generally consistent and in alignment with the Comprehensive Plan. Page 5 Page 274 Item#12. C. Existing Structures/Site Improvements: The subject site is vacant at this time with basic site improvements completed(grading). All improvements along Ustick and Eagle Roads are existing. With the approved CZC,utilities and drainage will be completed. In addition,when each building lot develops, each development will be analyzed for compliance with city code. D. Proposed Use Analysis: The uses allowed on the subject site are those listed in UDC Table 11-2B-2 for the C-G zoning district. There has been an approved CZC on the property located on the building lot in the southeast corner of the site for an urgent care facility;this is a principally permitted use in the C- G district. Each future use will be analyzed for compliance when they are proposed over time. E. Dimensional Standards(UDC 11-2): The submitted Preliminary Plat proposes five(5)commercial building lots that vary in size from 0.39 acres to 1.02 acres. The C-G zoning district does not have a minimum lot size requirement but does have required landscape buffers and land use buffers. Because there are no adjacent residential districts,there are no required land use buffers. In addition, all landscape buffers are previously approved with the CZC for the overall site improvements(A-2019-0376). When future buildings are proposed on each building lot, Staff will analyze each building for compliance with other dimensional standards of the C-G zoning district. The proposed preliminary plat appears to meet the UDC requirements for the C-G zoning district outlined in UDC Table 11-2B-3. F. Access(UDC 11-3A-3, 11-3H-4): Access to and for this development will be via a shared driveway constructed with the Villasport improvements limited to a right-in/right-out access—this Applicant will be required to construct this shared driveway access for their development if it this site develops before the Villasport project. There are no public streets as part of this commercial development and therefore no stub streets are proposed. Instead,there are private drive-aisles as are standard for commercial developments. The Applicant has an existing cross-access agreement with the adjacent commercial properties(Inst. #106169335). The Applicant's plat and subsequent plans show the shared driveway access with the Villasport project as a named private lane, N. Cajun Lane. Further to the south of the subject site, there is a private street with this name and the commercial drive aisle will be a continuation of this driving surface but in fact will not be a named street. Therefore, the Applicant needs to revise the plat to show this lane as a drive aisle and not a named private street. In addition, because the Applicant is proposing to subdivide this property, cross-access between the five proposed lots is also required. In the recorded Covenant, Conditions, and Restrictions (Inst. #2020-075457) this cross- access is discussed and dictated for each lot and future user. The Applicant should note this and the instrument number on the plat for transparency. G. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC 11-3C-6B for nonresidential uses at the ratio of one (1) space per 500 square feet of gross floor area. In addition,if any restaurants are proposed,the parking ratio is one(1) space per 250 square feet of gross floor area.With the approved CZC, 109 parking spaces were approved but did not show any parking directly adjacent to the future commercial buildings on the north end of the site. Page 6 Page 275 Item#12. The revised site plan provided by the Applicant shows some changes to the parking lot that differ from the currently approved site plan. One of these changes include three additional trash enclosures for a total of four but none are proposed within the center parking area which is appreciated. The new locations of the trash enclosures should help minimize any blind corners when traversing the site. In addition, the Applicant is now showing reconfiguration of some of the parking spaces and additional parking adjacent to the northern building lots. These changes show a net positive gain of 16 additional parking spaces. Again, as each pad site is developed, the required number of spaces will be checked and the Applicant will be required to comply with code requirements. As noted above,parking for the whole site will be available for each building site per the recorded CC&Rs. Because the overall parking plan has changed since the original approval of the CZC, the Applicant will need to obtain approval of a new CZC outlining the changes made to the site improvements prior to obtaining any more building permits. H. Pathways (UDC 11-3A-8): The required multi-use pathway along Eagle Road will be constructed under the approved CZC from 2019 unless that expires and a new CZC will be required to be approved.No other pathways are proposed or required. Through the approved CZC, the Applicant is also required to construct the multi-use pathway with decorative street lamps as outlined in UDC 11-3H-4C. A portion of the multi-use pathway will be widened to 14 feet in width to accommodate a wide enough surface for city vehicles to access the city sewer main that the Applicant must pull from the corner of Ustick and Eagle. Public Works has reviewed approved this change from the approved CZC utility plans. I. Sidewalks(UDC 11-3A-17): Minimum 5-foot wide sidewalks are required adjacent to all commercial buildings as outlined in UDC 11-3A-17. The one building site with an approval (American Family Urgent Care) showed compliance with this requirement. In addition, each building site will be analyzed for compliance with this requirement. The Applicant is required to construct 5-foot wide detached sidewalk within the landscape buffer to Ustick Road per the conditions of approval in the existing CZC. This sidewalk will connect to the multi-use pathway at the intersection of Ustick and Eagle Roads. J. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to E. Ustick Road, an arterial street,landscaped per the standards listed in UDC 11-3B-7C. A 35-foot wide street buffer is required adjacent to N. Eagle Road/SH 55, landscaped per the standards listed in 11-3B-7C. All landscape buffers have been reviewed and approved with the existing CZC. K. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has not submitted conceptual elevations for the future commercial pad sites because end users are not yet known. Future commercial buildings are required to obtain certificate of zoning compliance and administrative design review approval and each building will be analyzed against the UDC and Architectural Standards Manual at that time. Page 7 Page 276 Item#12. VI. DECISION A. Staff: Staff recommends approval of the requested preliminary plat application per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on November 19,2020.At the public hearing,the Commission moved to recommend approval of the subject Preliminary request. I. Summary of Commission public hearing_ a. In favor: Tamara Thompson, The Land Group b. In opposition:None C. Commenting: Tamara Thompson d. Written testimony: None e. Staff presenting application: Joseph Dodson, Current Associate Planner f. Other Staff commenting on application:None 2. Key issue(s) testimony a. None 3. Key issue(s)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard these items on December 22,2020.At the public hearing,the Council moved to approve the subject Preliminary Plat request. I. Summary of the City Council public hearing: a. In favor: Tamara Thompson, The Land Group -Applicant Representative b. In opposition: None c. Commenting: Tamara Thompson d. Written testimony:None e. Staff presenting application: Joseph Dodson f Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None Page 8 Page 277 EEI VIL EXHIBITS A. Preliminary Plat(dated: 09/28/2020) Wad r •311 Idnojp luewdOIBAOU 41AOMSPOM UO!S!A!pqnS ue!p!jaw qpomspem AN 11 to all: 11 41 11 JE T-- IRV -Lop" 'Iayi M ROW: N I h "I A J�U i qjk A 1 .4 IT M, i Nl F Alill -M ANN 4 IV `--45 �1 Page 9 EEI Item#12. B. Updated Site Plan(date: 11/13/2020) Z O a U U z OJ 8 aJ w r.+ \ W Q� �U =' 1 W Z $ 0 W cm9 iOr - \�� a e � III +I j� lf � 1 I 4 I w i(-414- > I I 11 II g I --- - a I I I n�1 III I I I 'I avreP secxn , I I ---------------------- ---------- = I I I I li I Page 10 Page 279 C. Landscape Plans(date: 10/09/2020) IL C2 P-b AH dnojq jU9WdOj9A9[j qIJOMSPUM e3 non oNv m3usn iv sNowwo3 mon a H NE I�t 12 AM5 gg Q IN i R H R ON o-I 4 R CL U. Page I I Item#12. public access easement. Easement checklist must accompany all easement submittals. Coordinate with Kim Warren from the City of Meridian Parks Department. 13. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. 1.2 The geotechnical investigative report prepared by Material Testing&Inspection dated July 25,2019 indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure structural integrity. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 13 Page 282 Item#12. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services.Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. Page 14 Page 283 Item#12. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT(MFD) hyps://weblink.meridianciU.or,g/WebLink/DocView.aspx?id=215566&dbid=0&repo=Meridian C ky D. POLICE DEPARTMENT(MPD) https://weblink.meridianciU.or,glWebLinkIDocView.aspx?id=216305&dbid=0&repo=MeridianC hty E. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https://weblink.meridianciU.or lWebLink/DocView.aspx?id=215841&dbid=0&repo=MeridianC hty F. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancily.orglWebLinkIDocView.aspx?id=216454&dbid=0&repo=MeridianC ity IX. FINDINGS A. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed plat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan regarding land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan policies and analysis in, Section V of this report for more information) Page 15 Page 284 Item#12. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis but has not provided comments at this time. 6. The development preserves significant natural,scenic or historic features. City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 16 Page 285 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Charles and Vickie Richardson (Owners) and Bruce Hessing, HessComm Corp. (Developer) for Teakwood Place Subdivision (H-2020-0006) Page 286 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2, Charles and Vickie Richardson, Owners 3. Bruce Hessing, Hesscomm Corp., Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 5th day of January , 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 Charles and Vickie Richardson,whose address is 1835 E.Victory Road, Meridian, ID 83646, hereinafter called OWNERS, and Bruce Hessing, HessComm Corp.,whose address is 6700 Linder Road, Meridian, ID 83646 hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owners are the sole owners,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code § 67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owners and/or Developer submitted an application for annexation of 7.35 acres of land with a R-8 (Medium Density Residential) zoning districts of 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 1.5 WHEREAS, Owners and/or/Developer made representations at the public hearings 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 DEVELOPMENT AGREEMENT-TEAKWOOD PLACE SUBDMSION(H-2020-0006) PAGE 1 OF 8 Item#13. 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction:, and includes further testimony and comment; and 1.7 WHEREAS, on the 1st day of December, 2020, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS,the Findings require the Owners and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owners and/or Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owners and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as hollows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue,Meridian, Idaho 83642. 3.2 OWNERS: means and refers to Charles and Vickie Richardson, whose address is 1835 E. Victory Road, Meridian, ID 83646 hereinafter called OWNERS,the party that owns said Property and shall include any subsequent owner(s) of the Property. DEVELaPMFNT AGREEMENT—TEAKwooD PLACE SUBDMSION(H-2020-0006) PAGE 2 of 8 Page 288 Item#13. 3.3 DEVELOPER: means and refers to Bruce Hessing, HessComm Corp., whose address is 6700 Linder Road, Meridian, ID 83646, hereinafter called DEVELOPER,the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan, open space exhibit and conceptual building elevations included in Section VII of the Staff Report that is attached to the Findings of Fact and Conclusions attached hereto as Exhibit `B". b. If the existing home is to remain., the home shall connect to city services upon development. c. The existing home shall close its driveway access to E. Victory Rd and take access from E. Fathom Street with development of the Subdivision. d. The future 10-foot multi-use pathway shall be constructed at such time that Lot 2, Block 2 is either redeveloped or subdivided in the future in accord with DUC 11-3A-8 and UDC 11-3B-12. The Applicant shall submit a public access easement for the future multi-use pathway partially located on Lot 2,Block 2. Submit casements to the Planning Division for Council approval and subsequent recordation. The easement may be a minimum of ten(10)fee wide, as offset from the northeast property line(s). Use standard City template for public access easement. Coordinate with Kim Warren from the City of Meridian Parks Department. e. All street frontage improvements and landscaping along E. Victory Rd shall be constructed with phase 1 of the development. £ This development shall provide no less than 37,842 square feet, or 11.82% of qualified open space. DEVELOPMENTAGAEFMFNT—TEAKWOOD PLACF SUBDIVISION(H-2O20-0006) P.AG17 3 of 8 Page 289 Item#13. g. The emergency access on Lot 1,Block 2 shall be constructed prior to any issuance of Certificate of Occupancy. I All homes constructed in this subdivision shall be constructed with slab-on-grade _ foundations instead of with crawl spaces. i. All stormwater detention facilities shall be designed to completely drain within a 12- hour period. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owners and/or Developer's default of this Agreement,Owners and/or Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2, Owner and/or Developer shall be decmed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer,or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT—TEAKWOOD PLACE SuBDTvisIoN(H-2020-0006) PAGE 4 OF 8 Page 290 Item#13. 7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owner and/or Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10, ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits, certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to provide, if required by the City. 12, CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E.Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian,Idaho 83642 DEVELOPMENT AGREEMENT—TEAKwooD PLACE SUBDIVISION(H-2020-0006) PAGE 5 OF 8 Page 291 Item#13. OWNERS: DEVELOPER: Charles and Vickie Richardson Bruce Hessing, HessComm Corp. 1835 E. Victory Road 6700 Linder Road Meridian, ID 83646 Meridian., ID 83646 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 be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any wayprevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed, City agrees,upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third 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 and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or DEVELOPMENT ACREEMENT—TEAKWOOD PLACE SUBDIVISION(H-2020-0006) PAGE 6 OF 8 Page 292 Item#13. addition to this Agreement shaII be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public bearing(s)in accordance with the notice provisions provided far 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] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: DEVELOPER: Hesscomm Corp. Chimes Richardson By:Bruce Hessing4� Its: , � e�rc�.e 4f !�Zl- Wickiea son CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson,City Clerk DEvo.oPMENT AcREHMENT-TEAKwaoD PLACE SUBDPaSION(H-2020-0006) PAGE 7 op 8 Page 293 STATE OF Idaho ) ss: County of Ada y } On this I day f l 2020,before me,the undersigned,a Notary Public in and for said State, ersonally appeared Charles Richardson]mown or identified tome to be the person who signed above and acknowledged me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and atfixed My afTciak seal today and year in this i,t L] O ertificate OOT ,k +,� Notary Public or 0�. ' NOTARY r'UBU(L Residing at: u; (r a7 A.'r.'.. OF IDAHO My Commission E pires: SUP tiJ TATE O id 55: ;j of Ada } On this �� daya 2020,before me,the undersigned,a Notary Public in and far said State, ersonally appeared Vickie Richardson known or identified to me to be the person who signed above and acknowledged o me that eecuted the same. _r NESS WHEREOF,I have hereunto set my hand and a €d-tfiy official seal the ay and year in this certificate first above ri e . PAMELA DRAPER COMMISSION #27738 Notary Publi r NOTARY PUBLIC Residing at: STATE OF IDAHO My Commission Ex Tres: S ) ss: County of Ada } On this V".day of'DICEMA 2020,beturc me,the undersi ed,a Notary Public in and for said State, personally appeared Bruce Ressing known or identified to me to be r +- ofHesscomm Corp.,and the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF,i� hereunto set my hand and affixed my official seal the day and year in this certificate:first above written. �as�A5 �aJ9"'s �y �Q Uf a fl Notary Public fOr _ $']1� a Residing at: l'UY) My Commission Expires: 02 d2� STATE OF IDAH0 County of Ada ) '9'tttt3134'`� On this 5th day n, anuary 2021 before me,allotary Public,personally appeared Robert E. Shnison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public id4hi Residing at: enaan, Idaho Commission expires' 3-28-2022 PAGE 8 OF 8 Page 294 Item#13. XHIBIT A EXHIBIT DESCRIPTION FOR TEAKWOOD PLACE SUBDIVISION ANNEXATION A parcel of land located in the NW 114 of the NW 114 of Section 29,73N.,R.1 E., B.M„Ada County,Idaho more particularly described as follows: Commencing at the NW corner of said Section 29 from which the N114 corner of said Section 29 bears North 89°59'41"East, 2,680.68 feet; thence along the North boundary line of said Section 29 North 89°59'41"East, 620.22 feet to the REAL POINT OF BEGINNING; thence continuing along said North boundary line North 89°59'41"East,328.84 feet to a point on the approximate centerline of Eight Mile Lateral; thence along the approximate centerline of Eight Mile Lateral the following 2 courses and distances: thence leaving said North boundary line South 04°36'20"East,80.22 feet; thence South 39°10'20"East,71.96 feet, thence leaving said centerline South 00°11'29" East,781.92 feet to a point on the northeasterly boundary line of Tuscany Lakes Subdivision No.2 as filed in Book 94 of Plats at Pages 11,351 through 11,354,records of Ada County, Idaho; thence along said northeasterly boundary line North 73'13'33"West,420.37 feet to the northerly most corner of said Tuscany Lakes Subdivision No.2; thence along the East boundary fine of Tradewinds Subdivision No. 1 as filed in Book 106 of Plats at Pages 14,594 through 14,596,records of Ada County,Idaho and the southerly extension thereof North 00°11'26"West,263,65 feet to the NE corner of Lot 6, Block 2 of said Tradewinds Subdivision No. 1, said point also being on the South boundary line of Lot 5, Block 2 of said Tradewinds Subdivision No. 1; thence along said South boundary line North 89°59'41"East,21.79 feet; thence along the East boundary line of said Tradewinds Subdivision No. 1 and the northerly extension thereof North 00"11'29"West,532.67 feet to the REAL POINT OF BEGINNING. Containing 327,836 square feet or 7.53 acres, more or less. WS �sG ch a 772 �i 2�251t�2`'o OF: 4Y G.C Teakwood Place Subdivision H-2020-0006 Page 295 Item#13. XHIBIT A E, VICTORY RD, BASIS OF BEARING 5.19 5.20 S89'59'41"W 2680.68' 1/'4 S_20 5.30 5.29 620.22' N89'59'41"E 328.84' '�7-31-6-52' 'g,29 I I �RPDB `-�------_ � I S4'36'20"E BLOCK 1 80,22' � 0 O ` S39'10'20"E s 71.96' I \ QC IN I I� II[I � I N BLOCK 2 ly I O 1835 E, VICTORY RD. I I a 327836 s.f. � 7.53 0.c. 4— —-� EL 1 'o m Q I I i vs—� Ip a n I tm a Fm 6 o I t N69'59'41'£ NS QG�pG I 21.79' a 7729 O `a Nr Zj75�h;�O�o I � II a ' 9rB OF� ti©P 4i I I L~� YG.CAS I it © ,N m �4 S m u+ � Q U O 1I1 I I r $LOC r � � k 1 �`� TU'3 NY �� i3 CR C-]24 JOB RO. IDAHO EXHIBIT _ DRAWING FOR a-�u SURVEY 9999h'EMERhL a1 TEAKWOOD PLACE SUBDIVISION ANNEXATION �' "� BOfBF_�AhN�0.]��d r,:odJ d46.0]fC , LLC LCCATEO+M THE Nw Al OF THE NW X OF SCuMN x9,T.A.,RAE..O.M.. DATE GROUP IBA COUNTY,1O MO 2/26/02O Teakwood Place Subdivision H-2020-0006 Page 296 ttem#13. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW � E AND DECISION DECISION & ORDER In the Matter of the Request for Annexation& 'Zoning of 7.35 acres of land with an R-8 zoning district and Preliminary Plat consisting of 22 building lots and 4 common lots for Teakwood Place Subdivision, by Hesscomm,Corp. Case No(s). H-2024-0006 For the City Council Hearing Date of: November 17, 2020(Findings oil December 1,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 17.2020, incorporated by reference) ?, Process Facts(see attached Staff Report for the hearing date of November 17,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of November 17, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 17,2020. 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 (1.C. §67-6503). 2. The Meridian City Cowie iI takes judicial notice of its Unified Development Code codified as Title l 1 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-5A. 4: Due consideration has been given to the commerlt(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval.are imposed. h. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEAKWOOD PLACE SUBDIVISION—FILE#H-2020-0006) -I- Page 297 Item#13. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 17,2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation and Zoning and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 17,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEAKWOOD PLACE SUBDIVISION—FILE#H-2020-0006) -2- Page 298 Item#13. determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). 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 November 17,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEAKWOOD PLACE SUBDIVISION—FILE#H-2020-0006) -3- Page 299 Item#12. By action of the City Council at its regular meeting held on the 1 St day of December 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 E. 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: 12-1-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TEAKWOOD PLACE SUBDIVISION—FILE#H-2020-0006) -4 Page 124 Item#13. EXHI BIT A STAFF REPORT E IDIAN�--- COMMUNITY DEVELOPMENT DEPARTMENT HEARING l 1/17/2020 - Legend DATE: Project Location TO: Mayor&City Council - FROM: Joe Dodson,Associate Planner ` ` 1 Bruce Freckletan, Development e 9 . Services Manager {` _ y. L� - . 208-987-2211 - F SUBJECT: H-2020-0006 -.7 '^ TL Teakwood Place Subdivision - 7. i Ft� LOCATION: The site is located at 1835 E. Victory «` Road, approximately ''/4 mile east of S. Locust Grove Road,in the NW '/4 of the „f:_t NW '/4 of Section 29,Township 3N., Range 1 E. I. PROJECT DESCRIPTION Annexation &zoning of 7.35 acres of land with an R-8 zoning district and preliminary plat consisting of n 22 building lots and 4 common lots,by Hesscornm Corp. II. SUMMARY OF REPORT NOTE: This project was continued by Planning and Zoning Commission on May 7. 2020 to the date of June 4. 2020. Prior to that meeting, the Applicant requested a continttance to afuture date to have more time to address issues presented at the Commission meeting and bl, aft:Staff has received dundep4im whew the This protect was heard by the Planning and Zoning Commission on 711612020 and the Commission recommended denial of'the project to the Meridian City Council. Following this recommendation, the Applicant made a request to the City Council to be remanded hack to P&Z with a revised plat and open space pursuant to comments made within this sta}f report and by Commissioners. The Citk Council agreed with this request and remanded the project hack to P&Z The main changes made b_v the Applicant following the reconamendatian of'denial are related to the open space configuration and the removal of the Victo►v Road access for the existing home. Both topics are discussed and analyzed below in subsequent sections. A. Project Summary Description ❑etails Page Acreage 7.35 acres Future Land Use Designation Medium Density Residential Page l Page 301 Item#13. Descri tion Details I'.ug,e Existing Land Use(s) Residential and Agricultural. Proposed Land Use(s) Residential Lots(#and type;bldg./common) 32 26 total lots-2$22 single-family residential:4 common lots. Phasing Plan(#of phases) Proposed as twe (2)phases one(l)phase. Number of Residential Units(type 2-922 single-family units(including existing home). of units) Density(grass&net) Cross-3:45 2.99 dulac.;Net-5-64 4.77 du/ac. Open Space(acres,total 52,737 393589-45,560 square feet,or 4-24-4J� 1.05 acres Further [%]/buffer/qualified) (42,"Y�- 3 7_84 2 square Feet qualified open space; analysis pg. approximately 13:431809 1.1.82%) 7&S. Amenities _-she,Affl on the_ -Water feature with seating area. Physical Features(waterways, Fighrirtile Creek runs along the northeast corner of the hazards. flood plain,hillside) property. Neighbor1100d meeting date; #of Oct.30,2019-6 attendees, attendees: History(previous approvals) NIA B. Community Metrics Description Details Page Ada County Highway District • Staffreport(ycslno) Yes • Requires ACHD Commission No Action es/no) Access(Arterial/Collectors/State Access is proposed via extension of a local street from the Hw_ylLocal)(Existing and Proposed) west(E. Fathom St.).The existing home is requesting to maintain its access onto E. Victory Road,an arterial.An emergency access is proposed on the western boundary from E. Fathom St.to E. Victory Rd. Traffic Level of Service "F" Stub StreetllnterconnectivitylCross This subdivision's main access is from an existing stub Access street(E. Fathom St.)and is proposing a new stub street to the east for future development and future connectivity. Existing Road Network No Existing Arterial Sidewalks 1 None Buffers Proposed Road Improvements None Distance to nearest City Park{+ 1.6 miles to Renaissanec Park(6.5 acres) size) Fire Service ■ Distance to Fire Station 1.3 miles from Fire Station#4 • Fine Response Time 3:00 minutes under ideal conditions(this meets Meridian's Fire response goal time of5 minutes). ■ Resource Reliability Fire Station#4 reliability is 78%. • Risk Identification Risk Factor 2-residential with hazards(open waterway) ■ Accessibility Proposed project meets all required access,road width,and turnaround requirements. Police Service See Agency Comments(Section VIII.D). Page 2 Page 302 Item#13. Description Details Page West Ada School District • Distance(elem, ms,hs) 0.6 miles to Siena Elementary;3.2 miles to Victory Middle School;2.3 miles to Mountain View High School. • Capacity of Schools Siena Elementary—800;Victory Middle—1000;Mountain View—2268. • #of Students Enrolled Siena Elementary—970;Victory Middle— 1085;Mountain View--2237. Wastewater ■ Distance to Sewer Services Directly adjacent ■ Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer See application ERU's ■ WRRF Declining Balance 13.88 • Project Consistent with WW YES Master Plan/Facility Plan Water ■ Distance to Water Services Directly Adjacent • Pressure.Zone 4 • Estimated Project Water Sec application ERU's ■ Water Quality Concerns None • Project Consistent with Water YES Master Plan ■ Impacts/Concerns None COMPASS (Communities in No comments submitted. Motion 2040 2.0) C. Project Area Maps Future Land Use Map Aerial Map Legend Project Location \ .. .. �Praject Location ■ Medium Density. Residential.::• � Ley�; Low Density I� Residential "� .— AM, r . i B 9 i Mu� y f� 1- 1 +!v►Fi ]+ d r l 1J.1 ANN _ Toning Map Planned Development Map Page 3 Page 303 Item#13. r .. . Legend �T 'r '` Legend ■■■ �t Project Loc::i;:r r ) LEI Project Location 4 R-8 R-4 r. f y ; City Limits t : ?s, Planned Parcels 4 R RUT R-$ L-O RL T fir_ i RUT ' IF '` r l[ar ti RUT R-8 ; III. APPLICANT INFORMATION A. Applicant: Bruce Hessing, Hesscomin Corp.—6700 Linder Rd.,Meridian, ID 83646 B. Owner: Charles&Vickie Richardson— 1835 E.Victory Rd.,Meridian, I❑ 83646 C. Representative: Leavitt&Associates Engineers,Inc.— 1324 1"St. South,Nampa ID, 83651 IV. NOTICING Planning& Zoning I City Council I Posting Date Posting Date Newspaper Notification ^I1,�rW202 9/25/2020 10/30/2020 Radius notification mailed to ^""Y '-,- 2 9/23/2020 10/30/2020 properties within 300 feet Site Posting 417402 a 10/1/2020 11/4/2020 Nextdoor posting 4A4/2028 9/23/2020 10/30/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianci&.orglcompplan) Medium Density Residential—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school,or land dedicated for public services, The annexation area is near existing public services and not on the periphery of corporate city limits; existing City of Meridian zoning and development lay to its west, north, And south. The proposed land use of single family residential is consistent with the recommended uses in the FL UM designation. The proposed project has a gross density off 2.99 dulac and a net density Page 4 - Page 304 Item#13. gfS.64-4.22 duJac, ►neeting the required density range listed above once the allowed roundigg ocCttrs. T6ter efor e, Stqf Ifinds the purposed prelinzinan'plat and requested R-8 zoning district to be generall},consistent with the Future Land Use Map designation of Medium Density Residential. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-65 11 A. In order to ensure the site develops as proposed with this application,staff recommends a ❑A as a provision of annexation with the provisions included in Section VIII.A 1. The DA is required to be signed by the property owners)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. B. Comprehensive Plan Policies (https;Iltvii,it?.nzeridio?icitl,.oi-glcompplan): (Staff analysis is in italics after the cited policy) "With new subdivision plats, require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities"(2.02.0 l A). This new subdivision and plat o fers additional pedestrian connection via al tac'hed sidewalks on the proposed local street extensions, and open space, .-•�'�n:y but does not olLer anv new pathway connections at this thne._Instead. the Applicant is rtotiti°proposing an easement for a fittur•e multi-arse pathwav section. The Applicant is proposing open space that is better connected and usable as now proposed. This open space is also proposed with a}inter feature and.seating which is seen as a quality,anmenio!for this developnaerzt. With all of the sidewalk-connections proposed with this small development. Stafl' finds that there will be adequate access to schools and parks for those who choose not to drive. In additional a=.V yg ' Nktff-& r "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 readily available to this project site Clue to the existing subdivision to the nest.ACHD notes the excessive traffic that alreadt,exists on E. Victory Rd and nearby intersections but has also noted in their staff report(see Section V111.11) the lour,number ofestimated vehicle tripc_fi•orn this subdivision ivill not require additional mitigation or road improvements. West Ada School District has offered comments on this project regarding school enrollment ,,. r iop u -Mg tig ,r.,;-i9f4ghial Wier a..a West Ada estimates 22 school age children will reside in this development. However, Staff has received letters from West Ada on more recent proiects and Sienna Elementary and Victory Middle are now shown as overcapacity. Sid is aware of the overall overcrowding issues facing nearby public schools, however, the lmv number ofschool age children expected in this development should be easih,absorbed in the district. School enrollment numbers of the closest schools to this development are listed above in Page 5 - Page 305 Item#13. the Communhy Metrics section of this stqff report-and a table outlining recent historic and macro level data regarding school enrollment is part of the Agenclf Comments of the public record(.see Section MO). "F,rncourage infill development"(3.03.01 E). Tea4-rvood Place Subdivision is on the cusp of'being an infill development by definition. Stafffnds that the already annexed and developed properties residing to the north, west, and south►nake development ref this property a logical and orderly progression of City limits, In addition, all public utilities and services are readily available for this subdivision including planned road improvements at the nearby intersection of E. Victory and S. Locust Grove. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices"(3.07.01 A). The site design of this prgject proposes density that niaieh is lower than the subdivision to the west and is ' at the mininzunz densiq-allowed in the underlying FLUM designation a Medium Density Residential. The subdivision to the south is of lower density Zoning(R-4) but the Applicant has proposed lots with a nralority of lot sizes that are more in litre ivith the R-4 zoning district. _ , , Arm Therefore, the revised plat offers a transition f•om existing developments of higher density,to this subdivision and other comyyy zoned parcels. The Applicant has also changed the location of the proposed open space and is now,in the southeast corner of the site and abuts the backyards off' some of the existing homes in Tuscany Lakes. "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements,access management, and frontagelbackage roads,and promoting local and collector street connectivity"(6.01.02B).Access into this subdivision is through an existing and developed subdivision (Tradewinds Sub.) via an extension pf'a local street (E. Fathom Street). This will mean one less additional access point err to E. Kictory Road Reads, an arterial streets. & L There ore, the proposed plat is ystqg existing street networks for interconneetivih,and meeting this policy by reducing access points to arterial streets. C. Existing Structures/Site Improvements: There is an existing home on this parcel that is proposed to remain„Htil Phase 2 devek3ps and reside on its own building_lot. In addition to the home,a number of accessory structures and two large barns currently exist. The largest barn that resides towards the southern part of the parcel will be removed upon development of Phase and the pole barn closest to the existing home will remain until Pliase 2 ao o'...w,o.. All structures can be seen on the submitted plat and landscape plans. . Am, .structures that remain on the property must coinply with the dimensional standards of the R-8 gone or be removed. The existing access to Victory,Road is analyiced helow in Section V F- D, Proposed Use Analysis: Detached single-family residential homes with local streets within the development and a new stub street to the east are being proposed. Single-family detached dwellings are listed as a principally permitted use in the R-S zoning district per UDC Table 11-2A-2. Page 6 - Page 306 Item#13. This subdivision is proposed to be developed in*%,n("phases one phase. phase will provide all publie sh-eeis and 24 of the-29 proposed building lots. The existing hom proposed to rernain until Phase 2 developnient and theft afi additional 4 bUildingS WSWill be developed with aecesses onto the local street within the development and not onto H. Victory Rd-. According to the revised plat.Tthe minimum property size in this development is approximately 4-,W 4-484 4,94Q square feet with an average buildable lot size of approximately' 10,318 square feet. In addition,each buildable lot appears to meet the rninimurn street frontage requirements, includin by providing no less than 30 feet of frontage for those lots that front on a curve or cul-de-sac. Therefore,according to the preliminary plat,all lots appear to meet the required UDC dimensional standards for the requested R-8 zoning district. L. Dimensional Standards(UDC 11-2): All proposed lots and public streets appear to meeta4-UDC dimensional standards per the submitted preliminary plat for the requested R-8 zoning.=district. This includes property sizes, required street frontages,and road widths. In addition,all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC 1 1-6C-3)~the pf:opesed revised preliminary plat adheres to the standards therein. F. Access(UDC 11-3A-3): Access is proposed via extension of a local street from the west(E. Fathom St.).The existing home is niaintain its aeoess anto E. Vietery Read,mi af4erial now proposing to take access from this local street. In addition,an emergency access is proposed on the northwestern boundary connecting from E. Victory Rd. south to E. Fathom St. � Met,have ameot F qeeesA d Role the !ow. mber. /'.,.,L..Fr a Pi a hanfe. t � oeie eiws flea!*the e*-mfh*lrceess_does opof el se ofihe t r e of enf, may newr be elosett With the original submittal, the current borne owners (Ihat are 10 remain On the property .follotivigg developmenl)Muested to mainlrlin their access to E. Victota7 Road. This r•eguest tivas not supported by Staff or the Planning&Zoning Commission and was a factor in the Commission's recommendation o0enial to the On,Council. Following this recommendation, the homeovvners agreed to close their access to Victory and instead take accessfrorn E. Fathom Street as recommended by Stahl. The plat has been revised to shon,1his internal access via a 1?- .foot ii4de driyeryay connection. Staff has had conversations with the Meridian Fire Departrrmenl and there is a desire far•this paved access to be.sligigh,wider to accommodate etnetgenci response vehicles if a need were ever to arise. Therefore, Staff is recominendit2g a condition of uproval to amend the plat to shoit,at least a 15-foot wide d_rivelvay conlrection. The Applicant has also proposed an emergency-only access epi6,d-04•.im•.v that canneets E. Fathow St. to E. 1, cloy v Road. E, Fathom! St. is the only access into this development and therelar•e, Stq/f is recorrrrnending a DA provision that the emzergenct'access Page 7 — - Page 307 Item#13. be corzstrzrcted pr7or to any issuance of Cer ti ftcate of Occuparrcv,r0-v,; nx,Ye 1 441,ety this is conunensurate with the condition of approval from the Meridian Fire Depa►-tment(see Section VIII.A1). Access far this subdi►ision must go through the existing local street stub to its west. E. Fathom Street, because it is a lesser classi Lied street than Victory, an arterial street. This is consistent with both Meridian comprehensive plan policies(as outlined above], UDC 11-3A-3, and with CHD district po[icu-An additional factar_of'note is that Victory Road is ab eadyaili�zg as a 3- lane arterial street and eany additional direct trafflic•iA,ould exacerbate[lie problem. The piWosecl de>elopment is projected to generate tninimal peak hour vehicle trips,which shouts that there will be rnininral impact to Locust Grove, the arterial that Tr•adewinds Subdii,ision connects to and subsequently where Teakvi7ood Place would get to an arterial street. Public input has depicted Locust Grove as a busy street during peak hours do to the roadways frtiling north and east of the Locust Grove and Vino),intersection. This intersection is in the ACHD Integrated Fine Year Work Plan to be conurerted to a roundabout and Locust Grove tiifill be widened to free (5)Junes. These two changes will have a cascading effect and increase traffic flows south of this intersection inclutdhig the point of ingresslegress for these two subdivisions.A11 of these factors matter in Stuff supporting the access'f r Teakwood via E. Fathom Street and out to Loci►st Grove. Pedestrian access in the development ivill be via extensions of5-feat attached sidewalks on all local streets. ° niie,.a path kw.,,Mat °•• • ;i fft to 'Tire enrergenc_v access road ii ll also fi.rnction as a pathivak and connects the, sidewalks on the proposed extension of'E. Fathom St. to E. Victon�Road. st-does_neo lae-e ni,u.r ..",1,e on proposer,r•rr'.v.. , ..., rn If the applicant constructs the required ont a improvements aloe .� Victory,Rel. and Prohibits vehicular access to said roadwav in accord 114th UDC 11-3A!3• this pedestrian connection is a valuable addition to the development. .fad sieoi A , o i ee4 „„ t'' a -- - ---- 14A the Moge open'THee--- "- -- - r " e elo -- --- A addition, because the Applicant is adding five feet of landscaping on each side Of the 20 foot 1.t ide emery_eney access, Me area of this common lot counts towards qualified open.space. G. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. No parking plan was submitted with the application. One of the revisions made by the applicant is changi►Zg the type of eid-de-sac proposed in the south end of the development. The new plan.shows a larger cul-de-sac that has a 57 foot radites. The Iatger radius turnaround allows an additional 9-feet of_paveinent in the cud-de-sac which then allows on street parking. The perimeter of the cul-de-sac that can be parked on (perimeter minus driveival,curb cuts)is now approximately 200 feet which can accommodate approximately, 8 on street parking spaces. The true amount of cars that could he parked within the cul-de-sac is uuJzolly dependent on the sice of'tJze m1licles being parked. Therefore Staff',estimates are based on general calculations and include the UDC noted parallel parking,space dimension oL23;feet long. Some vehicles may take up more or less that;this value. H. Pathways (UDC IIJA-8): A 10-foot wide multi-use pathway easement is being proposed along Eightmile Creek at the northeast boundary of the subdivision instead of building the actual pathway at this time.itf Page S — Page 308 Item#13. phase.aeeer-d with the Metidian Path%vays Master-Rlafi; its development is Pfflpesed with Phase 2 a the exisiing heme will be fvmeyed in the same The Applicant is proposing this as an easement that is partially located within the irrigation district easement for future development by the City. The logic behind this is two-fold: 1)to minimize the impact to the homeowner who is remaining on the property since the pathway would encroach into their back porch if it were entirely on this subject property and,perhaps more imperative to city code, 2)to not construct a pathway that would lead to nowhere for the foreseeable future since adjacent county property owners have shown little intention on redeveloping in the near future. The applieant the 10 feet multi use pathway be leeated with a 14 feet wide publie pedestf ion c r Bt at4aehed side,alli: , idiin OW EIL-ValEIPF eHt.Sol f is supportive ofpt•ovidirtg an easement that is shared between this properly and the bilgation district to be constructed at a later date. StalLhas spoken with the irrigation district and they are supportive of the easement so long as they have the,space for their 18_L foot iv de access road. The pathway easen_se►tt shall extend_north into landscape httei-ulagg E. Victoa,Road to nrayide Lor connection fi•om the future Eight Mile Pathwav to the sidewalk at Victory Road. Due to contact and space limitations, the easement may be a rrtirtimtrrrz ol 1D'wide, as of setfi orra the trnttlaeastproperry lirre(s). (Ais•will proiride enough additional w4dth ad acent to the irrigation easement to allow for�uture construction Of pathwaii fence, and irrigation access road). The Applicant is shoiWrtg compliance with this on their revised plat. To ensure this small pathway section is built in the li:tture, Staff is t•ecornmending a DA pt•ovision Mat the multi-use patlnvav shall be constructed when the lot with the ezistang home is t edeirelaped or,suhdiOded in the future. [. Sidewalks(UDC 11-3A-17): Five (5)foot attached sidewalks are proposed along all internal local streets, in accord with the standards listed in UDC 11-3A-17.Nonnally, a five-foot wide detached sidewalk is required to be constructed with the required frontage improvements along Victory Road. However,due to there being no sidewalks abutting the site to the east or west along Victory Road and the frontage is less than 300 linear feet, Staff can allow the sidewalk to be attached along the frontage. The Applicant is proposing to construct 7-foot attached sidewalk along the entire Victory Road street frontage with this revised 121at and within ACHD right-of-way. This meets the intent and prescriptive standards of UDC 11_-3A-17_and ACHD requirements outlined in their staff report. J. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to E. Victory Rd., an arterial street, landscaped per the standards listed in UDC I 1-3B-7C. A 25-foot wide landscape buffer easement eefflffleA lot IS depleted on the plat. eti?-6m . arvif�:.�tr+z lot WWI the-home-criux a-rariiiriirmR),; this common lot also houses the proposed multi use pathway that will run along Hightmile Cr-eek. The eeFreet number-of tFees appeaF it)be shawn on!he submitled landscape plans(see Seeiiati VII,F-) and is proposed with a removal of eight(8) existing trees and to keep five (5)of the existing trees. UDC requires that landscape buffers for residential developments be placed in a common lot owned and maintained by a homeowner's association and also offers Applicants the opportunity to provide the buffer within an easement if the existing home will not be subject to the CC&rs of the subdivision through the Alternative Compliance process.Therefore, Staff is recommending -- - Page 4 - Page 309 Item#13. a condition of approval to place the buffer in a common lot or apply for Alternative Compliance with the Final Plat submittal to place the buffer within an easement. In addition, UDC requires that trees be spaced at a density of one tree per thirty five(35;) linear feet(UDC 11- 3B-7C.2). Because the existing trees that are to remain are bunched together on the site,they do not meet this requirement. Compliance with this code section is required and in order to comply, Staff recommends adding two(2)additional trees to the east half of the landscape buffer.These additional trees.spaced correctly.would add to the buffer and help the Applicant meet the landscaping requirements. Furthermore,landscape buffers are also required to he vegetated with shrubs, lawn, or other vegetative ground cover for at least 70% of the area at the time of plant maturity.with mulch used under and around the plants IUDC 11-3B-5N).The landscape plans do not show compliance with this requirement and should be corrected prior to the City Council heanng. The a1319keant states that the existing and matury Spruce tfeefdgong Victo .Road wo ul d have 1..4,.,re-:.mod in..,.der io c pst- „e-I the f; 'rerneirts with-a „tl :.la Vic4sr-y Road en am,adiaeef4pefe alp :Phepefbte,the A l: H4: veekfeS6%j4 th r Subdivides ifi!he 44,ufe. hands6ap ing is r-equir-ed along al:1 pathways (i neluding mi efe pathways) in accord wi!h flie Pee,ommendfiiC:4y Goufleil r-eEmir-e the fi-7entage at a later-date when this!at r-edeymo� 8' Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. The total square footage of common open space should be eer-.eeted i~ the and the required number of trees to demonstrate compliance with UDC standards is shown in the Landscape Calculations table. K. Qualified Open Space(UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 1 I-3G-3B is required. Based on the proposed plat of 7.35 acres,a minimum of 0.74 acres of cone non open space should he provided. According to the Applicant's provided open space exhibit(Exhibit VII.D), the Applicant is proposing approximately 52,q3 7.3�88-45,560 square feet rer '.21 °t�'M=er'of open space (or- '6 A?.i'! ^{0='with 37,942 square feet(or 1 1.82%°overall)of this area shown as qualified open space. The qualified open space consistsine of ,common lots with open space,and half of the arterial street buffer to E, Victory Rd. The pplican 's open ° The open space is primarily_proposed as two common open lots with one residing in the very southeast corner of the site and one more centralized but smaller lot that contains the required amenity. The open space is to be available at the time of development as the project is no longer being phased. across both phases with most provided in Phase 1 However, Staff notes!hat(he open space ealetilation appears to dupheate area " F J include !he paved emeFgeney iteeess and does not remove the paved area ft-em etii de sae 04 Page 10 Page 310 Item#13. dr fiet e tim 4r.wa fds space,any open q ualifyinor- o4-. The ua]ified open s ace is comprised of three (3)common lots (Lot 1 Block 2, Lot 7 Black 2, and Lot l I Block 1)that are 4,410, 7-,-7-0514,012 (including the temporary turnaround), and 20,555 square feet in size, respectively. Ali lots appear to meet UDC requirements to count towards qualified open space. The less Followinz the Commission meeting and the issues that were presenter, the Apl)licalzt revised the Qpen space to address Stal�'co�nnzents regarding the temporary turnaround lot and the lack of corm► oily o0he open space. The A plicant has now reco►7figured the building loll to allots jbr common open space to connect fi-om the cul-de-sac in the south of'the property to the►seiv east- west stub street while also inemporating a tnicro patlnvgy connection on this lot. StatLf ids that this pen space confi-gyration better connects the two main open space lots'within the developrttent. r'r1're'.n eg"llive-th?m,the Rdidetwl-cvi i5. 12►,ek t iwo of ri, oven Ltm � to Thfie, „ki. ..�r, this ►w li- .►1.ven Sta rncls that the prqposed open s ace meets the►ninimunr requirements- u the qualified Open spoee qualt Page 1 i Page 311 Item#13. �: flM Ohe usable open space and Men pfoitid-e&W;vA a rMsed open spa L. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat(7.35 acres),a minimum of one(1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The .,.pli,ant has BEA proposed ene (1)qualified amenit�-I,a 10 feet mmki use pathway.This amenity meats does f164 The Applicant has proposed one (1)qualifying site amenity_ within the central open space lot,a water feature with benches around it.The Applicant is also proposing a micro-path through this open space lot to increase pedestrian connectivity between the open space Iots despite it not counting as a qualified amenity. Staff appreciates this added connection so that everyone in the development has easy sidewalk access to the water feature and seating area. �.: ...1. WaFsept as trill, ____ , M, Waterways(UDC" 11-3A-6); The Eightmile Creek is a protected waterway and runs along the northeast corner boundary of this development but is not on the subject parcel. The applicant is proposing to add a I0-foot multi- use pathway easement both outside of its easement and partially within it as pyojee .�a future extension of the multi-use pathway system. Because Eightmile Creek is not on this site,there can be no requirement to tile the waterway. In addition. Eightmile Creek is a protected waterway,it and must remain open regardless. with deve'opment of this site. No N. Fencing(UDC 11-3.4-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC I I-3A-7. Fencing is proposed as shown on the landscape plan and appears to meet UDC requirements. shall be e0ffegted per the EOF468HS 1 i5ted iH thili Stag f epeA(See See6an V111.3) fer-4he lots abut4iRg then '_ - pathway. in addition, open vision fencing along the proposed pathway facing Eightmile Creel( naeefoRiaoopen spaeeed Q. Building Elevations(UDC I1-3A-19 1 Architectural Standards Manual): The Applicant has submitted sample elevations of the single-family homes for this project(see Section VILE). The single-family homes are depicted as mostly single-story structures with a variety of finish materials with stone, stucco,and lap-siding combinations. Some homes depict extra-large spaces for at-home RV storage. All single-family homes appear to meet design and architectural standards. Page 1 Page 312 Item#13. Vl. DECISION A. Staff: Staff reconunends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat with the conditions noted in Section VI1I.A per the findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on October 15, 2020. At the public hearing,the Commission moved to recommend approval of the subiect Annexation and Zoning and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Dan Lardie,P_roLect Engineer h. In opposition: Sandy Blaser. neighbor. c, Commenting: Dan Lardie; Sandy Blaser d. Written testimony: All written testimony was meant for older hearing dates but highlighted the similar issues of the proposed access point through Tradewinds hei st of homes abutting Tradewinds,and site drainage concerns. e. Staff presenting application: Joseph Dodson f. Other Staff commenting on application: None 2_ Key issues)pt public testimony: a. Concerns over increased traffic through the singular access through Tradewinds subdivision; h. Height of hoynes adjacent to Tradewinds; and C. Site drainage issues due to high aroundwatcr. 3. Key issue(s) of discussion by Commission: a. The changes since the previous hearing are appreciated in that they show a commitment to listening to the required changes and.concerns of both Staff and Commission, b. How will the elevations shown fit onto the proposed lots--concern over if they will be what actually gets built; C. Commission is concerned with the viability of the aoundwater numbers and hope new numbers can be obtained—Staff received new data from the Applicant that has resulted in the Land.Development team updating their conditions of approval to accommodate higher groundwater see condition V Ill.B.1.2• f�_ Commission changes]to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. Applicant has not pray& updated elevations per the request of the Commission. C. City Council: The Meridian_City Council heard these.items on November 1I,�— Atth-e,—Xb c hearing,the Ca_unci1 moved to approve the subject Annexation and Zoning and Preliminau Plat requests. I. S3amrt7ary of the City Council public hearing: a. Ufa ox:. athw_Portc_r,_i�ieet_En—&-wr lz In gppQsiti❑n:Nom �mmentints:l�lh�P�rtex W_ritten ltst pn T �iecg&n�ttcn_t tes- -ae-s ite d�cus the lame ias=PM$ nted dwj-ng tshc-Rk ' m-and-Zoning-Qu,rais mwDs irw,-nRLgdAbom, SLiff pre mwigAnplieation:JDz;R Q&or6_A S QL lat a planner f, 9tbLer Stiff commentrion ap i Sim Bruce Freckleton: Bill Nark, 2. Key_issue(s �ulie testimony_: Page 13 Page 313 Item#13. a� None I _Key issue(s)of discussion by City,Council_ Ther9tnts�z �nraiedth�_P__i_arrnirtCaninQmmisin_a well as the aeugh o d'ng subdivision re,sidents, how do e dated groundwater num ffs-aftect the subject application and futurc construction of the homes; b. The-more technical aspects of the stew!Me of starmwater retention basin in_comparison to th�reviQ4q""p sad subterranean c of retenti❑n pond �, Th��r�V�1��atiQn�f�er,�g�__ascsi_�ide�a11�4�¢Victot��a�tta�h�d�z�t� ie-t ac xt-Qf 5taf-s-aH9wauce far the sUm Wk Q_be axluUd_—AC HD -plans to construct the sidewalk as-part of the scheduled roundabout improvements at the i �ersection of t pave d Y to i _�icoion-of sWmW Lw-RI-br�couranwted with that.prqiect.andn+Qby th�An l d_ Whethor the-u,mitted elevations will be what is general]V C�nstructcd-and_r��ere n� new-eleyations-submitted per-h =The_Appiieant_statcd to su$t�itt "l y on c_accut emend rya nee_tn Y nr -o_f_ft.gara 4 _s rcm_Qy�b W are Menerally the materials and style of homes that will be constructed. e. Will any irrigahotLtWnaus thrnughh.ft-site.oracrmthc_aitc.hc.disturb; —Annlicantslium no existing irrigation will be disturb 4. council change(s)to Commission recommendation: a, Add.a DA�rovisiQnthat allf�t�ar�hQxaess�f_this��bdi►Li�iQn 1�e�ansct�ctcd�ith�lab_an gra&e founti9ns, 12 Ad-d�PA.px��i�on th�t�i.�n�nyv_atc�dtati�n_fa�itie�.b��esi.��io�9�t�l�tel�r.drair� x+i_thin a-l�haur nexis�l: Add cvndition of�a royal that the Applicant and Staff:at the time of Final Plat submittal. work together t�d�tenait-�e_th�be�t�our_s�ofiar��he req�ix�cl-sd�alk�Lox�t1� Yictoa Road frQota —fie. cn5 P,,iLc 14 Page 314 Item#13. YII. EXHIBITS A. Annexation Legal Description and Exhibit Map EXHIBIT DESCRIPTION FOR TEAKWOOD PLACE SUBDIVISION ANNEXATION A parcel of land located in the NW 114 of the NW 114 of Section 29,T.3N.,R.1E., B.M.,Ada County, Idaho more particularly described as follows: Commencing at the NW comer of said Section 29 from which the N114 comer of said Section 29 bears North 89°59'41"East,2,680.68 feet; thence along the North boundary line of said Section 29 North 89°59'41"East, 620.22 feet to the REAL POINT OF BEGINNING; thence continuing along said North boundary line North 89'59'41"East.328.84 feet to a point on the approximate centerline of Eight Mile Lateral; thence along the approximate centerline of Eight Mile Lateral the following 2 courses and distances: thence leaving said North boundary line South 04°36'20"East,80.22 feet; thence South 39°10'20"East,71.96 feet; thence leaving said centerline South 00'11'29"East,781.92 feet to a point on the northeasterly boundary line of Tuscany Lakes Subdivision No.2 as filed in Book 94 of Plats at Pages 11,351 through 11,364, records of Ada County, Idaho; thence along said northeasterly boundary line North 7Y1333"West,420.37 feet to the northerly most corner of said Tuscany Lakes Subdivision No.2; thence along the East boundary line of Tradewinds Subdivision No. 1 as filed in Book 106 of Plats at Pages 14,594 through 14,596, records of Ada County, Idaho and the southerly extension thereof North 00'1 T26"West, 263.65 feet to the NE corner of Lot 6, Block 2 of said Tradewinds Subdivision No. 1,said point also being on the South boundary line of Lot 5, Block 2 of said Tradewinds Subdivision No. 1; thence along said South boundary line North 89°59'41"East, 21.79 feet; thence along the East boundary line of said Tradewinds Subdivision No. 1 and the northerly extension thereof North 00'11'29"West, 532.67 feet to the REAL POINT OF BEGINNING. Containing 327.836 square feet or 7.53 acres,more or less. ENS 'pG a. 7729 sy,7�2S1t°2`a OF Page 15 Page 315 Item#13. E. V1CTpRY Rp, BASIS OF BEARING S.19�S209 S89-59'41"W 2680.68' T� f� /4 #S.26 S.30 B2O.22' N 959'41 E 328.8b' 1711,62' �1r' g.2g RPOB I I 54'3fi'24'E BLOCK 1 80.22' ��c I h� • k S39'10'20'E 'p s - 71.96' I 9� � I 1tp Ihy BLOCK 2 1835 E. VICTORY RD. � I 377836 W ` 7.53 a.G. a a3 I z Im w � a a � L4*a I Jv s` 21,79 Q '] d Ilcl — z a- 7 129 ; I s I 9 I! W g w cn i < U o ; 4 o�K rr -� I 1 vr3js� I �-+S�qM r ® 33'►t'a� � IpkFSsue. I ��,•Na 2g Me 4P. IDAHO EXHIBIT __ DRAWING FOR -ix+ SURVEY , ..,J TEAKWOOD PLACE SUDDIVISION ANNEXATION 'N° GROUP, L LC WGATM w rAE NW X OF rHF nw f SCCnLN 29. T.SN_- 9.Y.. 1wG DA F ADA AH0 2/79/707✓7 Page 16 Page 316 Item#13. B. Preliminary Plat(date: 3/25�20206,12 24N 8/12/2020) vroa aawn�aver H iAylLMs A�IfI ]C-SDII �r UAW,ivanf.s osvel N01 COOA f15 'v'-I _ -- "-;•F 3� d QOQMN413�t nol5inlu91�s37Y13uaQMllYii RRAVI OSSW 1.3 1A S3�b'IaOS91�$1J IAg3l � S•- ! j'P 13 ' �•7ti's F _B;4 a P'��,y'n,a:��1.�'[�9_4'v.h S��ki�i t�t� ,�'�'n r 4,.� . { _'�:� C � Fr !� .$.i p f, ��. :i��_•¢- -- -.�,._k - - - b' �,i! .€ �. ��'. _ P'�'P p. El�ik��j'r'qv � p 4 d��iH.� �'� �i F.� B 1ti�� - �rt•qy[ 3• pp f f f m J 11a-,i X fir. �W •.p,,,�f :,.�..:`-. '__ 3 bra: ILI 1-71 f 71 ; - P-1 �v� l l - W u �-1D � 1-4 f `� c 4 mot _ IF i.' --- 1 41 5yymi r.•x�....i t � �4 p�r�i �1�� s h ' - °°°•°ro•sw.�n�'c ow`k 1°sd 1 - �E - r Page 17 Page 317 Item#13. � bOPk 4i P+q[ �OASY f U*QK olxe no R S�� OgaK YY aAr��Aaa Lqv ave.A R� F w 3 I s ty fiM 1• u I ecia Y O 'er m mm R+] 1� .,IP a1! G nr •a!�1 Al • � �s SSS444 � M•w`I - 4,6 al a! -- Page 18 Page 318 Item#13. C. Landscape Plans(date: 1�23/2020 6/25/2020 W 1 3 nrnn 10/29/2020) tj I I oA��xyyy s r I pis aka a �y I g g I iilei F+ r�Y 4 U] I' �i i I � I �• �.�� ea� Q rn 0 0 1 rya r I .ilk �m II ��1 M. An — I I ez,r, �,I } a I r r � 77 Page 19 Page 319 Item#13. •>mm to 1 I a 3� I It V 0 a o m 1 1 rya a x :III-- ., x f i T M1 en x _ - C] •� i`ice•. ._�. ��. �f ,1 Y Aa °p I � 7 Y ��F� .. •S 2�' � ffi �� ii�� IG`� 'r GO tit [flow 4 �y' =3. -s ••; LCAVITT&ASSOCIATES EAMWOW RACE SI1MUM �. - ENGINEER$•INC. TEAHW000 PLACE 1)6ELOPMEVT EXHIBIT - r_t xra�cruuai'crvu IwscerwMonar. :: ,E surrvarrxu N G.� mrt w.em.m M1'Mox I.jMtWA 1jDAO ME�GIN,b B`.NMfi RENSIOVS PH�xR I��I»q�-�P:� axe.-tt� Page 20 Page 320 Item#13. and iI PLANT acHEDLLE TT•� NMOaLAWIMOVE'NLwry IiDU'R-P.A':O11J1�L LIa =L;*� LANDSCAPE NOTES f, w;31.�r.�,. •+.�.,.- wo w = ym _ W r��:'w ry .......r...•.�_T..�_..r._...�. Y�LrMw re.-Ymas •�9.ai. rx i�®..ai Sri�i•,il�r�°�ir'ir�ia"`'"nnae"`inA o -. . .. _f_�..._ •••_•••• �V pKCr74G1fl,ner pVnlNxi llKlu= Ri^WMVW 6Ti FIAKE o[LUM Page 21 Page 321 Item#13. D. Open Space Exhibit(date: 24/2020 6A g I420 August 2020) _ � �.c �•cc z eea 91w,,,,,�„�,�., xier�x wrr +x_ aanw - ,u s u aaY v�r R f w r ' r �r �a el �NI•E a �S� 11I11��aaa�■ ��l��F ' . � r 3� Page 22 Page 322 Item#13. E. Conceptual Building Elevations s 1� I Page 23 Page 323 Item#13. MEN PW nbc p - r s -� - __.s.a- _ v VIII. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan, open space exhibit,and conceptual building elevations included in Section VII and the provisions contained herein. subdivision with a new aecess to !he pfoposed extension of E. Fathom Street four additional lots as proposed. c. If the existing home is to remain,the home shall connect to city services upon development. with the first phase of development and access shall be provide i 4eRi a Weal stree4, H. Fathom Street-. d. The existing home shall close its driveway access to E. Victory Rd. and take access from E. Fathom Street with development of the subdivision. e. The future 10-foot multi-use pathway shall be constructed at such time that Lot 2,Block 2 is either redeveloped or subdivided in the future, e fdevelopment in accord with UDC 11-3A-8 and UDC 11-313-12. The Applicant shall submit a public access easement for the future multi-use Page 24 Page 324 Item#13. pathway partially located on Lot 2 Block 2. Submit easements to the Plannin Division for Council approval and subsequent recordation.The easement may be a minimum of ten l 10) feet wide,as offset from the northeast property line(s). Use standard City teLnplate for public access easement. Easement checklist must accompany all easement submittals. Coordinate with Kim Warren from the City of Meridian Parks Department. f. All street frontage improvements and landscaping along E. Victory Rd. shall be constructed with Phase 1 of the development. h. This development shall provide no less than 37,842 square feet, or I t.82%,of qualified open s ace. . those lets r abLitt-ifig am. Vi etofy Road,T residential-LrteriaTl-rVad y N'Osses. stop backs, and pop outs),bays banding r.or fin 1 ai nmes matey-i 1 types of aFe .,r Fn- this ivqtt .,t j. The emergency ernergency access on Lot 1 Block 2 shall be constructed prior to an issuance of Certificate of Occupancy_ k. AlL on=-s-c-onstructed inthis subdivision shall be r nnstr�ct��.��lah-on- grade undatIoiis i«ste--a"f-w-ttb-ct WJ-W=5, -- -- - __ 1. All stormwater detention facilities shall be designed to completely drain within 2- The preliminary plat included in Section VILE, and dated 03,125Qr,2064 i�8/12/2020 prepared by Leavitt Associates Engineers, Inc.,shall be revised as follows prior to submittal of the final plat application. a. ReNise the plat to show !he iempofafy cul de sac on the south side of the proposed E. buildable ufitil stieh fifne as E. Riehardson St. is extended. b. Add a note prohibiting direct lot access via E. Victory Road, Lot 2,Block 2 shall take access from E. Fathom St in accord with UDC 11-3A-3. d. The driveway access for the existing home located on Lot 2, Block 2 shall constnrct said driveway access with a width of at least 15-feet in width. e. Add an additional common lot along Victory Road to contain the required 25- fo_ot wide landscape street buffer or apply for Alternative Compliance with final plat submittal to request the buffer to be within an easement. 3. The Iandscape plan included in Section VILC, and dated 11 QQ'2019 64-15 M20 8/13/2020, shall be revised as follows at least 10 days prior to the City Council hearing: Page 25 Page 325 Item#13. a. 3G :33 E. b. The Landseape Plan shall be coFfeeted to r-efleot open vision f�fieifig along all pathways c. The Landseape plan shall he revised to f-efleet a single phase per-the conditions in this d. Revise the Inandseape Plan to show landic-aping along the emei;geney fteeess read eommEm Wt 5, Bloek I Said Wt shall he developed with a 20 -,.;a_� was F f r and five fie o f landscaping on eaoh 5fEIe in accord with UDC- 1 a 2i_ 12. e. f Revise the landscape plan to show the required frontage improvements along E. Victory Road and within its own common lot'Let 2, Bleek 2.This should include_at least two�� more trees on the eastern half of the buffer and the required vegetative ground cover as required in UDC I1-3B-5N and 11-3B-7. Submit a revised plan (electronic copy)to the Mantling Division at least 10 days prior to the City Council hearing. 4. The Open Space Exhibit included in Section VII.D ska4l be revised as fbllews. is approved as submitted. a. open spaee let. b. Corfeet open spaee calculations to reflect conditions of approval eentained herein regaMing qualified open spaee. remove the area of Lo! 19, Bloek 1 ftem any open space- ,1. lati „dseape plan to shot,:a aualifYine site amenitv on one of the 461, 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 1 i-2A-6 for a#the proposed R-8 zoning districts. 7_ Off-street parking is required to be provided in accord with the standards listed in UDC Table 1-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 8. Any structures that remain on the property must comply with the dimensional standards of the R-8 zone or they must be removed. 9. TbPAmlie_ant_Aali_w_Qrk_v-ith staff to determine the best path forward for the required sidewalk along E ViGtnry Road. Page 26 Page 326 Item#13. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 The street naming and addressing of any structures proposed to remain,will change to the new naming and addressing with this subdivision. L2 The geotechnical investigative report prepared by SITE Consulting, LLC,dated December 19,2019,and supplemental update dated October 31, 2020,indicates some very specific construction considerations due to soil conditions that result in perched groundwater. 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. Although� the Geotech report indicates that either traditional crawl spaces or slab on grade foundations are acceptable,it is highly recommended that slab on grade foundations be installed within this development to avoid any groundwater intrusion. This is the best way to eliminate the possibility of water accumulation in crawlspaces. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-5-5. 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 ofMeridian's standard Farms. 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 8112"x 11"map with bearings and distances (marked EXHIBIT B) for review, Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.3 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals, or drains,exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed Page 27 Page 327 Item#13. per UDC I 1-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central.District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place,sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 1 10%will be required for all uncompleted fencing, landscaping,amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review,and construction inspection fees,as determined during the plan review process, prior to the issuance of a plan approval letter. 2,13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.I4 Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.I6 All grading of the site shall be performed in conformance with MCC 1I-12-3H. 117 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. Page 28 - Page 328 Item#13. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting*. A copy of the standards can be found at http:llwww.meri d ianc ity.org/pub f i c_works.asp x?i d=2 72. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years.This surety will be verified by a fine item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:Ilweblink.Ineridianc4,.vrglWebLinklDocView.aspx?id 183649&dbid=0&repo=MeridianC icr D. POLICE DEPARTMENT haps:12weblink.meridianck .arglWebLinklDocView.aspx?id=184717&dbid=O&Cpa=MeridianC t E. PARK'S DEPARTMENT https:lliveblink.tnemidiancity.o►g1WebLinklDoc Viex,,aspx?id=19.1519&dbid=0&repa=Mer-idialiC Lry F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:lAveblink,meridiancity.arglWebLirikIDocViexr,aspx?icy 184507&dbid 0&repa=MeridignC Ltv G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:ll,Afeblit?k.)net-idiai?cite.oiglWebLinklDoc View.aspx?id 184494&dbid=0&repo=Meridian C i t1' H. ADA COUNTY HIGHWAY DISTRICT(ACHD) hugs:llivehlink.meridianetN.omglWebLink/Doc View.aspx?id=185262&dbid=0&repo=Meridian C Page 29 - Page 329 Item#13. 1. WEST DADA SCHOOL DISTRICT(WASD) 1ltips:11weblink.►neridiancity.orglWebLinkJDocView.aspx?id=183904&dbid=O&repo=MeridianC itr, J. COMMUNITY DEVELOPMENT SCHOOL IMPACT REviEw h ttps:ll webl in k.m eri d i an cinl.org1 WebL in klDoc View.aspx?i d=?03 75 7&dhid=O&repo=Meridian C ittr IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall,at the public hearing, review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council.finds the proposed zoning reap amendment to R-8 and subsequent development is consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment will allow_for the development of single- famili,detached homes, which will contribute to the range ofhousing opportunities available within the City consistent with the Comprehensive Plea and the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds the proposed zoning map amendment should not be detrimental to the public health, .safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including,but not limited to,school districts; and Council,finds the proposed zoning map amendment will not result in an adverse impact on the deliven�of services by an}/political subdivision providing public services within the City. 5. The annexation(as applicable.)is in the best interest of city. Council,finds the proposed annexation meets the minimum requirements but is in the hest interest of the City per the Analysis in Section V and with the conditions of approval contained in Section VIII. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminar►• and Final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat, with ,Stajf's recommendations, is in compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian Page 30 Page 330 Item#13. connectivity. (Please see Comprehensive Plan Policies in Section V of this report for more information.) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will he provided to the sul ject proper(y with development. (See Section VIII of the Staff ff Report for-more details,from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their m vn cost, Council.finds that the subdivision will not require the expenditure of capital i►nprovelnent f unds. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of.supporting services for the proposed detivelopnrent based upon comments fro►n the public service providers(i.e..Police, Fite,ACHD, etc.). (See Section YII far►more in forrrration.) 5. The development will not be detrimental to the public health,safety or general welfare; and, Council is not aware of anv health, safety, or environmental problems associated with the platting of this property- ACHD considers road safety issues in their analtsis and approves of the overall project. 6. The development preserves significant natural,scenic or historic features. Council is unaware ref anv.significant natural, scenic or historic,features that exist on this site that require preserving. Page 31 Page 331 Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of ACHD Bid Results for the Eagle Road, Amity Road to Victory Road Project, and Authorization for the Procurement Manager to Issue a Purchase Order in the Amount of$286,536.70 for Utility Improvements Page 332 Mayor Robert E. Simison Item#14. E IDIAN� City Council Members Treg Bernt Joe Borton Public Works I D A H O Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert E. Simison Members of the City Council FROM: Dean Stacey Engineering Project Manager DATE: December 14, 2020 SUBJECT: PURCHASE ORDER FOR$286,536.70 FOR UTILITY IMPROVEMENTS IN CONJUNCTION WITH THE ACHD EAGLE ROAD,AMITY ROAD TO VICTORY ROAD PROJECT. I. RECOMMENDED ACTION A. Move to: Approve a purchase order of$286,536.70 for utility improvements in conjunction with the ACHD Eagle Rd, Amity Rd. to Victory Rd. Project (ACHD Project CT221-03 /City of Meridian Project 10951), according to the Interagency Agreement approved by Council and executed on September 15, 2020 B. Authorize the Procurements Manager to issue a purchase order for a not-to-exceed amount of $286,536.70. 11. DEPARTMENT CONTACT PERSONS Dean Stacey, Engineering Project Manager 208-489-0386 Kyle Radek, Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Dale Bolthouse, Director of Public Works 208-985-1257 III. DESCRIPTION A. Background ACHD is widening Eagle Road between Amity Rd and Victory Rd to five lanes as part of their 2021 roadway program. Per the attached Interagency Agreement, ACHD has included City water, and sewer improvements as part of their project. Also per the Agreement, ACHD has provided a bid abstract for the City's portion of work. With a completed bid abstract, the City must now allocate funds with a Purchase Order. B. Proposed Project This project includes the construction of water and sewer improvements. The water improvements will include adjusting water mains as they conflict with storm drains, adj Page 333 Page I of 2 Item#14. fire hydrant locations, extending the main into Dartmoor subdivision, and adjusting water valve boxes to grade. The sewer improvements include extending the main into Dartmoor subdivision, and adjusting manholes to grade. IV. IMPACT A. Strategic Impact: This project aligns with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. The construction impacts on the residents are being minimized by partnering with ACHD. B. Fiscal Impact: The costs of the City of Meridian infrastructure improvements are $286,536.70 and is funded from two different accounts as shown below. Project Costs: r----------------------------------------------------------------------r----------------------------------------------------------- Fiscal Year 2021 -+ Construction Cost $263,119.10 --+ ACHD Cost Share $13,155.96 ---------------------------------------------------------------------r----------------------------------------------------------------------r----------------------------------------------------------------- ACHD Overhead Costs $10,261.64 --------------------------------------------------------------------------------------------------------------------------------------------r------------------------------------------------------------------ Total $286,536.70 Available Project Funding._: --------------------------------------------------------------------------------------------------------------------------------------------- Fiscal Year 2021 Account Code/Codes -r--------------------------------------------------------------------------------------------------------------------- -; Water Main Extensions 60-3490-96140 $214,689.10 ----------------------------------------------------------------------------------------------------------------------------------------------------------------- Sewer Main Extensions 60-3590-93505 $71,847.60 ---------------------------------------------------------------------Ir-------------------------------------------------------------------------------------------- -; --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Total Funding $286,536.70 ---------------------------------------------------------------- ---------------- '----------------------------------------------------------------------'-------------------------------------------------------------------------------------------------------------------------------------------- V. TIME CONSTRAINTS ACHD plans to start building for the construction on this project in January 2021. City approval of this agreement is required for ACHD to install sewer and water,improvements as part of their project. VI. LIST OF ATTACHMENTS A. ACHD Sewer and Water Bid Results from Central Paving Company, Inc. B. Interagency Agreement Approved for Council Agenda: �L Page 334 Page 2 of 2 Item#14. INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION EAGLE ROAD, VICTORY ROAD TO AMITY ROAD ACHD PROJECT NO. 518040.001 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION ("Agreement") is made and entered into this 15th day of September , 2020, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or"City") regarding ACHD Project no. 518040.001. RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented,with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights- of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; � g � y} WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction project known as EAGLE ROAD,VICTORY ROAD TO AMITY ROAD ("Project" or "Project Boundaries"), certain modifications or improvements to City owned facilities, including but not limited to relocations, service line extensions and minor modifications to existing water and sewer systems (collectively, "City Water and Sewer Improvements") as detailed in Project no. 518040.001, to be constructed pursuant to a separately-executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including the City Water and Sewer Improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the City Water and Sewer improvements within the Project Boundaries; Page 1 of Page 335 Item#14. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Water and Sewer Improvements referenced herein, which CONTRACT shall i include, inter alia, a provision that all work required for the City Water and Sewer Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the most current City of Meridian Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications. i b. Provide MERIDIAN with a complete set of combined bid documents for the roadway I reconstruction, and for the City Water and Sewer Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'S concurrence shall specifically acknowledge that the City Water and Sewer Improvements are and shall be subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City Water and Sewer Improvements from the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of the City Water and Sewer Improvements from the Project. d. Include in the CONTRACT a term providing that MERIDIAN will have the right to work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements and that any such claims will be reviewed, approved or denied by MERIDIAN including enforcement of the 2 year warranty period to be started i at the date described in the final acceptance letter from MERIDIAN. i e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact the City Water and Sewer Improvements. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City Water and Sewer Improvements if applicable and Contractor progress payment estimate,and the final CONTRACT payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN's concurrence regarding MERIDIAN's portion of the CONTRACT, together with an invoice for MERIDIAN's share of the construction CONTRACT costs earned by and to be paid to the Contractor. h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. Page 2 of Page 336 Item#14. i. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any sanitary sewer or potable water service lines, water valve boxes, manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph I.g. above, as a result of the additional work attributed to the City Water and Sewer Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of the City Water and Sewer Improvements.. . MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all City Water and Sewer Improvements incorporated into the Project and installed and adjusted under the CONTRACT and provide copies of appropriate tests and construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Water and Sewer Improvements to be incorporated into the Project and included in the bid documents,for the CONTRACT (all work required for the City Water and Sewer Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the most current City of Meridian Supplemental Specifications to the iSPW ,and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.e., 1.f. or 1. ., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement.. e. Reimburse DISTRICT the construction costs attributable to the quantities of items that would have been required for MERIDIAN to patch and/or repave trenches in the roadway if the work was done outside of the ACHD Project. Costs will be calculated from the unit prices of the awarded bid. Design costs for the ACHD Project completed by MERIDIAN will be deducted from the reimbursement to DISTRICT. Exact items, quantities and design costs will be agreed to by bath parties. f. Reimburse DISTRICT five percent(5%)of MERIDIAN'S construction costs attributable to the City Water and Sewer Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration Page 3 of Page 337 Item#14. costs which include but are not limited to: public advertisement of the Project,supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight and maintaining construction project files. g. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis.The prorated basis for the above items will be calculated using the percentage of MERiDiAN's project costs as they relate to the total project construction costs. h. Provide (at City's sole costs) trench compaction testing for the City Water and Sewer Improvements from one-foot (1') above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing required in any area that does not meet CONTRACT requirements; and provide copies of test results for the area along the alignment of the pipeline to the designated DISTRICT representative. i. Be liable for the cost of repairing any trench failure attributable to the City Water and Sewer Improvements within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims and damages resulting from any such trench failure. This duty to indemnify, defend, and hold harmless is subject to the limitations of Idaho law, including Article Vill, Section 4, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the agreement. j. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water and Sewer Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water and Sewer Improvements. k. Indemnify, save harmless and defend, regardless of outcome, DISTRICT from expenses and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article Vill, Section 4, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth by law or in the agreement. I. Work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements; any and all such claims will be reviewed, approved 3 Page 4 of � Page 338 i Item#14. or denied by MERIDIAN and MERIDIAN shall indemnify, save harmless and defend, regardless of outcome, DISTRICT from expenses and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of the City's efforts to resolve said claims with the Contractor. This duty to indemnify, defend, and hold harmless is subject to the limitations of Idaho law, including Article VII I, Section 4, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the agreement. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code§67-2332, the purposes, powers, rights and objectives of each of the parties are asset forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN"S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney°s fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. I. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. Page 5 of Page 339 Item#14. k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 1. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party"s right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Water and Sewer Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. Page 6 of Page 340 ( � ( � { IN WITNESS HEREOF, the parties hereto hav executed this Agreement on theday and year herein first written. ( . ATTEST: ADA COUNTY HIGHWAY DISTRICT ( � ! By: By: : ( Bruce Wong Mar Na ) Director . President Board of Commissioners ATTEST CITY OF MERIDIAN $ %EbA/ � . . : % B/ : >,* LA . S . ) Chri Jo . IDAH be m Z Ror |son C Clerk SEAL & \ Mayor ! . y . . . . . . . . . . . . . . ^� &T . ( ° . . . 1 ( � ( � � ( ( Page 7 of \ A/14U C/&clWag Co , F a I ZAmi Item#14. STATE OF IDAHO ss. COUNTY OF ADA On this day of 2020, before me, the undersigned, personally appeared MARY MAY and BRUCE WONG, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Idaho My commission expires: STATE OF IDAHO ) ss. COUNTY OF ADA On this 15th day of September 2020, before me, the undersigned, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CHARLENE WAY COMMISSION 0673W Charlene Way NOTARY PUBLIC Notary Public for Idaho STATE OF IDAHO MY COMMISSION EXPIRES 3=2 Residing at Meridian _, Idaho My commission expires: 3-28-2022 Page 8 of tem#14. E IAmity Rd to Victory Rd, Meridian Sewer and Water (Schedule 5/ 518040.001/ 2011 Bidder QUANTITY Unit Price Extension 401.4.1.A.1 Water Main Pipe - 12" LF Central Paving Co., Inc. 42.00 $62.30 $2,616.60 Sunroc Corporation 42.00 $96.00 $4,032.00 Idaho Materials & Construction 42.00 $61.00 $2,562.00 Concrete Placing Company Inc 42.00 $59.50 $2,499.00 Knife River Corporation - Mountain West 42.00 $95.00 $3,990.00 ESTIMATE 42.00 $75.00 $3,150.00 401.4.1.A.1 Water Main Pipe - 8" LF Central Paving Co., Inc. 66.00 $66.50 $4,389.00 Sunroc Corporation 66.00 $91.00 $6,006.00 Idaho Materials & Construction 66.00 $65.00 $4,290.00 Concrete Placing Company Inc 66.00 $63.50 $4,191.00 Knife River Corporation - Mountain West 66.00 $58.00 $3,828.00 Page 343 tem#14. E IAmity Rd to Victory Rd, Meridian Sewer and Water (Schedule 5/ 518040.001/ 2011 Bidder QUANTITY Unit Price Extension 401.4.1.A.1 Water Main Pipe - 8" LF ESTIMATE 66.00 $60.00 $3,960.00 401.4.1.C.1 Relocate Water Main - 12" LF Central Paving Co., Inc. 1,455.00 $60.30 $87,736.50 Sunroc Corporation 1,455.00 $94.00 $136,770.00 Idaho Materials & Construction 1,455.00 $59.00 $85,845.00 Concrete Placing Company Inc 1,455.00 $57.50 $83,662.50 Knife River Corporation - Mountain West 1,455.00 $70.00 $101,850.00 ESTIMATE 1,455.00 $75.00 $109,125.00 401.4.1.C.1 Relocate Water Main - 8" LF Central Paving Co., Inc. 245.00 $60.50 $14,822.50 Sunroc Corporation 245.00 $78.00 $19,110.00 Idaho Materials & Construction 245.00 $59.50 $14,577.50 Concrete Placing Company Inc 245.00 $57.75 $14,148.75 Page 344 tem#14. E IAmity Rd to Victory Rd, Meridian Sewer and Water (Schedule 5/ 518040.001/ 2011 Bidder QUANTITY Unit Price Extension 401.4.1.C.1 Relocate Water Main - 8" LF Knife River Corporation - Mountain West 245.00 $58.00 $14,210.00 ESTIMATE 245.00 $60.00 $14,700.00 401.4.1.D.2 Non-Potable Water Main Crossings - 8" EA Central Paving Co., Inc. 3.00 $15,000.00 $45,000.00 Sunroc Corporation 3.00 $5,480.00 $16,440.00 Idaho Materials & Construction 3.00 $14,705.00 $44,115.00 Concrete Placing Company Inc 3.00 $14,300.00 $42,900.00 Knife River Corporation - Mountain West 3.00 $2,500.00 $7,500.00 ESTIMATE 3.00 $9,500.00 $28,500.00 402.4.1.A.1 12" Gate Valve EA Central Paving Co., Inc. 2.00 $2,300.00 $4,600.00 Sunroc Corporation 2.00 $2,290.00 $4,580.00 Idaho Materials & Construction 2.00 $2,237.00 $4,474.00 Page 345 tem#14. E IAmity Rd to Victory Rd, Meridian Sewer and Water (Schedule 5/ 518040.001/ 2011 Bidder QUANTITY Unit Price Extension 402.4.1.A.1 12" Gate Valve EA Concrete Placing Company Inc 2.00 $2,482.00 $4,964.00 Knife River Corporation - Mountain West 2.00 $2,200.00 $4,400.00 ESTIMATE 2.00 $8,000.00 $16,000.00 402.4.1.6.1 Relocate Valve EA Central Paving Co., Inc. 2.00 $513.00 $1,026.00 Sunroc Corporation 2.00 $1,160.00 $2,320.00 Idaho Materials & Construction 2.00 $503.00 $1,006.00 Concrete Placing Company Inc 2.00 $795.50 $1,591.00 Knife River Corporation - Mountain West 2.00 $1,100.00 $2,200.00 ESTIMATE 2.00 $3,500.00 $7,000.00 402.4.1.C.1 Adjust Existing Valve to Finish Grade EA ................................................................................................................................................................................................................................................. ................................................................. Central Paving Co., Inc. 22.00 $696.00 $15,312.00 Sunroc Corporation 22.00 $525.00 $11,550.00 Page 346 tem#14. E IAmity Rd to Victory Rd, Meridian Sewer and Water (Schedule 5/ 518040.001/ 2011 Bidder QUANTITY Unit Price Extension 402.4.1.C.1 Adjust Existing Valve to Finish Grade EA Idaho Materials & Construction 22.00 $368.00 $8,096.00 Concrete Placing Company Inc 22.00 $306.50 $6,743.00 Knife River Corporation - Mountain West 22.00 $400.00 $8,800.00 ESTIMATE 22.00 $2,000.00 $44,000.00 402.4.1.D.1 Relocate Existing Blowoff EA Central Paving Co., Inc. 1.00 $950.00 $950.00 Sunroc Corporation 1.00 $1,890.00 $1,890.00 Idaho Materials & Construction 1.00 $933.00 $933.00 Concrete Placing Company Inc 1.00 $1,214.00 $1,214.00 Knife River Corporation - Mountain West 1.00 $1,200.00 $1,200.00 ESTIMATE 1.00 $5,000.00 $5,000.00 402.4.1.E.1 2" Blowoff Assembly EA Central Paving Co., Inc. 1.00 $4,400.00 $4,400.00 Page 347 tem#14. E IAmity Rd to Victory Rd, Meridian Sewer and Water (Schedule 5/ 518040.001/ 2011 Bidder QUANTITY Unit Price Extension 402.4.1.E.1 2" Blowoff Assembly EA Sunroc Corporation 1.00 $4,360.00 $4,360.00 Idaho Materials & Construction 1.00 $4,296.00 $4,296.00 Concrete Placing Company Inc 1.00 $4,178.00 $4,178.00 Knife River Corporation - Mountain West 1.00 $3,200.00 $3,200.00 ESTIMATE 1.00 $7,500.00 $7,500.00 403.4.1.B.1 Abandon Fire Hydrant EA NOMMO Central Paving Co., Inc. 1.00 $577.00 $577.00 Sunroc Corporation 1.00 $1,610.00 $1,610.00 Idaho Materials & Construction 1.00 $566.00 $566.00 Concrete Placing Company Inc 1.00 $550.50 $550.50 Knife River Corporation - Mountain West 1.00 $600.00 $600.00 ESTIMATE 1.00 $2,500.00 $2,500.00 Page 348 tem#14. E IAmity Rd to Victory Rd, Meridian Sewer and Water (Schedule 5/ 518040.001/ 2011 Bidder QUANTITY Unit Price Extension 403.4.1.C.1 Relocate Fire Hydrant EA Central Paving Co., Inc. 1.00 $3,200.00 $3,200.00 Sunroc Corporation 1.00 $2,800.00 $2,800.00 Idaho Materials & Construction 1.00 $3,120.00 $3,120.00 Concrete Placing Company Inc 1.00 $3,034.00 $3,034.00 Knife River Corporation - Mountain West 1.00 $5,000.00 $5,000.00 ESTIMATE 1.00 $5,000.00 $5,000.00 404.4.1.A.1 1" Service (Saddle Tap, Corp Stop & Meter Pit) EA Central Paving Co., Inc. 1.00 $1,800.00 $1,800.00 Sunroc Corporation 1.00 $1,680.00 $1,680.00 Idaho Materials & Construction 1.00 $1,786.00 $1,786.00 Concrete Placing Company Inc 1.00 $1,736.00 $1,736.00 Knife River Corporation - Mountain West 1.00 $2,500.00 $2,500.00 Page 349 tem#14. E IAmity Rd to Victory Rd, Meridian Sewer and Water (Schedule 5/ 518040.001/ 2011 Bidder QUANTITY Unit Price Extension 404.4.1.A.1 1" Service (Saddle Tap, Corp Stop & Meter Pit) EA ESTIMATE 1.00 $3,000.00 $3,000.00 404.4.1.13.1 1" PE Service Line LF Central Paving Co., Inc. 95.00 $32.90 $3,125.50 Sunroc Corporation 95.00 $21.00 $1,995.00 Idaho Materials & Construction 95.00 $32.50 $3,087.50 Concrete Placing Company Inc 95.00 $31.25 $2,968.75 Knife River Corporation - Mountain West 95.00 $10.00 $950.00 ESTIMATE 95.00 $25.00 $2,375.00 404.4.1.C.1 Water Service Locate Station (per City of Merid... EA Central Paving Co., Inc. 1.00 $318.00 $318.00 Sunroc Corporation 1.00 $945.00 $945.00 Idaho Materials & Construction 1.00 $312.00 $312.00 Concrete Placing Company Inc 1.00 $303.50 $303.50 Page 350 tem#14. E IAmity Rd to Victory Rd, Meridian Sewer and Water (Schedule 5/ 518040.001/ 2011 Bidder QUANTITY Unit Price Extension 404.4.1.C.1 Water Service Locate Station (per City of Merid... EA Knife River Corporation - Mountain West 1.00 $1,700.00 $1,700.00 ESTIMATE 1.00 $2,000.00 $2,000.00 501.4.1.13.1 Gravity Sewer Pipe - 8" PVC (including Excavati... LF Central Paving Co., Inc. 594.00 $69.70 $41,401.80 Sunroc Corporation 594.00 $156.00 $92,664.00 Idaho Materials & Construction 594.00 $68.50 $40,689.00 Concrete Placing Company Inc 594.00 $66.50 $39,501.00 Knife River Corporation - Mountain West 594.00 $52.00 $30,888.00 ESTIMATE 594.00 $60.00 $35,640.00 502.4.1.A.1 Sanitary Sewer Manhole - 48" Type A EA Central Paving Co., Inc. 3.00 $3,900.00 $11,700.00 Sunroc Corporation 3.00 $3,990.00 $11,970.00 Idaho Materials & Construction 3.00 $3,876.00 $11,628.00 Page 351 tem#14. E IAmity Rd to Victory Rd, Meridian Sewer and Water (Schedule 5/ 518040.001/ 2011 Bidder QUANTITY Unit Price Extension 502.4.1.A.1 Sanitary Sewer Manhole - 48" Type A EA Concrete Placing Company Inc 3.00 $4,127.00 $12,381.00 Knife River Corporation - Mountain West 3.00 $3,500.00 $10,500.00 ESTIMATE 3.00 $4,000.00 $12,000.00 502.4.1.F.1 Connect to Existing Sewer Manhole EA Central Paving Co., Inc. 1.00 $1,800.00 $1,800.00 Sunroc Corporation 1.00 $7,600.00 $7,600.00 Idaho Materials & Construction 1.00 $1,807.00 $1,807.00 Concrete Placing Company Inc 1.00 $1,757.00 $1,757.00 Knife River Corporation - Mountain West 1.00 $2,000.00 $2,000.00 ESTIMATE 1.00 $2,000.00 $2,000.00 502.4.1.G.1 Adjust Existing Manhole to Grade EA ...................................................................................................................................................................................... .......................................................... ................................................................ Central Paving Co., Inc. 1.00 $936.00 $936.00 ................................................................................................. ............... Sunroc Corporation I 1.00 $1,990.00 $1,990.00 Page 352 tem#14. E IAmity Rd to Victory Rd, Meridian Sewer and Water (Schedule 5/ 518040.001/ 2011 Bidder QUANTITY Unit Price Extension 502.4.1.G.1 Adjust Existing Manhole to Grade EA Idaho Materials & Construction 1.00 $499.00 $499.00 Concrete Placing Company Inc 1.00 $374.00 $374.00 Knife River Corporation - Mountain West 1.00 $1,000.00 $1,000.00 ESTIMATE 1.00 $1,500.00 $1,500.00 1102.4.1.E.1 Conduit, Size 4" Sch. 40 PVC LF Central Paving Co., Inc. 346.00 $10.70 $3,702.20 Sunroc Corporation 346.00 $10.00 $3,460.00 Idaho Materials & Construction 346.00 $10.50 $3,633.00 Concrete Placing Company Inc 346.00 $10.25 $3,546.50 Knife River Corporation - Mountain West 346.00 $10.00 $3,460.00 ESTIMATE 346.00 $20.00 $6,920.00 1102.4.1.F.1 Junction Box EA Central Paving Co., Inc. 4.00 $1,100.00 $4,400.00 Page 353 tem#14. E IAmity Rd to Victory Rd, Meridian Sewer and Water (Schedule 5/ 518040.001/ 2011 Bidder QUANTITY Unit Price Extension 1102.4.1.F.1 Junction Box EA Sunroc Corporation 4.00 $989.00 $3,956.00 Idaho Materials & Construction 4.00 $1,039.00 $4,156.00 Concrete Placing Company Inc 4.00 $1,010.00 $4,040.00 Knife River Corporation - Mountain West 4.00 $1,000.00 $4,000.00 ESTIMATE 4.00 $1,500.00 $6,000.00 1103.4.1.A.1 Construction Traffic Control MMEjjb &. LS Central Paving Co., Inc. 1.00 $5,400.00 $5,400.00 Sunroc Corporation 1.00 $28,600.00 $28,600.00 Idaho Materials & Construction 1.00 $9,168.00 $9,168.00 Concrete Placing Company Inc 1.00 $6,384.00 $6,384.00 Knife River Corporation - Mountain West 1.00 $2,000.00 $2,000.00 ESTIMATE 1.00 $7,500.00 $7,500.00 Page 354 tem#14. E IAmity Rd to Victory Rd, Meridian Sewer and Water (Schedule 5/ 518040.001/ 2011 Bidder QUANTITY Unit Price Extension 2010.4.1.A.1 Mobilization LS Central Paving Co., Inc. 1.00 $3,200.00 $3,200.00 Sunroc Corporation 1.00 $1,290.00 $1,290.00 Idaho Materials & Construction 1.00 $18,027.00 $18,027.00 Concrete Placing Company Inc 1.00 $3,064.00 $3,064.00 Knife River Corporation - Mountain West 1.00 $1,000.00 $1,000.00 ESTIMATE 1.00 $16,700.00 $16,700.00 SP-2165.4.1.A.1 Abandon Existing Water Main EA Central Paving Co., Inc. 1.00 $705.00 $705.00 Sunroc Corporation 1.00 $1,930.00 $1,930.00 Idaho Materials & Construction 1.00 $692.00 $692.00 Concrete Placing Company Inc 1.00 $673.00 $673.00 Knife River Corporation - Mountain West 1.00 $8,600.00 $8,600.00 Page 355 tem#14. E IAmity Rd to Victory Rd, Meridian Sewer and Water (Schedule 5/ 518040.001/ 2011 Bidder QUANTITY Unit Price Extension SP-2165.4.1.A.1 Abandon Existing Water Main EA ESTIMATE 1.00 $5,000.00 $5,000.00 SP-2216.4.1.A.1 Stormwater Management LS Central Paving Co., Inc. 1.00 $1.00 $1.00 Sunroc Corporation 1.00 $2,120.00 $2,120.00 Idaho Materials & Construction 1.00 $5,000.00 $5,000.00 Concrete Placing Company Inc 1.00 $3,671.00 $3,671.00 Knife River Corporation - Mountain West 1.00 $1.00 $1.00 ESTIMATE 1.00 $3,500.00 $3,500.00 Item totals for Eagle Rd, Amity Rd to Victory Rd, Meridian Sewer and Water (Schedule 5/ Agency Estimate Total 518040.001/ 201919) (25 Items) ($350,570.00) Central Paving Co., Inc. $263,119.10 Sunroc Corporation $371,668.00 Idaho Materials & Construction $274,365.00 Concrete Placing Company Inc $250,075.50 Knife River Corporation - Mountain West $225,377.00 ESTIMATE $350,570.00 Page 356 Item#14. Business Name Total: Agency Estimate Total: Idaho Materials & Construction $6,983,551.00 $8,564,025.00 Sunroc Corporation $6,767,589.00 $8,564,025.00 Concrete Placing Company Inc $6,988,527.08 $8,564,025.00 Central Paving Co., Inc. $6,708,701.32 $8,564,025.00 Knife River Corporation - Mountain West $7,167,360.00 $8,564,025.00 ESTIMATE $8,564,025.00 $8,564,025.00 6 Bidders Page 357 Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Grantee Agreements for the Meridian Small Business Grant Program Page 358 Item#15. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Tori Cleary, Community Development Meeting Date: January 5, 2021 Presenter: Tori Cleary Estimated Time: 0.0 Topic: Approval of Grantee Agreements for the Meridian Small Business Grant Program Recommended Council Action: Approve 16 Grantee Agreements for the Meridian Small Business Grant Program. The following Grantees have been approved through the Municipal Small Business Grant Program made possible through Coronavirus Aid, Relief, and Economic Security Act (CARES) Act funding. The Grantees, grant amounts, and grant purposes are listed below: Amount Grantee Approved PPE Testing Inventory Equipment Rent Utilities Other Backcountry Brews dba The Growler Guys $5,000.00 X To Go Packaging Black Mor LLC dba Wahooz Family Fun Zone $5,000.00 X Bowden Properties dba Roaring Springs Water Park $5,000.00 X Children's Museum of Idaho $5,000.00 X Dreamland Education Center,Inc. $5,000.00 X Dreamland Learning Center,Inc. $5,000.00 X Hammer and Stain Treasure Valley $8,146.92 X X Idaho Business League Events,Inc. $2,687.14 X X Insulstone $5,000.00 X JAC Entertainment,LLCdba Rocky Mountain Roll $5,000.00 X X Kane Zone.Inc. $5,091.611 X Meridian Area Senior Citizens Association $4,192.42 X MFM Group dha Sizzler Restaurants $5,000.00 X Paramount Childcare&Early Learning Center $4,633.38 X RCubeci dba EnVie Fitness $5,000.00 X Ten Mile Academy 515,000.00 X Background: This is the fifth group of Agreements for approval under the Meridian Small Business Grant Program, created through the City Council designation of$1 million of the City's CARES Act funding allocation. Following staff review of applications and confirmation of business/organization eligibility and documentation of qualifying business expenses,grant applications are sent to a Review Committee comprised of the Chief of Staff, Finance Director, and a representative from the Chamber of Commerce Economic Development Committee.Applications are then sent to the State Coronavirus Financial Advisory Committee for approval and funding. Page 359 Item#15. The applications associated with the attached Agreements have been approved by the State. Following transfer of State funds, draw requests will be submitted to the Finance Department for grant disbursements. Having received $1 million in application requests,the Program closed to new applicants on December 17 and is accepting waitlist applications should some of the applications in the queue not fund at the full amounts requested. Including the 16 attached agreements, 87 applications have been approved by the State,totaling $659,747.19 in grant awards. Currently, there are seven applications awaiting State approval, and 30 applications being processed by staff or awaiting required documentation. Page 360 Item#15. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND BACKC® RY EREW%INC,DING BUSINESS AS THE GROWLER GUYS FOR ID ® REBOUNDS—MUNICIPAL SMALL BUSINESS GAT FPS This First Anondment to eemnt Between City of Men lion and Hitokoountfy Brows,lnom, doms business as The Growler Guys for Idaho Rebounds—Munioival Small business Get Funds("First Amendment")is entered into this 5th day of January --2021 (`Tlfeotive Date'),by and between the City of Meridian,4 municipal corporation orgonizod under the laws of the State of Idaho Mity')and Backeoun try Brews,Inc:, dog business as The Growler Guys, it genoral business corporation organizod under the laws of the State of Idaho C'Graoteo'): WHEREAS,the Parties seek by this First Amendment to modify the Agromm Between City of Meridian _ f4 �3 i �Qrantee��Ida ho rebounds Municipal small business Grant � � ement NOW,THEREFORE,in consideration of the mutual covenants of the parties,the Parties agree as follows, L SECTION I.A.AmuNDR19, Section IA of the Agroement shall be amendod to read as follows, A.Activities, Grantee shall use City?s MSHG finds in an amount not to exceed Five Thousand Dollars($5,000:00),for the approved expenses, as set forth in&hib#A: grantee shall utilize MSBG Rinds granted hereunder in a manner oonsistent with this Agreement„the MSUG Mules: R. SECTION LR AMME ,Section LD of the Agreement shall be amended to road as fbllows, R.Rolmbursmont Procures, City shall provide to Grantee the MSBG funds awarded for the approved expenses, as sot forth in&heft A�hp to Fifteen thousand dollars($15,000.00),within thirty (30)days of reiieipl of the speoiliod finds by City: HLNO AtWITIONAL M®D CATIONS, The Parties agree that except as expressly m"ft@d by this First Amendment, all provisions of the original AgromM, including recitals and exhibits thereto shall remain in thll force and effeet: No other understandh*whether oral or written whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge,limit or otherwise affect the operation of the Agroement or this amendment thereto: IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by them duly authorized oflloers to be offbefivo as of the E eotiv@ Ditto first above written: GRANTEE., l ukoountry Brows,Inc, dgi 7businws as The Growler Guys A&V Greg mit4 owner/Direotor CITY GE MERIDIAN,, BY; Attest, Robert E. Simison,Mayor Chris Johnson,City Clerk FMST AMENW NT TO WO AQUEMENT PAPS 1 Page 361 Item#15. EXHIBIT A: APPROVED EXPENSES Previously Approved Expenses Eligible Expense Amount July Rent 2407.77 August Rent 2407.77 September Rent 2407.77 July-Idaho Power 272.49 August-Idaho Power 294.39 September-Idaho Power 255.92 Crawler To Go Cans 2084.91 Total Eligible Expenses 10,131.02 GRANT AWARD $10,000.00 Current Request Eligible Expense Amount Previously Approved Expenses Not Reimbursed 131.02 October Rent-NEW 2407.77 November Rent-NEW 2407.77 Crawler To Go Cans-NEW 583.73 Total Eligible Expenses 5,530.29 GRANT AWARD#2 $5,000.00 Page 362 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#15. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND BLACK MOR LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Black Mor LLC for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 5th day of January 2021 1 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ( "City") and Black Mor LLC, a Limited Liability Company organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement'); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed five thousand dollars ($5,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. H. SECTION LD AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: BB ck Mor LLC ;- (YI Patrick Morandi, CEO CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 363 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Item#15. EXHIBIT A: APPROVED EXPENSES Previously Requested Expenses Eligible Expense Amount Comments Cintas $314.82 CMYK $7.00 split with Roaring Springs Gem State $330.44 Gem State $426.23 Gem State $182.03 Gem State $1,070.57 Gem State $955.47 Gem State $24.53 Gem State $59.15 Gem State $394.07 Gem State $98.52 Gem State $75.26 Gem State $985.16 Gem State $66.91 Gem State $106.75 Gem State $106.75 Gem State $106.75 Gem State $65.36 Gem State $65.36 Gem State $173.85 Gem State $230.88 Gem State $357.79 Gem State $130.72 Gem State $106.75 Gem State $65.36 Gem State $65.36 Gem State $106.75 Gem State $65.36 Gem State $153.67 Gem State $76.83 Gem State $130.72 Gem State $166.07 Gem State $100.71 Shamrock $31.79 Shamrock $273.95 Shamrock $31.79 Shamrock $31.79 Shamrock $31.79 Shamrock $31.79 Shamrock $31.79 Shamrock $31.79 Shamrock $31.79 Shamrock $31.79 Shamrock $31.79 Page 364 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#15. Shamrock $31.79 Shamrock $31.79 Shamrock $31.79 Shamrock $36.79 Shamrock $36.79 Shamrock $36.79 Shamrock $36.79 Shamrock $92.19 Shamrock $87.73 Shamrock $97.04 Shamrock $87.73 Shamrock $92.19 Shamrock $87.73 Shamrock $87.73 Shamrock $87.73 Shamrock $88.37 Shamrock $88.37 Shamrock $88.37 Shamrock $92.74 Shamrock $88.29 Shamrock $88.29 Shamrock $84.01 Shamrock $84.01 Wrist-band.com $512.97 Total $10,141.82 Approved $10,000.00 Current Request Eligible Expense Amount Wrist-band.com 141.82 not previously reimbursed Buck's Sags 4876.00 Total Eligible Expenses 5,017.82 Approved Amount 5,000.00 Page 365 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 3 Item#15. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND BOWDEN PROPERTIES LLC DBA ROARING SPRINGS WATER PARK FOR IDAHO REBOUNDS —MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Bowden Properties LLC DBA Roaring Springs Water Park for Idaho Rebounds—Municipal C- -11 Business Grant Funds ("First Amendment") is entered into this 5th day of January 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Bowden Properties LLC DBA Roaring Springs Water Park, a Limited Liability Company organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed five thousand dollars ($5,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. II. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Bowden Properties LLC DBA Roaring Springs Water Park Patrick Morandi, CEO CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 366 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Item#15. EXHIBIT A: APPROVED EXPENSES Previously Requested Expenses Eligible Expense Amount Comments CMYK $28.00 split with Wahooz CMYK $38.16 Gem State $364.75 Gem State $160.10 Gem State $169,71 Gem State $87.34 Gem State $24.53 Gem State $444.61 Gem State $106.75 Gem State $3,977.54 Gem State $67.10 Gem State $174.68 Gem State $741.01 Gem State $147.72 Gem State $106.75 Gem State $106.75 Gem State $212.14 Gem State $213.51 Gem State $278.58 Gem State $40.03 Gem State $40.03 Gem State $200.13 Gem State $71.53 Gem State $120.08 Gem State $160.10 Gem State $80.05 Gem State $40.03 Gem State $286.14 Gem State $160.10 Gem State $71.53 Gem State $120.08 Gem State $120.08 Premier Pharmaceuticals $2,898.00 Total $11,857.64 Approved $10,000.00 Current Request Eligible Expense Amount Premier Pharmaceuticals 1857.64 not previously reimbursed Buck's Bags 4876.00 Total Eligible Expenses 6,733.64 Approved Amount 5,000.00 Page 367 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#15. FIRST AMENDMENT TO AGREEMENT BETWEEN CITE' OF MERIDIAN AND IIILDI N'S MUSEUM OF IDAH , PqC. FOR IDAHO REBOUNDS- MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and hildren's Museum of Idaho, Inc. for Idaho Rebounds — Municipal Small Business Grant Funds ( irst Amendment") is entered into this 5th day of January 2021 ) ("Effective Date"). by and between the City of Meridian, a munici pal corporation organized under the lavers of the State of Tdaho ("City") and Children's Museum of Idaho, hic., a non-profit corporation[ organized under tha laws of the State of Idaho (.grantee")- WHEREAS, the Parties seek by this First Amendment to rnodiFy the A rcement Between City of Meridian and Grantee for ldalio Rebounds- Municipal SmalI Business Grant Funds (-Agreement"), NOW, THEREFORE, in consideration of the mutual. covenants of the parties, the Parties agree as follows: L SEcr[ON I.A.Ah ENi)ED. Section I.A of the Agreement shall be amended 14 read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Five Thousand Dollars ( ,000-00), for the approved expenses, asset faith in &Nbir A. Grantee shall utilize MSB funds granted hereunder in a manner consistent with this Agreement, the M SBG Mules. IL SECTION 1,D ANEENDED. Section 1.D of the Agreement shall be amended to read as follows; D. Reim bursernent FrocedUres. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in #; hibil A, up to fifteen thousand dollars (S 15,000.00), within thirCy Q 0) days of receipt of the specified funds by City, III.No ADDITIONAL MODIFICATION& The Parties agree that except as expressly modifted by this Fi rst Amendment, al.I provisions of the on s*inal Agreement, including recitals and ex11ibits thereto, shal l remain in full force and effect. No other understanding, whether oral or written[, whether inade prior to or contemporaneously with this First Am end inent shall be deemed to enlarge, I imit or otherwi se affect the operation of the Agreement or [his amendment thereto. I WITNESS WHEREOF, the parties shalt cause this f irst Amendment to be executed by their duly aulhori zed officers to be effective as of the Effective Date first above written. GRANTEE, Old era's Museum of Idaho, Inc- Att t: at Baker, President Daniel Basalone, Secretary CITY OF MERIDIAN- By.. Attest: Robert E_Simi son, Mayor Chris Johnson, City Clerk FIRST NIS13G ACGkfiLME-N!' r1[iE: 1 Page 368 Item#15. EXHIBIT A: APPROVED EXPENSES Previously Approved Expenses Eligible Expense Amount July Rent 8561.82 August Rent 8561.82 Total Eligible Expenses 17,123.64 GRANT AWARD $10,000.00 Current Request Eligible Expense Amount October Rent-NEW 8561.82 Total Eligible Expenses Not Prevously Reimbursed 8,561.82 GRANT AWARD#2 $5,000.00 Page 369 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#15. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND DREAMLAND EDUCATION CENTER, INC. FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Dreamland Education Center, Inc. for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 28 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 Dreamland Education Center, Inc. a general business corporation organized under the laws of the State of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Five Thousand Dollars ($5,000.00) for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. II. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.No ADDITIONAL.MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Dreamland Education Center,Inc. Susan Ehteshami, President CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 370 FIRST AMENDMENT TO MSBG AGREEMENT PAGE I Item#15. EXHIBIT A: APPROVED EXPENSES Previously Approved Expenses Eligible Expense Amount Rent-July 12,000.00 InterMountain Gas-July 18.78 InterMountain Gas-August 18.24 InterMountain Gas-September 18.24 Idaho Power-July(353.48)Prorated 247.44 Idaho Power-August 483.39 Idaho Power-September 342.85 Centuryl-ink-July 196.98 Centuryl-ink-August 204.05 Centuryl-ink-September 201.35 Total Eligible Expenses 13,731.32 GRANT AWARD $10,000.00 Current Request Eligible Expense Amount October Rent-NEW 12000.00 Total Eligible Expenses Not Prevously Reimbursed 12,000.00 GRANT AWARD#2 $5,000.00 Page 371 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#15. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND DREAMLAND LEARNING CENTER,INC. FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Dreamland Learning Center, Inc. for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 28 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 Dreamland Learning Center, Inc., general business corporation organized under the laws of the State of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Five Thousand Dollars ($5,000.00), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. II. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.No ADDITIONAL.MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Dreamland Learning Center, Inc. �udCLrL �l�`LQ�i2G Susan Ehteshami, President CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 372 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Item#15. EXHIBIT A: APPROVED EXPENSES Previously Approved Expenses Eligible Expense Amount Rent-July 12,000.00 Idaho Power-June(511.98)Prorated 105.93 Idaho Power-July 515.47 Idaho Power-August 535.28 Idaho Power-September 382.50 InterMountain Gas-July 12.07 InterMountain Gas-August 11.00 InterMountain Gas-September 13.13 Century Link-July 196.93 Century Link-August 204.03 Century Link-September 201.35 Total Eligible Expenses 14,177.69 GRANT AWARD $10,000.00 Current Request Eligible Expense Amount October Rent-NEW 12000.00 Total Eligible Expenses Not Previously Reimbursed 12,000.00 GRANT AWARD 42 $5,000.00 Page 373 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#15. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND HAMMER & STAIN TREASUREVALLEY ESL GRANT DU REBOUNDS— MUNICIPAL SMALL This First Amendment to Agreement Between City of Meridian and Ilammer& Stain Treasure Valley LLC for ldaluo Rebounds — Municipal Small Business Grant Funds ("First Amendment") is entered into this 5th day ot-January ,2021("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho("City") and I Jammer & Stain Treasure Valley LLC, a limited liability company organized under the laws of the State of Idaho ("Grantee"). WHEREAS, the Parties seek by this First Amendment to modify the Agreement Between n ty of Meridian and Grantee for Idaho Rebounds— Municipal Small Business Grant Funds ("Agreement"); NOW,THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: L SECTION LA.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Eight Thousand, One Hundred, Forty-six Dollars and Ninety-two Cents ($8,146.92), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. II. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III-No ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Hamer & Stain Treasure Valley LLC & wda_� thia De Rocher, Owner/Manager CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 374 FutsT AMENDMENT TO MSBG AGREEMENT PAGE I Item#15. EXHIBIT A: APPROVED EXPENSES Previously Approved Expenses Eligible Expense Amount June Rent-Partial Payment(660.92) 231.30 July Rent-Partial Payment 660.92 August Rent-Partial Payment 1200.00 September Rent 2597.06 October Rent-Partial Payment 1200.00 June-Idaho Power(111.48) 13.94 July-Idaho Power 138.78 August-Idaho Power 183.72 September-Idaho Power 107.09 June-Intermountain Gas(9.79) 3.06 July-Intermountain Gas 9.79 August-Intermountain Gas 9.79 September-Intermountain Gas 9.79 June-CenturyLink(114.57) 29.56 July-CenturyLink 114.57 August-CenturyLink 114.57 September-CenturyLink 114.57 October-CenturyLink 114.57 Total Eligible Expenses 6,853.08 GRANT AWARD $6,853.08 Current Request Eligible Expense Amount August Rent-Partial Payment 1397.06 October Rent-Partial Payment 1397.06 November Rent 2516.02 December Rent 2516.02 Idaho Power-October 84.03 Intermountain Gas-November 10.89 Intermountain Gas-December 31.30 CenturyLink-November 114.57 CenturyLink-December 114.57 Total Eligible Expenses 8,181.52 GRANT AWARD#2 $8,146.92 Page 375 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#15. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND IDAHO BUSINESS LEAGUE EVENTS, INC.FOR IDAHO REBOUNDS—M[UNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Idaho Business League Events, Inc. for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this5th day of January , 2021("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Idaho Business League Events, Inc., a general business corporation organized under the laws of the State of Idaho ("Grantee"). WHEREAS, the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Two Thousand, Six Hundred, Eighty-seven.Dollars and Fourteen cents ($2,687.14), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. H. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Idaho Business League Events, Inc. e4ZI'Mariellcling�erPr�esident �� CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 376 FIRST AMFNDMENT TO MSBG AGREFMENr PAGE 1 Item#15. EXHIBIT A: APPROVED EXPENSES Previously Approved Expenses Eligible Expense Amount August Rent 850.00 September Rent 850.00 October Rent 850.00 Idaho Storage Connection -August 209.00 Idaho Storage Connection -September 209.00 Idaho Storage Connection -October 209.00 Extra Space Storage-August 74.00 Extra Space Storage-September 74.00 Extra Space Storage-October 89.00 Verizon-July 132.90 Verizon-August 132.24 Verizon-September 132.24 Sparklight-July 92.45 Sparklight-August 83.02 Sparklight-September 102.95 Sparklight-October 102.95 Total Eligible Expenses 4,192.75 G RANT AWARD $4,192.75 Current Request Eligible Expense Amount November Rent 850.00 December Rent 850.00 Extra Space Storage-November 89.00 Extra Space Storage-December 89.00 Idaho Storage Connection-November 209.00 Idaho Storage Connection-December 209.00 Verizon-November 132.28 Sparklight-November 102.95 Sparklight-December 102.95 PPE(Signage) 52.96 Total Eligible Expenses 2,687.14 GRANT AWARD#2 $2,687.14 Page 377 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#15. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND INSULSTONE FOR IDAHO REBOUNDS--MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Insulstone for Idaho, Rebounds—Municipal Small Business Grant Funds("First Amendment") is entered into this 1 day of f, 2020("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City")and Insulstone,a General Business Corporation organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. SECTION I.A.AMENDED. Section LA of the Agreement shall be amended to read as follows: A.Activities. Grantee shall use City's MSBG funds in an amount not to exceed five thousand dollars and($5,000),for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules, II. SECTION LD AMENDED. Section LD of the Agreement shall be amended to read as follows: D.Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses,as set forth in Exhibit A, up to fifteen thousand dollars($15,000.00), within thirty (30)days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding,whether oral or written,whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Insulstone Les ll Presi en CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson,City Clerk FIRST AMENDMENT TO MSBG AGREEMENT PAGE I Page 378 Item#15. EXHIBIT A: APPROVED EXPENSES Previously Requested Expenses Eligible Expense Amount Rent-June 925.00 Rent-August 2500.00 Rent-September 2500.00 Rent-October 2500.00 Total Eligible Expenses 8,425.00 Current Request Eligible Expense Amount Rent- November 2500.00 Rent-December 2500.00 Total Eligible Expenses 5,000.00 Approved Amount 5,000.00 Page 379 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#15. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND JAC ENTERTAINMENT, LLC DBA ROCKY MOUNTAIN ROLL FOR IDAHO REBOUNDS— MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and JAC Entertainment, LLC dba Rocky Mountain Roll for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 116 day of tce Kbcs , 2020 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ( "City") and JAC Entertainment, LLC dba Rocky Mountain Roll, a Limited Liability Company organized under the laws of the state of Idaho ("Grantee"), WHEREAS, the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section LA of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed five thousand dollars ($5,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a mariner consistent with this Agreement, the MSBG Rules. II. SECTION LD AMENDED. Section LD of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: JAC Entert 'nme _LC db ocky Mountain Roll J n ane, Owner CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Page 380 Item#15. EXHIBIT A: APPROVED EXPENSES Previously Requested Expenses Eligible Expense Amount Lease Invoice-July 2702.99 Lease Invoice-August 2702.99 Lease Invoice-September 2928.40 Lease Invoice-October 2831.46 Total Eligible Expenses 11,165.84 Approved Amount 10,000.00 Current Request Eligible Expense Amount Rent-October 1165.84 not previously reimbursed Rent-December 2831.46 Idaho Power-July 110.09 prorated at 56% Idaho Power-August 220.59 Idaho Power-September 219.65 Idaho Power-October 121.20 Idaho Power- November 188.73 CenturyLink-July 103.98 CenturyLink-August 103.98 CenturyLink-September 103.98 Total Eligible Expenses 5,169.50 Approved Amount 5,000.00 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Page 381 Item#15. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND KONE ZONE,INC. FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Kone Zone, Inc. for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 28th 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 Kone Zone, Inc., a general business corporation organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Five Thousand, Ninety-one Dollars and Sixty-one Cents ($5091.61), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. II. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.No ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Kone Zone, Inc. 5" Tyler lake, Owner/President CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 382 FIRST AMENDMENT TO MSBG AGREEMENT PAGE I Item#15. EXHIBIT A: APPROVED EXPENSES Previously Approved Expenses Eligible Expense Amount June Rent-Prorated 944.90 July Rent 2577.46 August Rent 2577.46 September Rent 2577.46 October Rent-Partial Payment 577.46 July-Idaho Power 328.99 August-Idaho Power 118.37 September-Idaho Power 206. Total Eligible Expenses 9,908.39 GRANT AWARD $9,908.39 Current Request Eligible Rent Payments Amount Landlord Payment 11/01/2020 2577.46 Landlord Payment 11/25/2020 2600.00 Landlord Payment 11/25/2020 1477.46 Total Eligible Expenses Paid 6,654.92 GRANT AWARD#2 $5,091.61 Page 383 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#15. AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN AREA SENIOR CITIZENS ASSOCIATION,INC. FOR IDAHO REBOUNDS— MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 5th day of January 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Meridian Area Senior Citizens Association, Inc., a non-profit corporation organized under the laws of the State of Idaho ("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Four thousand, One hundred,Ninety-two Dollars and Forty-two Cents, ($4192.42), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: MSBG GRANTEE AGREEMENT PAGE 1 page 384 Item#15. 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to ten thousand dollars ($10,000.00), within thirty (30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other MSBG GRANTEE AGREEMENT PAGE 2 page 385 Item#15. legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian Meridian Area Senior Citizens Association Attn: Economic Development Administrator Attn: Kathleen Roma, Advisory Member 33 E. Broadway Avenue 1920 N. Records Avenue Meridian, Idaho 83642 Meridian, ID 836142 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five (5) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline,policy or MSBG GRANTEE AGREEMENT PAGE 3 page 386 Item#15. directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts,reports, or documents that are incorrect or incomplete in any material respect. a. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City,this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen (14)days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings,oral or written, whether previous to the execution hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: ian Area Senior Citizens Association, Inc. a&� tniyAlllson, President : City of Meridian Attest: By: Robert E. Simison, Mayor Chris Johnson, City Clerk MSBG GRANTEE AGREEMENT P` U,4 Page 387 Item#15. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount CenturyLink-July 116.94 Centu Link-August 122.69 Centu Link-September 119.98 SpeedyQuick Networks-August 149.97 SpeedyQuick Networks-September 149.97 SpeedyQuick Networks-October 149.97 Verizon-July(134.12) Prorated 107.30 Verizon-August 131.84 Idaho Power-June(1012.36) Prorated 174.53 Idaho Power-July 1267.23 Idaho Power-August 1256.95 InterMountain Gas-June(153.42)Prorat 47.94 InterMountain Gas-July 69.56 InterMountain Gas-August 147.86 Amazon PPE 116.66 Amazon PPE 46.08 Amazon PPE 16.95 Total Eligible Expenses 4,192.42 GRANT AWARD $41192.42 MSBG GRANTEE AGREEMENT PAUI 5 Page 388 Item#15. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND MFM GROUP,LLC DOING BUSINESS AS SIZZLER RESTAURANTS FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and MFM Group, LLC, doing business as Sizzler Restaurants, for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 5th day of January 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and MFM Group, LLC, doing business as Sizzler Restaurants, a limited liability company organized under the laws of the State of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Five Thousand Dollars ($5,000.00), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. II. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.No ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: MFM Group, LLC doing business as Sizzler Restaurants Wa��c�i�%^�ZcilafL2,�rr William Minshew, Owner/Member CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 389 FIRST AMENDMENT TO MSBG AGREEMENT PAGI? I Item#15. EXHIBIT A: APPROVED EXPENSES Previously Approved Expenses Eligible Expense Amount July Rent 8224.75 August Rent 8224.75 Total Eligible Expenses 16,449.50 GRANT AWARD $10,000.00 Current Request Eligible Expense Amount Approwd Expenses Not Premausly Reimbursed 6449.50 Total Eligible Expenses Not Prevously Reimbursed 6,449.50 GRANT AWARD#2 $5,000.00 Page 390 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#15. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND PARAMOUNT CHILDCARE & EARLY LEARNING CENTER FOR IDAHO REBOUNDS— MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Paramount Childcare&Early Learning Center for Idaho Rebounds—Municipal Small Business Grant Funds("First Amendment")is entered into this ?,2 day of DeC 2020("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City")and Paramount Childcare&Early Learning Center, a Limited Liability Company organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. SECTION I.A.AMENDED. Section LA of the Agreement shall be amended to read as follows: A.Activities. Grantee shall use City's MSBG funds in an amount not to exceed four thousand six hundred thirty three dollars and forty eight cents($4,633.48), for the approved expenses,as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules. H. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars($15,000.00),within thirty (30)days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICAmNS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement,including recitals and exhibits thereto, shall remain in full force and effect. No other understanding,whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge,limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Paz unt Childcare&Early Learning Center ea Mayer, Owner CITY OF MERIDIAN: BY: Attest: Page 391 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Item#15. Robert E. Simison, Mayor Chris Johnson, City Clerk EXHIBIT A: APPROVED EXPENSES Previously Requested Expenses Eligible Expense Amount Rent-September 7269.24 Rent-October 7364.24 Total Eligible Expenses 14,633.48 Approved Amount 10,000.00 Current Request Eligible Expense Amount Rent-October 4633.48 Not previously reimbursed Total Eligible Expenses 4,633.48 Page 392 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#15. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND RCUBED,INC.DOING BUSINESS AS ENVIE FITNESS FOR IDAHO REBOUNDS— MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and RCubed, Inc., doing business as EnVie Fitness, for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 5th day of January 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and RCubed, Inc., doing business as EnVie Fitness, a general business corporation organized under the laws of the State of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Five Thousand Dollars ($5,000.00), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. II. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.No ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: RCubed, Inc. doing business as EnVie Fitness Rebecca Stonhill, President CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 393 FIRST AMENDMENT TO MSBG AGREEMENT PAGE I Item#15. EXHIBIT A: APPROVED EXPENSES Previously Approved Expenses Eligible Expense Amount July Rent 4817.00 August Rent 4817.00 September Rent 4817.00 Total Eligible Expenses 14,451.00 GRANT AWARD $10,000.00 Current Request Eligible Expense Amount Approved Expenses Not Previously Reimbursed 4451.00 November Rent-NEW 4720.00 Tatal Eligible Expenses Not Previously Reimbursed 9,171.00 GRANT AWARD#2 $5,000.00 Page 394 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#15. AGREEMENT BETWEEN CITY OF MERIDIAN AND TEN MILE ACADEMY, LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this AS-day of D 020 by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Ten Mile Academy, LLC, a limited liability company, organized under the laws of the State of Idaho ("Grantee"). WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et sect. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS,it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW,THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORD A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Fifteen Thousand Dollars ($15,000) for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria; 1. Grantee has 500 or fewer employees. MSBG GRANTEE AGREEMENT PAGE 1 Page 395 Item#15. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. d. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds arc awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders,need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. S. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 1.0. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations, C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000,00),within thirty(30) days of receipt of the specified fiends by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement.The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding.It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement MSBG GRANTEE AGREEMENT PAGE 2 Page 396 Item#15. are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailcd in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian Ten Mile Academy, LLC Attn: Economic Development Administrator Attn: Gregory Feltenberger, Owner/Manager 33 E. Broadway Avenue 2068 E Handel Ct Meridian, Idaho 83642 Meridian, ID 83646 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of,resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry,national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five (5) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of.this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline,policy or directive as may become applicable at any time; MSBG GRANTEE AaREEn ENT PAGE 3 Page 397 Item#15. b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of fiends provided under this Agreement; or d. Submission of receipts,reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall,within fourteen(14) days of City's demand, reimburse City for all MSBG fiends disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. NTEE: e ile Acade L Gregory F It b(-IgLr, Owner/Ma age CITY: City of Meridian Attest: By: Robert E. Simison, Mayor Chris Johnson, City Clerk MSBG GRANTEE AGREEMENT PAGE 4 Page 398 Item#15. EXHIBIT A: APPROVED EXPENSES El€gable Expense Amount Rent-October, Prorated for Move In 5,962.70 Rent- November 14,218.7E Total Eligible Expenses 20,181.4E GRANT AWARD $15,000.00 MSBG GRANra;AGREEMENT PAGE 5 Page 399 i Item#16. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: water Sewer Improvements - East State Ave. Construction Contract to Blue Sky Construction Page 400 Item#16. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez Meeting Date: 1/5/2021 Presenter: N/A Estimated Time: N/A Topic: Award of Bid and Construction Contract Recommended Council Action: Approve award of bid and Construction Contract to Blue Sky Construction for the "Water Sewer Improvements at East State Ave." project for the Not-to-Exceed amount of$1,754,782.07 and also authorize Procurement Manager to sign the Purchase Order for the Not-to-Exceed amount of $1,754,782.07. Background: Three (3) bids were received on November 19, 2020 and Blue Sky Construction was the low bidder. Page 401 Item#16. ��E IDIAN-- BID RESULTS BID N�WATER&SEWER IMPROVEMENTS- EAST STATE AVE. DUE DATE&TIME: November 19,2020 2:30 BID NIPW-21 02-1 0 594.d Blue Sky Construction,LLC. Cougar Excavation Knife River Corporation- Total Cost $1,754,782.0799999998 $1,806,444.0 $2,648,060.0 Selected 43 0 0 $1,754,782.0799999998 $0 $0 # Items Quantity Unit UnitPrice TotalCost UnitPrice TotalCost UnitPrice TotalCost r #0-1 205.4.1.B.1 Dewatering 1 LS $72,696.0 $72,696.0 $2 $2 $27,000.0$27,000.0 #0-2 304.4.1.B.1 Trench Foundation Stabilization Material 1000 TN $16.81 $16,810.0 $16 $26,000.0 $30 $30,000.0 #0-3 306.4.1.D.1 Imported Trench Backfill 1500 TN $16 $24,000.0 $18 $27,000.0 $20 $30,000.0 #0-4 307.4.1.F.1 Type"P-1"Surface Restoration(Asphalt Roadway-Sewer Main) 3467 LF $47.33 $164,093.11 $40 $238,680.0 $85 $294,695.0 #0-5 307.4.1.F.1 Type"P-1"Surface Restoration(Asphalt Roadway-Water Main) 930 LF $41.01 $38,139.299999999996 $28 $26,040.0 $96 $89,280.0 #0-6 307.4.1.F.5 Type"P-1"Surface Restoration(Asphalt Roadway-Sewer Service) 1535 LF $35.76 $54,891.6 $32 $49,120.0 $26 $39,910.0 #0-7 307.4.1.F.5 Type"P-1"Surface Restoration(Asphalt Roadway-Water Service) 638 LF $38.28 $24,422.64 $28 $17,864.0 $18 $11,484.0 #0-8 307.4.2.A.1 ACHD Type II Micro Surfacing Repair 695 SY $5.25 $3,648.75 $13.2 $9,174.0 $6 $4,170.0 #0-9 308.4.1.C.1 PVC Casing Sleeve-Sewer Main 11 EA $1,824.84 $20,073.239999999998 $428 $4,708.0 $1,450.0 $15,950.0 #0-30 308.4.1.C.3 PVC Casing Sleeve-Sewer Service 27 EA $1,296.61 $35,008.469999999994 $174 $4,698.0 $440 $11,880.0 #0-11 308.4.1.C.3 PVC Casing Sleeve-Water Main 6 EA $1,705.75 $10,234.5 $428 $2,568.0 $2,000.0 $12,000.0 #0-12 308.4.1.C.3 PVC Casing Sleeve-Water Service 16 EA $1,103.35 $17,653.6 $140 $2,240.0 $330 $5,280.0 #0-13 401.4.1.A.1 Water Main Pipe-8"PVC 930 LF $33.72 ;2,606.88 $44 $40,920.0 $87 $80,910.0 #0-14 401.4.1.B.1 Water Main Fitting-8"Tee 2 EA $729.73 $600 $1,200.0 $656 $1,312.0 #0-15 401.4.1.B.1 Water Main Fitting-8"Bend 6 EA $434.48 $250 $1,500.0 $422 $2,532.0 #0-16 401.4.1.C.1 Connect to Existing Water Main 4 EA $2,274.22 $1,450.0 $5,800.0 $4,360.0 $17,440.0 #0-17 401.4.1.D.1 Abandon Existing Water Main 1 LS $6,227.0 $8,000.0 $8,000.0 $25,000.0$25,000.0 #0-18 402.4.1.A.1 Valve-8-inch 5 EA $1,612.88 000000001 $1,200.0 $6,000.0 $1,340.0 $6,700.0 #0-19 404.4.1.A.1 Water Service Connection-1"to Existing Meter Setter 17 EA $458.53 $7,795.009999999999 $1,000.0 $17,000.0 $1,110.0 $18,870.0 #0-20 404.4.1.B.1 Water Service Connection-1"with 3/4"Single Meter Assembly 8 EA $958.15 1$7,665.2 $1,800.0 $14,400.0 $1,650.0 $13,200.0 #0-21 404.4.1.C.1 Water Service-1-inch 810 LF $45.52 $36,871.200000000004 $22 $17,820.0 $54 $43,740.0 #0-22 501.4.1.B.1 Gravity Sewer-8"PVC 3467 LF $33.93 $117,635.31 $140 $485,380.0 $132 $457,644.0 #0-23 502.4.1.A.1 Sanitary Sewer Manhole-48"Type A 17 EA $7,109.56 $120,862.52 $6,000.0 $102,000.0 $4,530.0 $77,010.0 #0-24 502.4.1.F.1 Connect to Existing Sewer or Manhole 5 EA $2,053.4 $10,267.0 $1,400.0 $7,000.0 $2,870.0 $14,350.0 #0-25 504.4.1.E.1 Sewer Service-4-inch 7286 LF $86.92 $633,299.12 $72 $524,592.0 $100 $728,600.0 #0-26 504.4.1.F.1Sewer Service Marker 1 Ea $269.45 $269.45 $400 $400 $500 $500 #0-27 507.4.1.L.lAbandon Existing Sewer(In-Place) 5389 LF $1.92 $10,346.88 $2 $10,778.0 $3 $16,167.0 #0-28 507.4.1.M.lAbandon Sanitary Sewer Manhole 12 EA $2,947.68 $35,372.159999999996 $1,200.0 $14,400.0 $2,500.0 $30,000.0 #0-29 601.4.1.B.11rrigation/Storm Drain Crossing 26 EA $1,090.45 $28,351.7 $1,140.0 $29,640.0 $1,110.0 $28,860.0 #0-30 706.4.1.A.16-inch Vertical Curb and Gutter 129 LF $19.5 $2,515.5 $40 $5,160.0 $32 $4,128.0 #0-31 706.4.1.E.1Concrete Sidewalk-4 inch 40 SY $65.26 $2,610.4 $100 $4,000.0 $47 $1,880.0 #0-32 706.4.1.F.SConcrete Driveway Approach Repair 29 SY $79.15 $2,295.3 5 0000000 0004 $100 $2,900.0 $50 $1,450.0 #0-33 706.4.1.G.1Concrete Repair 29 SY $79.15 $2,295.3500000000004 $100 $2,900.0 $102 $2,958.0 #0-34 1006.4.1.C.11nlet Protection 18 EA $54.41 $979.3799999999999 $120 $2,160.0 $20 $360 #0-35 1103.4.1.A.1Construction Traffic Control 1 LS $42,420.0 $42,420.0 $68,000.0$68,000.0 $100,000.1$100,000.0 #0-36 2010.4.1.A.1Mobilization(5%Max.) 1 LS $79,026.E $79,026.6 $80,000.0$80,000.0 $120,000.1$120,000.0 #0-37 2020.4.1.F.1Reference and Reset Monuments 20 EA $420 A20,490.27 $460 $9,200.0 $400 $8,000.0 #0-38 SP-2102.4.1.A.1Construction Coordination 1 LS $13,156.0 0 $5,000.0 $5,000.0 $246,000.1$246,000.0 #0-39 SP-2105.4.1.A.1Sewage By-Pass Systems 1 LS $20,490.2727 $25,000.0$25,000.0 $2,000.0 $2,000.0 #0-40 SP-2216.4.1.A.1Storm Water Management 1 LS $3,669.75 5 $8,000.0 $8,000.0 $10,000.0$10,000.0 #0-41 SP-2220.4.1.A.1Waterline Lowering 20 LF $285.73 $120 $2,400.0 $205 $4,100.0 #0-42 SP-2222.4.1.A.lIPCO Power Pole Support 1 EA $6,300.0 $800 $800 $2,200.0 $2,200.0 #0-43 504.4.1.G.1 Sewer Service-4-inch HDD at"120 E.State" 1 LS $15,687.9 9 $6,000.0 $6,000.0 $10,500.0$10,500.0 Page 402 Item#�s. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 12/28/2020 REQUESTING DEPARTMENT PW Project Name: Water Sewer Improvement-E State Project Manager: Troy Thrall Contract Amount: $1,754,782 Contractor/Consultant/Design Engineer: Contractor-Blue Sky Construction Is this a change order? Yes ❑ No ❑ Change Order No. N/A II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3490&3590 Yes 0 No ❑ Construction ❑ GL Account 95000 FY Budget: 2021 Task Order ❑ Project Number: 10594 Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No 0 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 0 No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 12/14/2020 7 day protest period ends: December 21,2020 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License 8847 Expiration Date: 10/31/2021 Corporation Status Active-Existing Insurance Certificates Received(Date): 12/28/2020 Expiration Date: 3/10/2021 Rating: A+ Payment and Performance Bonds Received(Date): 12/28/2020 Rating: A Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased? (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: Clint Dolsby Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: December 28,2020 Approval Date 1-5-2021 By: Robert Simison,Mayor Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Page 403 Contract Request Checklist.5.24.2016.Final Item#16. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2020 Through 9/30/2021 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 95000 Service Line/Main Replacement 1,316,000.03 0.00 1,316,000.03 100.00% Carr... Carryforward 613,920.00 0.00 613,920.00 100.00% Total Capital Outlay 1,929,920.03 0.00 1,929,920.03 100.00% TOTAL EXPENDITURES 1,929,920.03 0.00 1,929,920.03 100.00% Page 404 Date: 10/22/20 07:45:45 AM Pag Item#16. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3590 - WW Construction Projects From 10/1/2020 Through 9/30/2021 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 95000 Service Line/Main Replacement 849,999.96 0.00 849,999.96 100.00% 11073.a Sewer Main Replace-E 0.00 21,675.00 (21,675.00) 0.00% Broadway-NE 3rd to NE 6th St Consult Carr... Carryforward 1,949,549.04 0.00 1,949,549.04 100.00% Total Capital Outlay 2,799,549.00 21,675.00 2,777,874.00 99.23% TOTAL EXPENDITURES 2,799,549.00 21,675.00 2,777,874.00 99.23% Page 405 Date: 10/22/20 07:47:24 AM Pag Item#16. CONTRACT FOR PUBLIC WORKS CONSTRUCTION WATER & SEWER IMPROVEMENTS - EAST STATE AVE. PROJECT# 10594.11) THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 5th 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 BLUE SKY CONSTRUCTION, hereinafter referred to as "CONTRACTOR", whose business address is 2365 E Columbia Rd. Meridian, ID 83642 and whose Public Works Contractor License is 008847. INTRODUCTION Whereas, the City has a need for services involving Water& Sewer Improvements - East State Ave.; and WHEREAS, the Contractor 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 Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "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 Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; 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 Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, 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 Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor page 1 of 14 Page 406 Item#16. 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 Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor 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 Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $1,754,782.07. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, 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 Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor 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 or material escalations. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. page 2 of 14 Page 407 Item#16. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 160 (one hundred sixty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 190 (one hundred ninety) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of$300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, 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 City determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR 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 CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this page 3 of 14 Page 408 Item#16. Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor 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 Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901 B. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and page 4 of 14 Page 409 Item#16. all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000)per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'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 Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR 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. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. page 5 of 14 Page 410 Item#16. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation,which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. page 6 of 14 Page 411 Item#16. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.asi)x?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 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. 17.2 Contractor 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. page 7 of 14 Page 412 Item#16. 18. 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 CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. 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. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race,color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR 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. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. 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. 23. 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 page 8 of 14 Page 413 Item#16. contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. 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. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. 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. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR 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. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. page 9 of 14 Page 414 Item#16. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. 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. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian BLUE SKY CONSTRUCTION, LLC. Procurement Manager Attn: Brad Isreal 33 E Broadway Ave 2365 E. Columbia Rd Meridian, ID 83642 Meridian, ID 83642 208-489-0417 Phone: 208-288-2092 Email: brad.israel@bscidaho.com Idaho Public Works License #008847 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. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: BY: 4 - KEITH WATTS, Procurement Manager page 10 of 14 Page 415 Item#16. / Dated: 1-5-2021 Dated: It /2-d Ly Approved by Council: 1-5-2021 Project Manager Troy Thrall page 11 of 14 Page 416 Item#16. IELf- 2365 E COLUMBIA RD — MERIDIAN , ID 83642 PHONE ( 208 ) 288 - 2092 — FAX ( 208 ) 288 - 2084 November 9,2016 I,J. Sean Black,authorize C.P. Shannon,General Manager of Blue Sky Construction,to sign documents on behalf of Blue Sky Construction LLC. SieSea�n l , lack Page 417 Item#16. No. W 70153 Due no later than San 31,2016 2•Registered Agent and Address Annual Report Form (NO PO BOX) Return to: DOUGLAS E BLACK SECRETARY OF STATE 1.Mailing Address:Correct in this box if needed. 950 W BANNOCK ST STE 810 700 WEST JEFFERSON BLUE SKY CONSTRUCTION,LLC BOISE ID 83702-6137 PO BOX 83720 PAULA E HANKS BOISE,ID 83720-0080 2365 E COWMBIA ROAD MERIDIAN ID 83642-7211 3.New Registered Agent Signature:* NO FILING FEE IF USA RECEIVED BY DUE DATE 4.Limited Uability Companies:Enter Names and Addresses of at least one Member or Manager. Office Held Name Street or PO Address City State Country Postal Code MANAGER JOSEPH SEAN BLACK 2365 E COWMBIA RD MERIDIAN ID USA 83642 MANAGER DOUGLAS E BLACK 950 W BANNOCK ST STE 810 BOISE ID USA 83702- 6137 5.Organized Under the Laws of: 6.Annual Report must be signed.* ID Signature:DOUGLAS E BLACK Date: 11/16/2015 W 70153 Name(type or print):DOUGLAS E BLACK Title: CFO,MANAGING MEMBER Processed 11/16/2015 *Electronically provided signatures are accepted as original signatures. Page 418 Item#16. EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-2102-10594.D ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-2102-10594.D, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • PLANS titled EAST STATE AVENUE WATER AND SEWER IMPROVEMENTS dated 2020 by JUB Engineers, Inc. (18 pages) page 12 of 14 Page 419 Item#16. Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $1,754,782.07. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 160 Days from Notice to Proceed Milestone 2 Final Completion 190 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WATER & SEWER IMPROVMEENTS — EAST STATE AVE per lFB PW-2102-10594.D NOT TO EXCEED CONTRACT TOTAL....................... $1,754.782.07 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. Contract Pricing Schedule Item No. Description Quantity Unit Unit Price #0-1 205.4.1.6.1 Dewatering 1 LS $72,696.00 304.4.1.6.1 Trench Foundation Stabilization #0-2 Material 1000 TN $ 16,810.00 #0-3 306.4.1.D.1 Imported Trench Backfill 1500 TN $ 24,000.00 307.4.1.F.1 Type"P-1" Surface Restoration #0-4 (Asphalt Roadway-Sewer Main) 3467 LF $ 164,093.11 307.4.1.F.1 Type"P-1"Surface Restoration #0-5 (Asphalt Roadway-Water Main) 930 LF $ 38,139.29 307.4.1.F.5 Type"P-1"Surface Restoration #0-6 (Asphalt Roadway -Sewer Service) 1535 LF $ 54,891.60 307.4.1.F.5 Type"P-1"Surface Restoration #0-7 (Asphalt Roadway -Water Service) 638 LF $ 24,422.64 307.4.2.A.1 ACHD Type II Micro Surfacing #0-8 Repair 695 Sy $3,648.75 #0-9 308.4.1.C.1 PVC Casing Sleeve-Sewer Main 11 EA $ 20,073.23 #0-10 308.4.1.C.3 PVC Casing Sleeve-Sewer Service 27 EA $ 35,008.46 #0-11 308.4.1.C.3 PVC Casing Sleeve-Water Main 6 EA $ 10,234.50 #0-12 308.4.1.C.3 PVC Casing Sleeve-Water Service 16 EA $ 17,653.60 #0-13 401.4.1.A.1 Water Main Pipe-8" PVC 930 LF $ 31,359.60 #0-14 401.4.1.B.1 Water Main Fitting-8"Tee 2 EA $ 1,459.46 #0-15 401.4.1.13.1 Water Main Fitting-8" Bend 6 EA $2,606.88 page 13 of 14 Page 420 Item#16. #0-16 401.4.1.C.1 Connect to Existing Water Main 4 EA $9,096.88 #0-17 401.4.1.D.1 Abandon Existing Water Main 1 LS $6,227.00 #0-18 402.4.1.A.1 Valve-8-inch 5 EA $8,064.40 404.4.1.A.1 Water Service Connection-1"to #0-19 Existing Meter Setter 17 EA $7,795.00 404.4.1.13.1 Water Service Connection- 1" #0-20 with 3/4"Single Meter Assembly 8 EA $7,665.20 #0-21 404.4.1.C.1 Water Service- 1-inch 810 LF $36,871.20 #0-22 501.4.1.6.1 Gravity Sewer-8" PVC 3467 LF $ 117,635.31 502.4.1.A.1 Sanitary Sewer Manhole-48" #0-23 Type A 17 EA $ 120,862.52 502.4.1.F.1 Connect to Existing Sewer or #0-24 Manhole 5 EA $ 10,267.00 #0-25 504.4.1.E.1 Sewer Service-4-inch 7286 LF $633,299.12 #0-26 504.4.1.F.1 Sewer Service Marker 1 EA $ 269.45 #0-27 507.4.11.1 Abandon Existing Sewer(In-Place) 5389 LF $ 10,346.88 #0-28 507.4.1.M.1 Abandon Sanitary Sewer Manhole 12 EA $35,372.15 #0-29 601.4.1.13.1 Irrigation/Storm Drain Crossing 26 EA $ 28,351.70 #0-30 706.4.1.A.1 6-inch Vertical Curb and Gutter 129 LF $2,515.50 #0-31 706.4.1.E.1 Concrete Sidewalk-4 inch 40 SY $2,610.40 706.4.1.F.1 Concrete Driveway Approach #0-32 Repair 29 SY $ 2,295.35 #0-33 706.4.1.G.1 Concrete Repair 29 SY $2,295.35 #0-34 1006.4.1.C.1 Inlet Protection 18 EA $979.37 #0-35 1103.4.1.A.1 Construction Traffic Control 1 LS $42,420.00 #0-36 2010.4.1.A.1 Mobilization (5% Max.) 1 LS $79,026.60 #0-37 2020.4.1.F.1 Reference and Reset Monuments 20 EA $8,400.00 #0-38 SP-2102.4.1.A.1 Construction Coordination 1 LS $ 13,156.00 #0-39 SP-2105.4.1.A.1 Sewage By-Pass Systems 1 LS $ 20,490.27 #0-40 SP-2216.4.1.A.1 Storm Water Management 1 LS $3,669.75 #0-41 SP-2220.4.1.A.1 Waterline Lowering 20 LF $5,714.60 #0-42 SP-2222.4.1.A.1 IPCO Power Pole Support 1 EA $6,300.00 504.4.1.G.1 Sewer Service-4-inch HDD at"120 #0-43 E.State" 1 LS $ 15,687.90 page 14 of 14 Page 421 Item#17. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 20-2252: A Resolution of the Mayor and the City Council of the City of Meridian Authorizing the Tenth Continuance of A Local Disaster Emergency Declaration And Its Terms For An Additional Thirty (30) Days; Authorizing The Continued Immediate Expenditure Of Public Money To Safeguard Life, Health And Property. Page 422 ADA COUNTY RECORDER Phil McGrane 2021-002163 BOISE IDAHO Pgs=3 BONNIE OBERBILLIG 01/06/2021 09:44 AM CITY OF MERIDIAN, IDAHO NO FEE RESOLUTION NO. 20-2252 BERNT, BORTON, CAVENER, BY THE COUNCIL: HOAGLUN, PERREAULT, STRADER A RESOLUTION AUTHORIZING THE TENTH CONTINUANCE OF A LOCAL DISASTER EMERGENCY DECLARATION AND ITS TERMS FOR AN ADDITIONAL THIRTY (30) DAYS; AUTHORIZING THE CONTINUED IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH AND PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 2019 novel coronavirus (COVID-19)pandemic continues to represent an imminent threat to the life,health, and property of the City of Meridian and its citizens; and WHEREAS, a local disaster emergency, as defined in Section 46-1002, Idaho Code, continues to be in existence in the City of Meridian due to the imminent threat to life and property; and WHEREAS,pursuant to the authority granted in Section 46-1011, Idaho Code, the Mayor of the City of Meridian, on March 16, 2020, declared a local disaster emergency; and WHEREAS, on March 17, 2020 the City Council of the City of Meridian passed Resolution 20-2195 ratifying the Mayor's Declaration and authorizing the continuance of the local disaster emergency declaration for a period of thirty(30) days; and WHEREAS, on April 14, 2020 the City Council of the City of Meridian passed Resolution 20- 2203 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on May 12, 2020 the City Council of the City of Meridian passed Resolution 20- 2210 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on June 9, 2020 the City Council of the City of Meridian passed Resolution 20- 2214 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on July 14th 2020, the City Council of the City of Meridian passed Resolution 20-2216 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, on August 11, 2020, the City Council of the City of Meridian passed Resolution 20-2222 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Pagel Item#17. WHEREAS, on September 8, 2020, the City Council of the City of Meridian passed Resolution 20- 2228 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on October 13, 2020, the City Council of the City of Meridian passed Resolution 20-2232 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, on November 4, 2020, the City Council of the City of Meridian passed Resolution 20-2241 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, on December 8, 2020, the City Council of the City of Meridian passed Resolution 20-2246 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, it is deemed necessary by the Council of the City of Meridian to extend such local disaster emergency declaration for an additional thirty(30) days to provide for the ongoing response to the COVID-19 pandemic; and WHEREAS, Section 67-2808, Idaho Code, authorizes the Council of the City of Meridian to declare an emergency authorizing the immediate expenditure of public money to safeguard life, health or property; and WHEREAS, the Council of the City of Meridian deems it necessary for the health and safety of the citizens of the City of Meridian to continue the authorization for the immediate expenditure of public money to safeguard life, health and property; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Declarations of Local Disaster Emergency pursuant to Resolutions 20- 2195, 20-2203, 20-2210, 20-2214, 20-2216, 20-2222, 20-2228, 20-2232, 20-2241; and 20-2246 shall remain in effect for an additional period of thirty(30) days from the effective date of this Resolution unless terminated, modified or unless extended for thirty(30) day increments. Section 2. That the continued immediate expenditure of public money to safeguard the life, health and property of the City of Meridian is hereby authorized for an additional thirty(30) day increment. Section 3. That this Resolution shall be effective on January 11, 2021, and shall establish and continue an uninterrupted period of Emergency Declaration from March 17, 2020 through midnight on February 9, 2021. Section 4. That this resolution shall supersede and void all other resolutions, orders, or parts thereof that may conflict herewith. RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Page 2 page 424 Item#17. Section 5. That a copy of this resolution shall be promptly filed with the Ada County Recorder. ADOPTED by the Council of the City of Meridian, Idaho, this 5th day of January, 2021. APPROVED by the Mayor of the City of Meridian, this 5th day of January, 2021. Robert E. Simison Mayor ATTEST: Chris Johnson City Clerk STATE OF IDAHO ) ss County of Ada ) On this 5th day of January 2021,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Page 3 page 425 Item#18. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Fiscal Year 2021 Net-Zero Budget Amendment for Downtown Banners and Site Furnishing Maintenance Page 426 Qbhf!538 12-22-20 Jufn!$29/ Item#18. 12/21/2020 11:14AM City of Meridian FY2021 Budget Amendment Form Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Parks Funding 2021 2022 2023 2024 2025 Title: Net Zero Amendement for Downtown Site Furnishings Personnel 5 S 5 - $ $ luxeni'liol,-,run Sul,rnituuf,e„df;.,t;��nr=rdr�.nt..: Operating $ 5,112 $ $ $ $ >Department will send Amendment with Directors signature to Finance(Budget Analyst)for review Capital $ >Finance will send Amendment to Council Liaison for signature Total $ $ 5,112 $ $ $ $ - >Council Liaison will send signed Amendment to Mayor Total Estimated Project Cost: $ 5,112 >Mayor will send signed Amendment to Finance(Budget Analyst) Evaluation Questions > Finance(Budget Analyst)will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. > Department will add copy of Amendment to Council Agenda using Novus Agenda Manager 1. Deser€be what is being requested? Authorization to spend$5112.00 on Downtown Benches,Replacement Parts and one set(32)of banners that mount on Main Street Light Poles.U pon Purchase,collect reimbursement from MDC.Reference 6a-2021 MOA MDC and City for Historic Banners.In addition Reference 7a-2021 MCA MDC and City for Replacement and Repair of Streetscape Improvements. 2. Why was this budget request not submitted during the current fiscal year budget cycle? MOA implemented Dec 2020 3. What€s the explanation for not submitting this budget request during the next fiscal year budget cycle? Replacements will be needed prior to 10/2021 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and ` sources of anticipated additional revenue that will result from approval of this request. Reimbursable from MDC 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 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. No 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No No 8.Is the amendment goingto result in the disposal of an asset?(Yes or No) N.o 9.Anyf additional comments? Total Amendment Request $ 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. City of Meridian FY2020 Budget Amendment Form H:\Budget Amendment-MDC Bench and Banner A Page 428 Item#19. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Police Department: Fiscal Year 2021 Budget Amendment in the amount of $1500.00 for Idaho State Liquor Division Mini Grant Page 429 Item#19. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: January 5, 2021 Presenter: Kendall Nagy, Lt. Jamie Leslie Estimated Time: 10 minutes Topic: FY2021 Budget Amendment form Idaho State Liquor Division Mini Grant Recommended Council Action: Spend Approval Background: Page 430 Qbhf!542 12-17-20 Jufn!$2:/ Item#19. 12:43PM City of Meridian FY2021 Budget Amendment Form Prior Year(sf Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Police Funding 2021 2022 2023 2024 2025 Title: Police MADC:ID State Liuor Div.Mini Grant Personnel $ - $ _ $ _ $ - $ - lilstrucdons for submitting Budget Anwendmaents: Operating $ 1,500 $ $ $ $ Y Department W1 Send Amendment with Dlrectors signature to Finance(Budget Analot)for review Capital $ - 7 Finance will tend Amendment to Cound➢LI2ISM for signature Total $ $ 1,500 $ $ $ $ 7 CUUM11 liaison wlii Send slgned Amendment to Mayor Total Estimated Project Cost: $ 1r5D0 )Mayor will send signed Amendment to Finance(Budget Analyst) Evaluation Questions Please answer all Evaluation Questions using the financial data referenced above. )Finance(Budget Analys!)will send approved pppy of Amendment to Department a D@pamnent will add copy of Amendment tocouncBAgenda ursYng Novus Agenda Manager 1. Describe what is being requested? Spending authority of grant funds from ID State Liquor Division for Red Ribbon Week speaker. 2. Why was this budget request not submitted during the current fiscal year budget cycle?— _ .. .. .- — Grant funding awarded December 15,2020-award decision not known during budget cycle- r 3. What is the explanation for nat submitting this budget request during the next fiscal year budget cycle? i Grant funds are an State fiscal cycle not City cycle. 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 a sources of anticipated additional revenue that will result from approval of this request. Grant revenue/funding revenue neutral budget amendment. S.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? tYes,police education and prevention through MADC. fi. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. No. 7.Does this Amendment include a ny needed Eq ui pment or Software that will utilixethe Ci 's network? Yes or No no 8.Is the amendment going to result in the dis osal of an asset? Yes or No 9.An addi i al Comm t ? J r Total Amendment Request $ - J 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 432 r'ifu of U-iriion rv7n']n tr...v.,.,.n..,.....N..,,.... -- Item#19. IDAHO STATE IDAHO STATE LIQUOR DIVISION LIQUOR 2020-2021 Alcohol Education DIVISION Mini Grant Program Report Guidelines 2020-2021 Education Mini Grant Program Report Guidelines ISLD Mini Grant Education Award winners must submit a detailed report of the project that was funded upon completion of the project or by June 30, 2021. please include details of the project process and products and how project strategies and objectives were met. A description of what should be included in your report is listed below: ■ Describe the activity that the ISLD Mini Grant Education Award was used to fund. Please provide detail on how funds were used and in what amounts. If there is more than one activity, please provide a description for each one, Include as much detail as necessary and include the audience(s) targeted by this activity. Was there a strong focus on underage and/or dangerous drinking? • If possible, list other sources that funded this activity and the approximate amount that were provided. • What role did the ISLD agency play in this activity? • How did this activity contribute to the prevention of irresponsible use of alcohol? • How did this activity encourage community involvement and/or coalition building? • What were the overall results of this funded activity? Your report should be completed in a Word Document format or as a PDF file. Please provide any products, reports, announcements or other materials (i.e. brochures, press materials, pictures, flyers, etc.) generated by the funded activity. You may reach out to Catie Wiseman with any questions about your project and/or report at either (208)947-9410/ catie.Wiseman MUcl uor.idaho.gov. Thank you for your efforts in raising alcohol awareness! Legal Disclosure As part of all announcements made or promotional material distributed concerning activities funded by this award, recipients are requested to disclose that the activity was funded,in whole or in part, by funds from the Idaho State Liquor Division (ISLD) and the National Alcohol Beverage Control Association (NABCA). Distribution of awards is conditioned on recipient's compliance with any proposal submitted or any terms and conditions accompanying the education award, By making this award, ISLD or NABCA assumes no liability for any activity undertaken by recipient using award funds. Page 433 Revised September Item#19. Brad Purser From: Catie Wiseman <Catie.Wiseman@liquor.idaho.gov> Sent: Tuesday, December 15, 2020 11:59 AM To: Kendall Nagy Cc: Jeff Anderson; Tony Faraca Subject: CONGRATULATIONS! 2020-2021 Idaho State Liquor Division Mini Grant Awardee - MADC Attachments: 2020-2021 ISLD Mini Grant Program Report Guidelines.pdf, ISLD_LOGO_FINAL.JPG; nabca.png Follow Up Flag: Follow up Flag Status: Completed External Sender-Please use caution with links or attachments. Dear Ms. Kendall Nagy, On behalf of the National Alcohol Beverage Control Association (NABCA) Board of Directors and the Idaho State Liquor Division (ISLD), it is my pleasure to inform you and the Meridian Anti-Drug Coalition that your request for support of your"Red Ribbon Week: Be Safe and Sober Assembly Speaker" project was selected as an awardee of the 2020-2021 Idaho State Liquor Division Alcohol Education Mini-Grant Program. The amount granted is$1,500.00.You will receive a check by mail for the total amount gifted approximately the first week of January. Recipients of awards are requested to disclose any and all activity funded by grant dollars, including announcements, promotional materials, or other undertakings, as funds from the ISLD and NABCA.As you create any posters,flyers, brochures, or other media materials, please use our attached brand marks appropriately.A final review would be great when possible. Distribution of awards is conditioned on recipient's compliance with any proposal submitted or any terms and conditions accompanying the educational award. By gifting this award, ISLD or NABCA assumes no liability for any activity undertaken by recipient using award funds. I have attached our report guidelines that will be requested in June 2021. Please review those so you know what is expected after your project has completed. Please keep me informed throughout your planning process and let me know if there is any other way the ISLD can be helpful and perhaps a part of your program. We would like to be a resource to you if at all possible. We applaud your efforts in raising alcohol awareness and for helping change the environment in your community regarding underage and dangerous drinking. We appreciate you! Congratulations! Catie 1 Page 434 Ltl--#-19—�iseman People and Community Manager Idaho State Liquor Division 1349 E Beechcraft Court Boise, ID 83716 O: (208) 947-9410 C: (208)871-0929 https://Iiguor.idaho.gov https://mixblendenooy.com 2 Page 435