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2021-02-09 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, February 09, 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/89994601213 Or join by phone: 1-669-900-6833 Webinar ID: 899 9460 1213 ROLL CALL ATTENDANCE PRESENT Councilwoman Jessica Perreault Councilman Joe Borton Councilman Luke Cavener (5:08pm) Councilman Brad Hoaglun Councilman Treg Bernt Mayor Robert E. Simison ABSENT Councilwoman Liz Strader 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 1. Approve Minutes of the January 26, 2021 City Council Work Session 2. Approve Minutes of the January 26, 2021 City Council Regular Meeting 3. Approve Minutes of the February 2, 2021 City Council Work Session 4. Approve Minutes of the February 2, 2021 City Council Regular Meeting 5. Final Plat for Apex Southeast No. 1 (FP-2020-0013) by Brighton Development, Located on the Southeast Corner of S. Locust Grove Rd. and E. Lake Hazel Rd. 6. Final Order for Bainbridge No. 12 (FP-2020-0016) by Brighton Development, Located on the South Side of W. Chinden Blvd./SH 20-26, Approximately 1/3 of a Mile West of N. Ten Mile Rd. 7. Final Order for Earl Glen Subdivision (TECC-2020-0003) by Riley Planning Services, Located at 1780 E. McMillan Rd. 8. Final Order for Stapleton No. 2 (FP-2020-0014) by Conger Group, Located at the Southwest Corner of W. Harris St. and S. Meridian Rd./SH-69 9. Findings of Fact, Conclusions of Law for Spurwing Sewer Easement Annexation (H- 2020-0087) by Shari Stiles, Engineering Solutions, LLP, Generally Located North of W. Chinden Blvd./Sh 20-26, Northeast of N. Ten Mile Rd. 10. City Utilities Reimbursement Agreement Between City of Meridian and Meridian CenterCal, LLC for Meridian Town Center Phase 3 Eagle Road Water Main Improvements 11. Memorandum of Agreement with Meridian Development Corporation for Contribution to Concerts on Broadway 2021 12. Memorandum of Agreement with Meridian Development Corporation for Contribution to Traffic Box Community Art Project 2021 13. Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County 14. Approval of Grantee Agreement for the Meridian Small Business Grant Program 15. Resolution No. 21-2255: A Resolution Authorizing the Eleventh 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 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 16. Transportation Commission 2020 End of Year Report 17. Discussion and Approval of Ada County Highway District Integrated Five-Year Work Plan Project Requests and Prioritization EXECUTIVE SESSION Motion to enter executive session made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilman Cavener In to session: 5:19 pm Out of session: 5:54 pm 18. Per Idaho Code 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. ADJOURNMENT 5:54 pm Item#1. Meridian City Council Work Session February 9, 2021. A Meeting of the Meridian City Council was called to order at 4:36 p.m., Tuesday, February 9, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Liz Strader. Also present: Chris Johnson, Bill Nary, Mark Ford, Joe Bongiorno, Miranda Carson and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener (5:08 p.m.) _X_ Mayor Robert E. Simison Simison: Okay. Council, I will call this meeting to order. For the record it is February 9th, 2021, at 4:36 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next up is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the agenda as published. 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: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the January 26, 2021 City Council Work Session 2. Approve Minutes of the January 26, 2021 City Council Regular Meeting Page 4 Meridian City Council Work Session Item#1. February 9,2021 Page 2 of 1 1 3. Approve Minutes of the February 2, 2021 City Council Work Session 4. Approve Minutes of the February 2, 2021 City Council Regular Meeting 5. Final Plat for Apex Southeast No. 1 (FP-2020-0013) by Brighton Development, Located on the Southeast Corner of S. Locust Grove Rd. and E. Lake Hazel Rd. 6. Final Order for Bainbridge No. 12 (FP-2020-0016) by Brighton Development, Located on the South Side of W. Chinden Blvd./SH 20- 26, Approximately 1/3 of a Mile West of N. Ten Mile Rd. 7. Final Order for Earl Glen Subdivision (TECC-2020-0003) by Riley Planning Services, Located at 1780 E. McMillan Rd. 8. Final Order for Stapleton No. 2 (FP-2020-0014) by Conger Group, Located at the Southwest Corner of W. Harris St. and S. Meridian Rd./SH-69 9. Findings of Fact, Conclusions of Law for Spurwing Sewer Easement Annexation (H-2020-0087) by Shari Stiles, Engineering Solutions, LLP, Generally Located North of W. Chinden Blvd./Sh 20-26, Northeast of N. Ten Mile Rd. 10. City Utilities Reimbursement Agreement Between City of Meridian and Meridian CenterCal, LLC for Meridian Town Center Phase 3 Eagle Road Water Main Improvements 11. Memorandum of Agreement with Meridian Development Corporation for Contribution to Concerts on Broadway 2021 12. Memorandum of Agreement with Meridian Development Corporation for Contribution to Traffic Box Community Art Project 2021 13. Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County 14. Approval of Grantee Agreement for the Meridian Small Business Grant Program 15. Resolution No. 21-2255: A Resolution Authorizing the Eleventh 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 Page 5 Meridian City Council Work Session Item#1. February 9,2021 Page 3 of 17 and Property; and Providing an Effective Date Simison: Next up 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 approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 16. Transportation Commission 2020 End of Year Report Simison: So, we will move on to Item 16 under Department/Commission Reports, which is -- first step is the Transportation Commission 2020 End of Year Report and I will turn this over to Chairman Steed. Steed: Thank you, Mr. Mayor and Council Members. I appreciate having the opportunity to be here this afternoon. I am Walter Steed and I am the chairman of the Transportation Commission effective January of 2021 . 1 became a member of the TC in July of 2020, thanks to the nomination of the Mayor and the consent of the Council. Additionally, in 2020 Jared Smith had joined the Transportation Commission in May. And just last week we welcomed another -- another new member Zachary Shoemaker. In your packet is a month-to-month breakdown of what the Commission did during 2020. We looked at many specific issues, areas that were brought to our attention by the staff, by Council Members, by other entities and the public. We review and recommend to the Council the ACHD five year work plan for roadways, intersections, pathways and community programs. We also interact with ITD, COMPASS, Valley Regional Transit regarding their actions and plans. Very importantly in 2020 the Transportation Commission discussed its future role and how to expand its role in being helpful and relevant to the Council and the community. These discussions led to the formation of two new standing committees. The first was a project review and ordinance committee and the second a development subcommittee. Their Page 6 Meridian City Council Work Session Item#1. February 9,2021 Page 4 of 17 formation included purpose statements and assignment of members to each. These were in addition to the standing committee we have had for quite a while, which is the school zone subcommittee to look at issues in school zones. This past week the commission formed a fourth standing committee to consider in depth the projects in order of the ACHD five year work plan. One issue the subcommittee -- that subcommittee looked at and, then, sent to the TC as a whole, addressed at length in 2020 Police Department requests for consideration of the issue of ATVs and UTVs on city streets. This past week we held a public hearing on the proposed ordinance revision and in light of the testimony we heard we have returned it to the subcommittee for further consideration and clarification of the ordinance. We want to get this right before we send it forward to the Council for their consideration if we end up doing that at all. So, you can look forward to hearing that in the future or we may decide that it's not going to have a recommendation from us to move it to the Council. In December we saw what the Council did last month, an in-depth PowerPoint presentation by one of our members, on the reasons for and construction of roundabouts and other methods of handling left turning traffic. I have been familiar with roundabouts for years, but learned something from that presentation and reminded me of some of the terminology that's used in the -- in the trade. The Transportation Commission is very thankful to the amount of time and effort the city staff is willing to provide support to us. We appreciate their help, their guidance, and we want to thank the Mayor and the Council for allowing them to do this. We want to thank you for your support as well. With that I will stand for any questions, Mr. Mayor. I would like to -- by the way, I would like to recommend that if you haven't had a chance to read the item in the packet that you do so. There is a bit more detail in there than what I have given you this afternoon. Simison: Thank you, Walter. Council, any questions? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Just a comment. Walter, thanks for coming tonight. I appreciate you being here. I know Councilman Cavener, the transportation liaison, isn't able to be with this -- this afternoon, but wanted to extend our greatest thanks to you and your Commission for all you do and your passion for transportation and for your desire to expand your role in our community. So, if you could maybe extend thanks to the rest of your commissioners on behalf of the Mayor and City Council we greatly appreciate it. Thank you. Steed: Thank you, sir. I will be -- I will be happy to be sure to do that. Simison: Thank you very much, Walter. Have a good night. Steed: Thank you. You, too. 17. Discussion and Approval of Ada County Highway District Integrated Five-Year Work Plan Project Requests and Prioritization Page 7 Meridian City Council Work Session Item#1. February 9,2021 Page 5 of " Simison: Council, next up on our agenda is Item 17, which is a continuation from last week's discussion regarding the ACHD five year work plan. I will turn this over to Miranda for any comments that she would like to make as we go into this further for direction. Carson: Hello. I received a few comments during the week from Council persons, as well as a few staff. So, I have just brought back the -- the list. I have added a few of the comments that I have received and I will stand for any questions regarding -- or decisions regarding rearranging those items. I will note, as I was reviewing again, there was a project that was a duplicate in the community programs, so I would suggest that we combine 33 and 36 in the community programs. That was my error. Simison: Miranda, could you take a second, just touch on any modifications that have been made? Carson: Yes. So, I have not made any modifications yet, but I will let you know some of the comments that I have received. We had the comments last week, just as a reminder, from Council Person Strader to move some of the Owyhee projects up possibly. There was also some discussion regarding moving Linder Road overpass project up. In talking with staff that's something that I believe we are in support of as staff. It came up in the Transportation Commission discussion as well when they were doing that. So, from staff we are supportive of that if the Council decides to switch the number one and number two projects. There was some question regarding moving some of the Ten Mile projects down --that are down in the south and moving those down on the list, so that we can have more focus in our southeast and northwest quadrants of the city and, then, there was also some discussion around moving a few items that are in the middle of the list up or down from Council Person Perreault. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I did notice that the Ten Mile and Overland area projects had moved down in the list and so I just was wondering if -- if Miranda or -- or you were able to share what the -- can you share some background -- background on that and, then, also I noticed that the Eagle -- that it looks like at the very end of the list, 60 and 69, Eagle Road and Amity intersections, those moved down at the bottom of the list. Is that because those are already in process and so we don't need to put them in our higher priority? Carson: Yes, Council Woman. Those were -- those are in process. They will happen. The transportation discussion had some conversation regarding removing them from the request list, because it is somewhat redundant and there were already programs that are going to happen. The decision was made to just move them down to the bottom of the list. Personal preference I think it's easier to track things if they are not taken off the list until they are actually complete. So, those were moved down to the bottom of the list. Page 8 Meridian City Council Work Session Item#1. February 9,2021 Page 6 of 11 Simison: And, Council Woman Perreault, I don't know that any change has been made. But one of the things I talked to Miranda about -- I think on -- yesterday or Friday, I don't remember which one, but, you know, when we sent the letter to ACHD -- and I don't remember if it was us that sent it or the previous Council, the years are just kind of blending together, but we talked about making a -- the Linder overpass a priority and deprioritizing the Ten Mile area roadway projects, specifically south of Victory and Ten Mile, and so when I talked to Miranda that was one of the things I thought we should discuss is if we send a letter saying that Linder is a priority and Ten Mile is not, shouldn't we adjust our priorities for the Ten Mile, so that it reflects what we stated in that letter at that time. The other item that I mentioned was specifically that segment that we have talked about on Lake Hazel between the park and Eagle Road, moving that up in the place where I thought it made sense was putting it right there at the same area where we are talking about projects along the Ustick. I think it was in 21, 22, somewhere --or, yeah, putting it at 20 just to kind of extend that conversation about prioritizing projects to Discovery Park, as well as out to Owyhee High School, at least puts it in the top 25 in my opinion, that that's -- so, it's on people's radar as something that we would like, because it's --again, it's not going to be a huge project from all intents and purposes and something that I think would make sense to highlight in a letter that we put it up there for, quite frankly, a small project when the opportunity arises from that standpoint. So, as was mentioned no changes have been made in terms of moving the Ten Mile projects around on the list to my knowledge, but that's really I think part of the question for Council is where do the -- where does Ten Mile -- should it reside on our list based upon our previous interactions with ACHD -- or communication to ACHD. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Just two questions for clarification. The Lake Hazel from Locust Grove to Eagle is not currently on the list at all; right? Carson: That is correct. Perreault: Okay. Carson: It is on the -- in community programs. Sorry. For improvements to the sidewalk and pathways, but not for road improvements. Perreault: I agree that -- that that should be and that's a good location for that, because I -- I do think the opportunity for us to potentially expand that section is going to come along sooner rather than later because of the developments that have been approved in there. So, I'm -- I'm in agreement with the Mayor in that regard. Miranda, can you show us what is happening in -- what priorities is the Ten Mile and Overland sections -- I think we need to keep those in our priority list, but as far as Ten Mile and Victory intersection goes, I'm comfortable with moving that down. I don't know if I want to take it completely off. Page 9 Meridian City Council Work Session Item#1. February 9,2021 Page 1 of 11 Carson: So, right now that Ten Mile south of Overland -- we have got them at 20, 36, 27 and, then, the Ten Mile-Overland is at five. Perreault: Okay. Simison: Yeah. Our previous conversation was only for stuff south of Victory as -- removing those from our priority -- or moving those down from our priority. Carson: So, that would be just a misunderstanding on my part. Hoaglun: Mr. Mayor? Carson: Are you able to see the map as well? Because I think that will help if -- if you're showing the map. Simison: No. It's just showing your spreadsheet. Carson: Okay. Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, just for discussion purposes, as Ten Mile is a connection to the interstate, does that -- should we keep things in the higher priority for Ten Mile just because development may follow that pathway, as opposed to more interior roads? I don't know. That's why I'm asking. But what are -- what are your thoughts on that? Simison: I will at least give you my viewpoint is we don't have anything that's been approved in that area south that's primarily feeding up from Kuna. So, if Kuna would like to prioritize those intersections I think that that's great for them to do that, but from our standpoint I think that there is much higher immediate needs than Items 27 and 36 on our list at this point in time. Five and 20, absolutely. But 36 and 27, you know, not necessarily in my opinion. Hoaglun: I appreciate that input, Mr. Mayor. Just one of those things thinking through, you know, we can try and figure it out and we don't have any development activity going on there. That may change in the future and we certainly do agree with you, have many higher priorities elsewhere where demand is past due for action. Simison: Yeah. If you look at this map right now, Items 49, 67 and 50 all have active development around them for us along Eagle Road -- or, I'm sorry, Locust Grove and -- and Eagle even, 68, 66, 27, all those compared to 20, 36 and 27, which we really don't have any development in that area from our perspective. They are in our area of city impact, they do impact the regional network, but for our -- from my standpoint our priority should be how to serve our residents first and foremost in the recommendations we make to ACHD, not necessarily the things that are going to benefit Nampa commuters that come Page 10 Meridian City Council Work Session Item#1. February 9,2021 Page 8 of 17 in through that and get on the interstate at Ten Mile to bypass, because there is nothing at Black Cat and Robinson to get onto the interstate. That's my viewpoint. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Can't disagree with that logic. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I'm having a little bit of a hard time hearing Councilman Hoaglun. So, if he's able to speak up just a little bit more. Simison: He said I was brilliant. Just in case you were wondering. Perreault: Would it be okay for me to briefly go over the -- the feedback that I had given to Miranda? Simison: Absolutely, Council Woman Perreault. Perreault: Thank you. So, I was looking along the priorities 12, 13, 14, potentially 15 and so -- a priority -- excuse me, 11, 12, 13, 14. Priority 11, the 2021 priority 11 , Ten Mile and Cherry Lane, I wanted to discuss moving -- you know, discuss the location of that priority, because that is -- that does feed down into the interstate and that intersection is small and it's in poor condition and I'm wondering if that should be in our top ten. And, then, also the -- let me see. Let me look at my list very quickly here. Oh, I wanted to prioritize Eagle and Overland, number 12, below 13 and 14. So, my opinion and thoughts on that is -- and, again, I realized the Transportation Commission has taken several variables into account that I might not be aware of, so just want to preface that, but McMillan Road in that entire two mile stretch of 13 and 14, have no sidewalks. There is open waterways. There safety issues. There is schools. There is pedestrian issues. And the intersection of Eagle and Overland, which is priority 12, while there may be quite a bit of traffic there, I'm not -- I have more concerns about -- about the expansion of McMillan than I do about Eagle and Overland and having additional turn lanes added in there. So, just curious if there is any other thoughts from the -- from my fellow Council Members on that. I -- it's my understanding that these aren't prioritized by the Transportation Commission based on ACHD's funding that there is not necessarily a financial component to it, it's -- it's purely based on, you know, need traffic count community feedback and those kinds of things. Simison: Thank you. And -- and I will -- this has been my understanding -- Miranda, you are welcome to, you know, say that I'm not correct, but generally the way Caleb has explained it to me is the top five are really what ACHD is likely to put a lot of weight into and, then, it's your six through 25, how they are prioritized by the city within that group is Page 11 Meridian City Council Work Session Item#1. February 9,2021 Page 9 of 17 not really as important or as relevant, because at the end of the day they are going to look at costs, you know, effort, et cetera, in those groupings. So, whether they are ten or 11 or whatnot, the fact that they are in those areas -- but that's how it's been explained to me in the past that, you know, it's -- it may be okay for us, but it's not going to necessarily impactACHD's decision unless all things were one hundred percent equal in two projects. Now Miranda is going to say if she disagrees with that, but just aware of where generally. Carson: Mayor, Council Person, I would say generally I agree with that. I would -- in my past experience doing this with the school district and, then, being on the Transportation Commission in the past, I would -- my opinion would be the top ten rankings are the most crucial and, then, 11 through 20, 25, where they fall between 11 to 25 is not as crucial as just the fact that they are in there in the top 25, so -- Perreault: Mr. Mayor? Simison: Councilman Perreault. Perreault: I want to make sure I'm understanding correctly what you are saying is -- what you are saying is they are going to look at this list and they are going to pay less concern to where we ranked it in the top ten or the top 25 and -- and more specific to what are the projects and how do they fall into the plan they already have -- what they already have scheduled in their five year plan; is that right? Carson: That is correct, Council Woman Perreault. Perreault: Okay. Carson: They have a scoring system that they use. Our ranking is just one piece of that scoring system. So, we give our ranking and we get points for our top ten -- we actually get points for every project that's on the list, but they are weighted based on where they fall. So, we have significantly higher points for the top ten and, then, after that the points start to even out and we do use this list for other things as well, so we like to keep all of our priorities in order, but just keep in mind that after you get past about the top ten the points don't vary much. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Miranda, do you have -- that's a great point you just brought up. Do you have our-- or I guess last year's ACHD report and -- and point scale on our roadways -- sort of shows how our top ten were scored and kind of the weight of those scores in relation to the cost and the safety component and the other factors. It could help illustrate -- Carson: So, I don't have that, but I do have our last year's rank. So, are you asking for their full -- they do a priority workshop similar to what we are doing with all the projects in Page 12 Meridian City Council Work Session Item#1. February 9,2021 Page 10 of 17 the county where they look at how each program ranked them -- each agency ranked them and, then, they add that into their calculations of how they are going to rank them. So, I don't have all of those calculations there. Borton: Okay. That's -- yeah, that's what I was referencing, that -- just the weight in relation to the other factors that you were describing. Carson: I would venture to say very generally that you can look at the years and get an idea of where they prioritize things. If it's the high priority, then, it will be coming soon or already in progress. If it was a lower priority it will be further out in years and if it wasn't a priority for them at all it won't be programmed. Or I should say if it was just a very low priority for them it won't be programmed. Borton: Okay. Thanks. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Miranda, I was trying to find -- the only one I found was a number 29 for the 2021 year, Cherry Lane and Black Cat Road, which refers to the intersection being widened. But is there anything for Black Cat from Cherry to Franklin? We have got Compass school there and ACHD has right of way from Franklin up almost to that point, but there is just huge backups there during the school year, people trying to get out. There is no turn lanes whatsoever on any of that stretch. People trying to get in and out of subdivisions. That -- I think, Council Woman Perreault, you probably access that more than I do and it seems like that should be --there should be something there and I couldn't find anything, but maybe I missed that. Is there anything for that stretch of road? Carson: Mr. Mayor, Council Person, the Black Cat stretch does have some projects that rank lower down in the 60s. We have the intersections generally higher up there at Ustick and Black Cat and Cherry and Black Cat. We also have McMillan and Black Cat coming in at 39. So, about mid list. The actual road improvements, which are these red squares -- can you see the map now? Simison: We can. Hoaglun: Yes. Carson: So, the actual road improvements here are down in the 60s. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Page 13 Meridian City Council Work Session Item#1. February 9,2021 Page 11 of 11 Perreault: Thank you. Miranda, as -- does the transportation take ACHD's -- I mean is there a -- how do I ask this. Are they taking into account the likelihood that ACHD is going to approve of a project in -- in their ranking decisions or is it just purely like what we as a city think needs to be done or is the fact that, you know, that section of road -- I know that ACHD has, you know, the 2026 to 2031 plan already decided, so are they looking at that and including -- including that in the decisions? Carson: Mr. Mayor, Council Persons, I would say there are some that are looking at that, but, generally, it falls lower on the list of priority -- of criteria that they are using to rank their priorities. We use this list for more than just this purpose and we really want it to be a list of what the city's actual priorities are, without trying to play into any kind of scoring games, for -- for lack of a better way to put that. I do know there was discussion about moving the Linder overpass road to number one at the Transportation Commission and it was brought up that because it is such a costly program and the likelihood of it happening sooner, that's why they opted to leave it at number two, rather than have it be number one. So, that factor does come in, but I would say it comes in almost as a tiebreaker. I wouldn't put it high in the list of criteria. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Wow, I just have a lot to say this evening. So, I agree with Councilman Hoaglun. That section, which is -- is number 61 it looks like, I don't know what to think about that. That section is -- I agree, there is -- every time we have done a development in that area and we -- that we have approved one and we have done several, I feel like I have kind of been a broken record and said, hey, this is an unsafe stretch. Hey, this is an unsafe stretch. We have got a -- you know, an Idaho Power substation, we have got a school, we have no sidewalks, we have ditches and now many people are using that section of Black Cat to bypass Ten Mile Road, because it gets backed up in the morning pretty significantly on Ten Mile, so -- however, we have other areas of the city that have the same challenges. So, you know, I -- what comes to mind, of course, are these stretches of McMillan were the same situation. There is canals. There is no sidewalks. There is residences. There is children. There is schools. So, I don't really know how to rank that in relationship to I guess traffic counts. It would be -- and, of course, we can't do that here in this meeting, but I know there is definitely a need there. It's just -- it sounds like the 60s are not something we should -- that we need to worry too much about at the moment. Simison: Well, Council Woman Perreault, maybe I could recommend -- with the Transportation Commission plan to take a year long look at this issue -- I mean to -- to your point, I think even if we moved it up to 30 or -- or 20 it's not going to impact the likelihood that ACHD would consider these projects in this next five year work plan. But if we need to -- if we want to give some criteria for the Transportation Commission to look at for this next year in some of these areas, you know, what -- what would that be? And I don't even -- I don't know how often ACHD would even go out and do a traffic count to Page 14 Meridian City Council Work Session Item#1. February 9,2021 Page 12 of 11 get an updated one and, quite frankly, with COVID I don't know that we know what our traffic volumes or patterns really are yet. I think that they are going to change dramatically in this next year with new schools opening, as you just mentioned, in these areas and people starting to work. So, it probably does -- the entire list probably does need to have another set of eyes long term and looking at these and finding those criteria. So, that's what I would suggest we do is we really punt some of this to next year, but Miranda's heard it, so look at these items to see what we might want to consider. Carson: Mr. Mayor, Council Persons, I would also say that it's not necessarily traffic counts, but traffic flow. If you look at the level of service map that's in your packet, it also shows if the road is operating at a C or better. So, if it's in the green ACHD very generally says it's operating well. I wouldn't put a huge weight on that as a criteria, because it is a very general map, but, again, it's a good one to use for tiebreakers in my opinion when you are looking at a few projects and trying to decide which ones can rank higher. Looking at projects that have E's and F on the level of service could be lower. Or, I'm sorry, could be higher priorities. Simison: And, Miranda, how often do they update or take a look at those specific issues? Carson: I'm not sure how often they are updating that, Mr. Mayor, but I do know that the one that we received was from December of 2020. So, it was very recent. Simison: Yeah. I can only speak for myself driving around. Locust Grove used to be a problem coming from Victory to Overland, because of Mountain View High School. I have not seen a backup on that road all year, you know, and so I don't really think we understand yet where -- what the status of all of our roadways are and we may not see that and, quite frankly, until August of next year. So, we have added seven to ten thousand people or more and those -- those trips in our community and see what the impacts of the road improvements have been and the schools and with Owyhee opening and how that's going to change everyone's traffic pattern. It is a great time to really delve into this a little bit deeper and reevaluate these priorities as our patterns are going to change, quite frankly. Hoaglun: And Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I think it speaks to those peak hours, especially for schools, and that's why I brought up Compass, because of no turn lane and with our approval of a development between Franklin and the railroad tracks, they have right of way -- I think when they redid the intersection there they went almost to the turn for the schools and it looks --from what I remember Ryan telling us, they actually had the right of way for the two houses that are between -- the right -- the expansion of the roadway to the intersection of the school and now the right of way is in their possession for Hensley Station, which goes to the railroad track. So, it's just one of those things and I know they want to go in -- it's more cost efficient to do the whole road on both sides and all that, but there are some areas we just Page 15 Meridian City Council Work Session Item#1. February 9,2021 Page 13 of 17 need them to take a look at. Can they do just a turn lane there by just expanding on right of way that they already have. So, it's a difficult thing. I know it's -- it's hard and there is so many priorities that are well deserving, but that's just one that's just like, wow, we have a school and no turn lanes and it's just those peak periods that it's just really a bottleneck. So, it doesn't meet the same level of service as some of those that are in red, but just looking at those things -- if there is money somewhere to fix a few things, that turn lanes can be a big help, so -- Simison: Thank you. For the record Councilman Cavener joined us at 5:08 p.m. So, Council, with what you have heard so far, do you feel like there is enough direction for Miranda to finalize this list? Do we need to start moving things around? What is the comfort level of Council at this point in time with modifications that they feel are necessary? Hoaglun: Well, Mr. Mayor? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I'm comfortable with the list. A lot of good work and thought has gone into its review and development and the recommendations of the Commission as well. So, I'm comfortable with it. Understanding we can move the pieces around in perpetuity. There is just limited resources with unlimited need. Simison: Councilman Borton, can I ask would you be comfortable with moving down the Ten Mile and moving up the -- that one section for Amity or would you prefer not to have any modifications? Borton: So, Mr. Mayor, I'm looking at it now, what -- remind me the numbers in the 2021 priority ranking what would be switching? Carson: Mr. Mayor? Simison: Go ahead, Miranda. Carson: The project number 20, Ten Mile to Victory, would be moved down to the mid 30s and project number 27, Ten Mile to Amity, would be moved down to the mid 30s. There is also discussion of moving the first and second projects. I believe those are the only two kind of outstanding discussion topics of do we switch number one and number two and do we move those two Ten Mile projects down. Simison: And move in the Amity section up to roughly around 20. Perreault: Lake Hazel. Page 16 Meridian City Council Work Session Item#1. February 9,2021 Page —of 11 Simison: Or, sorry, Lake Hazel. Thank you. Carson: That is correct. Thank you. Borton: Okay. I appreciate the clarification. I don't have any concern with those changes. Understand the reasoning behind it, so that makes sense. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I -- I'm in favor of moving the Lake Hazel project up and the Ten Mile projects down. One thought of mine in regard to one and two, if there is one thing that we are all are in agreement on it is that overpass should be our -- one of our biggest priorities and so I would -- I would support moving the overpass to number one, knowing that Locust Grove Road, Victory Road, Overland Road, which is currently number one, make that like a one B. Two is fine. I don't know if it's really going to make a huge difference, but I do believe that that overpass is our biggest transportation point and so I would move that to number one, even with the complications that come with it, I think it shows -- sends a message that that is our number one priority and so that would be my point. And great job at the commission. Great job, Miranda. This was a great document every year. You guys always do a fantastic job putting it together. So, thanks. I appreciate your time. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I'm fine with moving Lake Hazel up and the two Ten Mile ones down on the list as we discussed. As far as moving the overpass up to number one, I guess I kind of liken it to having the top two picks in the -- in the draft and the number -- what we have for number two is it one that we can sign? Not really. So, why would we want it to be number one? But I don't have a real issue with it being number one. One and two, that gets all the attention, again, going back to draft picks, you know, they -- they garner a lot of attention and this would garner a lot of attention whichever one is one or two. So, I'm fine with either, whatever the Council's preference is on that, so -- Simison: Councilman Cavener. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Appreciate it. 1, too -- I'm supportive of -- of moving down those Ten Mile projects. I think that has a -- I think it has a much larger impact on Kuna residents than it does Meridian residents and to me that makes the most sense and certainly moving the Lake Hazel piece up also makes sense. I think from a -- from a pure Page 17 Meridian City Council Work Session Item#1. February 9,2021 Page —of 17 argument sake, to Councilman Bernt's point, Linder Road should be our number one. I think that when -- if you poll the Council, you poll our community, many of them are going to be talking about Linder Road long before they are going to be talking about Victory and Locust Grove as -- as our community's primary needs. So, I think moving it up to number one, even if it's done ceremoniously, I'm supportive of it. Simison: Council Woman Perreault, any last comments? Perreault: Yes. So, this may be a really simple question. I'm trying to understand how -- you know, how everything is done. Miranda -- so, I guess it hasn't -- all the times I have reviewed these it hasn't made sense to me why we would prioritize projects that they already have in -- you know, they already have planned and they already have funded, why are we not prioritizing what isn't already in there? Are we just basically saying, hey, we agree with you that we are still -- we are still good with -- with these projects that you already have in your plan? Help me understand why--you know, it's not going to change. You know, if we say that number five is our number five priority, they already have a plan for it, it's -- you know, the plan has already been done, the design has already been done, they already know when they are going to fund it, why do we bother to prioritize it? Carson: Mr. Mayor, Council Person, I will say that some of that is accurate. If it's programmed to begin design in the next two to three years or design has already happened, more than likely it's not going to fall off of that list. It's not going to become unprogrammed. But there are occasions when -- when something is programmed out into the future and it gets bumped down, becomes unprogrammed -- I don't have a specific example, but I can tell you it's a possibility that an item gets dropped off if the design isn't for another five or six years. Simison: And I would just say, Council Woman Perreault, to a certain extent, yes, it is to say that we are in alignment and agreement, but it also does help protect if they have got to make modifications or changes. If we take something that was five and we move it down to 11 and they have got to balance their budget, you potentially are pushing those projects out further. So, it does have a little bit of that impact. Perreault: Thank you. Carson: Mr. Mayor, Council Woman Perreault, I will also say we do use this list for other activities and when we are looking at what are the city's priorities, so we use this list for ACHD's prioritization, but we also use it throughout the year and share it with our citizens, that these are priorities for them and from them. Perreault: Thank you. Carson: So, I have the changes that were requested and sounds like they were generally agreed upon and those are here on the screen. You won't see the Ten Mile, but I did move those down to the mid 30s and I can scroll down if anyone wants to see those. Page 18 Meridian City Council Work Session Item#1. February 9,2021 Page 16 of 17 Simison: Well, Council, I don't think that we need an official action from you on this. My office will work with Miranda and we will transmit this under a letter and we will highlight in the letter the changes that we made and why, so that they are relevant to the conversation. We will get this transmitted and we will have a more robust review of everything next year and maybe it's even something that will come back sooner before ACHD asks if the Transportation Commission needs any input from Council as they start reviewing stuff, so -- Borton: Good idea. Simison: All right. Thank you very much, Miranda, appreciate it. Carson: Thank you. EXECUTIVE SESSION 18. Per Idaho Code 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Simison: Council, we are on to Item 18. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we go into Executive Session per Idaho Code 74-206(1)(f). Simison: Mr. Mayor, I second the motion. Simison: Have a motion and a second to go into Executive Session. The Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, absent; Perreault, yea. Simison: All ayes. Motion carries and we are recessed into Executive -- or we are in Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (5:19 p.m. to 5:54 p.m.) Simison: Okay. Do I have a motion? Page 19 Meridian City Council Work Session Item#1. February 9,2021 Page 17 of 17 Bernt: Mr. Mayor, I move that we come out of Executive Session. Hoaglun: Mr. Mayor, I second the motion. Simison: Have a motion and a second to come out of Executive Session. All 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. Hoaglun: Mr. Mayor, I 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 5:54 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2 / 23 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 20 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 26, 2021 City Council Work Session Page 3 Meridian City Council Work Session Item#1. January 26,2021 Page 16 of 16 Hoaglun: Second the motion. Simison: I have a motion and a second to come out of Executive Session. All those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Cavener: Mr. Mayor? Simison: Do I have a -- Councilman Cavener. Cavener: Move we adjourn our meeting. Hoaglun: Mayor, I second the motion. Simison: Motion and second to adjourn the meeting. All in favor signify by saying aye. Opposed nay. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:51 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2 9 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 January 26, 2021 City Council Regular Meeting Page 20 Meridian City Council Item#2. January 26,2020 Page 43—43 MOTION CARRIED: ALLAYES. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting this evening. Cavener: Second. Simison: Motion and second to adjourn. All in favor signify by saying aye. Opposed nay? And we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8:41 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2 / 9 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 63 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 2, 2021 City Council Work Session Page 64 Meridian City Council Work Session Item#3. February 2,2021 Page 19 of 19 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. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:40 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2 / g 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSTON - CITY CLERK Page 83 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 2, 2021 City Council Regular Meeting Page 84 Meridian City Council Item#4. February 2,2021 Page 8 of 8 Simison: I have a motion and a second to adjourn the meeting. Any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:16 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2 / 9 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 92 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Apex Southeast No. 1 (FP-2020-0013) by Brighton Development, Located on the Southeast Corner of S. Locust Grove Rd. and E. Lake Hazel Rd. Page 93 Item#5. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: January 19, 2021 Topic: Final Plat for Apex Southeast No. 1 (FP-2020-0013) by Brighton Development, Located on the Southeast Corner of S. Locust Grove Rd. and E. Lake Hazel Rd. Information Resources: Click Here for Application Materials Page 94 Item#5. E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT I D A H O HEARING February 9,2021 DATE: Previously on January 19, 2021 TO: Mayor&City Council L ui fUkffi RG. FROM: Sonya Allen,Associate Planner 208-884-5533 1 4 SUBJECT: FP-2020-0013 Apex Southeast No. 1 PROJECT LOCATION: Southeast corner of S. Locust Grove Rd. &E. Lake Hazel Rd.,in the NW 1/4 of Section 5,Township 2N.,Range 1E. I. PROJECT DESCRIPTION Final plat consisting of 77 single-family residential buildable lots,2 commercial buildable lots and 13 common lots on 41.63 acres of land in the R-8 and C-C zoning districts. II. APPLICANT INFORMATION A. Applicant: Kody Daffer,Brighton Development—2929 W.Navigator Dr.,Meridian,ID 83669 B. Owner: Brighton Investments,LLC—2929 W.Navigator Dr.,Meridian,ID 83669 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-0057)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of buildable lots has decreased by 9 from what was shown on the original preliminary plat but is the same as that depicted on the approved conceptual master plan; the common open space area is the same as that shown on the qualified open space exhibit approved with the Page 1 — Page 95 Item#5. preliminary plat. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. The proposed emergency access exhibit in Section VIII.F has been approved by the Fire Dept. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 5/1/2020) APEX SOUTHEAST SUBDIVISION PRELIMINARY PLAT Ew P R ei ulNnxv rin..n.a A PARCEL OF LAND SITUATED IN THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 5, n ..m.... TOWN51i IP 2 NORTH,RANGE 1 EAST,CITY OF MERIDIAN,ADA,COUNTY,IDAH❑ _ —W Ev UGENo a a • • • R-a ��..c. ,.. F - ww>:vcoRrnn.N o im o • g • APE%SONTHFA T WINDNISION d��� �'�`W'm"'``p • MERIDIAN,IDAHO qqmvxwx CO,ln fX!!� FEE .. c n 9H GMT PP1A Page 96 Item#5. B. Final Plat(dated: 10/30/20) PLAT OF APEX SOUTHEAST SUBDIVISION No.1 APARCEL DF TAND SITUATED INA PORTION OF THE W V2 OF THE NOATHWE$r 1W OF SECT04I,T0WWHIP 2 NOATM.—IGE LEAST,EVA,ENT 6 LIERIDU K ADA CpuN ,,IOANO. � wrrt d eEa..rc 3P8a [Vie ema PFT�WE 161 xa miea+,me E.lhFOE MASEL RtI. `b NxV h1�0!!7 fRe6FE n u SereJlr' e,Y b!YYwlY'IIe IcaeY e• 5 �`— f R I I eW 5eRN:1'•]M I I I I I sl�r.lwl I � aR: r_V,F1WL SII B-YI60N IYP IM IB(Eid I dH�A-eeF.a FUT rr '� n4o..anTe xn oxE r�+.6a,cmRls No wrw a � LLRTac[JJ2 I EEfE>IEMCFE I R,.T6:EOR]OF 9iRYEv x..9eBf,R'C'CRe W 1M xx"a[rt,1¢wl I I i a.le:.v�o nr�[.cr xa rms n<�Ras a eox caw,+'-oxxo. � .TIT' yO Ra�n or WR+ST'Ik JWR RS%aP5 iK IQ,x CO[.R1'-O�Me. d y IfGEHo .r7 � 0 ,plw ends uo+s Ao,m V8 'O r Oep Eti•9p 9 Fvuxe¢.aNT.Ai W,a rA1Fil 8 E.7trMlk 5T. O —xu;ba.w lasu a;HwFn izxer rx[A� W K RWP N SET I 0 o RT E.STA SATT.1 i �-5-�u h-,4-,3-u'---" - I"FuI�DF.0 YEo[]N£IcAFcRM ElsTrQ[c AlUa cu Xro Eu reU.ERa Eic w w raE stmq no I 1 SePai'+Yr •r(xmra{n lenwlrn 0m�.ro+on FlFMa* Mne aE roaole.o.nE enc A /Ie.P' I W 01'NT I Irr]Ya]t 7>� I I E.SRRE ST. uy 1 g • 4 OO - 1253 ; J I: w r I If y unelen[d In 3c du a......it 1Brioton N� fk.e6Pv Corporatlon mmdizr.Mho- Page 3 Page 97 Item#5. ��t\ C. Landscape Plan(dated: 11/20/2020) "P ---- --- — OPENSPPLE TREE fALQ11ATgN5 PTREEINWCRI Y... meP ..o,..z,o w..w® ��� 3TREEf TREED WIX TIONS(IT W35U) ..wxwwEr rx I IEI�]t iz — TOTXMEff�EE iI fe ,h MMI TI REQUIRWEN �,I PATHWAY TRFE3{1111FEI3OR LFI� g km S _ _ a LANDSCAPE SITE PLAN 0�.�.-.d.�. '� �`• -,.—m u.o lO (LANDSCAPE PLAN___________________!____ ��� r-r rr rrUrr ���-------- kinn L2.O Page 98 Item#5. O O 1 ID io `I O O j O C ® O 17 i - O ftl a T\ 0 fe .I. s z J - - - �o lj\LANDSCAPE PLAN r.'.. :.i. . km a_ . -- FT TrM VMF 13 I! ® 2 0 4m s T„L4.0 Page 5 Page 99 Item#5. D. Amenity Exhibit Wit r Arbor Tot Lot 5-� Meridian, ID HULA GLIMMER 718M5.3 PCRAf 718851359 718796P1 495 TYPHOON SLJ AII1 STAIRS CL1LIBING 715749B %RASE: PL'I.E 71895N 716888 SIDE-Etl-1DE 3' 3' S SLIDE DECK DECK DECK 719700 71 71W.M 71&9M DECKENCL 7106135 VEFOICAL CARGO SGUhRE ROOF CRUNCH CUMBER 7188614 71 B8a43 7IB732 h 716783 FNi'r FUI O S RH ONLY �./ ✓ 718564SSR PM HOPPER 7186195 END LADDER 71881553 4'CARGG CLM8.OLER FISB45645 CCAR,30CLOB-OVER 718645645 6ERiIFIE[I IPElulh` �o Miracle GARRETf&COMPANY,INC. R0032 44092527205 '____ _:_-_ iD=ti—Fe= 95D p1�/Y�AIPFn Df -IFIED.--_.:E tiadS',UI �FAXL8u11 2 63-12 5 6 �/ GOhPLIE5 T6AS"1TNCPSCPOh"T_: J=FFICE IS Ft;i,.l'.E�J•,7==,i 4:J`,7 Fes_ Page 100 Item#5. E. Common Driveway Exhibits 1JEIHX3 MING NOWN03 I t 4H�91'Fl41417l3W I '•'� � y S•ON Lna' u�65%3dv _• ! r 4 w yy � y L t 12 Mil IP I i —— — IS 10' f�1 . I � µ I` �M A n * � I d hl HIM. di C3 ga S rr a ,t 4� 416 w + �•. k '2' i!VMIT. — — + f �� 12 !a Ift IL ` -- - --I I �{ I -- - WE - - - m rj:r A J — J -- — — six — — Page 7 Page 101 Item#5. F. Emergency Access Exhibit PiAT OF Emergency APEX SOUTHEAST SUBDIVISION No.1 A 0MClLDFtANb SITuAM INA F9IRIDN bF THE WESrV—T,i NNRTNW SN Or SECn(14 S,7811'1ldXlp]NWM.WdE E EILST•I—.,Emr or MERID Access °° D w�i u�eFn.� P610 r vie cmRe ow I�r oe,r'.miebnne !.lAllf IIAgL Rb. ��'m w Ia,�aY n n 6• 5 —— I P IA bIP 3BP I I _ flw SnY:1'•1LY I I I I I SIEETNOES I � 99: ,-9�FIWL SV&t/B,`X Nto YN 4EGTl� B9:x-R�L iuT wP I BCE£,1-fEru fuf wr © � �S -Pun,ce,Ss Yq erFNP�PIb OlK 1. ✓� PE RIEN[.SS I G�.fSCCR]Cf 9iNEY Bw 4}ex,ec nAcc V aa,m�Mrr,mw1 I l k.im-Jwo or auem'Bw'ny;r[wnµi a•P,ppynx,WUP. .SITE a� u.ggnP 4<i4HrR„Ar.SMk REp5r9S Dr A[J CO,Mi,64,0. 6� Il6ENb r� 1J "� !a NPNP�55 GF R NJIFD tv fal Y Nnp� 9 NPxn iLUYfI.M Gw xY ru1Fn _ E.SOYetR SL 4rnrnJ 8 rcuNP]/ESA 4P�M� x e e •AA,xw- ��(yy,, 1i� ,Cam cracu.ca PWc,I,mHNs m-D ae SET e4 d Q e Q aueow o.ew�om urc L © N O � O --------- A * Cg/£CYd4.0 uup EKE,SR ISLE uq,E,SI E.STse�ST. i L.FAIEW. SUA4[T NaNAAlNE Q a+f.+%are as w14v wi aia:i w 1w uw, .Ca � ^ P�FOWI IE lE ti bdN/w mNoliw¢ I NY ���ri�4�E LRf�BD b 6p�IlIGYr. feriS•[!-,r a4,.eP'3POW 7} i!P'N,' ,N+teM' tam• wmWr IAci]'44l Ater E.SYI.a.. uri} I I: Jndem«I r,IG IRI ELINO aun mcs eu Brighton 4n Corporation mmOian.iwho q,y }p}a, I r,y�,�yy Page 102 Item#5. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2019-0120; Development Agreement Instrument Number 2020-029370). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the first phase final plat; or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering stamped by Aaron L. Ballard, dated: 10/30/2020, included in Section V.B shall be revised as follows: a. Replace S.Vertex Way with S. Bloomerang Way with change from E. Tower St. occurring at S. Cadence Ave. intersection, consistent with Ada County Street Name Review approval. b. Include the recorded instrument number of the City of Meridian sewer and water easement on the face of the plat on Sheets 2 and 3. c. Note#5: "Lots 1, 14 and 19,Block 3,Lots 4- 1 and 8,Block 4,Lots I and 8,Block 6, Lots 1, 13,and 18,Block 7,Lot 1,Block 8,Lot 1,Block 9 and Lot-5 10,Block 4-0 5, are designated as common lots. . ." d. Note#6: "Lot 12,Block 7, and Lot 13,Block 4-3 are subject to a blanket easement for common drives to provide access for Lots-9-,-l0;and 11,E Block 7, and Lots 10-, 11; and 12,and44,Block-13,respectively. Said Lot 12,Block 7 and Lot 13,Block 43 shall be owned by the Apex Southeast. . . Said Lot 12,Block 7 and Lot 13,Block 4-3 are subject to blanket. . ."Include a note requiring the common driveways to be constructed of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8 in accord with preliminary plat condition#A.8. e. Note 913: Include recorded instrument number for ACHD landscape license agreement. f. Note#14: Include recorded instrument number for ACHD public right-of-way? easement (sidewalk). g. Note#16: Include all lots subject to the ACHD storm water drainage system easement. h. Note#20: Include E. Tower St. and S.Vertex Way/S. Bloomerang Way in the note. i. Depiet a fflinimum 15 feet wide een*nen lot in Bleek 3 for-a fnier-o path eenneetion to ,Bloek 3 asrequired Depaftment with the pr-eliminary plat. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by KM Engineering, dated 11/20/2020, included in Section V.C, shall be revised as follows: a. Depiet a ffi-inimum 15 feet wide eemmen lot in Bleek 3 for-a mier-e path eenneetion to Page 9 Page 103 Item#5. b. Depict landscaping on either side of all pathways (micro-paths and multi-use pathways) in accord with the standards listed in UDC 11-3B-12C. c. Depict 25-foot wide street buffers with landscaping along S. Locust Grove Rd. and E. Lake Hazel Rd. in accord with the standards listed in UDC 11-3B-7C. d. If the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk or property line along S. Locust Grove Rd. and/or E. Lake Hazel Rd.,the Developer is required to maintain a 10-foot wide compacted shoulder meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-313-7C.5.A license agreement for improvements within the right-of-way is required between the property owner and ACHD. e. Depict a 10-foot wide multi-use pathway on the east side of the main entry road from Lake Hazel Rd. along the boundary to Discovery Park within the Williams Pipeline easement as required by the Park's Department with the preliminary pla4; coordinate with Kim Warren, Park's Department. 6. Fourteen-foot(14')wide public pedestrian easements shall be submitted to the Planning Division for the 10-foot wide multi-use pathways proposed within the site along E. Lake Hazel Rd. and S. Locust Grove Rd. that are not located within right-of-way,prior to signature on the final plat by the City Engineer. 7. The rear and/or side of structures on lots that face E. Lake Hazel Rd. and S. Locust Grove Road,arterial streets, and S. Vertex Way/S. Bloomerang Way and E. Tower St., collector streets, shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 8. Development within the Williams Pipeline easement shall comply with the Williams Developers' Handbook. 9. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 10. All fencing shall comply with the standards of UDC 11-3A-7C. 11. All C-C zoned portions of the site are allowed to obtain building permits prior to subdivision of the property as approved with the Development Agreement(provision#A.1k). 12. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-6 and 11-2B-3 for the R-8 and C-C zoning districts respectively. 13. Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit; and for non- residential uses in accord with the standards listed in UDC 11-3C-6B.1. 14. Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. 15. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8.A copy of said easement shall be submitted to the Planning Division with the final plat for City Engineer Page 104 Item#5. signature. As an alternative to a separate easement document, this information may be included in a note on the face of the plat. 16. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the swimming pool facility in the residential portion of the development; and for all non-residential/commercial uses and structures. 17. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat(H- 2020-0057) and/or Development Agreement(Inst. #2020-178120)does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Additional information is required for the street lighting along the frontage of Locust Grove and Lake Hazel. The internal lights appear to meet the requirements. Contact the Transportation and Utility Coordinator at 208-489-0352. 2. Angle of sewer pipe into/out of manhole SSMH#B-3 needs to be 90 degrees minimum. 3. There are multiple areas where the infiltration trenches could be adjusted to minimize/avoid sanitary sewer service line crossings. Please minimize/avoid number of infiltration trench crossings with services as the City is having issues with settling in the infiltration trenches. 4. For all future phases, eliminate or minimize services crossing infiltration trenches. 5. Remove sanitary sewer manhole from common drive way near the intersection of S. Cadence Avenue and E. Stake Street. General Conditions: 6. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 7. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 8. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 9. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 10. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 11. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water infrastructure prior Page 11 Page 105 Item#5. to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 12. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 13. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 14. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 15. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 17. Developer shall coordinate mailbox locations with the Meridian Post Office. 18. All grading of the site shall be performed in conformance with MCC 11-14B. 19. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 20. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 21. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 22. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 23. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. Page 106 Item#5. 24. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 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. 25. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 26. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services.Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 27. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 28. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 29. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 13 Page 107 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Final Order for Bainbridge No. 12 (FP-2020-0016) by Brighton Development, Located on the South Side of W. Chinden Blvd./SH 2O-26, Approximately 1/3 of a Mile West of N. Ten Mile Rd. Page 108 Item#6. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JANUARY 26,2021 ORDER APPROVAL DATE: FEBRUARY 9, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 59 BUILDING ) CASE NO. FP-2020-0016 LOTS AND 5 COMMON LOTS ON ) 11.71 ACRES OF LAND IN THE R- ) ORDER OF CONDITIONAL 15 ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT BAINBRIDGE SUBDIVISION NO. ) 12 ) BY: BRIGHTON DEVELOPMENT ) APPLICANT ) This matter coming before the City Council on January 26, 2021 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING BAINBRIDGE SUBDIVISION NO. 12, LOCATED IN A PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 27, TOWNSHIP 4 NORTH, RANGE I WEST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO. 12—FP-2020-0016 Page I of 3 Page 109 Item#6. 12/2/2020, by AARON L. BALLARD, PLS, SHEET 1 OF 5," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated January 26, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" 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 BAINBRIDGE SUBDIVISION NO. 12—FP-2020-0016 Page 2 of 3 Page 110 Item#6. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 9th day of February , 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: 2-9-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BAINBRIDGE SUBDIVISION NO. 12—FP-2020-0016 Page 3 of 3 Page 111 Item#6. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT t D A H 0 HEARING 1/26/2021 Legend . 0 DATE: UProject Location TO: Mayor&City Council - e FROM: Sonya Allen,Associate Planner ® yam® 208-884-5533 ® ® � SUBJECT: FP-2020-0016 - ® ��� Bainbridge Subdivision No. 12 LOCATION: South side of W. Chinden Blvd./ SH 2O-26, approximately 1/3 mile west -- ® ® 41 of N. Ten Mile Rd.,in the NE 1/4 of Section 27,T.4.,R.1 W. i I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 59 building lots and 5 common lots on 11.71 acres of land in the R-15 zoning district. This project was included in the Bainbridge North Subdivision preliminary plat but will be constructed as the 12`h phase of Bainbridge Subdivision, the development to the south. II. APPLICANT INFORMATION A. Applicant: Kody Daffer, Brighton Development—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 B. Owner: Brighton Investments,Inc. —2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0074—Bainbridge North)in accord with the requirements listed in UDC 11-613-3C.2. Because the number of buildable lots and common area is the same as shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat as required. Page 1 Page 112 Item#6. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. V. EXHIBITS A. Preliminary Plat(date: 6/6/19) BAINBRIDGE NORTH SUBDIVISION PRELIMINARY PLAT A PARCEL OF LAND SITUATED IN THE NORTH 112 OF SECTION 27,TOWNSHIP 4 NORTH, --Na .uvIa RANCE 1 WEST,BOISE MERIDIAN,ADA COUNTY,IDAHO l�� d —-&JN&JDGf 1�4P1H wBNYiS�N vRFau1 )f 6WM1OMY \y © 000aoa000 oo © ®o•c�000 n R a d O OO y0O O© 5 04 2 7 1102 00 g rt Q ® CG SVRVEY CONiROI"QIf.'nwwnm oa an un. 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S 2., n1ESYst .n ITUNND IWO IIUI�PORINN wAr.Ir �_€€- 6EMErI4EA 8xe4NU14n "5- s� S , nea unr so:sr,se NI,Hoot sox• U ■ ' m N s ]xsa u.�s ,sr«w• NNvr•at sa«' rouNR s/e'xEaLR e cry waREo FBE LOTEDE➢OIHFRASE 1 P � ® � ns ]ua u.rr ,r«•!r nevnax zr..s• n cIA ,F.N' sA.Tr ea,Yx' eeTz,•IIt xyle' /WNO,/2•REENI•,TR P STC CIV RunEo b 'JIH ]I9x'.I•x.E 9 NpTEp OMERY6E ® V' ® CT RJ CIS ,Rea' s7m 14WIr r1H'uwii 30-.5' ■ W 5/3'REw 11EfH PIASI,C CN'WRNID d6 iam' iAE ,.71'N•Sa]1xVe•• -04' JIB 11R59• Sa9•tY3R"E R ,a G•] mm' Sx.9+' T>>y1' %m'xe�m-x x�• ea.00' NDP�x'!II•E Ery • SEI,/1•REBW R1TR PUSTW Cw IEIRrcm rO00' E,6 �' i.OT tYffi']]' 9SIE.P[it l 'µa ]a9x• IN Nm' sx.9T _ n]avlvt ol_v sEi ewes In.F,___.—T) e® ® ®® ® •s.'A' ,aex•xevfE• 1]-mm,m_ ° IUA[EO'N9 Pu^,x.SB' Non•a2'u ® ]sa' „x1x•ex•,rax Nlesrlxt ,o ate•INS � �.RN fYI,A [WxIFR_9ET aNR343 RLIN,]PIS (M ® IINl RAeI[ xIWRT]AIWIIRil'N9 u• M9'[Yf x[nE W.Sunrymwln ,8 CN aN3T 11 a cu..e.rrm w.n IRP51•Y F y� !1 'uee'[ ® 16,NLMEA ��O Ri �29.® �a ® !"9 CJ e1MYn u �eav'�xw x 6ui°R94E suuW pm W 11 LOT mmm V suaorwnn RaWaw vNE DEVELOPER MEBRIGHTON CORPORATION NSAflG a.uNE CT 4e MERIDIAN,ID kin u,E W.IwS Reryel b. -------- ERSENExT FNE yxFl uxe d S S8 ENGINEERING ��� a xallRuuuuh�� Seh6rMm yry�V�'� Y�Y�,� �C.6w E2-y'daz'° Page 3 Page 114 Item#6. PLAT OF ___m fib Bainbridge Subdivision No.12 „ L n - �eeear I*n+e,oe __ ,a01i2a iaw ~\sevuz� � SlC,TSE'E �vm � �I a p= ----------- � FnoE,rs.T � ------ - -- - ate awa - ----- -- .. sewa _.oar 1 e a w.Eo euuz33g .ppp 8-n.ec ,� �11 '"'• -; `+'�(�T oaf g R S a a e$x a i a3 I .I� a� ® Fp © pry d % ® r ® iiw .��yi Y® :a w,e•' -' BRIGHTONCORPORATiON km - r- ..�u w,cx unc-sa sxccr a li u PLAT Of Bainbridge Subdivision NO.12 N ___ ______________ ,",a uxE-s- --x ____________� r__ ___-____________i__________ ® � I I - -' �i` q I �S w me , n zcE I Er,W a �e.eq�uLm oEVEWPEE L7— SWHTONZORP ORAT KM wmT 12459 Page 4 Page 115 Item#6. 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Au[ FLv wnx TLc of ME p,v OF wprtOW+N :oi`c rw iNF u•.�encnNm91 a EI Rrw vo-A m M-M Fnm-NFP1.,wx-N•-sr-uNe[xs a,.i,N.m xeCi; nwF �0.frvaPlbv95K0. c0, Rmsxx ry�ou �NC q K'ir p,rglw t�iDrxep�,N[L.sTRI¢r RcaAa.Re u auxaaNE weDF%gx xa�[ n RA16+Nw Tx xSS wEEN eRpnnE➢FRON sEDLERS PAIWitln 06TRDi ry wwwfl[i RNm IOuv w¢2cF1]x N[4xNRIG FlnR AT 4Rn,xaaw-a,4RRi. tt Ad mHrr.ow 7 wo e[aa nc FVM or S,-]!OS I f�R]Y SESRFAS fddIXT[FI[G'1I11Cf F>n,�IED i0 AFt}M w.SttR I,cNIE uE w[1!L veuu,m FOR sw E.aiEr4.Ran¢N¢r nv wu.Ornxc sNO swnFa.Rlwa�.s�vm axe me•aLOww TxRFE fO usa 11�]D]v Txe lava meE xnFrt,O Ewa Acr,m ,Fs�o AUTanIinAlF�PbeONiOk n6Nw',IRl KM OR IXPrilial iiKAEaF swu oR eEcn.E pNLCR».�E aFapiE m RL ME OE AM'DFLN,DEp cquanou3 N oe recur TxE SLRROONDfIC nON6RGLL1JPx wivRES KfE11 R xw H8, Onr{6 12i3 RE,RD A RV4 w CFf•. 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DN .ID�FFi A1RAnlW 0.INInnDI{A9 W FLATS raA RL�NfK�sTnL u�n FL.Trtn MFRLw•vENmP n mFwwnE��m m[mAPT v wino V�AL u�J Ion S ST Rc,A,uNe[F xoTlm Naue IrrN.1 L.awArm.RLs ss.eN 12 59 N.emrwol A., �'vyT L1" ENGINEEEING DEFELOPER i SRIGHTON CORPORATION MERIDIAN,ID Page 5 Page 116 Item#6. 01 �s AA'TYPICALLOCALSTREE SEnONRV.SIINNYCOVEV.YN_V NMLN,NY,SILVER RIVER LN_I F 2 a &B�TYPICAL LOCAL STREETSECTII)N IN.VICENTA LN_PARYI NG AREA] 2O0 ~ sup[m Z inC �z mz o„ Q ow -� o C;:MIULALLEY I PRIVAEE] Im ■1- ■ ■ Page 6 Page 117 Item#6. C. Landscape Plan(dated: 12/3/2020) jyg�,By ouNrsrHeou� 0..,„.. _U R o a 17,':� ---- iH111111111111H1 , 1tl1O1L�, ^'I Jk; i � \/ �� •-�`_--'- -=_ _ ---_ __- mEEuuuunora°pTRE�/saoos�}� rj>LANDSCAPE SIon ITE PLAN ¢ v 4m S1RfETniEE CILLCUTAnON5111PEE/351F7 VIMU0.ON REQUIREMENTS _ TMLTREES REOUIREO/PRWDM L1.0 - ® �a - --- - - - --- --------'--- km i Cil m° 9 a. 5 ---- -...�..:1rr- y - ---•I.'� __--- w,�..,,��-.. mw A¢�.w,mw,m orw �1 LANDSCAPE PLAN ! L2.0 Page 7 Page 118 Item#6. I ® o I I I �• 1 I I m ____ ____ zi _ ® Z I � �` r.mEZTTM.W,Twm..wmmmwx 2 , I ma amm�_xm u, ' --- ---- { ,w.a ex.,n m.nxumw ®.xx o I . ._.. - ,�x,.x.. ........,. _ - . . ,ate. km nI LANDSCAPE PLAN _ _ uxwa_ 1 tl _a.. ��E aa3 Ll 2— E axTdd �� i f f� L6.0 Page 8 Page 119 Item#6. D. Open Space& Site Amenity Exhibits .—.—.�.—.—.—. . .� '�' .fg OMN 5PACECU-GUUTMN5 . E.. o �•�8 -- us -71 ® ® ® ® !!1 0 ®I 9AIN9RI�6E N6.1]OPEN SSACE GLQIIATOHS �E i I � I I a�a I g I ® c � EI ® 9b@9 Ali ® >- y�y{ ® ma n ----------- Sol BAINBRIOGE NORTH SUBDIVISION NO.12 OPEN SPACE EXHIBffk I .a E 1.0 Page 9 Page 120 Item#6. wlr�fan ullW�a Orr LiiNai�rry tlr,4�54R-0vMS^W �YW.(�rir Wp1Wr,L4�.M1i�r u�rp •W W r�MYIYYY W M W.r Rf r'I W+Y i++}�PrW Mrrr! rMraanlr�vrYr rYF Wr W,1lIr M!,dl�iAw.R �:.���� { all PJq Ff v4+•Mrl.wfNVF6rMAY1rHa Fl[[iMW . YraY«i«.wr r.r�Yx rrrdva l6 trh.3 WIYYIA F rr alr�u L Yl4LII NW. ?areal Narcei F'arrxl raarrel �•�••�'"'•�""""'" 1114 Ills 1116 1117 kilOCk 1 Block 1 Black 1 Black 1 - Let 114 Lot 115 Lot 116 Lot 117 so 7&J SnE PLAN SITE PLAN 1,•,,. a-iaa Page 10 Page 121 1; 0. 0 ol C, ----------------------------------------------- ------------ ------ - -- A I KEY PLAN 0 ................ ......................... ............: .......... .... -J MULTI�MPOSF F"7Y HAL In ISEN GYM �Y ME o ERRS.. T!p .0 ------- ----------- - ------- FLOOR .............. ........ PLAN A-111 ARIPLANOVERA (D Page 11 FUJI ......... WEST EVATFON min 0 G FEE I M [FF TTI 7.U L .71 (ASTIFLEVA70N EXTERIOR ELEVATIONS -EI -211 IFIT ELEVAT10F, Page 12 Item#6. E. Emergency Access Exhibit NA OPEN SPACE CALCRATONS n•�n wTb+ LEGEND 9 ® 8 ® (J A e ® g 1 u Emergency a Access � e ee@ ® ®: q u�i a ® - z BAINBRIDGE4 NORTH SUBDIVISION NO.12 OPEN SPACE EXHIBIT WSW— Page 13 Page 124 Item#6. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2019-0074—Annexation(Development Agreement#2018-047368), Planned Unit Development,Preliminary Plat—Bainbridge North Subdivision). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat(on or before October 26,2022), or apply for a time extension, in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering stamped on 12/3/2020 by Aaron L. Ballard, included in Section VII.B shall be revised as follows: Notes(Sheet 4): a. Note#1: "Minimum building setbacks shall conform to those approved with the Planned Unit Development(H-2019-0074)a d as required allowed by th-e-UDC 11-7-4A.2 and with pff the standards listed in UDC Table 11-2A-7. . ." b. Note#12: Include the recorded instrument number of the sewer and water easement. c. Note#19: Include recorded instrument number for ACHD license agreement. d. Graphically depict zero(0)lot lines on the shared lot lines of those lots that have shared walls as shown on the site plan approved with the planned development(i.e. all perimeter lots along the north, east and south boundaries). All other side lot lines shall depict 4-foot wide Public Utility,Drainage and Irrigation Easements on each side of the common lot lines. 5. The landscape plan prepared by Alyssa Yensen, KM Engineering, dated 12/3/20, needs to be revised prior to signature on the final plat by the City Engineer, as follows: a. Depict landscaping adjacent to pathways in accord with the standards listed in UDC 11-313- 12C.A minimum 5-foot wide strip of landscaping is required on either side of all pathways landscaped with a minimum of(1) tree per 100 linear feet of pathway with a mix of trees, shrubs, lawn, and/or other vegetative ground cover. Note: The proposed wood fencing with I"x 6"cedar overlapped pickets on top of a 4-foot tall berm was determined by a Sound Engineer with Phase 11 to comply with the noise abatement standards listed in UDC 11-3H-4D. Therefore, the same shall be allowed with this phase. 6. Parking is only allowed on one side of the internal private streets;the opposite sides shall be signed "No Parking-Fire Lane."Parking should be provided on the sides in front of the alley accessed units rather than in front of the patio homes with front accessed garages. 7. No parking is allowed in alleys or within street sections where medians are proposed; install "No Parking-Fire Lane"signage accordingly. The parallel parking spaces off the alleys are allowed. 8. Private streets within the development are required to comply with the design and construction standards listed in UDC 11-317-4. Exception: Alternative Compliance was approved to UDC H- 3F-4A.6 to allow the common driveway off of the private street; to UDC 11-3F-4A.4b to allow the development to exceed 50 dwelling units in a gated development; and to UDC 11-3F-4B.2b, d to allow 29 foot wide private streets with parking one side of the street. Page 14 Page 125 Item#6. 9. Alleys are required to be constructed in accord with the standards listed in UDC 11-6C-3B.5. Exception:Alternative Compliance was approved which allowed the alleys to be designed so that the entire length is not visible from a public street since private streets are proposed within the development. 10. Off-street parking shall be provided for this site as set forth in UDC 11-3C-6 except that Alternative Compliance was approved to UDC Table 11-3C-6 not requiring outside parking pads to be provided for single-family residential units. 11. All attached structures are required to comply with the residential design standards listed in the Architectural Standards Manual.An administrative design review application shall be submitted to the Planning Division and approved prior to submittal of building permit applications; one design review application may be submitted for the overall development. 12. Provide a minimum of 80 square feet of private open space for each residential unit as required by UDC 11-74B in addition to the common open space&site amenity requirements in UDC 11-3G- 3. This can be satisfied through porches,patios, decks and enclosed yards; landscaping, entryway and other accessways do not count toward this requirement. 13. Staff's failure to cite specific ordinance provisions or conditions from the conditional use permit/planned development,preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Streetlights are not required on private roads. The City will not own or maintain streetlights on private roads. A reimbursement agreement is required for the streetlights that were installed on Chinden Blvd unless otherwise determined by the City. Contact the City Transportation and Utility Coordinator for additional information. 2. Adjust the storm drainage infiltration trench in front of lot 146, 147, 148, 149 to the east to eliminate the sewer service crossing at lot 149. General Conditions: 3. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 4. 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. 5. 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. 6. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Page 15 Page 126 Item#6. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC 11-1-4B. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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 Page 16 Page 127 Item#6. 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. 21. 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. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. 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. 24. 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. 25. 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. 26. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 17 Page 128 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Earl Glen Subdivision (TECC-2020-0003) by Riley Planning Services, Located at 1780 E. McMillan Rd. Page 129 Item#7. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 1/19/2021 ORDER APPROVAL DATE: 2/9/2021 IN THE MATTER OF THE ) REQUEST FOR A ONE (1)YEAR ) TIME EXTENSION ON THE ) CASE NO. TECC-2020-0003 PRELIMINARY PLAT AND ) CONDITIONAL USE PERMIT FOR ) ORDER OF CONDITIONAL EARL GLEN SUBDIVISION IN ) APPROVAL OF TIME EXTENSION ORDER TO OBTAIN THE CITY ) ENGINEER'S SIGNATURE ON ) THE FINAL PLAT,LOCATED IN ) SECTION 29, TAN., R.1E, ) MERIDIAN, IDAHO ) BY: RILEY PLANNING SERVICES ) APPLICANT This matter coming on regularly before the City Council on January 19, 2021, upon the Applicant's submittal of a preliminary plat and conditional use permit time extension application for a one-year time extension within which to obtain the City Engineer's signature on a final plat for Earl Glen Subdivision, which preliminary plat was originally approved on August 18, 2015, as provided in Unified Development Code § 11-6B-7C, and good cause shown. An administrative time extension(A-2017-0132) for one-year was previously approved for this subdivision by the Planning Director on July 17, 2017 and would have otherwise expired on September 2, 2018. An additional time extension(H-2018-0094) for two-years was approved for ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR EARL GLEN SUBDIVISION(TECC-2020-0003) Page 1 of 2 Page 130 Item#7. this subdivision by the City Council on September 27, 2018 and would have otherwise expired on October 16, 2020. IT IS HEREBY ORDERED THAT: The above named Applicant is granted an additional one-year extended period of time, until October 16, 2021, within which to obtain the City Engineer's signature on the final plat, subject to the conditions of approval as shown in the attached Staff Report for the hearing date of January 19, 2021 incorporated by reference as Exhibit A. Attached: Staff Report for the hearing date of January 19, 2021. By the action of the City Council at its regular meeting on the 9th day of February , 2021. DATED this 9th day of February , 2021 Mayor ROBERT E. SIMISON Attest: Chris Johnson, City Clerk Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. BY: Dated: 2-9-2021 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR EARL GLEN SUBDIVISION(TECC-2020-0003) Page 131 Page 2 of 2 Item#7. Exhibit A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 1/19/2021 Legend _ R-2 RUT 0 DATE: TMI Project Location � TO: Mayor&City Council � FROM: Joseph Dodson,Associate City Planner R='8 R-8 208-884-5533 RU T � RUT R-4� • SUBJECT: TECC-2020-0003 0� RUT C- Firenze Plaza �iR ,RUT" o � I� LOCATION: The site is located at 1780 E. McMillan ®� R-8 R Lj Rd., in the SW 1/4 of the SW 1/4 of Section �p m 29,Township 4N,Range lE. ® ® RUT- R- R 8 RT=BRUT I. PROJECT DESCRIPTION The Applicant, Riley Planning Services, Request a 2-year time extension on the preliminary plat in order to obtain the City Engineer's signature on a final plat AND extend the time to commence the multi-family use as permitted with the conditional use permit II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 4.65 acres Existing/Proposed Zoning R-8 &R-15 Future Land Use Designation Medium Density Residential Existing Land Use(s) Vacant Proposed Land Use(s) Single Family Residential&Multi-Family Residential Lots(#and type;bldg./common) 20 building lots;3 common lots Neighborhood meeting date;#of November 14,2020(Zoom)—No attendees;received one attendees: phone call and Applicant sent plat as requested. History(previous approvals) RZ-15-009,PP-15-011, CUP-15-015,MDA-15-006 (DA Inst. #2016-021940);A-2017-0132 (TEC);H- 2018-0094 (TECC). Page 1 Page 132 ❑ • III.rr r nn� ■ . ►t ■■■r ■ ■'�■■■■rr� �■i:i:,■rr ��� rya:� e �.F� r■ C7..nunru i■nn■nnnn•� ii� 'iiii��' ' nlrryi 1 n nor nnrnnn � :'I� � MEN .. -■urn ..■■ w _ nmum . /■m mn■ 11.. -4 ( m: ' ' ��:_ m■nr•nn■■Olson .i 1 R■4 1■■■ J �€ � fit■nu � `_- �in + —MCMIL-L--AN— MC-MILLAN now ■ MEN nor Emilio li u■ rnu nm 1 nnri! - � �� J .01,0111 11 1 1. 1" 1 1 '1 1 1 1■" 11 11 1 1 1 1 1 111 /1 • 1 Item#7. 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 this title." In 2015,this property received rezoning(RZ-15-009) and preliminary plat(PP-15-011) approval from City Council. A conditional use permit(CUP-15-015)was approved to permit a multi-family development in R-15. A modification to the development agreement was approved(MDA-15-006) and recorded as Instrument No. 2016-021940.A one-year time extension(A-2017-0132)on the preliminary plat and conditional use permit was approved by the Director on July 17,2017. This approval extended the time period in which the applicant had to obtain the City Engineer's signature on a final plat until September 2,2018. In 2018,a second time extension was approved by the City Council on September 27,2018. With the previous extension the Applicant had until October 16, 2020 to record the final plat or apply for an additional time extension as outlined in the code section above. The Applicant met the timeline by applying for the applications prior to the expiration. The previous time extension approved by City Council required additional conditions of approval due to code changes at the time. Staff does not find it necessary to require any other conditions at this time but will require that all previous conditions of approval are included. However,this would make the third overall time extension for this project and subsequent plat and Staff recommends City Council determine whether any additional conditions of approval are needed or if an additional time extension is appropriate. Approval of the subject time extension will allow the applicant to submit a final plat application. The subject time extension will also allow the applicant to commence the multi-family use as permitted with the conditional use permit, subject to CZC and DES approval. If the subject time extension is not granted,the preliminary plat application and conditional use application for this property would expire and new preliminary plat and conditional use permit applications would need to be submitted for City approval. The recorded development agreement still allows the development of the property as approved in Exhibit A. VI. DECISION A. Staff: Staff recommends approval of the proposed time extension of the Preliminary Plat and Conditional Use Permit for a time period of two (2)years, as requested,to expire on October 16, 2022 if the City Engineer's signature is not obtained on the Final Plat prior to this date. B. Conditions of Approval: 1. The applicant is to meet all terms of the approved annexation (RZ-15-009), development agreement(MDA 2016-021940)and preliminary plat(PP-15-011)for this development. 2. The applicant is to meet all terms of the approved conditional use permit(CUP-15-015)for this development. 3. Future development of the subject property shall comply with the design standards in effect at the time of development. 4. The applicant shall have until to October 16,20212,to commence construction of the multi- family development and obtain City Engineer's signature on a final plat OR submit another time extension in accord with UDC 11-6B-7. C. The Meridian City Council heard these items on January 19,2021. At the public hearine.the Council moved to approve the subject Time Extension request. 1. Summary of the City Council public hearing: Page 3 Page 134 Item#7. a. In favor: Penelope Constantikes,Applicant Representative b. In opposition:None c. Commenting: Penelope Constantikes d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Bill Nary,City Attorney 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. The reasons for the continued delays in developing this site as approved through the preliminary plat and conditional use permit: b. What kind of precedent is there to continue affording time extensions for subdivisions that do not have a clear development timeline laid out: 4. City Council change(s)to Staff recommendation: a. Council approved the time extension for a period of one-year instead of the requested two-year time period. Page 4 Page 135 Item#7. VII. EXHIBITS A. Approved Preliminary Plat(date: 5/19/2015) PRELIMINARY PLAT OF EARL GLEN SUBDIVISION LOCATED 1N A PORTION OF THE SW V4 OF THE SW 1140E SECTION 29,TAN,R.1 E,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO MAY 19,2015 IIL - r IL F— JIII Z� a JI - 4 1JA. `-¢ _ anx°mnw¢mw o.wo vxorme rw reiv CtVa7 —III ..�. II I' ; mow onare,wrtv x.,a J¢s uort"mP'd'wT"va ill C�1 xmv ®.o er.nwr...�,..ew,exr dab ... J I LL> C Ir- o I I, 1µ e sus—s— xawe I F ,I.1xfl ° vmi xn,nvu,r ma /` ....�...v sa. .a.s.-.won�........ xcu r.nMre,.wmo. wrx .e. mn wx xa xacuwn naiu, ¢¢srn.von w wns�mnw x,w _ Page 5 Page 136 B. Approved CUP Plan(dated: 5/19/2015) CONDITIONAL USE PERMIT SITE PLAN FOR MULTI-FAMILY LOTS IN T , EARL GLEN SUBDIVISION I= LOCATED IN A PORTION OF THE SW V4 OF THE SW IJ4 OF V� SECTION 29,TAN,R.1 E,BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY,IDAHO MAY 19,2015 Z g gS I" LOT I --------- 7 �n n LOT-0 5 050 SF JV IN 7 SF LOT 12 Ld j, LOT 70,418 sF LOT 13 T11, 9187 5F LaT 15 I I F F GUPSIT­ mmu. L Page 6 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Final Order for Stapleton No. 2 (FP-2020-0014) by Conger Group, Located at the Southwest Corner of W. Harris St. and S. Meridian Rd./SH-69 Page 138 Item#8. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JANUARY 26,2021 ORDER APPROVAL DATE: FEBRUARY 9, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 63 BUILDING ) CASE NO. FP-2020-0014 LOTS AND 8 COMMON LOTS ON ) 10.6 ACRES OF LAND IN THE R-15 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT STAPLETON SUBDIVISION NO. 2 ) BY: C4 LAND, LLC ) APPLICANT ) This matter coming before the City Council on January 26, 2021 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 STAPLETON SUBDIVISION NO. 2, LOCATED IN THE E '/2 OF THE SE 1/4 OF SECTION 25, T.3N., R.1W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: 1/5/2021,by KEVIN M. BORAH, PLS, SHEET 1 OF 6," is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR STAPLETON SUBDIVISION NO. 2—FP-2020-0014 Page I of 3 Page 139 Item#8. 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 January 26, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" 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. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR STAPLETON SUBDIVISION NO. 2—FP-2020-0014 Page 2 of 3 Page 140 Item#8. 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 9th day of February , 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: 2-9-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR STAPLETON SUBDIVISION NO. 2—FP-2020-0014 Page 3 of 3 Page 141 Item#8. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT t D A H 0 HEARING 1/26/2021 0 DATE: Legend RUT R-15 Project Location TO: Mayor&City Council R"g R-4 RUT R-" U FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2020-0014 Stapleton No. 2 R-8 LOCATION: Southwest corner of W. Harris St. and S. Meridian Rd./SH-69.,in the SE '/4 of RUT Section 25,Township 3N.,Range 1 W. R-4 I-L RU1T R-4 I. PROJECT DESCRIPTION Final Plat consisting of 63 buildable lots and 8 common lots on 10.6 acres of land in the R-15 zoning district. II. APPLICANT INFORMATION A. Applicant: C4 Land,LLC—4824 W.Fairview Ave.,Boise, ID 83706 B. Owner: Same as Applicant C. Representative: Laren Bailey,DevCo 4824 W. Fairview Ave., Boise, ID 83706 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the same number of buildable lots and amount of common area is proposed as shown on the approved preliminary plat, Staff deems the final plat in substantial compliance with the approved preliminary plat as required. Page 1 Page 142 Item#8. IV. DECISION Staff: Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 1/29/2019) PRELIMINARY PLAT FOR slEEfrnoo[ Lo S IN P NE SUBDIVISION LOCAIID N THE NE I j4 OF THEE 1J4 CF�CIIIXJ 25 T\]wRL911 P 3 IV[]RTH,RNlGE 1 W6i,0..AI. � MfRINVW NM COUNTY,ILW10 Pf>.3 °aunwr 5nm fionr[5 _ ___ is —T7 'a.. tl�3 a pEj R i`, • u�=3i ai _ 1 PbpTPGlW x �� d f SPTS4(d'E f � lE I � e c � 3 tl1R1E TnBIE IDI SILYlRY - 1 !r L—a f J �i ii Ip I r-� � . t n m 1.1. = e E; RuraaEn rpe sraalETow uc �I r�— � � I� .. •.�• muwEart.�ou nvE ' I I LQ°fiI IYRCAL SECTION - jgBT -- •�..aw � JU — � r�lsxw x®zrlsw d x I181• 652I i.a...... ,.ix a ii.�, � kx: I . SIREET9ECTplATENIPRYCE:-1� -. ll'TYPICALS'IRE£T?ECT10N;1•, TT��SIE�H��.� PP1.0 Page 2 Page 143 Item#8. B. Final Plat(date: 1/5/2021) STAPLETON SUBDIVISION NO. 2 B0OK—•pAr_F - LOCATED IN THE E112 OF THE SE114 OF SECTION 25, T.3 N.,R.I W.,9 M.,CITY OF MERIDIAN, ADA COUNTY,IDAHO acm.a �+1arelcv Aura q� `un 202I n ,a„r so�.os•E+xurg as7sm•e----_ a w.erenssr- -- - --------- ---------•—'-�---ss�zrzrE iv�aor-----—'---'------•------------ r.�z•r v.a.�3 •..nermze•w�xs.n• xer�vsrw,�.�;--- � , �.w�rrrm •�� � � w.nnro 1 w.wear wwru� 1 ---- ' N 1 �wa*rrp ; �� . •I e cn,aTiEv naemavx aF n.rml6e ursau. `� ��' � s �-- -- - -rc�•mrw mesa—- -- -- '�S lxav Jaw iasar .. +ice uvF wvurs,v�.cesf,ae ..+m s.�v,�uraver.-rmwo wwsr rrm.,,�,• snnnw, a nectar,-vHs�:r.-., - M sees�raoFefae.ww�+rw roveeRr l�1r� 100 1 wx,u .no cwrvt awes .. ... .. �n�mey wr w.ea�urm��ix+�er xnrcris�iiai��auk� r�ie�f,r=xrs�n�A [ems SEE Art[Ta 0�6 FQC 0F�Ff/E.KH•u 51QGf[YE4tli . �V�� ea5uami.rnnAOm Srcewlwc E.�nevr 4vIN .. ... __ .e,erwwuc°`.xm" w 'evmr sw.een.e�c+mwoati<a...werxr rerlm.�,e. WASH . .. �ra���w.x.a.r•.r.Rrrr•�r.,,,r.�rx. r-�,,,�,. h 203C S. G936 AVE. EMMETT,ETT ID 83fiI7 (208)M-8104 vw+ .�..,... I•rr .. .,.. TV[JI FAx(208)395-8P 05 un xuc��x,rnrr u.. �m ^'°".'A xe�o �;r �,.:. "x•„.2� �.�. 1-oaa��ur✓c �!�WWW.-CAWTOOTNL5,COM ,rmarmxvx.n......x x,r•_,..n c_w�r.mae neoww 10E6 1ltW! AyC9r R9 !�! 1�1� Page 3 Page 144 STAPLETON SUBDIVISION NO.2 BOOK_PAGE --—-------- ----------------------------- 7m-- fay 4 A �F- L -j L ­2 —5 WAS AVE. 19 63617 (208)39&8104 FAX(208)398 www.'AwmGTHL5.cLlm —1 zxr—� STAPLETON SUBDIWSrON NO.2 BOOK—,PAGF--. A It di ki qL looSW [NCTZMAVE 195 �ID� I FAX(208)3 98-8105 f-'�-,WWA4*M0THUC0M 7z- Page 4 Item#8. STAPLETON SUBDIVISION NO.2 a00x—,PAGF_ -=— mar---wuz. ---------------- 106, ti ----- sn,n•Aruw�ns,osu xw sxxn�,. CST T���mi'o-�xrirmF'�ri f 20305 WA43MGTON AYE. M EMMET7�10 BU6I7 10 >3 (708)398-3104 �+ AZL _f/FAX(208)398-8105 kw.�mC ,ss.wc Mx. "'�"m�•,",•°` Gail 5ur✓ey rr,,,!C WSW 54VITOOTHL5,MM Page 5 Page 146 Item#8. C. Landscape Plan(dated: 12/18/20) E + . W.HARRIS STREET FUTURE 9TAPLETON SUBDIVISION I � ��' PHASE q � h� _ - 1 I..m _FUTURE BTAPLETON SUBDIVOION PRA , f V Zo C — � _ _ :a= 2 4 m � L) FUTURE ¢ (/J Z STAPLETON ' SUBDIV181ON PHASE O � F STAPLETON W suBuivm qN J N J --- - PHASE 1 Q wD 2 F a E fn a — j -� 'll I �••pVERALL PLAN L0 • m W,HARRIS STREW VA ,1 se u s1" s� si RADrANr RIDGE Z 0 d o_ z _ C a PLANT SGHEGULE � a � - I d¢ Q it m� r g s I o u .... —.._. J � v I J ' a a a ' f`OTES W.HYHDAIhN STREET31 :n »xrxro xxx.n. o.,•`."`.'. 'iii— KEV MAP _ '~ ;. + + 3 3 _ — �}._- ® L1 Page 6 Page 147 Item#8. PL^_M1.I SCHEDULE y W NdRR15 Si RCEi MEN z o � : . �2 z a < '" NOTES Q 0 Wa ,Ig w.npolA rnloce oA O mm. W a HJNE L2 u O - ` U 1 MA =L8 , KEY MAP - L2 UNPBLpPE PLAN - L2 FFPLANT SGHEC�ULI A CH LfTCLM L3 Mil o ,ten y y W.HYNDIA-STREET e .' W - Zx pa z Lu 11* s n m W U o z / J vWi � O fn a a 0 KEY MAP L2 LANDSCAPE PLAN L3 Page 7 Page 148 FL.ANT SSHM;IJLE vl�'.7 i;lil%'�11111.��­ "MurMM, I'Lill"I'l W'Wil.V JEIi MIJ111.1-III T'I IIIIII.-TAKI— cc r-11 .......... CIO .............. 4L LLI M T LIT eEo­1 L4 MOE` Z 0 z 5 < 0ENTRY OATF-11ARK41LI—IRGUNV (L 9) 0 z _j 0 T__ LLI _j Zo v co MAINFFNArGF FNFF_AN6F Ut­iNrFNW.FFHFIi L5 Page 8 Item#8. D. Site Amenity Details PROJECT AMENITIES As the developer have researched and interviewed homeowners and followed the city ordinance to plan the most productiveamenities for this area and thisdevelopment. The amenity package exceeds the III uirementofMeridian Clity Development fiode,which requires that the application have two amenities,one of 10 required open space and a second that meets the requ i rements of city cod e_We are proposing three additions[amen iti es for a total of fie including a regional pathway extension and a neighborhood park including a play structure, climbing dome,swing set, climbing rock boulders,half basketball oourt,and seating areas_ Proposed Amenities: +4-1WN FENCE Large Ha If-Acre Park-The h alf-acre park ,VilI contain the following recreation _ �# 6h5Krt76�L i 6r6 WHEELfacilities: COURT TRAZIS Enclosed Fencing for Child Safety 3 49 Basketball court _ Play structures - S% lng4 < ;ENTRY#9 Climbing:Rocks and a Dome Structure IFOR Big Wheel Track 541iwC+a--� so hoo Scenic viewing area wf bench seating - Attractive landscaping and pedestrian 1 +^ pathways f3TRAJUU9r � `f DOM�i G 1. o Dog Park DDME Fully FenoEd P*weIIIc2� aII cuMaEN Double Protection Gate BOU4E75Rr Seating Areas o Pathway- A 10'regional pathway will be provided at the +J southwest aornerofthe project area.This pathway wills •ILI connectto proposed pathways in other previously approved developments to the west_And will provide a regional connertiontothe retaii and commercial - components ofthe Mixed-use Development_ Along Meridian Road nearly 1,200 linear feet of 10'Regional Pathway will also be providedthefull length ofthe project -- I . from Harris Street to the southern boundary of the project. Page 9 Page 150 Item#8. TOPVIEW � ® FOFKIOS AGES 1-12 PON GENERAL NOEER WnE 5Ne P d.�aq Wall wl Talesw'Ge . Rlae 9taim Gp4.1 72" 1. 6B' Betllack gfk ulhla rrramm L � � +--r—tr was smv Rwf Firepole ValFal 38" l.etltlLi Rbbd L J Pyremltl Roof oue&id Tum e Transfer slae� S1RIlLRIPEw',R35AFF1FA PI-1—I➢P20PE5EM PLAYCRA 1.. M7:9/If IDIWWN W.TNom-¢ AN.OSE ZONE M K 33 Lc DgRecreation SW NEW ®F 5.1. E VIEW ® FSI oNEs/1(m20¢a£ NHY.Rvn�a Page 10 Page 151 Item#8. SW VIEW ,wvi SW VIEW SIIIIKTUPL:fRE4C1910 onic.E9/Vmxa I oxaww ai':inrnm Page 11 Page 152 Item#8. swr, 3S 4p., ga• 1C 3YI 12, Pole steal be Dw9rLxM or 3 =':.::_=i d ameler RS4a Tkm oaared gahamed EIEe Wtirg•Mtr an E p.wall Vkknes- DeMp EMI aEater.gmEe-cf:-._: :a ID%v Tor a W buy InW the ground and a W e7CEr6ImIoT Ule front oT Um pole 1D II1e TaCe of II1e Ua[dJbald.TA'7'_ :'"=I�13�110�4 d]a�tl goltan Ztd:l)dlla C�d�'b snail SJppat��atrYa bwkbcard and;nrre--drEa ti:_"•::_�Ie shill be dagglec E:".r.:hE 7m rnLns dl-L—^- to Ire ndmlrrd pole section 1N P LnebaClDmrc M ellr.}=:=::-_:: Y1e badlboard dudre:_,.�oesrb:r etm;.)ockMardsjppatbrdcasahall nv)l n COrS def=�eq".Pde rmi :3 ' -Lr5 &C- lrr--: Backteab steal D�E wrsiucLee o';as: .... .. :51.7 x c=•- ::ac PtRAR :. - --'E-nlrlmu pl r allrgS Jrraw hckress sha be 3AF.Armnur.-:3` s..p..r ros Ehal o==x<. -rear�f --:7a3l:rl:�KneEE or'1e wUcard snail be 1;.T.The tadLoar r sral to ma[aJ vats a r'.��e:;� �=: :: - - - _ ::a:�t 'n Eh and nawE an drdaF612EC o!d•Ig'_EYp00E'E Egr.afE 31d tt0lder.eadiW3N Era :i-- - v. - _ --.- =T EYV3 be�LY x ancfM43lsgS•E•danele'Pl.^,I-Did call drawn eabonsbeel9rg'.cl;rmviLom3,.1rs'3—,- '=: ksnadxn r}lcn rwt prdOed.�.eackpYate gall be a n inlarm M F rrkk Rim shall be wpported by a 1 2-dL3re:- m m—fax—.I+vmng r arvrsre steal be Inc Jded.Rmshallrady a 1-pealhtl dwaianty,ha'eai warms pmbrWco3ted T.i>-=rd ce rade Ir tre UrA hEUWUDn n be Dort-pletedlnaoeardancewM rnanurj=xWs lnstrlcOmmi. Dorwt"edrewlrgw,'_rllre Eys-.efn"wEkX1 approAM31 ly 179#. • PRODUCT SPECIFICATION >,--TCLCIi-].TY FFMM blLk1HLl1 Fdh GOC6l3ECK PLAYGRNM SVSTT3t 603 L Skeet,Lhmhm,H E 6W&-Phom:(000)247-1668-Fax:(BOO)63 OMB-xvw.bisonnc.carn-in sorlinc.carn Page 12 Page 153 Item#8. E. Common Driveway Exhibit ---------�� ----------- TREAR ZERO SEaA.OK Sz60 LOT LINE ? 2OA4' FRONT I �SEiBACK �^-�I 63 24,04' CUMMON ZERO 5ET&ACK 12.04' REAR DRIVE LOT LINE 59 ! LOT 57 TAkES ACCESS SETBACK I———————————l ` I FROM RADIANT RIDGE -——————————— ti DR. DRIVEWAY LOCATED ON EAST SIDE OF LOT. 1 \ 58 61 � J \ 64q JJJJ`` — — f J W RADLANT RIDGE DR � ss / 25 249 27 28 N 20 0 2D IQ STAPLETON SUBDIVISION NO- 2 COMMON DRIVE EXHIBIT-LOTS 57-65 BLOCK 1 Page 13 Page 154 Item#8. F. Emergency Access Exhibit N S er"P arY I �maround IT II aCceas la trams �� � I •d8 ire[ f'' s['e_`vrFl6'.f1R'.1LMF �. 1 nesman and Raaam -- dgem ct wnne In a11a6e3 I I evelopment is fimlted to _ 0 tomes u ntil the sewnd .____ 1I ccess to Harris Street is constructed. emparary miner a - ---- around I - I o e:rear: I Rooal ad Conarswcred — I ntcry p"Se 1 # LL, I =":.l STAPLErON SUBDIVISION NO.1 dr 2 FIR[ACUSS tXHlgn- Page 14 Page 155 Item#8. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2018-0129,Development Agreement#2019-110907). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat; or apply for a time extension,in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Kevin M. Borah, Sawtooth Land Surveying, LLC, dated 1/5/2021, included in Section VII.B shall be revised as follows: Legend: a. Include the recorded instrument number for the ACHD sidewalk easement. b. Include the recorded instrument number for the ACHD storm drain easement. Notes: c. Note#5: Delete note;Homeowner's Associations are not governed by the City of Meridian. d. Note#6: ". . . Lot 19,Block 6, and Lot 1,Block 7 are reserved as common area. . ." e. Note#7: Include recorded instrument number for ACHD license agreement. f. Note#13: ". . . Lot 19,Block 6, are servient to and contain the ACHD storm water drainage system. . ." g. Note#14: Include recorded instrument number of ACHD sidewalk easement. h. Note#15: "The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation." Face of the plat: i. Depict the north/south shared lot line between Lots 50 and 51,Block 1 (Sheet 1). j. Include the Surveyor's Narrative(Sheet 3). k. Include the recorded instrument number for the ACHD sidewalk easement(Sheet 4). 5. The landscape plan prepared by Jensen Belts Associates, dated 12/18/20, shall be revised as follows: a. Re-number the lots consistent with the final plat. b. Include the total linear feet of parkways and the required number of trees in the Landscape Calculations table per the standards listed in UDC 11-3B-7C.3. 6. Future homes constructed in this development shall substantially comply with the conceptual elevations approved with H-2018-0129 included in the Development Agreement. 7. The building lots along the perimeter of the development adjacent to W. Harris St., except for Lots 60 and 62, Block 1, shall be restricted to a single-story in height as proposed by the Developer in accord with the Development Agreement. Page 15 Page 156 Item#8. 8. Prior to issuance of any Certificates of Occupancy within this phase of development,the W.Harris St. roadway improvements,including curb,gutter and detached sidewalk and street buffer landscaping along the full length of the project boundary along W. Harris St. shall be constructed. 9. All single-family attached and multi-family structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted and approved for all attached dwelling units prior to submittal of building permit applications. 10. All development within the Northwest gas pipeline easement shall comply with the Williams Gas Pipeline Developer's Handbook. 11. Address signage for emergency wayfinding purposes shall be provided at the public street for homes accessed by the common driveway on Lot 61,Block 1. 12. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easements shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer; or, a note including this information may be included on the plat. 13. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The water main in W Harris Street that this development is connecting to is actually a 12-inch, not a 10-inch. 2. Common Driveways with four or more lots need to have a private sewer line that will be the responsibility of the HOA. A manhole in the common driveway located at the property boundary is required with a lid that states"Private". 3. Provide at least 5'of separation between storm drain line and SSMH G-2. 4. Changes to Phase 1 of the development construction plans impact this phase. Drawings need to be updated to show changes to Phase 2. The City has discussed this with the applicant. The applicant is to continue to work with public works and provide the updated drawings. 5. There is no need to show the future lights on Meridian Road. Lights on Meridian Road will require a future installation agreement and deposit pursuant to Section 6-4 B of the Meridian Design Standards. General Conditions: 6. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 7. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this Page 16 Page 157 Item#8. development, coordinate main size and routing with Public Works. 8. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 9. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 10. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 11. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 12. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 13. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 14. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 15. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 17. Developer shall coordinate mailbox locations with the Meridian Post Office. 18. All grading of the site shall be performed in conformance with MCC 11-1-4B. 19. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 20. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 21. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed Page 17 Page 158 Item#8. in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 22. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 23. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 24. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 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. 25. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 26. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 27. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 28. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 29. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 18 Page 159 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Spurwing Sewer Easement Annexation (H-2020-0087) by Shari Stiles, Engineering Solutions, LLP, Generally Located North of W. Chinden Blvd./Sh 20-26, Northeast of N. Ten Mile Rd. Page 160 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 Annexation of 0.60 of an Acre of Land with an R-4 Zoning District Encompassed by a City of Meridian Sanitary Sewer,United Water and Emergency Access Easements in Spurwing Subdivision,by Engineering Solutions,LLP. Case No(s). H-2020-0087 For the City Council Hearing Dates of: December 15,2020 and January 26,2021 (Findings on February 9,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 26, 2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 26,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of January 26, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 26,2021,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 § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SPURWING SEWER EASEMENT—AZ H-2020-0087 - I Page 161 Item#9. 7. That this approval is subject to the provisions in the attached Staff Report for the hearing date of January 26,2021,incorporated by reference. The provisions are concluded to be reasonable and the applicant shall meet such requirements as a provision 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 is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of January 26,2021,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 January 26,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SPURWING SEWER EASEMENT—AZ H-2020-0087 -2 Page 162 Item#9. By action of the City Council at its regular meeting held on the 9th day of February 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: 2-9-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SPURWING SEWER EASEMENT—AZ H-2020-0087 -3 Page 163 Item#9. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING January 26,2021 Legend -� DATE: Continuedf rom:December 15, 2020) I ii �Praject Lflcfliian �I TO: Mayor&City Council rr L FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2020-0087 ------ Spurwing Sewer Easement—AZ a LOCATION: North of W. Chinden Blvd./SH 2O-26, northeast of N. Ten Mile Rd.,in the SW 1/4 of Section 23,Township 4N.,Range 1W. (portion of Lot 2,Block 1, Spurwing 1' Subdivision) I. PROJECT DESCRIPTION The Applicant requests annexation of 0.60 of an acre of land with an R-4 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.60 of an acre Future Land Use Designation Low Density Residential(LDR) Existing Land Use Sewer easement/golf course Proposed Land Use(s) Emergency vehicle access for Fire Dept. and Public Work's access to sewer easement Current Zoning RUT in Ada County Proposed Zoning R-4(Medium Low-Density Residential) Neighborhood meeting date;#of July 22,2020; 8 attendees attendees: History(previous approvals) This property is a portion of Lot 2,Block 1, Spurwing Subdivision(Bk. 113,pg. 16653).A lot line adjustment was approved by Ada County in 2007(ROS#7826). Ada County denied a CUP modification permit to build an emergency access road. See Applicant's narrative for more information: narrative Pagel Page 164 Item#9. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State One(1)emergency access is proposed from the west via N. Hwy/Local)(Existing and Proposed) Sunset Maple Way in Spurwing Greens Subdivision Fire Service See comments in Section IX.C. Police Service No comments were submitted. Wastewater Distance to Sewer Services Existing through parcel Sewer Shed North Black Cat trunkshed Estimated Project Sewer ERU's See application WRRF Declining Balance 13.97 Project Consistent with WW Yes Master Plan/Facility Plan Impacts/Concerns Sewer mainline is existing through the subject parcel. Water Distance to Water Services This parcel is within Suez Water's service area. Pressure Zone Estimated Project Water ERU's Water Quality Project Consistent with Water Master Plan Impacts/Concerns Page 2 Page 165 1 1 1 in �inin .. 11 44 1 J' u: 111■ III __ f ', �� `��'` - - — I IIIIIYH•1•Y IIII IIINIIIY p� um liiii=' __ �1 i■ nl � ■■ -- W: ■III III 11 II IIIIIN •_ IHloll Z LLJ N�III 11 III III IIIII ...•. - •2_ F+'1 IIN IINIIIII■ IIIIIIII `--- - '�-- � ' ' II-2 ■ IIIINI ■■ in min :�•� 1 NI � �� ��• 1 NI � �� IF. N ,1 .= ~ uuiuNuu■ —I I Ell nuli IIm2,�„ uiuuN11145 —I II � L. 9°• ' .a1111I nio 11. 1 ��2� II IINIIYIINII N ��- — 1•I• 111 1 ��2� IIIINIIYIINII N �W' III-1 ,^, - _ NII IIIII 111 = III �_ - NIIIII II 111 ■III III 11 1i� _ i � __ ■III III 11 ��'���� IINNNI IIIIII s '?■i'� IINNNI •� ����!1 IINI II IINI } 1 III IINY'r ■IIIIII' }•u IIIIIN+' 2 ■II I I I II •IN III 11 III IIII -- I IIIIII Z N�III 11 III IIII II,III I IIN IINIIIII■ IIIIIIII ■Z_ F+'!!IN IINIIIIII IIIIIIII in IIIINI I11 II�2 ■ IIIINI II Item#9. B. Owner: Spurwing,LP— 1406 N. Main St.,Meridian,ID 83642 Pacific Links, Limited Company—200 N. 4th Street, Ste. 205,Boise,ID 83702 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 9/25/2020 11/27/2020 Radius notification mailed to property owners within 300 feet 9/23/2020 11/23/2020 Public hearing notice sign posted 10/1/2020 11/30/2020 on site Nextdoor posting 9/23/2020 11/23/2020 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated Low Density Residential(LDR)on the Future Land Use Map (FLUM)in the Comprehensive Plan. The LDR designation allows for the development of single-family homes on large and estate lots at gross densities of three(3)dwelling units or less per acre. There is an existing City of Meridian sewer easement within the subject annexation area;the Applicant proposes is not proposing any new development within this area. 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): • "Preserve existing public rights-of-way and other easements for future pathways and accessways, particularly along powerline and utility corridors, railway corridors, and waterway or irrigation corridors."(4.04.02B) Annexation of the land where an existing City of Meridian sewer easement is located and requirement ofa Development Agreement with a provision that restricts uses other than that of the sewer easement and emergency access easement will ensure preservation of this easement and access. • "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 area incorporates an existing City of Meridian sewer easement. VI. STAFF ANALYSIS A. ANNEXATION&ZONING The Applicant proposes to annex 0.60 of an acre of land into the City with an R-4 (Medium Low- Density Residential)zoning district consistent with the FLUM designation of LDR. The annexation area is a portion of Lot 2,Block 1, Spurwing Subdivision,which was developed in Ada County. Typically, the City does not annex a portion of a parcel or lot;however,the City Attorney and the Planning Page 4 Page 167 Item#9. Manager has deemed it appropriate in this case due to the County's denial of the site modification and the City's requirement for an access to maintain the public utility;therefore, Staff is in support of the request. The property proposed to be annexed is developed as part of the Spurwing golf course and contains a 20- foot wide Meridian sanitary sewer easement(Inst. #112130813)with a 12-inch sewer main line and an 8-inch Suez water main line.An emergency vehicle access easement is proposed in this area to satisfy the Fire Department's requirement for secondary emergency vehicle access to Olivetree at Spurwing Subdivision. Emergency vehicle access for this subdivision was previously planned via W. Chinden Blvd. at the Chinden/Ten Mile Rd. intersection; however, since the time the preliminary plat was approved,improvements have been made to the intersection which necessite an alternate location for emergency access. For this reason, emergency access is proposed where the sewer easement lies. Public access will be restricted through the use of gates at each entrance with a knox box as required by the Fire Department in Section X.C. This road will also provide access to any manholes within the sewer easement area in accord with City requirements and access to the Suez water lines as desired. The subject property is non-buildable as it isn't a legal parcel/lot eligible for a building permit and doesn't meet the minimum dimensional standards of the R-4 district. A more detailed decription of the history of this request is included in the Applicant's narrative letter submitted with this application: https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=193513&dbid=0&repo=MeridianCiU 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 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,Staff recommends a DA is required that limits development to that proposed with this application(see provision in Section IX.A). The Olivetree at Spurwing subdivision cannot develop without an approved secondary emergency access which the Applicant's proposal provides. If Council denies the Applicant's request, an alternate emergency vehicle access will be required for any development over 30 building lots in Olivetree at Spurwing Subdivision; or,the applicant has the option to fire sprinkler additional homes beyond the 30. NOTE: The City is currently monitoring the number of homes for this development and the number of building permits issued is approaching the maximum of 30 until the emergency access is approved and constructed per the City's requirments. 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 these items on October 15,2020. At the public hearing,the Commission moved to recommend approval of the subject AZ request. I. Summary of Commission public hearing: a. In favor: Becky McKay, Engineering Solutions(Applicant's Representative);Mark Freeman, Foley&Freeman Attorneys (Representingtpplicant) b. In opposition: Greg Stock, GretchenTseng,Rick Mauritzson, Tom Nist, Tony Tseng C. Commenting: Rod Wa nel Page 5 Page 168 Item#9. d. Written testimony: Robert Trerise, Gretchen Tseng, Carrie Franklin,Eric &Mary Kay Klein,Qing-Min&Erin Chen,Tom&Andrea Nist, Greg Stock, Steven Leavitt&Rick Mauritzson. e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s) testimony a. Concern pertaining to construction of a road&public access between Balata Ct. in Spurwing Subdivision&N. Crantini Way in Olivetree at Spurwing Subdivision; b. Preference for an emergency access for the Fire Dept. to be provided from Chinden Blvd. at the Ten Mile Rd. intersection rather than in the location proposed; c. Negative impact on adjacent properties where access road is proposed due to public use. 3. Key issue(s)of discussion by Commission: a. Necessity for a road for access to sewer manholes/maintenance of City infrastructure; b. Possibility of the Applicant providing landscapingdjacent to the abutting residential properties to screen the access road and properties from users of the access road; c. Possibility of installing signage at the gates prohibiting public access; d. Question as to whether or not an emergency access is still feasible in the location originally approved at the intersection of Chinden Blvd./Ten Mile Rd. 4. Commission change(s)to Staff recommendation: a. Public Works' should provide a description of what preference they have for surface treatment of the access road between the two manholes(see Section VIII.C); b. The Applicant should work with adjacent homeowners to see what mitigation could be provided to lessen impacts from the road(see landscape plan in Section VIII.B); c. The Applicant should try to get a letter from ITD stating they won't allow access as originallyapproved via Chinden Blvd. without an easement from the Wagner's[a letter has been submitted from ITD (see link in Section IX.H)—ITD will only allow a single- approach for safety reasons and is not opposed to an approach that serves both the Wagner farm parcel and the emergency access with the conditions noted in the letter. However, Mr. Wainer stated at the last hearing that he's not interested in granting an easement for a shared driveway at this time d. Add requirement for signs eg t�provided prohibiting public access to the gated area (see provision#A.lb in Section IX). 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard this item on December 15,2020. At the public hearing,the Council moved to continue the subject AZ request to the January 26,2021 hearing in order for the Applicant to work with the Tseng's to determine landscaping that they'd amenable to between their property and the access road: and for Staff to clarify emergency access options via Chinden Blvd. with ITD. The City Council heard this item again on January 26,2021 and moved to approve the requested annexation. 1. Summary of the City Council public hearing: a. In favor: Mark Freeman.Foley&Freeman Attorneys(Representing the Applicant); Becky McKay.Engineering Solutions(Applicant's Representative) b. In opposition: Rick Mauritzson: Greg Stock; Gretchen Tseng: Tony Tseng C. Commenting: Sarah Arjona,Idaho Transportation Dept.: Rod Wagner d. Written testimony: Gretchen Tseng, Stock,Rick Mauritzson,Eric Epperson e. Staff presenting application: Sonya Allen £ Other Staff commenting on application: Kyle Radek; Deputy Fire Chief Bongiorno, Police Chief Lavey: Clint Dolsby Page 6 Page 169 Item#9. 2. Key issue(s)of public testimony: a. Against the provision of the access road and preference for the area to be returned to its previous condition as required by Ada County: b. Preference for homes in Olivetree at Spurwing to be constructed with residential sprinklers in lieu of the provision of a secondary emergency access road as proposed: c. Request for the Council to deny the request for annexation and remove the access road. d. ITD doesn't have the right to take away the Wagner's access via Chinden and a cross- access agreement can't be agreed upon for a shared access—per Sarah Ariona.ITD. e. Mr.Wagner testified that he has no intentions of going anywhere or redeveloping his property in the forseeable future and wants to retain his existing access via Chinden. 3. Key issue(s)of discussion by City Council: a. ITD's letter in regard to the provision of emergency access from Chinden Blvd./SH 20- 26 to the Olivetree at Spurwing development• b. The Applicant should work with the property owner(Tseng's)primarily affected by the access road to determine landscaping that they'd amenable to between their property and the access road: c. The importance of the provision of secondary emergency access to the site for emergency responders in the event of a fire or other emergency: d. Restrictions that can be placed on this project to ensure the access road doesn't turn into a public thoroughfare: e. Questions pertainingto City-process in situations like this where a City easement exists over a private property in the County: £ Council encouraged the Applicant to do everything they can to deter public access to the access road and enforce the restriction: g_ The Applicant reached an agreement with Tony&GretchenTsen ,the property owners most affected by the access road. 4. City Council change(s)to Commission recommendation. a. Include DA provision that the access road is for emergency access and Public Works and Suez access of utilities for maintenance only—public access is prohibited. Gates are required to be installed at each end of access with signs at each end prohibiting public access beyond the gated area. Page 7 Page 170 Item#9. VIII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map TEALFTS LAND 12594 W. Exmorer Drive, Suite 150 • Boise. Idaho 83713 SURVEYING ( ) 385•01$ F] Fax (208)385-M6 Project No.-4867 EXHIB11T „A„ Date:July 8, 2020 DEDRJPTION FOR JOCK HEWITT ANNEXATION PARCEL A parcel of land toeing a portion of Lot 2 of Block 1 of Spurwing Subdivision as on file in Book 69 of Plals at Pages 7104 through 7108 in the Office of the Recarder for A do County. Idaho, said parcel being situated in the SW 114 of Section 23, TAN., R.1W.. B.M.,Ada Gounty, ldah&and more particularly descr[bed as follows: COMMENCING at the Southwest cornet of sakd Section,23. marked by a brass cap,thence along the West line of r}apd Sef tion 23 forth 00°204Y East 1170.64 feet to a point; thence leaving said West line at Mght arrgtes South 89"39'20"East 331.81 feet to the Saulhwast corner of Lot 14, Bloc* 1 of said Spurwing Subdividon which point is also the Northwest corner of Qlivetree at Spurwing Subdivision as on fte in Book 115 Of PlatS at Pages 16653 through 16656 in said Office of the Recorder forAda County.which poq,t is the POINT OF!BEGINNING, rnarkett by an iron pin,thence along the West line of said Gliretree at SpurMng Subdivision South 10"58'41"West 211.00 feet to a paint;thence Jeaviny said West lift at right angles ldoM 79001"12"W es1 42.12 feet to a point; thence along a line paralrel w th sold West line of GJivetree at Spurwing Subdivision North 10"58'48"East 213-59 feet to a paint on a li rye that is pars IWI~kith and 41.00 feet VVest of the West llne of said Lol 14, Block 1 of Spurwing Subdivision; thence along said paral lei Gne North OV46'28"East 370-10 feet to a Point;thence North 47'2&00" East 5167 feet to s point; thence South 11 W25"East 25.82 feet to a point of curvature: Ittenoe along the arc of a curve to the left whose fadi us is 110.00 feat, whose central angle is 3V5841", whose length is 59 47 feet and whose long chard bears South W36'45"East 58.75 feet to a point-,thence South 42044'50"west 43.32 fleet to the Northwest corner of ea id Lot 14,marked by an iron pin, thence along the}Nest line of said Lot 14 South DD 4&28"West 305.94 feet to the PCH NT OF BEGINNING. Said Pamel Contains 0,602 Acre,more or less, A a 7L7i A. '�fiilfiA 4667-AnAoxauon-Cesc.00ex dnrtl Page 1 of 1 Page 8 Page 171 Item#9. EMUHIT "B'" CrrY OF MERIDIAN ANKEXATlON POR OL1VE'REE UTlllrnES PARCEL 0 LOT 2,BLOCK I.$PURWIIG&WYNON 2266 3 - IN THK SW IM OF SECTION",T,AN.R.W.,6A., AVA CQUWr'Y.V" CLRr TABLE CUM RAM6 CEXIA LENGTH $EAA/iG_ CHNO 1 J C- 1 WAG' I -w—A-4P 590' S d5%'4i' S It`07'25' E N 47'26'00' E 25.d2' NI ONT AFRRMN r kx Mw- E/,$F„ Not ff wb 41 4g913 ` 1#3.32' � q W SCALE IN FEAT y I• = h}0' I II f ` I DOT. r�alol►r� ' I" �� BLOCK ] pjeWj? �16 J Flv. ttf138818 I I � z PARfL A i 13 ��QQyy �t I�w 1} 26,204 Sf. " WATER FAIM. r , ' 0.602 AC. rFI. B•I P T $ NY�WMG Sr CoRmEm Apr u 5 84*39'2 'E 331.J3J' 1 Ir �+v zer 27s. 12 , > LAN# 37 p to t � �joe s II 38 ''° BLOCK 1 ' F "r _ 351 rk I' 7 Dfl2' 341 7 r 44 LOT 7 OrrJy71 �f BLOCS r 33 5P�JRVI C, S TEALETS LAND SURVEYING 223 1254+ W. EXPLORER oFaYE, SLlFE ISd, W3E, C] 93713 rri # Page 9 Page 172 Item#9. B. Landseape Mitigation Pla-m Page 10 Page 173 Item#9. C. Public Works' 2019 Design Standards for Access Roads 2-16 ACCESS ROADS: A. Access to sewer,water and recycled water mains not located within public rights-of-way shall be provided by an all-weather gravel access road constructed of 3/4"minus road mix gravel. See the Supplemental Specifications. B. The maximum access road grade shall not exceed 10%and shall be shown in the profile view. The access road shall not block natural or artificial drainage and shall conform to the requirements of the governing agencies. C.Access roads for sewer manholes shall have curves designed for turning radii of 28 feet inside radius and 48 feet outside radius and a vertical clearance of 14 feet. D. Rim elevations of manholes located within access roads shall be equal to the elevation of the surface of the access road. E. Hammerhead or intermediate turn-around spaces shall be constructed at the end of all access roads exceeding 150 feet in length and at intermediate locations as determined by Development Services. F. Easements will be required for all maintenance roads and turn-around spaces. Page 11 Page 174 Item#9. q 14'{MINIMUM I 10'MINIMUM CRUBHEID eld' 0 ROADEASE WATER fs MAIN SANITARY COMPACTED SEWER SJBCRADE MAIN NOTE ALL GRAVELED ROADWkvS SHA_L BE CENTERED OVER—HE UTILITI=S. 'tVI5�Q 2013 GrrYSt)PGPLEI�NTAL RAVEL ROAD F MERIDIAN STANDARD DRAWING NO. SPECIFICATIONS roTHE 17.+AHO wOSrua,,hnsRnF1 STANDARD DETAIL PUN-r-YYUMS CQr4rTRUCT1CH Note: These would be the minimum Design Standards,but an applicant can pave the roadway if they want. Page 12 Page 175 Item#9. 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. The annexation area is non-buildable and shall only be used as a City of Meridian sewer line easement, Suez water line easement, emergency vehicle access road and access road for the City of Meridian and Suez Idaho Operations for maintenance of their facilities within their easements. b. Signage shall be provided at each end of the access road stating that public access is prohibited beyond the gated area. c. Compliance with the Public Works' 2019 Design Standards for Access Roads (2-16 Access Roads) is required as set forth in Section VIII.C. Further,rim elevations of manholes located within the access road shall be equal to the elevations of the surface of the access road and finished in accordance with current Idaho Standards for Public Works Construction(ISP)YC� and City Supplemental Specifications. Construction of the road shall be completed within sixty (60)dqys of qpproval of the Annexation Ordinance. d. A 14-foot wide compacted gravel access roadway meeting Meridian City standards shall be constructed over the existings anitga sewer mainlines that currently traverse through the subject property. e. This project will be required to provide a 20' wide swing or rolling emergency access gate at each end of the access road as set forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a Knoxbox padlock which has to be ordered via the website www.knoxbox.com. All gates at the entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away from the roadway,unless other provisions are made for safe personnel operations as set forth in National Fire Protection Association 1141, Section 5.3.16 -2017 edition. Prior to Annexation Ordinance approval, the Applicant shall submit a Performance surety, including bids for materials and work to be Performed, to the City to ensure the access road is completed to Public Works'standards. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Sanitary sewer mainlines currently traverse through the subject parcel. 14-foot wide compacted gravel access roadways shall be required above those mainlines per Meridian City Standards. Included as a DA provision above in Section IX.A.Id. C. FIRE DEPARTMENT Access: This project will be required to provide a 20' wide swing or rolling emergency access gate as set forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a Knoxbox Page 13 Page 176 Item#9. padlock which has to be ordered via the website www.knoxbox.com. All gates at the entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away from the roadway, unless other provisions are made for safe personnel operations as set forth in National Fire Protection Association 1141, Section 5.3.16-2017 edition.Included as a DA provision above in Section IX.A.If. D. POLICE DEPARTMENT No comments were received. E. PARK'S DEPARTMENT No comments were received. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=213875&dbid=0&repo=MeridianCiU G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=193806&dbid=0&r0o=Meridian City H. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=214594&dbid=0&repo=Meridianciu 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 is proposing to annex the subject 0.60 acre property with R-4 zoning consistent with the proposed LDR FLUM 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 to R-4 for the existing sewer easement and proposed emergency access road generally complies with the regulations outlines for the R-4 district and purpose statement of the residential 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 and the emergency access road will enhance public safety in this area. Page 14 Page 177 Item#9. 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 and will actually enhance emergency access in this area. 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 178 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City Utilities Reimbursement Agreement Between City of Meridian and Meridian CenterCal, LLC for Meridian Town Center Phase 3 Eagle Road Water Main Improvements Page 179 Item#10. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Ted Baird, Legal Department Meeting Date: February 9, 2021 Presenter: n/a Estimated Time: n/a Topic: City Utilities Reimbursement Agreement Between City of Meridian and Meridian CenterCal, LLC for Meridian Town Center Phase 3 Eagle Road Water Main Improvements Recommended Council Action: Approve the City Utilities Reimbursement Agreement Between City of Meridian and Meridian CenterCal, LLC for Meridian Town Center Phase 3 Eagle Road Water Main Improvements Background: For water main improvements required as part of Meridian Town Center (Village) Phase 3 Eagle Road Improvements. This agreement replaces and supersedes the previous version approved by City Council on December 22, 2020. Reason for change: ITD has been removed as a party to the agreement. CenterCal signature is being obtained and the signed document will be substituted before the City Council meeting. Page 180 Item#10. Reimbursement CITY UTILITIES REIMBURSEMENT AGREEMENT Meridian Town Center Phase 3 This CITY UTILITIES REIMBURSEMENT AGREEMENT("Agreement")is made and entered into this 9th day of February 2021 ("Effective Date"), by and among the CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("City") and Meridian CenterCal, L.L.C., a Delaware limited liability company, or its assigns ("Developer"). City and Developer may be referred to in this Agreement individually as a"Party"or collectively as the"Parties"as warranted under the circumstances. RECITALS A. Developer is developing a retail complex facility at the intersection of Eagle Road and East Fairview Avenue in Meridian, Idaho. B. Developer entered into that certain Sales Tax Anticipation Revenue Reimbursement Agreement with the Idaho Transportation Department ("ITD") and the Ada County Highway District ("ACHD") dated effective September 23', 2011, as amended ("STAR Agreement") in connection with Developer's retail complex facility. C. Pursuant to the STAR Agreement, Developer is planning to construct certain improvements to Eagle Road,an ITD facility,known as the"Phase 3"improvements,as generally described and set forth in the STAR Agreement(the"Phase 3 Eagle Road Improvements"). D. City has identified certain Utility Improvements (defined below), located within ITD's right-of-way, that City desires to be carried out concurrently with the Phase 3 Eagle Road Improvements being carried out by Developer. F. The Parties desire to enter into this Agreement to reimburse Developer for costs incurred by Developer in connection with the installation of the Utility Improvements on the terms and conditions set forth in this Agreement. AGREEMENT NOW THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by the Parties and the recitals set forth above, which are hereby acknowledged by the Parties as true and correct and incorporated herein,the Parties hereby agree as follows: 1. Water Main Improvements. a) City desires to complete the abandonment and relocation of certain water main infrastructure utilities as further described in Exhibit A, attached hereto and incorporated herein (the "Utility Improvements"), and requests that the Utility Improvements be considered for inclusion by the Developer in the Phase 3 Eagle Road Improvements project. City will design and engineer the Utility Improvements and provide Developer with final drawings and specifications for the construction of the Utility Improvements(the"Construction Documents")on or before March 1, 2021. If City timely delivers the Construction Documents, Developer agrees to include the construction of the Utility Improvements, in accordance with the Construction Documents, in the CITY UTILITIES REIMBURSEMENT AGREEMENT—Meridian CenterCal Page 1 of page 181 Item#10. bid package for the Phase 3 Eagle Road Improvements being issued by Developer pursuant to the STAR Agreement and subject to the terms and conditions set forth in this Agreement. b) The Parties acknowledge and agree that Developer's obligation to bid the Utility Improvements and construct the Utility Improvements,as set forth in this Agreement,is expressly conditioned on: (i) ITD's written approval of the Utility Improvements and Construction Documents; and (ii) Developer moving forward with and constructing the Phase 3 Eagle Road Improvements. c) City's current estimated cost for the Utility Improvements is Eight Hundred Fifteen Thousand Five Hundred Dollars ($815,500.00); however, the Parties acknowledge and agree this is only an estimate and the actual cost of the Utility Improvements may be greater or less than City's estimate. d) Promptly after the bidding of the Phase 3 Eagle Road Improvements pursuant to the STAR Agreement, Developer shall furnish City with: (i) an abstract of all bids received for the Utility Improvements;(ii)the City's portion of the bid that Developer proposes for inclusion of the Utility Improvements into the construction contract for the Phase 3 Eagle Road Improvements (the "Utility Bid"); and(iii)the date that City must respond to Developer,which date must not be less than five (5)business days after City's receipt of the bid abstract and Utility Bid(the "Response Deadline").City agrees to promptly review the information provided by Developer,and Developer agrees to reasonably consult with City regarding the Utility Bid. e) On or before the Response Deadline, City will provided Developer with a written notice stating that: (i) City approves the Utility Bid ("Approval Notice") or(ii) City does not approve the Bid ("Disapproval Notice"). If City timely delivers an Approval Notice, then Developer agrees to accept the Utility Bid and include the same in the award of the construction contract for the Phase 3 Eagle Road Improvements. If City timely delivers a Disapproval Notice,then this Agreement will terminate and no Party will have any further obligations hereunder. City agrees that the City's failure to deliver a Disapproval Notice to Developer prior to the Response Deadline for any reason will constitute City's delivery of an Approval Notice as of the Response Deadline. f) City acknowledges that changes may be necessary for the proper and complete construction of the Utility Improvements, including, but not limited to, changes made necessary by site conditions and/or errors and omissions in the Contract Documents. City agrees to promptly respond to any request by Developer for a change order related to the Utility Improvements, and City agrees to respond by any deadline identified in the change order request (which deadline must not be less than five (5) business days after City's receipt of the request, absent urgent circumstances). City agrees that it will not unreasonably withhold its approval of any change order request. Change orders deemed reasonable would be: changes directed by the City of Meridian in writing, changes reasonably required by unforeseen site conditions, changes reasonably required by errors or omissions in the Contract Documents, and changes reasonably required by force majeure events. Additionally,prices of change order must represent market value for work to be performed(given the circumstances). If City does not timely approve any change order request, City will cooperate with Developer to promptly resolve City's concerns.Developer will not be under any obligation to incur any expense related to the Utility Improvements unless City first agrees to reimburse Developer for the expense. g) Upon substantial completion of the Utility Improvements, Developer will invoice City for the amount of the Utility Bid and the amount of any change orders approved by City (or that should have been approved by the City under this Agreement). City will pay the invoice in full within thirty(30) days of City's receipt thereof. CITY UTILITIES REIMBURSEMENT AGREEMENT—Meridian CenterCal Page 2 of page 182 Item#10. h) Developer will assign all of the construction contractor's representations and warranties with respect to the Utility Improvements to City, and City agrees that City will look to the construction contractor, and not Developer, for enforcement of the representations and warranties. 2) General Terms. a) Reimbursement Funds. City represents and warrants that City has allocated and appropriated all funds necessary to fully reimburse the Developer for the Utility Improvements. b) Limited Effect of Agreement. The purpose of this Agreement is to set forth the terms for reimbursement to Developer for installing the Utility Improvements. This Agreement imposes obligations on City to reimburse Developer for Utility Improvements upon substantial completion of the improvements and invoice to City, as described herein. This Agreement does not alter the terms in the STAR Agreement or impose any new obligations or liabilities on Developer,regarding the design or installation of improvements or otherwise. This Agreement does not alter any City approvals related to Developer's projects. This Agreement does not alter Developer's right to include any unreimbursed "Project Costs" (as that term is defined in the STAR Agreement) that Developer incurs as a result of this Agreement in a sales tax rebate claim for reimbursement pursuant to the STAR Agreement. This Agreement does not provide any new rights or remedies to City. The Parties acknowledge and agree that the Utility Improvements are included within the "approved transportation improvements"described in the STAR Agreement. c) Entire Agreement.This Agreement sets forth the entire understanding and agreement of the Parties with respect to the reimbursement contemplated herein. Other agreements referenced herein are unaffected by the terms in this Agreement. d) Severability. If any provision of this Agreement will be held or deemed to be or will, in fact, be inoperative or unenforceable as applied in any particular case in any-jurisdiction because it conflicts with any other provision or provisions or any constitution or statute or rule of public policy, or for any other reason,such circumstances will not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance,or of rendering any other provision or provisions herein contained invalid, inoperative or unenforceable to any extent whatever. e) Notices. Except as otherwise provided in this Agreement, all notices, certificates or other communications hereunder will be sufficiently given when in writing and either mailed by first class mail,postage prepaid,with proper address as indicated below or sent by electronic mail. Any Party may, by written notice, designate any address or addresses to which notices, certificates or other communications to it will be sent when required as contemplated by this Agreement. City City of Meridian Attn: City Attorney's Office 33 E. Broadway Ave. Meridian,Idaho 83642 Developer: Meridian CenterCal LLC Attn: Sean Dennison 1960 E. Grand Avenue, Suite 400 El Segunda, CA 90245 Givens Pursley LLP CITY UTILITIES REIMBURSEMENT AGREEMENT—Meridian CenterCal Page 3 of page 183 Item#10. Attn: Jeff Bower 601 W. Bannock Street Boise,ID 83702 Notice shall be deemed given upon actual receipt (or attempted delivery if delivery is refused), if personally delivered or rejected. f) Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which will be an original and all of which will constitute but one and the same instrument. g) Governing Law.This Agreement will be governed exclusively by and construed in accordance with the laws of the State of Idaho. h) Exhibits.All exhibits hereto are hereby incorporated by reference as if fully set forth herein. [end of text; signatures and exhibits follow] CITY UTILITIES REIMBURSEMENT AGREEMENT—Meridian CenterCal Page 4 of page 184 Item#10. IN WITNESS WHEREOF,the Parties have executed this Agreement, effective as of the Effective Date. CITY: CITY OF MERIDIAN, a municipal corporation of the State of Idaho By: Robert E. Simison Dated:2-9-2021 Its: Mayor DEVELOPER: Meridian CenterCal, L.L.C., a Delaware limited liability company e::�- ' - By: �r/'7 Z�r';' Z 3c'/7 Its: 1-5-0 a/ r/�F f! 1���7`� �Zm'wl CITY UTILITIES REIMBURSEMENT AGREEMENT—Meridian CenterCal Page 5 of page 185 Item#10. Exhibit A Utility Improvements The following modifications to the water main are between Franklin Road and Leslie Drive and constitute the Utility Improvements,which will be further detailed in the Construction Documents: • Starting just south of E. Lanark Drive to south of the Boise Valley Railroad right-of-way the water main will be relocated/replaced. • The existing water main will be left in place across the Boise Valley Railroad right-of-way. • The water main will be relocated from just north of the Boise Valley Railroad right-of-way to East Commercial Court. • At East Commercial Court a new crossing will be installed across Eagle Road using an existing pipe as a sleeve. • The water main will be abandoned from East Commercial Court to approximately 125 feet south of Leslie Drive • At Pine Avenue a new crossing will be installed across Eagle Road using an existing pipe as a sleeve. Some pipe modifications are required along Pine Avenue. • At East Florence Street a new crossing will be installed across Eagle Road using an existing pipe as a sleeve. • At just south of Fairview Avenue a new crossing will be installed across Eagle Road using an existing pipe as a sleeve. • The water main will be relocated along Eagle Road from approximately 165 feet south of Leslie Drive to Leslie Drive. Additionally, a water main will be routed through the Stokesberry Subdivision(NW corner of River Valley Street and Eagle Road)to an existing water main in the Stokesberry Subdivision parking lot. CITY UTILITIES REIMBURSEMENT AGREEMENT—Meridian CenterCal Page 6 of page 186 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Memorandum of Agreement with Meridian Development Corporation for Contribution to Concerts on Broadway 2021 Page 187 Item#11. MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO 2020 CONCERTS ON BROADWAY This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO CONCERTS ON BROADWAY ("Agreement") is made this 1 st of October, 2020 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"). WHEREAS, City and MDC desire that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts; WHEREAS, in the summer of 2021, the Meridian Arts Commission will present Concerts on Broadway, a series of live, outdoor performances to be held in the Meridian City Hall plaza; and WHEREAS,MDC is willing to contribute to City ten thousand dollars ($10,000.00)toward expenses related to the presentation of the Concerts on Broadway series; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. CITY'S RESPONSIBILITIES. A. Concert production. Between May 1, 2021 and September 30, 2021, City agrees to present at least three (3) free outdoor concerts at Meridian City Hall plaza as part of the 2020 Concerts on Broadway series. Such concerts will include live musical performance, and may include an opening act, food vendor(s), amplified sound, and limited chair seating. The selection of staff and/or vendors for Concerts on Broadway shall be made by City. B. Publicity. City shall publicize the 2021 Concerts on Broadway series,which publicity may include distribution of information via written and broadcast media, social and online media, e-mail, posters, and a banner displayed at Meridian City Hall. Decisions regarding the time, place, and manner of such publicity shall be made by City. C. Acknowledgment of sponsorship. Though the amount contributed by MDC would typically allow MDC to be acknowledged as a title sponsor of the 2021 Concerts on Broadway series, MDC's desire is to be acknowledged as a Tier 1 sponsor(or like designation). As such, MDC shall be entitled to recognition as "sponsored by," and have the MDC logo printed on all event marketing materials where sponsors' logos are printed. D. Invoice MDC. City shall provide one (1) invoice to MDC by May 1, 2021, in the amount of ten thousand dollars ($10,000.00), and City shall use such amount for the payment of expenses related to the production of Concerts on Broadway. MEMORANDUM OF AGREEMENT FOR MDC's CONCERTS ON BROADWAY CONTRIBUTION PAGE 1 OF 3 Page 188 Item#11. II. MDC's RESPONSIBILITIES. A. Reimbursement. Within thirty(30) days of receipt of City's invoice, MDC shall provide payment to City in the amount of ten thousand dollars ($10,000.00). B. Logo. MDC shall provide City with a copy of its logo, in digital format, for use on marketing materials as described herein. C. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDC's obligations under this Agreement to provide payment to City as described herein shall be subject to and dependent upon appropriations being made by the MDC governing board for such purpose. The officer or administrator charged with the responsibility of preparing MDC's Fiscal Year 2021 budget shall include in the proposed budget the amount noted herein, which will be duly considered by the Board along with the other proposed expenditures for Fiscal Year 2021. III.GENERAL TERMS. A. Term. This Agreement begins October 1, 2020 and shall remain in effect through September 30, 2021. B. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian MDC: Meridian Development Corporation Arts & Culture Coordinator Ashley Squyres, Administrator 33 E. Broadway Avenue 104 E. Fairview Avenue#239 Meridian ID 83642 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. D. Termination. Either party may terminate this Agreement in whole, or in part, due to convenience, nonappropriation, or when either or both parties agree that the continuation of this Agreement is not in the parties' best interest,by providing thirty (30) days written notice. If MDC is the terminating party, City shall be entitled to receive reimbursement for payments made for services properly performed by City to the date of termination. If City is the terminating party, MDC shall be entitled to reimbursement for a pro-rata share of MDC's contribution for any concerts that have not been presented at the time of termination, i.e., $3,333.33 per concert. If the City decides to cancel all or a portion of the concerts due to concerns related to COVID-19 or other health risks, then MDC shall be entitled to reimbursement in the amount of$3,333.33 per concert cancelled. City's decision to cancel MEMORANDUM OF AGREEMENT FOR MDC's CONCERTS ON BROADWAY CONTRIBUTION PAGE 2 OF 3 Page 189 Item#11. 1 ur m-%chedulc a ctn ved die to inclement weather ut other unforewen event on OW day of such %checluled concert shall rml constilutc termination tie brawh,and MIX xholl n(4 he entiticJ its pn)-rasa;w other rrimburtement in tech circutttstancc I . ludemnlliration, lu the fullc%t extent permitted by law and by Ariiklt VI11,Scctitin 4 of the Idaho l onmitutton.City Agrees to irxlemnil'y,defend.and htild harrnle" MDC and its officcrs,agents,consultants. and cmployeea from and against any and all liahifity.claims, losses,actions,or judgments.casts and fees, including any colts and attorney'ts fees incurred tltcmin. for damages, losses,or injury to entities. penons or property for any act, err„r.or ornission arising out of or in any way connected with the activities and programs dc%crihed herein and/or the activities of City and its officers,employees.contractors,or agents related to or connected with this Agreement. F. Severabillty. If any part of this Agreement is held to be invalid or unenforceable.such holding will not afrect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions,and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District,Ada County,State of Idaho. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. MERIDIAN DEVELOPMENT CORPORATION: Attest: ave Winder,C airman e • , ry gJ�l�.v► WtUt.�l� � ;c.t.. LU1#1;1V"n CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 2-9-2021 Chris Johnson,City Clerk 2-9-2021 MEMORANDUM OF AGREEMENT FOR MDC's CONCERTS ON BROADWAY CONTRIBUTION PAGE 3 of 3 Page 190 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Memorandum of Agreement with Meridian Development Corporation for Contribution to Traffic Box Community Art Project 2021 Page 191 Item#12. MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO TRAFFIC BOX COMMUNITY ART PROJECT This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement") is made this 1 st day of October, 2020 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"). WHEREAS, City and MDC desire that public art will be a component of the Meridian community and to that end, City has undertaken the Traffic Box Community Art Project ("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District("ACHD"), as a benefit to the public; WHEREAS,the Meridian Arts Commission intends to work with artists, ACHD, and MDC to install traffic box Project wraps in fiscal year 2020-21; and WHEREAS,MDC is willing to contribute to City up to four thousand dollars ($4,000.00) toward expenses related to the Project; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. CITY'S RESPONSIBILITIES. A. Project wrap installation. Between May 1, 2021 and September 30, 2021, City agrees to invest MDC's contribution in the installation of art wraps on Meridian Road and Main Street between Fairview and Franklin Roads. The parties intend these funds to be used on Project boxes within MDC's downtown urban renewal district boundaries. The specific locations must be approved in writing by the MDC Administrator. B. Selection of artists, traffic boxes. City shall include MDC in the process of selecting artists and/or artwork for transfer onto the Project boxes that are the subject of this Agreement. City shall include MDC in the process of selecting the traffic boxes for the Project wraps. All Project boxes considered and selected must be located within the Meridian Urban Renewal Area. Regarding decisions related to selection of artists, artwork, or specific installation locations, City shall duly consider MDC input and shall make a reasonable effort to come to consensus; however, City shall be responsible for the final decision regarding selection of artists, artwork, or specific installation locations. C. Acknowledgment of sponsorship. If City decides to acknowledge sponsors of wraps installed as part of Project, City shall acknowledge MDC on the Project wraps that are the subject of this Agreement. D. Invoice MDC. City shall remit to MDC an invoice for each Project box, with receipts for 2021 MOA MDC AND CITY FOR TRAFFIC Box COMMUNITY ART PROJECT CONTRIBUTION PAGE 1 OF 3 Page 192 Item#12. payments rendered to vendor(s) for the Project wraps that are the subject of this Agreement, and shall request reimbursement from MDC to City for such payments, in a total amount not to exceed four thousand dollars ($4,000.00). II. MDC's RESPONSIBILITIES. A. Reimbursement. Within thirty(30) days of receipt of each of City's invoices, MDC shall provide payment to City in the amount of each invoice, with the total amount sought for reimbursement not to exceed four thousand dollars ($4,000.00). B. Logo. MDC shall provide City with a copy of its logo, in digital format, for use on sponsorship acknowledgment, if any, on the Project wraps that are the subject of this Agreement. C. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDC's obligations under this Agreement to provide payment to City as described herein shall be subject to and dependent upon appropriations being made by the MDC governing board for such purpose. III.GENERAL TERMS. A. Term. This Agreement begins October 1, 2020 and shall remain in effect through September 30, 2021. B. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian MDC: Meridian Development Corporation City Attorney's Office Ashley Squyres,Administrator 33 E. Broadway Avenue 104 East Fairview Avenue#239 Meridian ID 83642 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. D. Termination. Either party may terminate this Agreement in whole, or in part, due to convenience, nonappropriation, or when either or both parties agree that the continuation of the project is not in the parties' best interest, by providing thirty (30) days written notice. If MDC is the terminating party, City shall be entitled to receive reimbursement for payments made for services properly performed by City to the date of termination. 2021 MOA MDC AND CITY FOR TRAFFIC BOX COMMUNITY ART PROJECT CONTRIBUTION PAGE 2 OF 3 Page 193 Item#12. I . Indenrnifrcalion, 1 o 11w tell,:�,t extent permitted by law and by Article Vill, section 4 of the Idaho Constituti,m. t it*N agrees to indemnify,defend,and hold harmless MDC and its officers,agents,consultant-,, and employees from and,against any and all liability,claims. losses,actions,orjudvments,costs and fees. including,any costs and attorneys fees incurred therein, liar damages, losses,or injury to entities,persons or property lur any act,error.or omis,,itm arising out of or in any way connected with the activities and programs described herein and/or the activities of City and its officers,employees.contractors,or agents related to or connected «ith this Agreement. F. Severability. If any part of this Agreement is held to be invalid or unenforceable,such holding will not affect the validity or enforceability ofany other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion."The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District,Ada County,State of Idaho. IN WITNESS WHEREOF,the parties hereto have executed this Agreement to effective on the date first noted above. f VIER I �NDEVELOP ORATION: Attest: Dave Winder Chairman rmn-N %'t���t�1 1�U1t�cll�r Ut`c� Ck►;r CITY OF MERIDIAN: ,fittest: I Robert E. Simison, Mayor 2-9-2021 Chris Johnson,City Clerk 2-9-2021 1 I i t 1 l i t t 202IMOA.MDC':wuCtry'toprk-%iftcBo\Cur,-Nit%MARIPaO&C-1CosnRtatriiON P,AGE..3or3 4 4 st Page 194 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County Page 195 AGREEMENT NO. 1 Z-1 3 S - 2-2-1 State me nt of Purpos a for Ame ndme nts to: RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY Purpose of Proposed Amendments to the Agreement: 1. To provide for consistent use of the acronym "ACCESS" and/or "System" to refer to the Ada County-City EMS System and clarify that all parties, except Kuna Rural Fire District, are licensed as a single EMS entity with various levels of EMS licenses issued by the state of Idaho. 2. To remove the power of the Joint Powers Board to provide recommendations to a parry's governing body regarding that party's licensure level within the System 3. To clarify the joint responsibilities between the parties for the System budget, recognizing both the use of the ACEMS District property tax levy and the contributions of all parties, with a goal of shared resources and efficiencies. 4. To remove references to the use of property tax funds levied by the ACEMS District commencing in the fourth renewal year of the JPA. 5. To provide that Kuna agrees to maintain its own state-issued license. 6. To provide that the ACEMS, District will purchase all necessary disposable medical supplies for agencies operating under the System license. 7. To establish that the System Medical Directorate consists of a minimum of two (2) Medical Directors, to be provided through party contributions made part of the System budget. If there are any questions concerning the proposed Amendments, please contact Stacy Winn, at ACEMS at swinn,cuadacount0d.gov Item#13. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY Establishing the Ada County-City EMS System("ACCESS") This Restatedand Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County (the "Agreement") is entered into by and between Ada County, the Ada County Emergency Medical Services District, the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fire District, and Star Joint Fire Protection District, and is effective as of the last date of execution of this Agreement. RECITALS; PURPOSES; AUTHORITY Purpose.The Purpose of this Agreement is to establish the Ada County-City EMS System (the "System") and Joint Powers Board appointed by the respective Parties authorized to operate and manage the joint, coordinated, and unified provision and maintenance of pre-hospital, emergency and non-emergency medical services, including medical transport, rescue, and extrication services, within all county, city, emergency medical services district, and fire district jurisdictions within the System Area in order to provide certainty, consistency and economy in the management and delivery of EMS services. 1. Sections 67-2326 through 67-2333, Idaho Code, provide that public agencies may enter into agreements with one another for joint or cooperative action which includes, but is not limited to, joint use, ownership, and/or operation agreements and interagency contracts for service, activity or undertakings. This Agreement is, and shall be construed as, a joint powers agreement enacted pursuant to Sections 67-2326 through 67-2333, Idaho Code. 2. Fire Districts have authority under Sections 31-1430 and 31-1417, Idaho Code, to enter into intra-agency and mutual aid agreements. 3. The Ada County Board of Commissioners, in its capacity as the governing board of the Ada County Emergency Medical Services District ("ACEMS District") pursuant to Chapter 39, Title 31, Idaho Code, provides emergency medical services in Ada County. All Parties to this Agreement, with the exception of Kuna Rural Fire District (hereinafter"Kuna"), are licensed as a single EMS entity with various levels of EMS licenses issued by the state of Idaho, known as "Ada County-City EMS System" ("ACCESS"). 4. All Parties to this Agreement, with the exception of Kuna shall be responsible for maintaining the ACCESS license, to the extent it remains in the Parties'best interest to do so. 5. The governing boards of the Parties have determined that it is in the best interests of each Party and their taxpayers and for the persons residing and found within their respective boundaries, to create the System. Now, for and in consideration of the mutual covenants and promises herein set forth, and for other good and valuable consideration hereby acknowledged by the Parties to this Agreement as having been received, the Parties hereby mutually promise, RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 1 Page 196 Item#13. covenant and agree as follows: AGREEMENT ARTICLE I DEFINITIONS When used herein, the following words shall have the attendant meaning: 1.1 "ACEMS District" means the Ada County Emergency Medical Services District, a Party to this Agreement. 1.2 "Ada County-City EMS System" means the Ada County-City EMS System as herein created and may sometimes be referred to as the "System" or"ACCESS." 1.3 "Ambulance" means any privately or publicly owned motor vehicle or nautical vessel, authorized to provide service in the System, used for, or intended to be used for, the transportation of sick or injured persons who may need medical attention during transport. This may include dual or multipurpose vehicles. 1.4 "Ambulance Service" means an agency, licensed to operate within the System, with the intent to provide personnel and equipment for medical treatment at an emergency scene, during transportation or during transfer of persons experiencing physiological or psychological illness or injury who may need medical attention during transport. 1.5 "Default" means any violation, failure to perform, or breach of any covenant, agreement, term or condition of this Agreement. 1.6 "Emergency Medical Services" or "EMS" means the system utilized in responding to a perceived individual need for immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. 1.7 "Joint Powers Board" means the System Joint Powers Board, (`Board"), formed pursuant to this Agreement, which is authorized to administer this Agreement on behalf of the Parties. 1.8 "Parties" means Ada County, the cities and districts that have executed this Agreement. 1.9.1 "Inclusive Area Party Agencies"means Public Agencies that are Parties to this Agreement whose boundaries include area only within Ada County, state of Idaho. 1.9.2 ` Ton-Inclusive Area Parry Agencies" means Public Agencies that are Parties to this Agreement whose boundaries include area within Ada County and within Canyon County, or any other neighboring county to Ada County, state of Idaho. 1.10 ` Ton-transport Service" means an agency with associated apparatus and personnel RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 2 Page 197 Item#13. licensed to operate within the System, operated with the intent to provide personnel or equipment for medical stabilization at an emergency scene, but not intended to be the service that will actually transport sick or injured persons. 1.11 "Public Agency" means any city or political subdivision of this state, including, but not limited to emergency medical service districts; fire districts; cities; and any other government subdivision of the state of Idaho, including any agency of the state of Idaho holding a current EMS license and providing EMS within or contiguous to the boundaries of Ada County. 1.12 "System Area"means all the geographic area within the boundaries of the"Inclusive Area Parry Agencies"and those designated areas for inclusion within the System which are also within the boundaries of the "Non-Inclusive Area Party Agencies." 1.13.1 The "System Area"may be modified, upon consent of all Parties, to include area within an adjoining county; 1.13.2 The "System Area" may be modified, upon consent of all Parties, to exclude area within Ada County upon the condition the area excluded will then be subject to a like "System" in an adjoining County. 1.14 "Fiscal Year"means the period of time commencing October 1 and ending on September 30 of the following year. ARTICLE II THE ADA COUNTY-CITY EMS SYSTEM (SYSTEM) 2.1 Establishment of the System. There is hereby established the ACCESS System. The System shall be created for the express purpose of providing for joint management, provision, operation, and maintenance of pre-hospital emergency and non-emergency medical services, including medical transport, rescue, and extrication services, within the System Area. The System shall exist as a joint exercise of the authority to provide EMS services by all the Parties to this Agreement, and shall be administered by a Joint Powers Board as provided in Article IV of this Agreement. The System, through the Joint Powers Board, Administrative Committee, and the Medical Directorate, shall establish standards and provide for the coordinated management, provision and maintenance of pre-hospital, emergency, and non-emergency medical services, including medical transport, rescue, and extrication services, within the System Area. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 3 Page 198 Item#13. 2.2 Scope of Services and Operation. The System shall coordinate the management, provision, operation and maintenance of pre-hospital, emergency, and non-emergency medical services, including medical transport, rescue, and extrication services within the System Area. The Parties shall respond to 9-1-1 and other calls necessitating the services of the System within the System Area. By this Agreement, the Parties agree to cooperatively exercise their respective powers within the System Area in a manner consistent with this Agreement. ARTICLE III PARTIES, DURATION,AMENDMENT,WITHDRAWAL AND TERMINATION 3.1 Parties to this Agreement. The Parties to this Agreement are Ada County, the Ada County Emergency Medical Services District, the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fire District, and Star Joint Fire Protection District. The City of Boise represents the interests of North Ada County Fire and Rescue, which withdrew as a Parry, effective March 5, 2018, pursuant to Article 3.4.1. For all purposes under this Agreement, the City of Boise and North Ada County Fire and Rescue constitute one (1) Party. Each Parry intends to and does by this Agreement contract with each other Party and any other Agencies as may later be added. Additional Parties may be added by resolution of the Board and amendment of this Agreement. Each Parry agrees that the removal of any Party from this Agreement does not affect this Agreement with respect to eachremaining Parry. 3.2 Duration/Annual Renewal. This Agreement shall continue in force and effect from its Execution Date through September 30, 2013. Thereafter this Agreement may be renewed for successive one(1) yearterms. Renewal terms shall be effective from October 1 through September 30 of each successive calendar year. A Party may renew this Agreement by providing written notice to all other Parties. 3.3 Amendment.This Agreement may be amended only in accordance with the provisions of Article XI. 3.4 Withdrawal. 3.4.1 No Party shall withdraw from this Agreement unless it demonstrates one or more of the following circumstances: 3.4.1.1 The withdrawing Parry is insolvent or otherwise financially unable to carry out its obligations under this Agreement; 3.4.1.2 A court has determined that it is unlawful for the Party to continue to perform under or be Party to this Agreement; 3.4.1.3 A material breach of any term of this Agreement has occurred; or RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 4 Page 199 Item#13. 3.4.1.4 Two or more Parties, after signing, consolidate services and wish to combine their representation under this Agreement as part of said consolidation. 3.4.2 Notice of withdrawal must be provided to the Parties no less than sixty (60) days before the effective date of withdrawal. However, a withdrawal shall not be effective if the condition or conditions giving rise to the withdrawal are cured to the reasonable satisfaction of the withdrawing Party within sixty (60) days after the date of notice of withdrawal is provided. 3.4.3 Withdrawing Party to Cease EMS Services In Service Area. EachParty agrees, as a special consideration to each other Party,that in the event they withdraw from this Agreement, either by voluntarily withdrawing or for cause by default, that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Department of Health and Welfare Bureau of EMS as that license authorizes EMS services in the System Area by that Party. In the event a withdrawing Party fails to cease to provide EMS services in the System Area,the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. 3.5 Complaints. The authority to investigate a complaint against a Party may be conducted by the Administrative Committee or by the Board, when involving cause for termination. Member/s of the Party or Parties who are the subject of the complaint cannot vote on motions to proceed with the investigation or matters related to the conduct or financing of the investigation. Each Party shall cooperate with any investigation of complaints regarding performance of services governed under this Agreement. 3.5.1 Complaints involving personnel of a Party are to be treated as described in Section 8.5.3 of this Agreement. 3.6 Party Termination. 3.6.1 For Cause.A Party maybe terminated from this Agreement by action of the Board for cause in the event they are in default of this Agreement. Prior to termination of a Party the Board shall conduct a hearing to determine if there is a default of this Agreement that has not been cured by the defaulting Party. The following procedures shall be met: 3.6.1.1 The Board shall provide to the defaulting Party fourteen (14) days written notice of a hearing to show cause. 3.6.1.2 The notice shall specify the reasons for the default and the intention to terminate the Party as a Party to this Agreement. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 5 Page 200 Item#13. 3.6.1.3 In the event the default is cured within the fourteen(14) days and before the commencement of the scheduled hearing before the Board, the Board shall so note on the record of the proceedings and the hearing shall then be concluded. 3.6.1.4 In the event the default is not cured, the Board shall, upon conclusion of their deliberation, issue findings of fact and conclusions of law and order of decision within thirty (30) days of the date of the hearing. 3.6.1.5 A Board member representing a Party that the Board is considering terminating shall recuse himself/herself from voting on the termination and all proceedings involved in the matter of termination. 3.6.2 Effect of Termination. The termination or withdrawal of any Party pursuant to this subsection shall not constitute a termination of the entire Agreement, and the remaining Parties shall continue to perform under this Agreement for the remainder of the contract term. 3.6.3 Terminated Party to Cease EMS Services In Service Area. Each Party agrees, as a special consideration to each other Party,that in the event they are terminate d from this Agreement, either by voluntarily withdrawing or for cause by default, that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Idaho Department of Health and Welfare EMS Bureau as that license authorizes the provision of EMS services in the System Area by that Party. In the event a terminated Party fails to cease to provide EMS services in the System Area, the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. ARTICLE IV ADMINISTRATION OF THE ADA COUNTY-CITY EMS SYSTEM JOINT POWERS BOARD 4.1 Establishment of the Joint Powers Board;Membership; Officers. 4.1.1 Establishment of the Board. There is hereby established the Joint Powers Board of the System. The Joint Powers Board shall serve as the governing board of the System and operate the System on behalf of the Parties. 4.1.2 Joint Powers Board Membership.The System shall be governed by the Board whose membership shall consist of one (1) elected official representing each Party, and a total of two (2) elected officials of the ACEMS District/Ada County Board of Commissioners. 4.1.2.1 Each Party shall also designate an alternate elected official to serve in the absence of their designated Board member. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 6 Page 201 Item#13. 4.1.2.2 Each Parry's appointee shall be given the authority to vote on all matters before the Board with the exception of financial decisions requiring the appropriation and/or expenditure of funds by the Party. 4.13 Officers.Annually, during first meeting held in new Fiscal Year,the Joint Powers Board shall elect a chairman and a vice chairman whose primary responsibilities are as follows: 4.1.3.1 The Chairman shall be a member of the Board and shall conduct all meetings of the Board and execute all contracts and resolutions on behalf of and as authorized by the Board and any other duties assigned by the Board; and 4.1.3.2 The Vice Chairman shall be a member of the Board and shall carry out the functions of the Chairman in the absence of the Chairman and, through his/her delegate, as needed, be responsible for posting agenda notices and preparation of minutes of the Board and for maintaining the records of the Board and any other duties assigned by the Board; and 4.1.3.3 These officers shall have no powers or duties except as provided in this Agreement. 4.2 Powers,Duties and Operations of the Joint Powers Board. 4.2.1 Powers. Pursuant to Section 67-2328, Idaho Code, the Board is responsible to operate and manage the System. In order to accomplish the Purpose of this Agreement,the Joint Powers Board shall have, in addition to other powers provided herein, the authority to adopt procedures for its operation as well as to adopt standards for the coordinated management, provision, operation and maintenance of pre-hospital, emergency, and non-emergency medical services, including medical transport, rescue, and extrication services, within the System Area. The Board shall have discretionary powers to manage and conduct the business and affairs of the System. However, the governing board of a Party shall approve any action that will financially obligate that Party. The discretionary powers shall include, but not be limited to, the following: 4.2.1.1 Receive recommendations from the Administrative Committee and the Medical Directorate; 4.2.1.2 Approve procedures for the operation, meeting, and other administrative matters of the Board and the System; 4.2.1.3 Approve the Standard Operating Procedures for the System. However, any standards approved regarding qualifications for holding a position RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 7 Page 202 Item#13. shall provide an exemption for any personnel of any Party who at the effective date of this Agreement holds such a position unless contrary to law; 4.2.1.4 Adopt medical protocols and other matters related to the Medical Directorate; 4.2.1.5 Approve response standards, including policies regarding dispatch responses; 4.2.1.6 Recommend for approval, as set forth in section 4.4 of this Agreement, a budget and financial plan as well as subsequent funding, including joint purchasing of property; 4.2.1.7 Approve the allocation of resources, including stationing of personnel and vehicles; 4.2.1.8 Adopt a training and education plan for licensed personnel; 4.2.1.9 Approve the deployment plan of EMS equipment; 4.2.1.10 Recommend that the Board acquire, hold, and dispose of real and personal property jointly owned by and used in the System; 4.2.1.11 Deal with other matters necessary and convenient in furtherance of the Purpose of this Agreement; 4.2.1.12 Identify matters that require approval of the Parties' governing boards; 4.2.1.13 Comply with the Idaho Open Meetings laws; 4.2.1.14 Operate on a fiscal year from October I through September 30; and 4.2.1.15 Adopt, administer and implement EMS standards, protocols and procedures. If EMS standards, protocols and procedures adopted by the Board impose higher standards than are required by any state statute or rule the standards and procedures adopted by the Board shall apply to the Parties to the extent allowed by law in the System Area. 4.2.2 As required by law, the Board shall report to the Idaho Department of Health and Welfare EMS Bureau any findings of Agency violation of state EMS laws or rules which occurred within the System Area. 4.2.3 Resolutions and Board procedures shall be compiled and organized according to subject and maintained by the Joint Powers Board, which shall provide each Party with a copy of all resolutions and procedures. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 8 Page 2os Item#13. 4.2.4 The approval of the governing board of each Party is required for any matter approved by the Joint Powers Board that includes financial contribution by a Parry, including the purchase of real property and personal property. 4.3 Meetings,decisions, and communication. The Board shall adopt rules of procedure for the conduct of their meetings that are consistent with the provisions of this Agreement. 4.3.1 The Board shall meet regularly to confer and carry out the business of the Board and the System in the following manner: 4.3.1.1 For all meetings of the Board fifty percent(50%) of the members of the full Board shall constitute a quorum for the purposes of conducting business. 4.3.1.2 All motions, resolutions, and actions of approval on any matter by the Board require a unanimous vote of the Board members present. 4.3.1.1.1 In regard to matters before the Board that only involve a combined licensure as provided in Article V of this Agreement, only the Board members of Parties that have combined their licenses may vote. 4.3.1.3 The Board must provide at least fourteen (14) days advance written notice to all Parties when considering all matters requiring a vote of the Board members. 4.3.1.4 Only Board members, or their alternates, shall have voting privileges. 4.3.1.5 In the event a Party's Board member or designated alternate fails to attend three (3) consecutive meetings or fails to attend more than one- half of the meetings of the Board within a Fiscal Year,notice of absence shall be sent to the offending Party which notice shall be withdrawn if the offending Parry's Board member appears at the next regularly scheduled meeting and shows good cause for the absences and presents a commitment to regular attendance in the future. In the event the offending Party does not appear and show good cause then the same shall constitute a material breach of the terms of this Agreement and the offending Party will be subject to termination provisions of Section 3.6 of this Agreement and the notice of absence shall stand as a notice of default. 4.3.2 The Board shall create a written annual report concerning the status of the System, at a date set in the procedures of the Board, but in no event not less than once per year. This report shall include all matters the Joint Powers Board determines to be relevant to the operation of the System, including the Budget (as described in 4.4), RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 9 Page 204 Item#13. and any matter that may be required by the State EMS Bureau or by state or federal law. 4.4 Finances.On or before March 1 of eachyear,the Board shall propose an ACCESS Budget (the "Budget") for approval by the ACEMS District Board. 4.4.1 The Budget shall include all vehicle license registration fees designated for and remitted to the ACEMS District for that fiscal year. The Parties are committed to a joint responsibility for the Budget, recognizing that property tax funds contributed for that fiscal year by the ACEMS District Board, pursuant to Chapter 39, Title 31, Idaho Code, comprise a significant portion of the Budget. However, the Budget shall include contribution payments to the System by all Parties to this Agreement, with a goal of shared resources and efficiencies. 4.4.2 The Budget shall identify anticipated expenditures for the System up to the amount included in the Budget in Section 4.4.1. Budget expenditures shall be developed in accordance with the statutory purposes for the vehicle license registration fees, designated for the provision of EMS services within the ACEMS District, and the property tax funds contributed for that fiscal year by the ACEMS District Board, pursuant to Chapter 39, Title 31, Idaho Code, as well as direction from the Board. 4.4.3 A division for the System shall be established within the ACEMS District Budget, which shall include income line items and expenditure line items as allocated by the ACEMS District Board. The income line items shall include, if applicable: (1) vehicle license registration fees as described in Section 4.4.1 above; (2) contribution payments from the Parties; and(3) tax funds being contributed by the ACEMS District for System expenditures as described in Section 4.4.1 above. The expenditure line items shall include, if applicable: (1) personnel expenses; (2) capital expenses; and(3) operating expenses. 4.4.4 If the Budget includes contribution payments by Parties other than the ACEMS District, then on or before March 1, the Board shall submit the Budget to each Parry's governing board for consideration of an appropriation of any contribution payment by that Party. 4.4.5 The Parties shall set their own budgets in a timely manner with consideration to the Budget as proposed by the Board. 4.4.6 If the Board fails to submit a Budget to the ACEMS District Board for approval, then the Parties shall set their own budgets. 4.4.7 Capital investments requiring additional expenditures will be funded through extra appropriations as proposed by the Board, subject to approval by each Parry's governing board. 4.5 Joint Purchasing. Pursuant to Section 67-2807, Idaho Code,the Board, subject to approval RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 10 Page 2os Item#13. of the Parties' governing boards as required by other provisions of this Agreement, may authorize joint purchasing of any real or personal property consistent with the laws of the state of Idaho. Prior to the Board approving any joint purchase, the Board shall identify by resolution the plan for distribution and/or ownership of property jointly owned by the Parties upon the withdrawal or termination of a Party. 4.6 Agreements with other Medical Service Providers. The Board may enter into agreements with medical service providers other than those that are Parties to this Agreement in order to provide for EMS services and/or to provide mutual aid to the System or any medical service provider. Such agreements may be with public or private agencies and may incorporate any of the terms and conditions contained herein and any other terms and conditions the Parties may deem appropriate. Such agreements shall not authorize a medical service provider to directly compete with any Party to this Agreement for the provision of EMS services, nor shall such agreement extend any voting rights to any Party to this Agreement for the provision of EMS service, nor shall such agreement extend any voting rights to the Party with whom the agreement is made. ARTICLE V LICENSURE 5.1 Licensure.The Parties, except Kuna, hereby agree to maintain a single combined state- issued EMS license, in accordance with 5.3 and 5.4 herein. Kuna agrees to maintain its state-issued license and operate in accordance with the laws of the state of Idaho and associated regulations of the Idaho Department of Health and Welfare. 5.2 Establishment ofthe Ada County-City EMS System. The Board shall,together with the Parties' governing boards, comply with Idaho Code §§ 53-501-510, "The Assumed Business Names Act of 1997" to conduct the business of the System under the name and style of Ada County-City EMS System. 5.3 Combined Licensure. Any of the Parties to this Agreement may agree to combine their state-issued EMS licenses and to operate under one EMS license as provided by the laws of the state of Idaho and regulations of and as authorized by the state of Idaho Department of Health and Welfare Bureau of EMS. 5.4 Transition Process. Those Parties agreeing to combine their state-issued EMS licenses will do all things necessaryto accomplish the transition of combining their EMS licenses and to begin and continue operating lawfully under the ACCESS license. ARTICLE VI ADMINISTRATIVE COMMITTEE 6.1 Establishment of the System Administrative Committee. There is hereby established an ACCESS Administrative Committee. The Administrative Committee shall serve to make recommendations to the Board. 6.1.1 Administrative Committee Membership.Voting members of the Administrative RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 11 Page 2os Item#13. Committee shall consist of a chief administrative official from each Parry. In addition, non-voting members may be invited to participate including, but not limited to: a representative from the Ada County Emergency Communications Center, representatives from hospitals located within the System, representatives from the Medical Directorate, and other EMS or health care agencies with a shared interest in emergency medical services. The attendance of three (3) voting Administrative Committee members shall constitute a quorum for conducting the business -of the Administrative Committee. All actions regarding a recommendation to the Board shall require a two-thirds (2/3) majority vote of all voting Administrative Committee members present. Each Party shall designate an alternate member who, in the absence of their Administrative Committee member, shall have the right to a proxy vote on all matters presented for a vote. 6.1.2 Administrative Committee Ex-officio Membership. Any legal entity or person who is providing EMS Services in the System Area under a current license issued by the EMS Bureau, either as air medical services, ambulance services, and/or non- transport services, may apply for membership on the Administrative Committee as an Ex-officio member with rights to participate in the meetings subject to the rule of the chairman, without the right to vote and without a right to participate in or attend any executive session matter or on any agenda item involving personnel or a claim of default of a Party. 6.13 Officers. Annually, during first meeting held in new Fiscal Year, the Administrative Committee shall appoint a chairman and a vice chairman whose primary responsibilities are as follows: 6.13.1 The Chairman shall be a member of the Administrative Committee and shall conduct all meetings of the Administrative Committee, and shall act as the spokesperson for the Administrative Committee when presenting to the Board. 6.1.3.2 The Vice Chairman shall be a member of the Administrative Committee and shall carry out the functions of the Chairman in the absence of the Chairman and, through his/her delegate, as needed, be responsible for posting agenda notices and preparation of minutes of the Administrative Committee. The agenda for each meeting shall be sent to the members fourteen (14) days before the meeting date. The Vice Chairman shall also perform any other duties assigned by the Administrative Committee. 6.1.3.3 These officers shall have no powers or duties except as provided in this Agreement or conferred by the Board. 6.2. Purpose.The purpose of the Administrative Committee is to provide operational expertise RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 12 Page 20� Item#13. as outlined in the Administrative Committee procedures and to make recommendations to the Board. The Administrative Committee will meet at least bi-monthly, but may meet more often depending on need. 6.3. Responsibility.The Administrative Committee responsibilities shall include, but are not limited to, the following: 6.3.1 Development, maintenance, and annual review of the ACCESS Operation and Finance Plan to include, but not limited to: System deployment plan, System staffing levels and licensure levels, current and future funding needs, capital improvement plan, determination of System performance levels, assuring a quality management program, development of a System training and education plan, and other functions not specifically identified but intended to meet the requirements for the safe and efficient operation of the EMS System. 6.3.4.4 Review and update annually any change in System configuration. 6.3.1.2 Prepare, in accordance with the provisions of this subsection, any reports, Standard Operating Procedures, Quality Improvement Plan, Quality Assurance Plan or budget recommendation to submit to the Board for approval prior to publication and implementation. 6.3.1.3 Provide for the coordination, planning, and provision of transport and non-transport EMS services between the Parties,which may include air medical service within the System Area. Ensure that EMS services are rendered in a timely and cost effective manner, at an optimal level of care. The Administrative Committee shall consider the current EMS standards, existing EMS service capabilities, trends, desired goals, and future EMS service capabilities for eachplanning component with due consideration of the limited funds available to provide such services. 6.3.4.4 The Administrative Committee shall consider, along with its accompanying maps, charts and reports, the following components and criteria: 6.3.1.4.1 The current emergency medical services system structure and performance; 6.3.1.4.2 Emergency medical services resources and capability throughout the System, to include licensees, employees, contractors, volunteers, and any demonstrated need for change; 6.3.1.4.3 Population and other pertinent demographics within the EMS System, including analyses of hospital services and past, present, and future trends in population and characteristics such as age,mortality, insurance and revenue to support EMS within the System Area; RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 13 Page 2os Item#13. 6.3.1.4.4 Other EMS factors, including but not limited to response time standards, medical standards of care,required staffing, EMS equipment and facilities standards within the System Area, EMS System deployment plans, mutual aid agreements, competency management strategy, compensation/reimbursement plan, and data collection plan; 6.3.1.4.5 Recommended performance standards that are currently recognized under national, state and local standards and guidelines; and 6.3.1.4.6 Private EMS provider's services and capabilities within the Service Area. 6.3.2 Develop, maintain and monitor EMS performance criteria by the Parties and any Medical Service Providers under contract pursuant to Section 4.6 of this Agreement. 6.3.3 Receive communications, review and make recommendations to the Board regarding any ongoing operational and/or planning and/or funding issues in order to coordinate EMS service and resources, transport and non-transport and air medical service, within the System Area. 6.3.4 Conduct EMS services informational meetings and consult with public officials and agencies, the medical community, the public, and civic, educational, professional, or other organizations. 6.3.5 Other duties as may be assigned by the Board. ARTICLE VII SYSTEM MEDICAL DIRECTORATE 7.1 Establishment of the System Medical Directorate; Standards and Procedures.There is hereby established a System Medical Directorate. The Medical Directorate composition shall be two (2) qualified physicians as recommended by the Administrative Committee and appointed by the Board. The Medical Directorate members shall appoint a chairman, who shall set the agenda and preside over the meetings, serve as the spokesman for the System Medical Directorate, and serve as an ex-officio member of the Administrative Committee. The Board shall adopt administrative guidelines and procedures concerning the conduct and the responsibilities of the System Medical Directorate. 7.2 Purpose of the System Medical Directorate.The System Medical Directorate executes the duties and functions in accordance with the laws of the state of Idaho, the Rules and Regulations of the Idaho EMS Physicians' Commission, the state of Idaho EMS Bureau, and any other rules or regulations concerning emergency medical services. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 14 Page 2os Item#13. 7.3 Authority. Decisions pertaining to medical oversight rendered by the System Medical Directorate shall be binding upon the Parties, unless otherwise specifically noted within this Agreement. 7.4 Responsibility. The System Medical Directorate shall have and exercise the following duties: 7.4.1 Be responsible for the clinical management and medical oversight of the Parties' EMS services within the System Area and for compliance with the rules and regulations of the Idaho EMS Physicians' Commission, rules and regulations of the State of Idaho EMS Bureau and any associated rules and regulations concerning emergency medical services; 7.4.2 Determine the content of the System's Medical Supervision Plan; 7.4.3 Assess clinical ramifications of field operating procedures; 7.4.4 Evaluate the prospective clinical effects of administrative and operating proposals; 7.4.5 Establish the scope of practice of EMS personnel functioning within the System as required by the rules of the EMS Physician Commission and/or performance requirements as set forth by the System; and 7.4.6 Identify opportunities for improving the quality of medical care delivered to patients in the out of hospital setting within the System Area. 7.5 Meetings.The System Medical Directorate shall meet at least bi monthly and at the can of the chairman. All meetings shall be conducted and noticed in accordance with the Idaho Open Meeting Laws, Sections 67-2342 through 67-2345, Idaho Code and any meeting rules adopted by the Board. A majority of the System Medical Directorate shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power. Each member of the System Medical Directorate may cast one vote during decision-making. ARTICLE VIII OTHER OBLIGATIONS OF THE PARTIES 8.1 Compliance with EMS Standards. Each Party shall at all times comply with standards established by the laws of the state of Idaho and associated regulations, as well as any other applicable federal law and/or regulation. 8.2 Agreement, Standards, Resolutions and Procedures Binding. The Board has the authority to cooperatively exercise the powers of each Party in furtherance of the purposes of this Agreement and the operations of the System to the extent conferred by this Agreement, and to the extent allowed by governing law. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 15 Page 2io Item#13. 8.2.1 Each Party agrees to be bound by this Agreement, its amendments, and by the resolutions and procedures adopted by the Board within the powers granted to it by this Agreement. 8.2.2 Each Party further agrees to do all things necessary and lawful to accomplish the purpose of this Agreement, including adoption of any ordinance or resolution necessary to authorize the Party to perform under this Agreement. 8.3 Insurance. Each Party shall maintain a plan of insurance or self-insurance for comprehensive liability in compliance with the Idaho Tort Claims Act, Title 6, Chapter 9, Idaho Code. 8.4 Billing and Collection.Each Party is responsible for arranging the billing and collection of fees charged for the services it provides. 8.5 Individual Operation of the Parties;Allocation of Resources According to Standards Adopted by Board;Furnishing of Equipment. The Board will establish procedures and standards as well as specific direction for allocation of resources and personnel within the System as well as other subjects as provided herein. Except as provided by the System by action of the Board, eachParty will provide its own equipment and supplies on its vehicles, for its personnel, payroll, and its stations. All Parties will retain control over those matters not related to the System or this Agreement, which may include, but is not limited to: budgeting, personnel decisions, equipment, offices, payroll, day-to-day operations and other related matters not impairing the operation of the System or functioning of the Board. 8.5.1 Personnel.This Agreement does not create a separate legal entity and therefore the Board shall have no authority to employ personnel directly. Personnel additions and reductions are matters entirely under the authority of the Party employing the personnel. The Board shall not take any action which is intended to terminate the employment of any employee, who is employed by a Party on the effective date of this Agreement. 8.5.2 Party Compliance with laws governing Personnel.Each Party is responsible for their compliance, in the performance of any services under this Agreement, with Idaho Code Section 67-5901 et seq.,Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000, et seq., as amended by the Civil Rights Act of 1991, the American with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq. as amended by the American with Disabilities Act Amendments of 2008, the Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq. the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, et seq. 8.5.3 Party to Investigate Complaints. Each Party is responsible to investigate complaints referred from the Board, the Administrative Committee, or the Medical Directorate made by or against the Parry's employees concerning matters related to their performance of services governed under this Agreement. This does not RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 16 Page 211 Item#13. require a Party to report the results of any investigation. Each Party retains control of its personal property, personnel records, reports, and other documents for purposes of resolution or remediation of complaints. 8.6 Medical Supplies. ACEMS District shall purchase all necessary disposable medical supplies for agencies operating under the ACCESS license. Upon direction from the Board, the Parties shall endeavor to engage in joint purchasing of medical supplies in order to realize cost savings. 8.7 Indemnification. Each Party covenants and agrees with the other Parties to indemnify, defend, and hold harmless each other Parry, their officers, agents, and employees, from and against all claims, losses, actions, or judgments for damages or injury to persons or property arising from or connected to the acts and/or activities of it and/or its agents, employees, or representatives pursuant to and under the terms of this Agreement to the extent allowed by law. 8.8 Shared Use of ESO Reporting Software. The Parties, with the exception of Kuna, hereby adopt Appendix A to this Agreement, for the purpose of establishing terms and conditions of the shared use of ESO Reporting Software for report writing and records storage and management. ARTICLE IX ADMINISTRATIVE SERVICES PROVIDED BY ADA COUNTY 9.1 Management of Funds and Administrative Support. The ACEMS District shall provide for the day-to-day management of the System funds as proposed by the Board through the policies and procedures established by the ACEMS District. The ACEMS District shall also provide administrative support for the Board. 9.2 Financial Advice. Ada County may make available a financial manager to the System from time to time in order to monitor the System's financial situation and to consult with the Board concerning the same. The Board may seek their own financial manager as needed. 9.3 Legal Counsel.The Parties agree to make their respective legal counsel available for use by the Board, subject to a mutual agreement between the Party and the Board regarding the legal services to be provided and payment for those services. 9.4 Ambulance Service.The ACEMS District shall continue to provide ambulance service through its ambulance taxing district within the boundaries of the District. 9.5 Medical Supervision.The System Medical Directorate shall consist of a minimum of two Medical Directors, and shall be provided through Parry contributions made part of the ACCESS Budget process, as provided in section 4.4 herein. ARTICLE X RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 17 Page 212 Item#13. NOTICE 10.1 All notices provided for in this Agreement are to be sent to the Vice Chairman, who shall provide said notice to each Parry. 10.2 Each Party shall designate in writing to the Vice Chairman their address for the receipt of official notices. 10.3 The effective date of notice given pursuant to this Agreement shall be three (3) days after the date of posting with the U.S. Postal Service of notice sent to the Vice Chairman or upon the day of notice sent by facsimile or e-mail to the Vice Chairman. 10.4 Vice Chairman Notice Duties. The Vice Chairman, or his/her delegate, shall: 10.4.1 Receive from the Party(s)and distribute to all Parties the following_ 10.4.1.2 Notices provided for in this Agreement; and 10.4.1.3 The minutes and all official actions of the Joint Powers Board. 10.4.2 Keep a current registry of the correct legal name and address of all Parties to this Agreement, each Board member, and each alternate. 10.4.3 Process notices of withdrawal and termination as provided in Article III, Sections 3.4 and 3.6 herein and proposals for amendment of this Agreement as provided in Article III, Section 3.3 and Article XI herein. ARTICLE XI AMENDMENT PROVISIONS This Agreement may only be amended in accordance with the following process: 11.1 An amendment may be proposed by a Parry and/or by the Board. 11.2 The Vice Chairman, or his/her delegate, is authorized to take all actions required under this Article M. 11.3 A proposed amendment must be in writing and must include strikethrough of any language to be deleted and underline of any new language of the proposed amendment. Any proposed amendment will be considered an amendment to the entire Agreement and must be submitted in that fashion. 11.4 A proposed amendment shall contain a Statement of Purpose, which shall include a statement of how the Parties will be affected by the amendment; the Parry to contact for information; and the amended Agreement text. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 18 Page 213 Item#13. 11.5 The proposing Party shall also prepare and submit to the Vice Chairman a Restated and Amended Agreement form for service by the Vice Chairman in the event the proposed amendment is approved. 11.6 The proposed amendment text, Statement of Purpose and a Restated and Amended Agreement form shall be served upon the Vice Chairman by the proponent Party or Board, as the case may be. 11.7 The Vice Chairman shall determine if the Proposed Amendment is in compliance with this Article and shall advise the proponent Party in the event it is not. 11.8 If the amendment proposal is in compliance with this Article, the proposed amendment shall be served and submitted to the Parties to this Agreement by the Vice Chairman. 11.9 All Parties' approval is required for the approval of an amendment to this Agreement. 11.10 Parties must submit their approval, or their disapproval with reasoning, in accordance with service of notice as provided in this Agreement and within sixty (60) days of the date of the cover notice from the Vice Chairman. 11.11 The Vice Chairman shall tally the approvals and or disapprovals within a reasonable time, or in the case of no response, then soon after the sixty (60) day period for response. The amended Agreement shall be effective after all Parties have duly signed. 11.12 The Vice Chairman shall then give notice to the Parties of the results, and in the event the amendment passes, the Vice Chairman shall also include with notice to the Parties the Restated and Amended Agreement. ARTICLE XII MISCELLANEOUS PROVISIONS 12.1 This Agreement shall not relieve any Party of any obligation or responsibility imposed upon it by law. 12.2 Se ve rability in Case of Partial Invalidity. If any portion of this Agreement is determined to be invalid or unenforceable as a matter of law, such invalidity or lack of enforcement shall be limited to such portion, and shall not affect any other portions or provisions, which shall be given the fullest effect permitted by law. In the event that it should ever be determined by a tribunal having appropriate jurisdiction that this Agreement is illegal or unenforceable as a matter of law, this Agreement shall be deemed to be null and void, from its inception, and the Parties hereto shall be relieved of any further performance under the terms of this Agreement. 12.3 Governing Law. This Agreement shall be governed by the laws of the State of Idaho. 12.4 No Third Party Beneficiaries.Each Party to this Agreement intends that this Agreement RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 19 Page 214 shall not benefit or create any right or cause of action in or on behalf of any person or legal entity other than the Parties hereto. 12.5 Counterparts and Process to Become a Party. This Agreement will be executed and delivered in counterparts, one for each Party,and at such time as the governing board of an agency intent upon joining adopts the necessary resolution authorizing the execution of the counterpart and a written notice thereof, including a copy of the resolution or other authorizing act of its governing board is provided to the Secretary, this Agreement shall then be in full force and effect to such Parties and shall have the force and effect of an original, and copies of the signature pages of all counterparts shall be provided to all Parties to this Agreement by the Secretary. 12.6 Captions. The subject headings of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. 12.7 Attorney Fees.If in the event judicial action of any kind is necessary to enforce the terms of this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party its reasonable attorney fees and costs as provided by Idaho law and the Idaho Rules of Civil Procedure. 12.8 Entire Agreement. This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARD OF A COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: By: '-Zz� Beck sion By: Ryan!a ' , Commissioner By. endra Kenyon, Commissioner Attest: Phil McGrane, Ada County Clerk by Katie Reed,Assistant Deputy Clerk CITY OF BOISE: Attest: Lauren McLean, Mayor Lynda Lowry, City Clerk CITY OF MERIDIAN: RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 20 shall not benefit or create any right or cause of action in or on behalf of any person or legal entity other than the Parties hereto. 12.5 Counterparts and Process to Become a Party. This Agreement will be executed and delivered in counterparts, one for each Party,and at such time as the governing board of an agency intent upon joining adopts the necessary resolution authorizing the execution of the counterpart and a written notice thereof, including a copy of the resolution or other authorizing act of its governing board is provided to the Secretary, this Agreement shall then be in full force and effect to such Parties and shall have the force and effect of an original, and copies of the signature pages of all counterparts shall be provided to all Parties to this Agreement by the Secretary. 12.6 Captions. The subject headings of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. 12.7 Attorney Fees.If in the event judicial action of any kind is necessary to enforce the terms of this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party its reasonable attorney fees and costs as provided by Idaho law and the Idaho Rules of Civil Procedure. 12.8 Entire Agreement. This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: By: Rod Beck,Commissioner By: Ryan Davidson, Commissioner By: Kendra Kenyon, Commissioner Attest: Phil McGrane, Ada County Clerk TY OF BOISE: 2/23/21 �. Attest: ��c. 2/23/21 Lauren McLean, Mayor h y Lowry, City Clerk CITY OF MERIDIAN: N. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 20 Item#13. E- D I A N Attest: '" Robert E.Simison, Mayor 2-9-2021 Chris Johnson, CijVClerk 2- = 1 STAR FIRE PROTECTION DISTRICT: Attest: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Attest: Josh Tanner, Board Chairman KUNA RURAL FIRE PROTECTION Attest: _ DISTRICT M.G. Bud Beatty, Jr.,Board Chairman RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 21 Page 216 Item#13. Attest: Robert E. Simison, Mayor 2-9-2021 Chris Johnson, City Clerk 2-9-2021 STAR FIRE PROTECTION DISTRICT: Attest: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Attest: Josh Tanner, Board Chairman KUNA RURAL FIRE PROTECTION Attest: DISTRICT M.G. Bud Beatty, Jr.,Board Chairman RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN AD COUNTY—PAGE 21 Page 216 Attest: Robert E.Simison, Mayor Chris Johnson, City Clerk STAR FIR PROTECTION DISTRICT: Attest: 4 Jared Moyle, Boa i airman EAGLE FIRE PROTECTION DISTRICT: Attest: Josh Tanner, Board Chairman KUNA RURAL FIRE PROTECTION Attest: DISTRICT MG. Bud Beatty, Jr.,Board Chairman RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 21 Attest: Robert E.Sh nison, Mayor Chris Johnson, City Clerk STAR FIRE PROTECTION DISTRICT: Attest: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Attest: n n 1s w 16 I MIA�� Josh T nner,Board ChairmanC�- KUNA RURAL FIRE PROTECTION Attest: J DISTRICT M.G. Bud Beatty, Jr.,Board Chairman RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 21 Attest: Robert E.Shnison, Mayor Chris Johnson, City Clerk STAR FIRE PROTECTION DISTRICT: Attest: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Attest: Josh Tanner,Board Chairman KUNA RURAL FIRE PROTECTION Attest: iz-'1�11—kJ4 DISTRICT ,�;� %10 1*�.J) &8&L - I - - .G. Bud 14eitty, Jr.,Board onan RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 21 Item#13. APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE This APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE ("Appendix A"), is made pursuant to Article VIII, § 8.8 of the Agreement, by and between the parties to the Agreement, with the exception of Kuna Rural Fire District. The parties to this Appendix A may each be referenced separately in this Appendix as "Party"or collectively as "Parties." WHEREAS, the Kuna Rural Fire District shall remain a parry to the Agreement as if it had not been amended by the addition of this Appendix A;the Kuna Rural Fire District is not, however, a party to this Appendix A, and it is the intention and agreement of each Party hereto that the Kuna Rural Fire District shall be exempt from all provisions of this Appendix A; WHEREAS, the Parties have determined that it is in the best interest of their respective jurisdictions to use ESO Reporting Software ("ESO") for report writing and records storage and management; WHEREAS, it is the Parties' desire to provide to each other mutual access to ESO's functions and information stored therein in order to achieve economy of public resources,better coordinate public safety and emergency responses, undertake local and regional analyses and planning efforts, and work cooperatively to fulfill public service and governmental functions; WHEREAS, the records created and stored in ESO are public records,as that term is defined in Idaho Code section 74-101(13), and are therefore subject to the Idaho Public Records Act, including the requirements of and exemptions from disclosure enumerated therein; WHEREAS, to the extent that the information contained in ESO is Protected Health Information ("PHI") as that term is defined in the Health Insurance Portability and Accountability Act("HIPAA"),42 U.S.C. §§ 201 et seq., such information is exempt from public disclosure under the HIPAA Privacy Rule promulgated by the U.S. Department of Health and Human Services, 45 C.F.R. §§ 164.508(a)(1) and (c), and Idaho Code § 74-104(1); and WHEREAS, under Idaho Conservation League,Inc. v. Idaho State Department of Agriculture, 143 Idaho 366 (2006) and Idaho Code section 74-102(13), a record prepared, owned, used or retained by a governmental entity remains the record of that entity, notwithstanding delegation of that agency's custodial duties as to such record,nor the location or format in which the record is stored; WHEREAS, where two or more Parties respond to an incident, each responding fire department or district may prepare an Electronic Health Report ("EHR") specific to each patient, Ada County Paramedics may prepare an EHR specific to each patient, and ESO will merge both EHRs into one consolidated EHR; further, each responding fire department or district may prepare a National Fire Incident Report System Report("NFIRS Report") specific to that incident, and ESO will merge both NFIRS into one record; APPENDIX A:ESO REPORTING SOFTWARE PAGE Page 217 Item#13. NOW, THEREFORE, subject to the limitations of the Agreement and this Appendix A and in order to meet the objectives described above, the Parties hereby agree as follows: I. STATEMENT of PURPOSE(AGREEMENT, ARTICLE XI). This Appendix A is proposed by the Board as an addendum to the Agreement. The purpose of this Appendix A is to establish the terms and conditions of the Parties' use of ESO for creating and storing records of individual and joint responses to medical and fire emergencies; to coordinate a uniform approach and response to requests for records stored in ESO; to delegate to Ada County Paramedics ("ACP")custodial responsibility for EHRs stored in ESO, which responsibility shall include, without limitation, responding to requests for such records in accordance with the Idaho Public Records Act,and records retention and destruction in accordance with the Parties' respective retention schedules. II. PuBLIc RECoRDs REQUESTS A. Requests for EHRs. The following provisions shall apply to requests and/or subpoenas duces tecum for EHRs stored in ESO. 1. Delegation of Custodial Duties.As to EHRs stored in ESO, the Parties hereby delegate to ACP their respective custodial duties, including, without limitation, the duty to timely respond to a request for such records pursuant to subpoena or Idaho Code section 74-102; to manage such records; and to protect PHI from improper disclosure pursuant to HIPAA. 2. Designation of Records Custodians. Each Party shall designate a Records Custodian, and shall notify the Vice Chairman of same. The Vice Chairman shall keep a current registry of the Parties' respective Records Custodians, to include their names, addresses, e-mail addresses,and phone numbers. 3. Process. Whenever any Party receives a request for an EHR, the Party receiving such request shall, by 5:00 p.m. of the first business day on which the request is received, forward such request to ACP Records Custodian, and shall notify the requestor that the second Party is the custodian of the record requested, and that the request has been referred to the second Party for response. ACP shall process and respond to all requests for EHRs on behalf of the agency forwarding such request. In so doing, ACP shall observe all requirements of the Idaho Public Records Act, HIPAA,and ACP's Records Release Policy, Designated Records Set Policy, and HIPAA Policy, copies of which are attached to this Appendix A as ExhibitA. 4. Fees.Pursuant to Idaho Code section 74-102(10), the Board of Ada County Commissioners may adopt, and ACP may assess,fees for labor, materials, and legal review related to the preparation of responses to requests for EHR.Each Party to this Appendix A shall adopt by reference the most current fee schedule established by the Board of Ada County Commissioners as it relates to EHRs stored in ESO. ACP shall notify the parties of any and all proposed and final changes to such fees. APPENDIX A:ESO REPORTING SOFTWARE PAGE Page 218 Item#13. 5. Petition. In the event that a requestor files a petition pursuant to Idaho Code section 74-115 contesting ACP's decision to release or deny a record stored in ESO pursuant to the delegation of authority to ACP provided herein, the following provisions shall apply. a. Record of incident that included ACP. Where the responsive records at issue are related to an incident to which ACP responded, in whole or in part, Ada County shall defend such decision in district court and in any and all subsequent appeals. Ada County shall be responsible for all expenses related to such petition or any ruling or order related thereto, including attorney fees, costs, penalties, or sanctions. Where a petitioner joins a party other than ACP,the joined party shall be responsible for its own appearance and all expenses related thereto. b. Record of incident that did not include ACP. Where the responsive records at issue are related to an incident to which ACP did not respond at all, ACP shall, by 5:00 p.m. of the first business day on which the petition is served,forward such petition to the agency or agencies that did respond to the incident. The agencies that did respond to the incident shall move to join the petition and shall stipulate to dismissal of the petition as to ACP. B. Requests for NFIRS Reports.The following provisions shall apply to public records requests and/or subpoenas duces tecum for NFIRS reports stored in ESO. 1. Custodial dutie s; delegation to co-responders. Pursuant to Idaho Code sections 74- 101(3) and(13), each Party is the sole custodian of all NFIRS Reports that it prepares and/or stores in ESO. Where two or more parties respond to one incident and the NFIRS Reports they separately prepare and/or store in ESO are merged into one record, both parties are co-custodians of the merged record. To the extent that such merged records contain information prepared by multiple Parties, as to such merged records, the Parties hereby delegate to each other their respective custodial duties. 2.Response to request for agency's own NFIRS Report. Where a Parry receives a request for a NFIRS report prepared by that Parry, and that Parry is the only Parry that prepared the requested NFIRS Report, that Parry shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation related to the request and/or response. 3. Response to request for another agency's NFIRS Report. When Party receives a request for a NFIRS Report prepared by a second Party,and the second Party is the only Parry that prepared the requested NFIRS Report, the Parry receiving such request shall, by 5:00 p.m. of the first business day on which the request is received, forward the request to the second Parry's Records Custodian. The Party that originally received such request shall notify the requestor that the second Party is the custodian of the record requested, and that the request has been referred to the second Party for response. The second Parry shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation related to the request and/or response. APPENDIX A:ESO REPORTING SOFTWARE PAGE Page 219 Item#13. 4. Response to request for merged NFIRS Report.When a Party receives a request for a NFIRS Report that contains information prepared both by that Party and by a second or additional Party or Parties,and such information is merged into one record by ESO, the Party receiving such request shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation. The Party receiving such request need not notify the additional Party or Parties that such request was received, except that the Party receiving the request for such NFIRS Report shall, by 5:00 p.m. of the first business day on which the request is received, notify the Records Custodian of all Parties whose information is contained in the NFIRS Report where such NFIRS Report refers to or contains information related to the following circumstances: a. One or more casualties; b. A fire investigation; c.An intentional fire; d. Hazardous materials; e. Property loss or costs estimated at$10,000 or more; and/or f. Other circumstances under which, in the discretion of the Party receiving the request, consultation between the Parties would promote the safety, welfare, or best interest of either Party, citizens involved in the incident described in the NFIRS report, or the public. ("Extraordinary Circumstances.") In the event that a requested NFIRS Report describes Extraordinary Circumstances, the Parties shall work together to prepare a response that is acceptable to both Parties. In the event that the Parties cannot come to consensus prior to the deadline for release of a NFIRS Report describing Extraordinary Circumstances, the Party that originally received the request shall consider the input of all other Parties, and shall provide a response to the requester that accommodates such input as the Party that originally received the request deems practicable. In any event, as to NFIRS Reports that do and do not pertain to Extraordinary Circumstances, the Party that originally received the request shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation related to the request and/or response. 5. Principles of response. In order to provide uniform responses to public records requests, the Parties to this First Addendum hereby agree that: a. Absent statutory exemption, NFIRS Reports stored in ESO shall be presumed to be subject to disclosure upon request, including, without limitation: incident reports; investigative reports and photographs; addresses and phone numbers, including location and involved persons; and responding crew member names and positions. b. Prior to disclosing a record which contains both PHI and information subject to APPENDIX A:ESO REPORTING SOFTWARE PAGE Page 220 Item#13. disclosure, the responding agency shall redact all PHI pursuant to Idaho Code section 74- 104(1), which provides that PHI is exempt from disclosure pursuant to 45 C.F.R. §§ 164.502(a) and 164.512(a)(1), promulgated by the United States Department of Health and Human Services, pursuant to 42 U.S.C. § 264(b), unless disclosure is appropriate pursuant to ACP's HIPAA Policy, a copy of which is attached hereto as ExhibitA. c. It is acknowledged and agreed that information related to"Extraordinary Circumstances," as enumerated above, may be subject to particular statutory standards of review and/or redaction. d. The exemption for law enforcement records set forth in Idaho Code section 74-124(1) shall not be presumed to apply to NFIRS Reports, unless the report pertains to a suspected commission of a fire-related crime (arson, false alarm, fireworks, explosives, malicious injury to property, concealment, etc.)in which case the responding Party may be acting as a law enforcement officer for purposes of this exemption. e. Pursuant to Idaho Code section 74-103(4), any denial of a request for NFIRS Report information requires consultation with legal counsel of the Party responding to the request. £ Requested records may contain information that is both exempt and nonexempt from disclosure. Pursuant to Idaho Code section 74-112, such information must be separated and disclosed accordingly. III. RETENTION OF RECORDS IN ESO. A.Retention of Records.A record stored in ESO shall be retained not less than nineteen (19) years from the date of its creation. Pursuant to Idaho Code §§ 31-871(1)(b) and (2)(d) and 50-907(2)(e), such records shall be classified as"semipermanent" records and destroyed pursuant to resolution by the Ada County Board of Commissioners, and the corresponding city council(s) or fire district board of commissioners. C. Records retention schedule. Each Party shall incorporate into its records retention schedule a listing of records stored in ESO, with the following classifications and retention periods: Record Classification Retention period Records containing PHI Semipermanent Nineteen (19) years NFIRS incident and Semipermanent Nineteen (19) years casualty reports Investigative reports Semipermanent Nineteen (19)years Photographs Semipermanent Nineteen (19) Public records requests Semipermanent Six 6 ears APPENDIX A:ESO REPORTING SOFTWARE PAGE Page 221 Item#13. EXtHBIT A Ada County Paramedics' Records Release Polio Designated Records Set Policy, and HIPAA Policy APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT Page 222 Item#13. Ada County Paramedics Policy on Patient Requests forAccess to PHI Approved by Darby Weston(Director) Approval Date: 1/24/2017 Version: 1 Purpose The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") grants individuals the right to access their protected health information ("PHI")contained in a designated records set ("DRS"). Ada County Paramedics must afford individuals this right of access in accordance with federal and state law. To ensure that Ada County Paramedics complies with its obligations, this policy outlines our procedures for handling requests for patient access and establishes the procedures by which patients or authorized representatives may request access to PHI. De partme nts Affe cte d 103.01.01 Policies &Procedures, Administration, Billing, Compliance Policy All access requests will be directed to the HIPAA Compliance Officer, or their designee, and it shall be the responsibility of the HIPAA Compliance Officer to handle all access requests. Procedures 1. Requests for Access from the Patient or the Patient's Personal Representative 1.1. Patients and their authorized representatives shall be granted a right of access to obtain a copy of their PHI contained in a DRS maintained by Ada County Paramedics. 1.2. If a patient or their authorized representative requests a copy of a patient's PHI, the requestor shall be referred to the HIPAA Compliance Officer or their designee. The HIPAA Compliance Officer, or designee, shall request that the patient or authorized representative complete Ada County Paramedics' "Request for Access to Protected Health Information" Form. 1.3. The HIPAA Compliance Office, or designee, must verify the patient's identity, or, if the requestor is not the patient, the name and identity of the representative and whether the representative has the authority to act on the patient's behalf. The use of a driver's license, social security card, or other form of government-issued identification is acceptable for this purpose. If it is impossible for the requestor to physically come in to make the request and verify this information, the HIPAA Compliance Officer shall ask the requestor to verify the patient's name, date of birth, APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT Page 223 Item#13. SSN, address, and telephone number over the phone and ask the requestor to submit the "Request for Access to Protected Health Information Form" via email, mail or fax. 1.4. Upon receipt of the completed "Request for Access to Protected Health Information Form" and verification of the requestor's identity, the HIPAA Compliance Officer will act upon the request within 30 days, preferably sooner. Generally, Ada County Paramedics must respond to requests for access to PHI within 30 days of receipt of the access request. 1.5. If Ada County Paramedics is unable to respond to the request within these time frames,the requestor must be given a written notice no later than the initial due date for a response, explaining why Ada County Paramedics could not respond within the time frame,and in that case Ada.County Paramedics may extend the response time by an additional 30 days. 2. Requests for Access from the Patient's Attorney 2.1. If Ada.County Paramedics receives a request for a patient's PHI from the patient's attorney, the HIPAA Compliance Officer, or their designee, shall verify that the patient has authorized the release of PHI. Generally, the request should be accompanied by a form or letter, signed by the patient, stating that the patient authorizes the release of the requested PHI to the attorney. If there is a signed form or letter from the patient authorizing the release of the PHI requested (or some other valid authorization from the patient), then the HIPAA Compliance Officer may release the PHI to the attorney in accordance with what the authorization states. 2.2. If the request from the patient's attorney is not accompanied by a signed request form or letter from the patient (or some other valid patient authorization), the HIPAA Compliance Officer shall contact the attorney and inform the attorney that Ada County Paramedics will not release the information without valid authorization from the patient. Ada County Paramedics shall not release any PHI to the attorney until the patient authorizes the release. 3. Approval of a Request for Access 3.1. Upon approval of access, the patient or authorized representative should generally be provided a copy of the record in the manner requested on the Form. Ada County Paramedics will either provide a copy of the PHI to the requestor in the format requested or arrange for a convenient time for the patient to come into Ada County Paramedics to receive a copy their PHI.Ada County Paramedics will also transmit a copy of the PHI directly to an entity or person designated by the patient or authorized representative, provided that the written direction is signed and clearly identifies the designated party. 3.2. The requestor will not be given access to the actual systems that contain the DRS. Rather, copies of the records shall be provided for the patient or requestor. 3.3. Whenever a patient or requestor accesses a DRS, a note will be entered into patient's account in the Sweet billing software,in the HIPAA-AAR tab. This note indicates the date of the request, the date access was provided, what specific records were provided. APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT Page 224 Item#13. 4. Denial of a Request for Access 4.1. If the request for access is denied, the HIPAA Compliance Officer shall send the requestor a "Denial of Request for Access to Protected Health Information Form," outlining the reason for the denial and explaining the individual's rights regarding the denial. Patient access may be denied for the reasons listed below: 4.1.1. If the information the patient requested was compiled in reasonable anticipation of, or use in, a civil, criminal or administrative action or proceeding; 4.1.2. If the information the patient requested was obtained from someone other than a healthcare provider under a promise of confidentiality and the access requested would be reasonably likely to reveal the source of the information; 4.1.3. If a licensed healthcare professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to endanger the life or physical safety of the individual or another person; 4.1.4. If the PHI makes reference to another person (other than a healthcare provider) and a licensed health professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to cause substantial harm to that person; or 4.1.5. If the request for access is made by a requestor as a personal representative of the individual and a licensed health professional has determined, in the exercise of professional judgment, that access is reasonably likely to cause harm to the individual or another person. 4.2. If the denial of the request for access to PHI is for reasons 4.1.3., 4.1.4., or 4.1.5. above, then the patient may request a review of the denial of access by sending a written request to the HIPAA Compliance Officer. 4.2.1. Ada County Paramedics will designate a licensed health professional, who was not directly involved in the denial, to review the decision to deny the patient access.Ada County Paramedics will promptly referthe request to this designated review official. The review official will determine within a reasonable period of time whether the denial is appropriate. Ada County Paramedics will provide the patient with written notice of the determination of the designated reviewing official. 4.2.2. The patient may also file a complaint in accordance with Ada County Paramedics' "Procedure for Filing Complaints About Privacy Practices"if the patient is not satisfied with Ada County Paramedics' determination. APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT Page 225 Item#13. Ada County Paramedics Policy on Designated Record Sets Purpose To ensure that Ada County Paramedics patients and their authorized representatives are granted rights regarding Protected Health Information ("PHI") in accordance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), this policy establishes what PHI at Ada County Paramedics should be accessible to patients as a part of a Designated Record Set("DRS"). Under HIPAA,aDRS includes medical records that are createdor used by Ada County Paramedics to make decisions about the patient. De partme nts Affe cte d 201.03.01 Patient Care Records, Administration, Billing Policy The HIPAA Compliance Officer, or their designee, will be responsible for fulfilling patient requests related to PHI and for ensuring that the correct information is made part of the Designated Record Set. Procedures 1. The DRS should only include PHI as defined under HIPAA,and should be comprised of individually identifiable healthcare and billing information created, received, maintained, or transmitted by or on behalf of ACP that is used, in whole or in part, by ACP to make decisions about individuals. 2. The HIPAA Compliance Officer shall be the parry in charge of designating what information is part of a DRS at ACP and for ensuring that appropriate information is being maintained by ACP in its designated record sets. 3. The Designated Record Set at Ada County Paramedics for any requests regarding PHI includes the following records (claim and insurance information is included only if specifically requested): 3.1. Electronic health reports ("EHR") created or received by Ada County Paramedics and ACCESS agencies and supplementary information regarding the patient's condition. This includes any photos, videos, monitor strips, Refusal of care forms, or information from other sources used by ACP or ACCESS agencies to treat patients. 3.2. The electronic claims records or other paper records of submission of actual claims to Medicare or other insurance companies. 3.3. Any patient-specific claim and billing information, including responses from insurance payers, such as remittance advice statements, Explanation of Medicare Benefits, charge screens, patient account statements, and signature authorization and agreement to pay documents. 3.4. Notices from insurance companies indicating coverage determinations, documentation submitted by the patient, and copies of the patient's insurance card or policy coverage summary, that relate directly to the care of the patient or payment for that care. 3.5. Amendments to PHI, or statements of disagreement by the patient requesting the amendment when PHI is not amended upon request, or an accurate summary of the statement of disagreement. 3.6. Any treatment related records created by other parties such as first responder units, assisting ambulance or fire services, air medical services, nursing homes, hospitals, doctor's APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT Page 226 Item#13. offices, police departments, coroner's offices, etc., that are used by Ada County Paramedics or ACCESS agencies for treatment and payment related purposes. 4. A designated record set should not include: 4.1. Quality assurance data collected and maintained for peer review purposes 4.2. Accident Reports 4.3. Incident Reports 4.4. Data collected and maintained for research 4.5. Information compiled in reasonable anticipation of litigation or administrative action APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT Page 227 Item#13. Ada County Paramedics Policy on HIPAA Purpos e The following Policy has been developed by Ada County/City Emergency Medical Services System (ACCESS) to comply with requirements imposed by Health Insurance Portability and Accountability Act of 1996 (HIPAA)and Idaho Code. De partme nts Affe cte d 201.03.02 Distributing Medical Records, Administration, Billing, Compliance, Field Operations, Logistics, Training Policy All employees of the ACCESS System participating agencies shall comply with the privacy practices of the System as set forth in the procedures below. Procedures 1. BACKGROUND 1.1. In 1996, Congress passed HIPAA to address multiple health care issues including administrative simplification. The administrative simplification provisions of HIPAA mandate compliance in three key areas: (1) privacy; (2) security; and (3) electronic transactions. Compliance with the Privacy Rule has been mandatory for all health care providers since April 14, 2003. The law severely restricts the disclosure of patient health information (PHI)and establishes civil and criminal penalties for violation. The goal of the HIPAA privacy rule is to protect patient's right to confidentiality in matters involving their healthcare. 1.2. PHI refers to individually identifiable health information, as defined by HIPAA, that is created or received by EMS and relates to the past, present, or future physical or mental condition of an individual; the provision of health care to an individual; or the payment for the provision of health care to an individual at any time; and that identifies the individual or for which there is a reasonable basis to believe the information canbe used to identify the individual. An"individual" includes all persons, whether living or deceased. 2. CUSTODIAN OF RECORD 2.1. Pursuant to HIPAA, a Custodian of Records shall be appointed. John Blake, Deputy Director of Ada County Paramedics, is the designated Custodian of Records for HIPAA coordination, recordation, and compliance purposes. In John Blake's absence, the Custodian of Records will be his named designee. 2.2. Deputy Director John Blake has been appointed the HIPAA Compliance Officer and is the primary contact for all HIPAA compliance issues and concerns. 3. ENFORCEMENT 3.1. Effective February 17, 2010, the Department of Health and Human Services (HHS)will be APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT Page 228 Item#13. required to conduct periodic audits to ensure that covered entities and their business associate are complying with their obligations under HIPAA. 4. PENALTIES FOR NON-COMPLIANCE 4.1. Federal Code specifies that violations of the Privacy Rule can result in both civil monetary penalties and criminal sanctions. This may include criminal sanctions against any person who obtains or discloses individually identifiable health information which that person obtained or disclosed without authorization from the covered entity. 5. PROCEDURE FOR NOTIFICATION: 5.1. All patients shall be provided a copy of the "Notice of Privacy Practices"document. This notice tells patients about their rights under HIPAA and contains information about ACCESS's privacy policies and procedures. This is also provided on ACP's website (www.adacountyparamedics.org) and can be obtained at the front counter of the ACP Business Office. 5.2. EMS field staff is required to obtain a fully completed and signed "Assignment of Benefits & Privacy Acknowledgment Form" from the patient for each call. This form serves as acknowledgment that the patient has received the Notice of Privacy information. If a personal representative signs this document, the representative's relationship to the patient must be checked. 5.3. This form must be kept digitally with the electronic medical record, and any hard-copy originals returned to the ACP Administrative Office per record keeping requirements. 6. HIPAA TRAINING 6.1. All new hires, including temporary help, will receive HIPAA training and complete a short test within a reasonable time period. Members of the workforce will read, agree, and sign the HIPAA Security and Confidentiality Agreement concerning information learned during the course of employment along with the Documentation of Employee Training (see HIPAA Security and Confidentiality Agreement and Employee HIPAA Training). Annually thereafter, each employee will review HIPAA training as necessary and appropriate for the staff to conduct their job. 7. PROTECTED HEALTH INFORMATION(PHI) 7.1. HIPAA defines PHI broadly as any health information, including patient demographics, that is created or received by a provider and: 7.1.1. Relates to the past, present or future physical or mental health condition of a patient. 7.1.2. That identifies or can be reasonably used to identify a patient. 7.2. PHI can be in any format including oral, written or electronic. The following are some examples of PHI: APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT Page 229 Item#13. 7.2.1. Patient Care Reports 7.2.2. Medical necessity forms 7.2.3. Patient bills 7.2.4. Claim forms 7.2.5. Records from other facilities 7.2.6. Photos &Video 7.3. You cannot use or disclose PHI for any purpose unless permitted under HIPAA. This applies to patients that are alive and deceased. PHI is completely confidential and is the property of the organization. 8. REQUIRED DISCLOSURES 8.1. Patient's Rights of Access and Accounting: You must disclose PHI to a patient or their authorized representative upon their request for access to their PHI. You must also render an accounting of all disclosures of a patient's PHI upon request. 8.2. Disclosures to HHS: You must disclose PHI to HHS in connection with its investigation of complaints, its performance of compliance reviews, or other enforcement activities. 9. PERMITTED USES OR DISCLOSURES 9.1. Treatment: PHI may be used to provide, coordinate, or manage a patient's health care and any related services. This includes the coordination or management of health care with a third party for treatment purposes. 9.2. Payment: Includes activities related to your efforts to obtain payment or to be reimbursed for services provided, and includes insurance eligibility determinations, the filing and pursuing of insurance claims, your collection activities, etc. 9.3. Operations: Includes quality assessment and improvement activities, licensing and other credentialing activities, conducting internal medical reviews, business planning and development, and other similar activities. 9.4. Most uses or disclosures of PHI by ACCESS will be for treatment,payment, or health care operations purposes, and would not require the patient's authorization or consent. 10. Uses or Disclosures in the Public Interest 10.1. The Privacy Rule permits you to use or disclose a patient's PHI in certain situations where APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT Page 230 Item#13. the public interest is being served. These permitted uses and disclosures are set out in the regulations at 45 C.F.R. 164.512. You may use or disclose a patient's PHI where required by law, however, you must be careful to limit the disclosure of PHI to the minimum amount needed to comply with the law. Some examples of these situations are: 10.1.1. Patient consent--45 Code of Federal Regulations (CFR) 164.508 permits use or disclosure of PHI with a signed patient authorization 10.1.2. Public health activities—PHI may be released to "proper authorities" as required by reporting laws relating to a communicable disease, injury, birth, & death, and for public health investigations pursuant to applicable state and/or federal law. 10.1.3. Coroner—EMS may disclose personal health information to the County Coroner as required by law. 10.1.4. Military—EMS may disclose a patient's PHI if he or she is a member of the military as required by armed forces services. 10.1.5. Averting a serious threat to health or safety—PHI may be disclosed or used if necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. 10.1.6. Victim abuse, neglect, or domestic violence—EMS may disclose PHI to the proper authorities, including government authorities, if it suspects child abuse or neglect. 10.1.7. Reporting crime in emergencies—When EMS is providing emergency health care it may disclose PHI to a law enforcement official if such disclosure appears necessary to alert law enforcement to: 10.1.7.1. Commission and nature of a crime. 10.1.7.2. Location of a crime or of the victims of such a crime. 10.1.7.3. Identity, description, and location of the perpetrator of such crime. 10.1.8. EMS may release PHI required by court order or court ordered warrant or a subpoena or summons issued by a judicial officer. 10.1.9. Requests for records from attorneys generally must receive a written authorization from the patient to release the medical records. All requests for release of records will be processed through Ada County Paramedics. 10.1.10. ACCESS may release personal health information to a family member, other relative, or close personal friend or other individual involved in the patient's care if ACCESS personnel obtain the patient's verbal agreement to do so(if by telephone -verify birth date, Social Security Number, address,& Phone number), or if EMS gives the patient an opportunity to object to such a disclosure and the patient does not raise an objection; and in certain other circumstances APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT Page 231 Item#13. where ACCESS is unable to obtain the patient's agreement and believes the disclosure is in the patient's best interest. 10.1.11. It is OK to share information with patients when they request it, b u t verify (birth date, Social Security Number, address, &Phone number) their identity. If the request is in person, ask for ID,have them complete a record request form, and notate in account. 11. Minimum Necessary Rule 11.1. In all instances, only the information that is necessary and appropriate may be released. Do not disclose PHI via blog, web site, discussion group, social network, or other public place even when you believe the information is "de-identified" unless the information is reviewed and approved by the Compliance Officer or designee. Posts on social media sites can give enough info for friends and family to recognize patient. Names do not have to be included to be a violation. 11.2. If there is a question as to the appropriate release of information, the employee should contact an Ada County Paramedics Battalion Chief for clarification. If an employee believes that they may have inadvertently released PHI in error, they must notify their supervisor in writing of that disclosure. The Compliance Officer is the custodian of patient records and must authorize release of all PHI generated within this System. All records within the System that contain PHI are to be kept secure at all times and locked up when not being used for legitimate purposes. 11.3. Non-compliance with this policy may follow the disciplinary process. 12. Incidental Uses and Disclosures 12.1. The Privacy Rule does not expect our system to guarantee the privacy of a patient's PHI against all potential risks. So longs as you have implemented reasonable safeguards to minimize the risk of accidental use or disclosure and you comply with the minimum necessary standard, the Privacy Rule will permit incidental uses and disclosures. 12.1.1. The HHS Office of Civil Rights has defined an incidental use or disclosure as"a secondary use or disclosure than cannot reasonably be prevented, is limited in nature, and that occurs as a result of another use or disclosure that is permitted by the Rule." 12.2. For example, where multiple patients are taken in an ambulance, it is possible that one patient could overhear you discussing the condition of the second patient. There will be times this disclosure is unavoidable and it would be permitted so long as it was related to patient treatment. 12.3. ACCESS crews should take every opportunity to minimize these disclosures, but where it is unavoidable, focus first on patient care and treatments. APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT Page 232 Item#13. 13. PATIENT RIGHTS: 13.1. The Privacy Rule granted patients important new rights with respect to their PHI information. These rights include: 13.1.1. Access to their own PHI. 13.1.2. Ask for amendments if they believe their PHI to be inaccurate. 13.1.2.1. Must grant or deny a requested amendment within 60 days of receipt of patient's request. 13.1.2.2. If granted, we must revise the affected records and notify other persons or entities that might possess the same PHI. 13.1.2.3. A denial of the patient's request for access must be in writing, and must give the patient the grounds upon which the request is being denied. 13.1.2.4. Denial must also advise patient of their right to submit a written statement disagreeing with our denial, and advise patient of their right to file a complaint with the HHS. 13.1.2.5. If another covered entity notifies us that it has amended records related to a patient's PHI,we are required to amend any affected records in our possession. 13.1.3. Make complaints regarding organization's use or misuse of their PHI. See "Complaint Handling and Resolution Policy". 13.1.4. Access PHI in electronic format if PHI is in electronic format. 13.1.5. Request to not use PHI to submit claim to insurer for payment if they pay the entire billing in full 13.1.6. Receive `accounting' of all non TPO disclosures. 14. HIPAA BREACH NOTIFICATION: 14.1. Section 13402 of the American Reinvestment and Recovery Act of 2009 added the requirement that covered entities notify the affected individual upon the unauthorized use or disclosure of PHI in their possession. 14.2. A breach is treated as"discovered" on the first day we learn of the breach or could have learned of the breach had we exercised reasonable diligence. 14.3. When required to notify an affected individual, it must be by first class mail to the individual's last known address. We can give notification via email if individual has previously agreed to receive such notifications by email, Where an individual is deceased,notification should APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT Page 233 Item#13. be made to the next of kin or the individual's personal representative. 14.4. If the contact information is out-of-date for fewer than 10 individuals, substitute notice can be made by telephone or other means. If it is out- of-date for 10 or more individuals, substitute notice can be given in the form of: 14.4.1. A conspicuous posting for at least 90 days on home page of website. 14.4.2. A conspicuous notice in a major newspaper or on a broadcast network 14.4.3. For breaches involving the unsecured PHI of 500 or more individuals —please contact your Compliance Officer as there are specific requirements to follow-up. 15. ELECTRONIC PHI 15.1. Every user should have unique ID and password, and take security precautions, especially when electronic devices are left unattended. DO NOT SHARE PASSWORDS or download copies of patient data onto thumb drive or other portable device unless authorized to do so. Do not give lock combinations to an unauthorized person. 16. SUMMARY 16.1. PHI maybe used for treatment or patient care,payment, and healthcare operations (TPO). 16.2. The HIPAA Compliance Officer, Steve Boyenger, ACP, oversees policies and procedures and should be first point of contact. 16.3. PHI may be disclosed to law enforcement in limited, specific situations. 16.4. Take extra attention when: 16.4.1. Communicating with media. 16.4.2. Using social networking sites 16.4.3. Texting, posting, or blogging about any patient information 16.4.4. Releasing, verifying, or confirming patient information 16.5. Get written authorization from patient or personal representative when fulfilling requests for PHI from attorneys. All requests for PHI will be handled by the Ada County Paramedics administration office. APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT Page 234 Item#13. From: Charlie Butterfield To: Ted Baird Cc: Judy Gerhart Subject: RE:Joint Powers Revised Agreement and Community Advisory Board Resolution Date: Friday,January 29,2021 11:55:29 AM Attachments: image001.ona Yes, I will work with Judy on this. Thanks From:Ted Baird Sent: Friday,January 29, 2021 11:54 AM To: Robert Simison <rsimison@meridiancity.org>; Bill Nary<bnary@meridiancity.org>; Michelle Albertson <malbertson@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org>; Charlie Butterfield <cbutterfield@meridiancity.org> Cc: Emily Kane<ekane@meridiancity.org> Subject: RE:Joint Powers Revised Agreement and Community Advisory Board Resolution Well then, Charlie can you work with Judy to put the item on the next available consent agenda? (Unless there is a need for a Department Report). Ted W. Baird Deputy City Attorney 208-898-5506 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: Robert Simison Sent: Friday,January 29, 2021 11:45 AM To:Ted Baird <tbairclPmeridiancity.org>; Bill Nary<bnaryl@meridiancity.org>; Michelle Albertson <malbertson(@meridiancity.org>; Chris Johnson <ciohnson(@meridiancit)1.org>; Charlie Butterfield <cbutterfield(@meridiancity.org> Subject: RE:Joint Powers Revised Agreement and Community Advisory Board Resolution Hopefully not opposed as he and I were on a call yesterday where it was unanimously supported. Mayor Robert Simison City of Meridian 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:Ted Baird Page 235 Item#13. Sent: Friday, January 29, 2021 11:34 AM To: Robert Simison <rsimison(@meridiancity.org>; Bill Nary<bnary(@meridiancity.org>; Michelle Albertson <malbertson(@meridiancity.org>; Chris Johnson <ciohnsonPmeridiancity.org>; Charlie Butterfield <cbutterfield(cDmeridiancity.org> Subject: RE: Joint Powers Revised Agreement and Community Advisory Board Resolution The redlined text appears to be consistent with the items stated in the Statement of Purpose. Does Charlie have any concerns about the amendments? Ted W. Baird Deputy City Attorney 208-898-5506 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: Robert Simison Sent: Friday, January 29, 2021 11:16 AM To: Bill Nary<bnaryl@meridiancity.org>;Ted Baird <tbaird(@meridiancity.org>; Michelle Albertson <malbertson(cDmeridiancity.org>; Chris Johnson <ciohnson(@meridiancitk.org>; Charlie Butterfield <cbutterfield(@meridiancity.org> Subject: FW: Joint Powers Revised Agreement and Community Advisory Board Resolution --------Original message -------- From: Stacy Winn <swinn(@adacounty.id.gov> Date: 1/29/21 11:07 AM (GMT-07:00) To: Matthew Reed <mreed(@adacounty.id.gov>, Amanda Brown <abrown(@cityofboise.org>, Angi McBride-Eagle Fire<amcbride(cDeaglefire.org>, Bud Beatty<mgbudbeatty(cDgmail.com>, Charlie Butterfield <cbutterfield(@meridiancity.org>, Chloe Ross <cross(@cityofboise.org>, Elaine Clegg <eclegg(@cityofboise.org>, Gary Stillwell <gstillwell(CDeaglefire.org>, Greg Timinsky <gtiminsky(@starfirerescue.org>, Joe Bongiorno<ibongiorno(@meridiancity.org>, "Jon Roundy (jroundy(@cit)1ofboise.org)" <iroundy(@cit)1ofboise.org>,Josha Iverson <iiverson(@meridiancity.org>, Judy Gerhart<igerhart(@meridiancity.org>, "Krystal Hinkle (khinkle(@kunafire.com)" <khinkle(@kunafire.com>, IsnightCcDcityofboise.org, "Mark Niemeyer (mniemeyer(@cityofboise.org)" <mniemeyer(@cityofboise.org>, City Clerk<CityClerk(@meridiancity.org>, Mike Smith-Kuna Fire Commissioner<msmith(@kunafire.com>, Nancy Werdel <nwerdel(@adacounty.id.gov>, "Phil Roberts (proberts(@kunafire.com)" <proberts(@kunafire.com>, "Randall Feaster(rfeaster(@kunafire.com)" <rfeasterPkunafire.com>, Robert Simison <rsimison(@meridiancity.org>, rward(@starfirerescue.org, smartin(@starfirerescue.org, "Suzie Markowski (smarkowski(@cityofboise.org)" <smarkowski(@cityofboise.org>, "Tyler Lewis (tlewisPeaglefire.org)" <tlewis(@eaglefire.org> Subject: Joint Powers Revised Agreement and Community Advisory Board Resolution Page 236 Item#13. External Sender-Please use caution with links or attachments. Good morning, This notice will be the Official Service requesting approval or disapproval of the proposed amendments to the Joint Powers Agreement, by the parties to the JPA. Each party to the JPA (District, City and/or Agency) needs to please provide me with their approval or disapproval within 60 days of this notice. Signature of the Revised Joint Powers Agreement will signify approval of the Agreement. Please return signed pages to me within 60 days of this notice. Attached please find a Statement of Purpose and the Revised Joint Powers Agreement in the redline version and the unsigned final version for your review. Please feel free to let me if there are any questions. Thank you. Have a great weekend. Stacy Winn Office Administrator Ada County Paramedics (208) 287-2966 swinn@adacounty.id.gov www.adacountvr)aramedics.org AdaauntyPramedic We re in it for t_ : Confidentiality Notice: This message and any attached files contain information intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is privileged,confidential,or otherwise protected from disclosure under applicable law. If you are not the intended recipient,you are hereby notified that viewing,copying,disclosure or distribution of this information with unauthorized individuals may subject you to legal penalties. If you have received this communication in error,please notify the sender immediately,by electronic mail or by telephone at(208)287-2962 and delete the original message without making copies. Page 237 Item#13. State me nt of Purpo s e for Ame ndme nts to: RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY Purpose of Proposed Amendments to the Agreement: 1. To provide for consistent use of the acronym "ACCESS" and/or "System" to refer to the Ada County-City EMS System and clarify that all parties, except Kuna Rural Fire District, are licensed as a single EMS entity with various levels of EMS licenses issued by the state of Idaho. 2. To remove the power of the Joint Powers Board to provide recommendations to a party's governing body regarding that party's licensure level within the System. 3. To clarify the joint responsibilities between the parties for the System budget, recognizing both the use of the ACEMS District property tax levy and the contributions of all parties, with a goal of shared resources and efficiencies. 4. To remove references to the use of property tax funds levied by the ACEMS District commencing in the fourth renewal year of the JPA. 5. To provide that Kuna agrees to maintain its own state-issued license. 6. To provide that the ACEMS District will purchase all necessary disposable medical supplies for agencies operating under the System license. 7. To establish that the System Medical Directorate consists of a minimum of two (2) Medical Directors, to be provided through party contributions made part of the System budget. If there are any questions concerning the proposed Amendments, please contact Stacy Winn, at ACEMS at swinn(a-,adacounty.id.gov Page 238 Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Grantee Agreement for the Meridian Small Business Grant Program Page 239 Item#14. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Tori Cleary, Community Development Meeting Date: February 9, 2021 Presenter: Tori Cleary Estimated Time: 0.0 Topic: Approval of Grantee Agreement for the Meridian Small Business Grant Program Recommended Council Action: Approve one Grantee Agreement for the Meridian Small Business Grant Program. The following Grantee has been approved through the City's Municipal Small Business Grant Program made possible through Coronavirus Aid, Relief, and Economic Security Act (CARES) Act funding. The Grantee, grant amount, and grant purpose is listed below: Amount Grantee Approved PPE Testing Inventory Equipment Rent Utilities Heritage Auto,Inc.dba Heritage Auto Repair $15,000.00 x Background: This Agreement is for Council 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. With more than $1.2 million in requests in the application queue, the Program officially closed on December 30.As of February 2, 2021, the State has approved and funded 112 applications, totaling$888,444.37 in grant awards. Staff is finalizing the Program and will be submitting the final few applications for State approval in the next week, pending receipt of all required applicant documentation. Page 240 Ifem#14. AGREEMENT BETWEEN CITY OF MERIDIAN AND HERITAGE AUTO, INC., DBA HERITAGE AUTO REPAIR FOR IDAHO REBOUNDS MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this day of 3 ,� , 2p21 by and between the City& A of Meridian., a municipal corporation organized under the laws of t& state of Idaho (c4city") and Heritage Auto , Inc . DBA Heritage Auto Repair, a general business 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.Q . § 6 1 et seq . (the "CARES Act"),, the State of Idaho ( "State"') created the Idaho Rebounds — 1Vlunicipal Small Business grant ("MSBG") pro gram t o he 1p loc a l bu sines se s and organizat io ns affected by C OVID- 19 p andemic, enab l ing c it ies and counties to provide aid within their cominut�i ty, including by the provision of economic support to those suffering from employment or business interruptions due to I DVl .......... 9- 111111 ed business closures or limitat ions; and WHEREAS, pursuant to the State ' s approval of Meridi'an ' 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 faith in Title V, section 5001 of the CARES Apt; Idaho Governor' s Executive Order Nos . 2020-07 , 2020-08 , and 2020-08A -' U . S. Treasury ' s Coronavir-us Relief Fund Guidance for State, Ten itorial, 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 Riles") ; 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 f-Linds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the Statel 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 provisl' onal, 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. ActiAties. Grantee shall use City ' s MSBG finds in an amount not to exceed fifteen thousand dollars ($ 15 ,000) , for the approved expenses, as set forth in Exhl*bit 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 FADE I Page 241 Ifem#14. 1 . Grantee has SQL or fearer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city 116-nits . 3 . Grantee has an official EIN . 4. Grantee is an Idaho-domiciled business . 5. (3nntee 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. 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 . 10. Grantee is compliant in all respects with all GOVID- 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, Grandee shall immediately notify the City " s Economic Development Admm' istrator - 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. 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 IPR.A 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 fiends received will be identified an the transparent. idaho - gov vvebsite and on the City of Meridian ' s Economi' c 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 shad have no MSBG GRANTEY: AGREEMENT pAGE 2 Page 242 Item#14. 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 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 le al 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 Heritage Auto, Inc . DBA Heritage ALIto Repair Attn : Economic Development Administrator ATTN : Rebecca Zanders, Vice--President 33 E. Broadway Avenue 324 W. Claire 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 here i*n provided. C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests., and/or invitees shall liold harmless, defend and indemnify pity from and for all losses, claims, actions, liabilities, and/or j udgments for: damages or injury to persons or property and/or lasses 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 torfious 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, cosh 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 Forty may termiDnate this Agreement for cause by providing written noti ce 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 shah 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 pity grant programming. 1 . Termination for convenience-, pity may terminate this Agreement by, at least thirty (30) days 1. before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. Z. Termination for cause. Termination of this Agreement, in whale 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 flil' s Agreement, the MSBG Rules', or any rule, regulation, statute, executive order, or U. S . Treasury, Statc, or City guideline., policy or MSSG GRANTEE AGREEMENT PAGE 3 Page 243 Item#14. directive as may became 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 ulcoi-nplete 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 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 perfoi-mance of any term of this Agreement shall not constitute a waiver or relinquishment of any pai-ty' s right to thereafter enforce such teen, 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 herel"11. 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 aniend 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 : H em rkage Auto, Inc . DBA Heritage Auto Repair ebecca Zander V ice-President CITY : City of Meridian Attest: By: Robert E . Simison, Mayor Chris Johnson., City Clerk Dated: 2-9-2021 Dated 2-9-2021 1VISBG GRANTEE ACi1ZL'EM ENT PAGE 4 Page 246 Item#14. EXHIBIT A : APPROVED EXPENSES Eligible Expense Amount Rent - October � 7750.00 Rent - November 7750 00 � Total Eligible Expenses 15,500. 00 Approved Amount L 15,000 .00 MSBG GRANTEE AGREEMENT PAGE S Page 245 Item#15. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 21-2255: A Resolution Authorizing the Eleventh Continuance of a Local Disaster Emergency Declaration and its Terms for an Additional Thirty (30) Days; Authorizing the Continued Immediate Expenditure of Public Money to Safeguard Life, Health and Property; and Providing an Effective Date Page 246 ADA COUNTY RECORDER Phil McGrane 2021-022024 BOISE IDAHO Pgs=3 KRISTINA LOWRY 02/10/2021 09:46 AM CITY OF MERIDIAN, IDAHO NO FEE RESOLUTION NO. 21-2255 BERNT, BORTON, CAVENER, BY THE COUNCIL: HOAGLUN, PERREAULT, STRADER A RESOLUTION AUTHORIZING THE ELEVENTH 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, WEALTH 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 12th, 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 9th, 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 I Ith, 2020, the City Council of the City of Meridian passed Resolution 20-2222 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Page I Item#15. WHEREAS, on September 8th, 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 13th 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 4th, 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 8th, 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, on January 5th. 2021, the City Council of the City of Meridian passed Resolution 20-2252 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; 20-2246, and 20- 2252 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 February 10, 2021, and shall establish and continue an uninterrupted period of Emergency Declaration from March 17, 2020 through midnight on March 11, 2021. RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Page 2 page 248 Item#15. Section 4. That this resolution shall supersede and void all other resolutions, orders, or parts thereof that may conflict herewith. Section 5. That a copy of this resolution shall be promptly filed with the Ada County Recorder. ADOPTED by the Council of the City of Meridian, Idaho,this 9th day of February, 2021. APPROVED by the Mayor of the City of Meridian, this 91h day of February, 2021. Robert E. Simison Mayor ATTEST: Chris Johnson City Clerk STATE OF IDAHO ) ss County of Ada ) On this 9th day of February 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 Idahq Residing at: Meridian, Idaho Commission expires: 3-28-2022 RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Page 3 page 249 Item#16. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Transportation Commission 2020 End of Year Report Page 250 Item#16. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Agenda Topic on the City Council Agenda From: Meridian Transportation Commission Meeting Date: February 9, 2021 Presenter: Walter Steed, Chair Estimated Time: 15 minutes Topic: Transportation Commission 2020 End of Year Report Meridian Transportation Commission -Walter Steed, Chair -Stephen Lewis -Tom LeClaire -Jared Smith,Vice-Chair -Tracy Hopkins -Joseph Leckie -David Ballard -Ryan Lancaster -Zachary Shoemaker The Meridian Transportation Commission (TC) was formed in February 2013 with Ordinance No. 13-152. The Commission consists of nine appointed commissioners and meets on the first Monday of each month, except September, in the Council Chambers. David Ballard and David McKinney served as Chair and Vice-Chair(respectively) in 2020. Councilman Luke Cavener and representatives from ITD District 3,ACHD,COMPASS,Valley Regional Transit(VRT), and the West Ada School District serve as ex-officio members. Planning Division Manager Caleb Hood and Comprehensive Associate Coordination Planner Miranda Carson provide staff support, Sergeant Brandon Frasier provides regular updates from the Police Department perspective,and Ted Baird and Emily Kane,City Attorneys,provide legal guidance. City Staff provides monthly updates to the Commission regarding the progress of projects that are in construction or soon to be constructed. Additional City staff and additional staff from the ex-officio agencies interact with the Commission from time-to-time as do members of the public. In 2020, the Commission welcomed new members Walter Steed and Jared Smith. Last month Commissioner Walter Steed was elected Chair and Jared Smith was elected Vice-Chair of the Commission for 2021.Two other members, David McKinney and Ryan Hall, left the Commission. In January 2020, the TC heard concerns regarding vehicular, bicycle and pedestrian flow near the YMCA and Hillsdale Elementary and determined the School Zone subcommittee would meet to discuss the issue further. John Tomlinson, ITD presented information on 2018 crash data. The TC also discussed the alignment of a proposed new fixed transit route. In February,The TC further discussed the flow around Hillsdale Elementary and voted to recommend City Council support busing on the west side of Eagle Road.The TC discussed the ACHD Integrated Five-Year Work Plan(IFYWP) 2020 Roadways, Intersections and Community Programs Priorities. Valley Regional Transit's (VRT) Stephen Hunt presented information on the proposed new fixed Transit route. In March, the TC forwarded the finalized ACHD Integrated Five-Year Work Plan (IFYWP) 2020 Roadways, Intersections and Community Programs Priorities to Council. Edinson Bautista, ACHD Senior Transportation Planner, introduced himself and gave a presentation on the North Meridian Bike & Pedestrian Project. The widening of Fairview,from Locust Grove to Eagle Road was discussed, as was the future role of the TC. Page 251 Item#16. The April meeting was cancelled. In May,Jared Smith was introduced as a new Commissioner, and Commissioner Ryan Hall's appointment expired and he did not seek reappointment.A brief discussion from the TC took place around the COVID implications and their impacts on transportation project delays, budgets and the gas tax. The May meeting agenda was light as to test the new Zoom technology. In June, Lisa Itkonen gave a presentation on the draft COMPASS Communities in Motion (CIM) 2050 scenarios. The TC discussed the possibility of a City ordinance regarding the direction of downtown alleyways. Mr. Hood provided updates on and there was discussion of Fairview from Locust Grove to Eagle widening project.The future role of the TC was further discussed and subcommittees were established to address the topic. In July, Walter Steed was introduced as a new Commissioner. Downtown alleyways were further discussed and Lindsey Bowshire, Meridian Downtown Business Association (MDBA) President, addressed the TC on the topic. Sgt Fraiser provided an update on the COVID impact on transportation and opened a discussion on the legality of ATV/UTV's driving on Meridian roadways. There was discussion on the potential reduction of a citywide speed limit standard from 25 MPH to 20 MPH and school zone speed limits. A motion to reduce the speed limits failed. Stephen Hunt, VRT provided an update regarding the fixed route transit expansion in Meridian and the stop locations for a new route. Mr. Hood provided a summary of a June one and a half day walk audit workshop. In August,the Future Role of the TC subcommittee proposed that 3 subcommittees be formed to address the TC's major focus areas. Further discussion of the legality of ATV/UTV's driving on Meridian roadways took place. A concern was raised by a citizen regarding noise abatement on US 20/26 near the Bainbridge neighborhood.Steven Yearsley of the Tuscany HOA brought concerns regarding multi-use pathway crossings in the Eagle, Amity to Victory project design.A motion passed to request Council send a letter to ACHD to reevaluate the crossing designs in the project.The ACHD Draft 2021-2025 work plan was discussed and a motion was passed to support it. In September, a motion passed to form 2 new standing subcommittees: 1) Project Review and Ordinance and 2) Development. The motion also included purpose statements for each subcommittee including the already established School Zone subcommittee.There was a brief discussion on the City stance on Shared Vehicles ending in a motion to allow Spin's request to provide a presentation to the TC on a pilot project in Meridian. In October, the Ordinance and Development subcommittee gave an overview on their discussion of a possible ATV/UTV ordinance. In November, the School Zone subcommittee gave an overview on their discussion of a proposed roundabout at Eagle and Taconic and general discussion of alternative intersections. The Ordinance and Development subcommittee gave an overview on their continued discussion of a possible ATV/UTV ordinance.The procedures of the subcommittees were discussed. Spin sent a presentation for review by the TC. In December, Commissioner David McKinney informed the Commission he would be stepping down to take his new ACHD Commission seat. Stephen Hunt, VRT presented updates on the: cooperative agreement, Harvest Transit and potential enhancements (including service to the Boise Veterans Administration), and fixed route service expansion. Discussion began on the ACHD FY 21-25 work plan requests prioritization. The Ordinance and Development subcommittee gave an overview on their continued discussion of a possible ATV/UTV ordinance. Ryan Lancaster gave an educational presentation on Roundabouts and Alternative Intersections. A complete record of TC minutes can be found here: https://weblink.meridiancity.org/WebLink/Browse.aspx?id=180116&dbid=0&repo=MeridianCity.The Commission is grateful for the opportunity to provide service to the citizens of Meridian and to actively shape the transportation systems of our City. Page 252 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Discussion and Approval of Ada County Highway District Integrated Five-Year Work Plan Project Requests and Prioritization Page 253 Item#17. C� fIER4,, 3AH � MEMO TO CITY COUNCIL Agenda Topic on the City Council Agenda From: Miranda Carson, Coordination Planner Meeting Date: February 2, 2021 Presenter: Miranda Carson Estimated Time: 20 minutes Topic: ACHD Integrated Five-Year Work Plan Priorities On November 41h, the City received a letter from ACHD notifying us that work was starting on the FY2021-2025 Integrated Five-Year Work Plan (IFYWP).Annually, the City prepares transportation priority lists for the transportation agencies to consider in their programming and budget processes. Over the past few months, the Transportation Commission has reviewed the prioritization of roadway and intersection projects and Community Programs (CP) projects (e.g. - sidewalks). The Transportation Commission recommends the attached prioritization. After Council consideration and approval, the finalized request form will be sent to ACHD.ACHD is requesting all project requests be submitted no later than February 241h, 2021 ACHD has updated an online interactive prioritization tool for use when preparing request lists. This includes the adopted 21-25 IFYWP map which can be found here: https://achd.maps.arcgis.com/apps/MapSeries/index.html?appid=727c6dccbbcf492abcadblflf8 2e36af Attachments: ACHD Prioritization Request Form City Roadways and Intersections Projects Map City Community Programs Projects Map ACHD Level of Service Map Page 254 Meridian 2021 Prioritization Request Form Updates include draft FY2021-20251FYWP. Programming status is subject to change.. Ranking Instructions: 1. Rank your project request using only one number per project(Please avoid using 2a,2b,2c,etc.). 2. Utilize the first column to reevaluate your prioritization ranking. Adjust as needed. 3. Blank lines are provided at the end of each category to add additional projects.Provide a clear description of the project request. 4. Remember to identify projects for removal. 2021 2020 Current IFYVIP Programming Status Priority Priority Ranking Ranking Agency Project Name Agency Project r ACHD Response ACHD Implementation Project Name Roads&Intersections Widen Locust Grove Rd to 5 lanes with curb, gutter, sidewalk and bike lanes in accordance 1 1 Locust Grove Rd,Victory Rd/Overland Rd with the 2016 CIP. 2019 2020-2021 2022 Project to be built in 2022. Locust Grove Rd,Victory Rd/Overland Rd Widen Linder Rd to 5 lanes and construct a new 4 lane 1-84 overpass, including curb, gutter, Project added to IFYWP for discussion purposes. sidewalk,and bike lanes in accordance with the ACHD to coordinate with ITD on request. Project 2016 CIP. Project would be a joint project to move forward when funding partnership is 2 2 Linder Rd,Overland Rd/Franklin Rd between ACHD and ITD Future Future Future possible. Linder Rd,Overland Rd/Franklin Rd Widen Locust Grove Rd to 5 lanes with curb, gutter, sidewalk, and bike lanes in accordance Not Not Not Per City request, ACHD to coordinate with 3 3 Locust Grove Rd,Fairview Ave/Ustick Rd with the 2016 CIP. Programmed Programmed Programmed Meridian to discuss scope. Locust Grove Rd,Fairview Ave/Ustick Rd Widen intersection to 9 lanes on Fairview Ave and 7 lanes on Locust Grove Rd, including curb, gutter, sidewalk, and bike lanes in accordance 4 4 Fairview Ave and Locust Grove Rd with the 2016 CIP. 2020-2021 2021-2022 2023 Project to be built in 2023. Fairview Ave and Locust Grove Rd Widen Ten Mile Rd to 5 lanes with curb,gutter, sidewalk,and bike lanes in accordance with the 5 6 Ten Mile Rd,Victory Rd/Overland Rd 2016 CIP. 2019 2020-2021 2022-2023 Project to be built in 2022-2023. Ten Mile Rd,Victory Rd/Overland Rd Widen Victory Rd to 3 lanes with curb,gutter, sidewalk,and bike lanes in accordance with the 6 7 Victory Rd,Locust Grove Rd/Eagle Rd 2016 CIP. 2023 2024 Future Project to begin design in 2023. Victory Rd,Locust Grave Rd/Eagle Rd Widen Ustick Rd to 5 lanes with curb,gutter, sidewalk,and bike lanes in accordance with the 7 8 Ustick Rd,Ten Mile Rd/Linder Rd 2016 CIP. 2022 2023 2025 Project to be built in 2025. Ustick Rd,Ten Mile Rd/Linder Rd Widen Linder Rd to 3 lanes with curb,gutter, sidewalk,and bike lanes in accordance with 2016 8 9 Linder Rd,Cherry Ln/Ustick Rd CIP. 2025 Future Future Project to begin design in 2025. Linder Rd,Cherry Ln/Ustick Rd Widen Locust Grove Rd to 3 lanes with curb, Not Not Not To be evaluated and prioritized for possible 9 10 Locust Grove Rd,Amity Rd/Victory Rd gutter,sidewalk,and bike lanes. Programmed Programmed Programmed inclusion into future IFYWP updates. Locust Grove Rd,Amity Rd/Victory Rd Widen Victory Rd to 3 lanes with curb,gutter, sidewalk,and bike lanes in accordance with the 10 11 Victory Rd,Meridian Rd/Locust Grove Rd 2016 CIP. 2023 2024 1 2025 Project to be built in 2025. Victory Rd,SH 69(Meridian Rd)/Locust Grove Rd Intersection improvements to include dual left 11 12 Ten Mile Rd/Cherry Ln turn lanes. 2025 Future Future Project to begin design in 2025. Ten Mile Rd and Cherry Ln Intersection improvements to include dual left 12 13 Eagle Rd/Overland Rd turn lanes. 2025 Future Future Project to begin design in 2025. Overland Rd and Eagle Rd Widen McMillan Rd to 3 lanes with curb,gutter, Not Not Not To be evaluated and prioritized for possible McMillan Rd,SH 69(Meridian Rd)/Locust Grove 13 14 McMillan Rd,Meridian Rd/Locust Grove Rd sidewalk,and bike lanes. Programmed Programmed Programme inclusion into future IFYWP updates. Rd 41 Widen McMillan Rd to 3 lanes with curb,gutter, Not Not Not To be evaluated and prioritized for possible 14 15 McMillan Rd,Linder Rd/Meridian Rd sidewalk,and bike lanes. Programmed Programmed Programmed inclusion into future IFYWP updates. McMillan Rd,Linder Rd/SH 69(Meridian Rd) Construct a multi-lane roundabout with 2 lanes on Locust Grove legs and 1 lane on Victory legs in 15 16 Victory Rd and Locust Grove Rd Roundabout accordance with the 2016 CIP. 2019 2020-2021 2022-2023 Project to be built in 2022-2023. Victory Rd and Locust Grove Page 255 Widen intersection or add roundabout in Item#17. accordance with the Master Street Map.Traffic analysis should determine the ultimate lane configuration based on above projects in the 20 17 Ten Mile Rd and Victory Rd area. 2019-2020 2020-2021 2022-2023 Project to be built in 2022-2023. Ten Mile Rd and Victory Rd Widen Meridian Rd to 3 lanes with curb,gutter, sidewalk,and bike lanes in accordance with the Meridian Rd,McMillan Rd/US 20/26(Chinden 21 18 Meridian Rd,McMillan Rd/Chinden Blvd 2016 CIP. 2023 2024 Future Project to begin design in 2023. Blvd) Widen Locust Grove Rd to 3 lanes with curb, gutter, sidewalk, and bike lanes in accordance r Not Not Not I To be evaluated and prioritized for possible 16 19 Locust Grove Rd,Ustick Rd/McMillan Rd with the 2016 CIP. Programmed Programmed Programmed inclusion into future IFYWP updates. Locust Grove Rd,Ustick Rd/McMillan Rd Widen Meridian Rd to 3 lanes with curb,gutter, sidewalk,and bike lanes in accordance with the 17 20 Meridian Rd,Ustick Rd/McMillan Rd 2016 CIP. 2023 2024 Future Project to begin design in 2023. Meridian Rd,Ustick Rd/McMillan Rd Widen and signalize intersection to 4/5 lanes on Eagle and 315 lanes on Lake in accordance with 22 21 Lake Hazel Rd and Eagle Rd the 2016 CIP. 2020 2021-2022 2022 Project to be built in 2022. Lake Hazel Rd and Eagle Rd Widen and signalize intersection to 5 lanes on Linder Rd and 6 lanes on Overland Rd in Not Not Not Defer. Operating at a LOS D or better. 23 22 Overland Rd and Linder Rd accordance with the 2016 CIP. Programmed Programmed Programmed Reevaluate as conditions change. Overland Rd and Linder Rd Construct a dual lane roundabout in accordance Not Not 18 23 Ustick Rd and Black Cat Rd with the 2016 CIP. Programmed Programmed 2021 Interim Signal to be constructed in 2022. Ustick Rd and Black Cat Rd Widen to S lanes with curb,gutter,sidewalk,and Not Not Not Defer. Operating at a LOS D or better. 19 24 Ustick,Black Cat to Ten Mile bike lanes. Programmed Programmed Programmed Reevaluate as conditions change. Ustick Rd,Black Cat Rd/Ten Mile Rd Widen to 3 lanes with curb,gutter,sidewalk,and Not Not Not Defer. Operating at a LOS D or better. 24 25 Victory,Linder to Meridian bike lanes. Programmed Programmed Programmed Reevaluate as conditions change. Victory Rd,Linder Rd/SH 69(Meridian Rd) Widen Franklin Rd to 5 lanes with curb,gutter, Not Not Not To be evaluated and prioritized for possible 25 27 Franklin Rd,McDermott Rd/Black Cat Rd sidewalk,and bike lanes. Programmed Programmed Programmed inclusion into future IFYWP updates. Franklin Rd,McDermott Rd/Black Cat Rd Not Not Not To be evaluated and prioritized for possible 26 28 Eagle Rd/Franklin Rd Not provided Programmed Programmed Programmed inclusion into future IFYWP updates. Eagle Rd and Franklin Rd Construct a roundabout.Project includes bridge 27 29 Ten Mile Rd and Amity Rd #205AX. 2018 2019-2020 2021 Project to be built in 2021. Ten Mile Rd and Amity Rd Widen intersection to 4 lanes Linder Rd and 5/6 lanes on Cherry Ln in accordance with the 2016 Not Not Not To be evaluated and prioritized for possible 28 30 Cherry Ln and Linder Rd CIP. Programmed Programmed Programmed inclusion into future IFYWP updates. Cherry Ln and Linder Rd Widen intersection to 5/6 lanes on Black Cat Rd and 5 lanes on Cherry Ln in accordance with the Not Not Not Defer. Operating at a LOS D or better. 29 31 Cherry Ln and Black Cat Rd 2016 CIP. Programmed Programmed Programmed Reevaluate as conditions change. Cherry Ln and Black Cat Rd Widen Fairview Ave to 7 lanes with curb,gutter, sidewalk,and bike lanes in accordance with the Not Not Not Defer. Operating at a LOS D or better. 30 32 Fairview Ave,SH 55(Eagle Rd)/Cloverdale Rd 2016 CIP. Programmed Programmed Programmed Reevaluate as conditions change. Fairview Ave,SH 55(Eagle Rd)/Cloverdale Rd Widen Linder Rd in accordance with the 2016 CIP. Cross section to be determined through concept design. Project includes bridges #1078, #2033, Linder Rd,Chinden Blvd(US 20126)/SH 44(State 31 33 Linder Rd,Chinden Blvd(US 20/26)/SH 44(State St) #2034,#2035,and#2036. 2024-2025 Future Future 1 Project to begin design in 2024-2025. St) Widen Fairview Ave to 7 lanes with curb,gutter, sidewalk,and bike lanes in accordance with the 32 34 Fairview Ave,Locust Grove Rd/SH 55(Eagle Rd) 2016 CIP. 2020-2021 2021-2022 2023 Project to be built in 2023. Fairview Ave,Locust Grove Rd/SH 55(Eagle Rd) Widen Fairview Ave to 7 lanes with curb,gutter, sidewalk,and bike lanes in accordance with the Not Not Not Defer. Operating at a LOS D or better. 33 35 Fairview Ave,Meridian Rd/Locust Grove Rd 2016 CIP. Programmed Programmed Programmed Reevaluate as conditions change. Fairview Ave,Meridian Rd/Locust Grove Rd Widen Cherry Ln to 5 lanes with curb,gutter, Not Not Not Defer. Operating at a LOS D or better. 34 1 36 Cherry Ln,Linder Rd/Meridian Rd sidewalk,and bike lanes. Programmed Programmed Programmed Reevaluate as conditions change. Cherry Ln,Linder Rail Meridian Rd Improve safety and traffic operations along Fairview Ave in accordance with the Fairview Project to be implemented through development. Avenue Corridor Management Strategy. Project ACHD and Meridian to coordinate Fairview Ave Corridor Management,Linder may include bicycle and pedestrian facilities and Not Not Not implementation as development applications are Fairview Ave Corridor Management,Linder Rd/ 35 37 Rd/Orchard St other access management treatments. Programmed Programmed Programmed processed. Orchard St Widen Ten Mile Rd to 5 lanes with curb,gutter, Not Not Not Defer. Operating at a LOS D or better. 36 1 38 Ten Mile Rd,Amity Rd/Victory Rd sidewalk,and bike lanes. Programmed Programmed Programmed Reevaluate as conditions change. Ten Mile Rd,Amity Rd/Victory Rd Extend roadway and construct streetscape improvements, including curb,gutter,sidewalk, and improved UPRR crossing,from Carlton Ave to Fairview Ave in accordance with the Downtown Not Not Not Defer until completion of Phase 1 (Franklin to 37 39 East 03rd St Extension,Carlton St/Fairview Ave(Phase 2) iMerldian Neighborhood Plan. Programmed Programmed Programmed Carlton). East 03rd St,Carlton St/FarPage Broadway Ave/Idaho Ave Extension,East Not Not Not Defer. To be considered as properties Broadway Ave/Idaho Ave 38 40 O6th St/Locust Grove Rd Not rovided Pro rammed Programmed Programmed redevelo ment. Locust Grove Rd 256 Construct a multi-lane roundabout in accordance Not Not Item#17. 1 McMillan Rd and Black Cat Rd with the 2016 CIP. Programmed Programmed 2021 Interim Signal to be constructed in 2022. McMillan Rd and Black Cat Rd Widen intersection to 3/4 lanes on Amity and 314 lanes on Black Cat in accordance with the 2016 Not Not Not Defer. Operating at a LOS D or better. 40 42 Amity Rd and Black Cat Rd CIP. Programmed Programmed Programmed Reevaluate as conditions change. Amity Rd and Black Cat Rd Construct a multi-lane roundabout in accordance Not Not Not Defer. Operating at a LOS D or better. 41 43 McMillan Rd and Star Rd with the 2016 CIP. Programmed Programmed Programmed Reevaluate as conditions change. McMillan Rd and Star Rd Construct a single-lane roundabout in accordance Not Not Not Defer. Operating at a LOS D or better. 42 44 Amity Rd and Linder Rd with the 2016 CIP. Programmed Programmed Programmed Reevaluate as conditions change. Amity Rd and Linder Rd Widen intersection to 3 lanes on McDermott and Not Not Not Defer. Operating at a LOS D or better. 43 45 Cherry Ln and McDermott Rd 5 lanes on Cherry. Programmed Programmed Programmed Reevaluate as conditions change. Cherry Ln and McDermott Rd Construct a single-lane roundabout in accordance 44 46 Franklin Rd and McDermott Rd with the 2016 CIP. 2024 2025 Future Project to begin design in 2024. Franklin Rd and McDermott Rd Widen intersection to 3 lanes on McDermott and 4 lanes on Ustick in accordance with the 2016 Not Not Not Defer. Operating at a LOS D or better. 45 47 Ustick Rd and McDermott Rd CIP. Programmed Programmed Programmed Reevaluate as conditions change. Ustick Rd and McDermott Rd Widen and signalize intersection to 3/4 lanes on McDermott and 3 lanes on in accordance with the Not Not Not Defer. Operating at a LOS D or better. 46 48 McMillan Rd and McDermott Rd 2016 CIP. Programmed Programmed Programmed Reevaluate as conditions change. McMillan Rd and McDermott Rd Construct a single-lane roundabout in accordance Not Not Not Defer. Operating at a LOS D or better. 47 49 Ustick Rd and Star Rd with the 2016 CIP. Programmed Programmed Programmed Reevaluate as conditions change. Ustick Rd and Star Rd Not Not Not Does not currently meet warrants. ACHD to 48 50 Ten Mile Rd and Chateau Dr Signalize intersection. Programmed Programmed Programmed reevaluate as development occurs in the area. Ten Mile Rd and Chateau Or Construct a single-lane roundabout in accordance Not Not Not Defer. Operating at a LOS D or better. 49 51 Lake Hazel Rd and Locust Grove Rd with the 2016 CIP. Programmed Programmed Programmed Reevaluate as conditions change. Lake Hazel Rd and Locust Grove Rd Widen and signalize intersection to 3/4 lanes on Locust Grove and 5/6 lanes on Amity in Not Not 50 52 Amity Rd and Locust Grove Rd accordance with the 2016 CIP. Programmed Programmed 2023 Interim signal to be constructed in 2023. Amity Rd and Locust Grove Rd Construct a single-lane roundabout in accordance Not Not Not Defer. Operating at a LOS D or better. 51 53 Victory Rd and Linder Rd with the 2016 CIP. Programmed Programmed Programmed Reevaluate as conditions change. Victory Rd and Linder Rd Widen Locust Grove Rd to 3 lanes with curb, Locust Grove Rd,McMillan Rd/Chinden gutter, sidewalk, and bike lanes in accordance Not Not Not Defer. Operating at a LOS D or better.Locust Grove Rd,McMillan Rd/US 20/26 52 54 Blvd(US 20/26) with the 2016 CIP. Programmed Programmed Programmed Reevaluate as conditions change. (Chinden Blvd) Widen Ustick Rd to 5 lanes with curb,gutter, Not Not Not Defer. Operating at a LOS D or better. 53 55 Ustick Rd,McDermott Rd/Black Cat Rd sidewalk,and bike lanes. Programmed Programmed Programmed Reevaluate as conditions change. Ustick Rd,McDermott Rd/Black Cat Rd Widen to 3 lanes with curb, gutter, sidewalks I Not Not Not To be evaluated and prioritized for possible 54 56 Pine,Linder to Meridian and/or multi-use or mixed-use bikeway. Programmed Programmed Programmed 1 inclusion into future IFYWP updates. Pine Ave,Linder Rd/Meridian Rd Not Not Not To be evaluated and prioritized for possible 55 57 Eagle Rd/Fairview Ave Not provided Programmed Programmed Programmed inclusion into future IFYWP updates. Eagle Rd and Fairview Ave Intersection improvements requested at entrance I Not Not Not To be evaluated and prioritized for possible 56 58 Lake Hazel/Discovery Park to Discovery Park. Programmed Programmed Programmed inclusion into future IFYWP updates. Lake Hazel Rd and Discovery Park Widen to 5 lanes with curb,gutter,sidewalk,and Not Not Not To be evaluated and prioritized for possible 57 1 59 Amity,Eagle to Cloverdale bike lanes.TBD Programmed Programmed Programmed inclusion into future IFYWP updates. Amity Rd,Eagle Rd/Cloverdale Rd. Not Not Not To be evaluated and prioritized for possible 58 60 1 Amity,Locust Grove to Eagle TBD Programmed I Programmed Programmed I inclusion into future IFYWP updates. Amity Rd,Locust Grove Rd/Eagle Rd Not Not Not To be evaluated and prioritized for possible 59 61 Victory,Ten Mile to Linder TBD Programmed Programmed Programmed inclusion into future IFYWP updates. Victory Rd,Ten Mile Rd/Linder Rd Not Not Not To be evaluated and prioritized for possible 60 62 Black Cat,Cherry to Ustick TBD Programmed Programmed Programmed inclusion into future IFYWP updates. Blact Cat Rd,Cherry Ln/Ustick Rd Not Not Not To be evaluated and prioritized for possible 61 63 Black Cat,Franklin to Cherry TBD Programmed Programmed Programmed inclusion into future IFYWP updates. Blact Cat Rd,Franklin Rd/Cherry Ln Not Not Not To be evaluated and prioritized for possible 62 64 1 Black Cat,Ustick to McMillan TBD Programmed Programmed Programmed inclusion into future IFYWP updates. Black Cat Rd,Ustick Rd/McMillan Rd Not Not Not To be evaluated and prioritized for possible Black Cat Rd,McMillan Rd/US 20126(Chinden 63 65 Black Cat,McMillan to Chinden TBD Programmed Programmed Programmed inclusion into future IFYWP updates. Blvd) Not Not Not To be evaluated and prioritized for possible 64 66 McMillan,Black Cat to Ten Mile TBD Programmed Programmed Programmed inclusion into future IFYWP updates. McMillan Rd,Black Cat Rd/Ten Mile Rd Not Not Not To be evaluated and prioritized for possible 65 67 McMillan,Ten Mile to Linder TBD Programmed Programmed Programmed inclusion into future IFYWP updates. McMillan Rd,Ten Mile Roll Linder Rd 66 68 Eagle,Lake Hazel to Amity TBD 2021 2022 2023 Project to be built in 2023. Eagle Rd,Lake Hazel Rd/Amity Rd Not Not Not To be evaluated and prioritized for possible 67 69 Locust Grove,Lake Hazel to Amity TBD.3-lane? Programmed Programmed Programme inclusion into future IFYWP updates. Locust Grove Rd,Lake Hazel Rd/Amity Rd Widen roundabout to a dual lane roundabout, with curb, gutter, sidewalk, and bike lanes. Project to be constructed concurrently with Eagle 68 26 Eagle Rd and Amity Rd Roundabout(Dual Lane) Rd,Amity Rd/Victory Rd. 2020 2020 2021-2022 Project to be built in 2021-2022. 1 Eagle Rd and Amity Rd R=ounWi en Eage R to S anes wit cur, gutter, sidewalk and bike lanes in accordance with the 69 5 Eagle Rd,Amity Rd/Victory Rd 2016 CIP. 2018 2019-2020 2021-2022 Project to be built in 2021-2022. Eagle Rd,Amity Rd/Vi Item#17. ograms Remove mid-blockcross-walky Hillsdale an add enhanced cross-walks at Lachlan and near Rockhampton/Hill Park St.Update school zone Not Not Not To be evaluated and prioritized for possible Hillsdale Elementary Pedestrian Crossings and 1 6 Stockenham Enhanced Cross-walks signs and flashers. Programmed Programmed Programmed inclusion into future IFYWP updates. School Zone Reconstruct Stoddard Rd,between Victory Rd and Overland Rd to 3-lanes,7'attached sidewalks and bike lanes.Project includes bridge#2085 and an enhanced pedestrian crossing(pedestrian hybrid beacon) at Victory and Stoddard (CM214-27). Stoddard Rd,Victory Rd/Overland Rd(Stoddard Rd,Victory Rd/ Bike lanes may be replaced by a pathway per the 2 2 Kodiak Dr) Bike Master Plan Update. 2022 2023 2024 Project to be built in 2024. Stoddard Rd,Victory Rd/Overland Rd Construct streetscape improvements, including curb, gutter, sidewalk, and improved UPRR crossing, from Franklin Rd to Carlton Ave in accordance with the Downtown Meridian 3 3 East 03rd St,Franklin Rd/Carlton Ave(Phase 1) Neighborhood Plan. 2022 2023 2025 Projects to be built in 2025. East 03rd St,Franklin Rd/Carlton St Extend roadway and construct streetscape improvements, including curb,gutter,sidewalk, and improved UPRR crossing,from Carlton Ave to Fairview Ave in accordance with the Downtown Not Not Not To be evaluated and prioritized for possible 4 14 E.3rd Carlton to Fairview Meridian Neighborhood Plan. Programmed Programmed Programmed inclusion into future IFYWP updates. East 03rd St,Carlton St/Fairview Ave(Phase 2) Complete sidewalk on Washington St, between Not Not Not To be evaluated and prioritized for possible 6 1 15 Washington St,W.07th St/Main St W.07th Stand Main St. Programmed Programmed Programmed inclusion into future IFYWP updates. Washington St 07th St/Main St Complete sidewalks on the south side of Broadway Ave,between West 07th St and West 6 4 Broadway Ave,West 07th St/West 04th St 04th St. 2024 2025 Future Project to begin design in 2024. Broadway Ave,West Oath St/West 04th St Install extruded curb pathway on north side o McMillan Rd between Cortona Way and Goddard Creek Way and detached concrete sidewalk with curbing between Goddard Creek Way and Wild 7 5 McMillan Rd,Ten Mile Rd/Linder Rd Goose Way. 2024 2025 1 Future Project to begin design in 2024. McMillan Rd,Ten Mile Rd/Linder Rd 8 7 East 2 1/2 St,Carlton Ave/Fairview Ave Install sidewalk on the west and/or east side. 2024 2025 Future Project to begin design in 2024. 02nd 1/2 St,Carlton Ave/Fairview Ave Install an enhanced pedestrian crossing of Main 9 9 Main St and King Street Pedestrian Crossing St at King Street. 2024 2024 2025 Project to be built in 2025. Main St and Williams St Pedestrian Crossing Pedestrian improvements on Amity to the YMCA Not Not Not To be evaluated and prioritized for possible 10 37 Amity,Eagle to Hillsdale and City Park. Programmed Programmed Programmed inclusion into future IFYWP updates. Amity Rd,Eagle Rd/Cloverdale Rd. 11 NEW Amity,Meridian to Locust Grove pedestrian improvements Complete sidewalks and add wayfinding signage Not Not Not To be evaluated and prioritized for possible 12 20 Bower St,Meridian Rd/E.03rd St on Bower St,between Meridian Rd and E.03rd St. Programmed Programmed Programmed inclusion into future IFYWP updates. Bower St,Meridian Rd/03rd St Complete sidewalk on the south side adjacent to 13 24 Victory Rd,Glacier Bay Way/Mesa Way county parcel. 2023 2024 2025 Project to be built in 2025. Victory Rd,SH 69(Meridian Raj/Locust Grove Rd Install crosswalk of Capulet Way on the west side Not Not Not To be evaluated and prioritized for possible 14 8 Capulet Way at Siena Elementary of Siena Elementary school micro path. Programmed Programmed Programmed inclusion into future IFYWP updates. Capulet Way Pedestrian Crossing(S/O Falcon Dr) Install sidewalk on south side of Taormina Drive I Not Not Not To be evaluated and prioritized for possible 15 30 Taormina Drive at Maesaia Way near Maesaia Way. Programmed Programmed Programmed inclusion into future IFYWP updates. Taormina Drat Maesaia Way Install crosswalk at intersection of Taconic and Not Not Not To be evaluated and prioritized for possible Taconic Dr and Pioneer Trail Ave Pedestrian 16 16 1 Taconic Dr/Pioneer Pioneer(Hillsdale Subdivision). Programmed 1 Programmed Programmed inclusion into future IFYWP updates. Crossing 17 NEW Lake Hazel Rd,Locust Grove to Eagle pedestrian improvements Construct a detached asphalt or concrete pathway on east side of Locust Grove between 18 1 Locust Grove Rd,Overland Rd/Puffin St Puffin Stand Overland Rd. 2019 2020-2021 2022 Project to be built in 2022. Locust Grove Rd,Victory Rd/Overland Rd Install an enhanced pedestrian crossing (rectangular rapid flashing beacon)on Pine Ave at W 01st St to improve access to Meridian 19 18 Pine Ave and W.1st St Pedestrian Crossing Elementary School. 2025 2025 Future Project to begin design in 2025. Pine Ave and OSst St Pedestrian Crossing Complete sidewalk on the north side of McMillan Rd, between Locust Grove Rd and Red Horse 20 21 McMillan Rd,Locust Grove Rd/Red Horse Way Way. 2024 2025 Future Project to begin design in 2024. McMillan Rd,Red Horse Way/Locust Grove Rd Complete sidewalk on the west side of Linder Rd,I Not Not Not Complete pedestrian facilities existing in this 21 23 Linder Rd,Washington St/Maple St between Washington St and Maple St. Programmed Programmed Programmed section. Linder Rd,Washington St/Maple St Install an enhanced pedestrian signal and lighting Locust Grove Rd and Palermo Dr Pedestrian 22 25 Locust Grove Rd and Palermo Or Pedestrian Signal on the north side of Palermo at Locust Grove. 2022 2022 1 2023 1 Project to be built in 2023. Crossing Install an enhanced pedestrian crossing of Meridian Rd at/near Settlers Park entrance and Not Not Not To be evaluated and prioritized for possible Meridian Rd Pedestrian Cros Page 258 23 27 Meridian,north of Ustick Sundance Subdivision micro path. Programmed Programmed Programmed inclusion into future IFYWP updates. Entrance/Sundance Sub Mi Install an enhanced pedestrian crossing of Locust Item#17. 9 Locust Grove Rd and Time Zone Dr Pedestrian Crossing Grove Rd at Time Zone Dr. 2019 2020-2021 2022 Project to be built in 2022. Locust Grove Rd,Victory Rd/Overland Rd Pedestrian signal on Ustick Road at Bridgetower Not Not Not To be evaluated and prioritized for possible Ustick Rd and Towerbridge Way Pedestrian 25 35 Bridgetower Pedestrian Signal (Towerbridge?)Drive. Programmed Programmed Programmed inclusion into future IFYWP updates. Crossing Install Level 1 bike facilities along the Black Cat- 26 NEW Black Cat-Ten Mile Bikeway,Cherry Lane/Ustick Road Ten Mike Bikeway Install Level 1 bike facilities along the Central Meridian Bikeway from Blue Heron Street to 27 NEW Central Meridian Bikeway,Blue Heron Street/Chinden Boulevard Chinden Boulevard Install Level 1 and Level 3 bike facilities along the Chinden-McMillan Bikeway from Ten Mile Road 28 NEW Chinden-McMillan Bikeway,Ten Mile Road/Sedona Drive to Sedona Drive 29 NEW Gondola-Malta Bikeway,Black Cat Road/Goddard Creek Way Install Level 1 and Level 3 bike facilities 30 NEW Granger Avenue Bikeway,Records Avenue/Cloverdale Road Install Level 1 bike facilities 31 NEW Linder Road,Maple Avenue/Cherry Lane Install Level 3 bike facilities 32 NEW Linder-Meridian Bikeway,Cherry Lane/Chinden Boulevard Install Level 1 and Level 3 bike facilities Connect gap from existing sidewalk on west side of Locust Grove Road, along with improving 33 NEW 1 Locust Grove Road,Leighfield Drive to Star Lane narrow sidewalk on east side of roadway 34 NEW Locust Grove-Eagle Bikeway,Pine Avenue/McMillan Road Install Level 1 and Level 3 bike facilities Install an enhanced crossing(pedestrian hybrid beacon)on Locust Grove Road at Heritage Park Street,access for Meridian Technical Charter High 35 NEW Locust Grove Road and Heritage Park Street School Install sidewalks on the east side of Locust Grove M NEW Locust Grove Rd,Paradise Ln/Grand Canyon Dr Rd to connect with an existing path to the school. 37 NEW McMillan-Ustick Bikeway,Cool River Avenue/Eagle Road Install Level 1 bike facilities Install Level 2 bike facilities with construction of 38 NEW Records Avenue,Florence Drive/Fairview Avenue improved roadway Install Level 1 bike facilities along the Records Way Bikeway from Pine Avenue to Florence Drive, Level 2 bike facilities from to Ustick Road to Baldcypress Street,and Level 1 bike facilities from 39 NEW Records Way Bikeway,Pine Avenue/Fernside Drive Baldcypress Street to Wainwright Drive Install signing and pavement marking to existing 40 NEW Ten Mile-Linder Bikeway,Linder Road/Chinden Boulevard Level 1 and Level 3 bike facilities 41 NEW Ustick-Cherry Bikeway,Black Cat Road/Chateau Drive Install Level 1 bike facilities Install an enhanced crossing(pedestrian hybrid 42 NEW Ustick Road and Venable Lane beacon) Install an enhanced pedestrian crossing and curb Not Not Not �To be evaluated and prioritized for possible McMillan Rd and Palantine Way Pedestrian 43 10 McMillan Rd and Palantine Way Pedestrian Crossing ramps on McMillan Rd at Palantine Way. Programmed Programmed Programmed inclusion into future IFYWP updates. Crossing Not Not Not ACHD to prioritize and scope arterial crossings 44 11 Meridian Rail-with-Trail Multi-use pathway along rail road tracks. Programmed Programmed Programmed when City moves pathway project forward. Meridian Rail-with-Trail Install an enhanced pedestrian crossing of Locust Locust Grove Rd and Woodbridge Dr Pedestrian 45 12 Locust Grove Rd and Woodbridge Dr Pedestrian Crossing Grove Rd at Woodbridge Dr or Watertower St. 2023 2023 2024 Project to be built in 2024. Crossing Complete sidewalks on Eagle Rd,between River Not Not Not 46 13 Eagle Rd,River Valley St/Ustick Rd Valley Stand Ustick Rd. Programmed Programmed Programmed ITD facility.ACHD to share request with ITD. Eagle Rd,River Valley St/Ustick Rd Evaluation completed fall 2016 shows existing Pedestrian crossing near Meridian Elementary Not Not Not crossing meet needs of current users. ACHD to 47 19 Washington Stand W 1st St Pedestrian Crossing School. Programmed Programmed Programmed reevaluate as conditions change. Washington St and 01st St Pedestrian Crossing Install an enhanced pedestrian crossing on 8th St Enhanced School Crossings-Meridian Middle 48 26 W 08th St and Meridian Middle School Pedestrian Crossing at Meridian Middle School. 2020 2020 2021 Project to be built in 2021. School and Capital High School Complete sidewalks on Chinden Blvd,east of Ten Not Not Not 49 28 Chinden Blvd,east of Ten Mile Rd Mile Rd. Programmed Programmed Programmed ITD facility.ACHD to share request with ITD. Chinden Blvd,E/0 Ten Mile Study the connectivity and bikeability of the Not Not Not ACHD to evaluate as part of future budgeting ��E�J 50 31 Woodbridge Neighborhood Bike Study Woodbridge neighborhood. Programmed Programmed Programmed efforts. Woodbridge Neighborhood ACHD Traffic Engineering does not recommend Item#17. Install a painted crosswalk on Watertower St at Not Not Not installation. Crossing activity is caused by parent Watertower St and Rebound School Pedestrian 2 Watertower St at Rebound School Rebound School. Programmed Programmed Programmed drop off. Crossing Not Not Not ACHD Traffic believes current signage is 52 33 Linder Rd,Chateau Dr/Barbara Morgan STEM Way finding signage on Linder. Programmed Programmed Programmed adequate. No additional signage recommended. Linder Rd,Chateau Dr/Barber Morgan STEM Not Not Not To be evaluated and prioritized for possible 53 34 St.Ignatius School Pedestrian Signal Pedestrian signal on Meridian Road at Producer. IlProgrammed Programmed I Programmed inclusion into future IFYWP updates. Meridian Rd and Producer Dr Pedestrian Crossing Pedestrian connection (sidewalk) between Barbara Drive in Fairview Terrace Park to E. Willowbrook Drive and Chief Joseph Elementary Not Not Not ACHD to support City led effort. Coonection 54 36 Fairview Terrace to Chief Joseph on Chateau Drive. Programmed Programmed Programmed would be located on private property. Barbara Dr Pedestrian Connection Complete sidewalk on both sides of West 02nd, between the Union Pacific Railroad and Broadway Not Not Not Sidewalk Scoped "No Go" in 2015. Agencies to 55 38 West 02nd St,UPRR/Broadway Ave Ave to address parking concerns in this area. Programmed Programmed Programmed coordinate if other solutions identified. West 02nd,UPRR/Broadway Ave Scoped"Go-Defer"in 2015. Sidewalk exists on Sidewalk on the west side of Kentucky Ridge Way, Not Not Not the east side. ACHD to reevaluate if existing 56 40 Kentucky Ridge Way,Riodosa or/Victory Rd between Victory and Riodosa. Programmed Programmed Programmed sidewalk does not meet needs in area. Kentucky Way,Riodosa Dr/Victory Rd Scoped "No Go" in 2015. This section has Sidewalk repair.Requested by land owner in this Not Not Not connectivity already on the south side and the 57 41 State Ave,East 2nd St/Cathy Ln area. Programmed Programmed Programmed loriginal requestor no longer owns the property. State Ave,2nd St/Cathy Ln Scoped"No Go"in 2018 as issues are caused by Install a painted crosswalk on Nola Rd at Not Not Not drop-off activities.Encourage school to work with Nola Rd and Crossroads Middle School Pedestrian 58 42 Nola Rd and Crossroads Middle School Pedestrian Crossing Crossroads Middle School. Programmed Programmed Programmed parents. Crossing Construct sidewalk on the east side of Nola Rd Not Not Not Scoped"No Go"in 2018.Sidewalk on east side to 59 43 Nola Rd,south of Pine Ave Middle School from Pine Ave to Crossroads. Programmed Programmed Programmed be built through development. Nola Rd,Pine Ave/Crossroads Middle School Install sidewalk on the west side of McDermott Road connecting to sidewalk on Ustick Road and McMillan Road for connectivity to Owyhee High i60 NEW McDermott Road,Ustick Road to McMillan Road School Lm� Removed RequestsMiff Asphalt pathway with extruded curb exists on Asphalt path on the east side of Locust Grove Rd the east side of Locust Grove Rd. Project Completed 39 Locust Grove Rd,Paradise Ln/Grand Canyon or to connect with an existing path to the school. Completed Completed Completed completed in 2010. Locust Grove Rd,Paradise Ln Grand Canyon Dr Scoped "Go - Defer" in 2017 due to low Not Not Not pedestrian volumes. ACHD to reevaluate as Amity Rd and Mary McPherson Elementary School Duplicate 17 Amity and Mary McPherson Elementary School Pedestrian Signal Signalized pedestrian crossing. Programmed Programmed Programmed conditions change in the area. Pedestrian Crossing Project added to IFYWP for discussion purposes. ACHD to coordinate with ITD on request. Project Complete sidewalks the west side on Linder Rd, to move forward when funding partnership is Duplicate 22 1 Linder Rd,1-84/Franklin Rd between 1-84 and Franklin Rd. Future Future Future possible. Linder Rd,Overland Rd/Franklin Rd Page 260 Item#17. Roadway & Intersection Priorities Legend 0 0.5 1 1.5 2 2.5 3 0 Miles • Intersection Priorities ■ Roadway Priorities ; The information shown on this map is compiled from various sources ^16 ,, and is subject to constant revision.The City of Meridian makes no Area of Impact R - warranty or guarantee as to the content, accuracy, timeliness, or �►�` completeness of any of the data provided, and assumes no legal -•-- Future Roads , responsibility for the information contained on this map. 06w 11i�1 J i 55 - r , o ■ gal + = f PE Jim ' LLJ -f 7. . 4 - ® m Ell i` IL E IDIAN�-- Print Date: 12/29/2020 Page 261 Item#17. Community Program Priorities Legend 0 0.5 1 1.5 2 0 Miles Area of Impact Future Roads s•� ' Community Programs _ r ! iyllr .�. e• n 26 I Eel 55 r }�i ��, , ♦ wuL7`JJJ y r ♦ 41 PC Al ,� # +'•� 55 4 Y: 0 ' I f FIL The information shown on this map is compiled from various sources and is subject to constant revision. The City of Meridian makes no Geo�Ly,�, Ear+h,' •� warranty or guarantee as to the content, accuracy, timeliness, or ai, completeness of any of the data provided, and assumes no legal ' responsibility for the information contained on this map. E IDIAN:--- Print Date: 12/30/2020 Page 262 Item#". Draft Existing PM Peak Hour LOS Map December 2020 N 0 W. E m S DRY CREEK RD O � BEACON LIGHT RD =NEW �� F HOPE RD O FLOATING FEATHER RD STATE ST G`��O m .`��� ✓F�� STATE ST � z O Z � a U)i w o PAP c O Q CHINDEN BLVD —� C 0 O\G R��T �Z5 w HINOF w � � S� /V a o c9 �e�VD y�<! � � FLES��v Z w MCMILLAN RD O U 8F0Cb c v0 O USTICK RD 0 rnLU �J J Y O (D 00 CHERRY LN FAIRVIEW AVE U O O r 00 PINE AVE EMERALD,ST /� SpR//V, wo FRANK LIN RD o 10, F �RMSo FRO,yT ��VF J eoi— G ST J� 0 o w w �� S O O Y J � 'OVER RD O OU�= Q f}qLF F v Q K w K ~ —o Boise Downtown m J a > w FOF�I J > o AMITY RD Q " `GG9Y w U w o LAKE HAZEL RD GoWFN A J K RD d w a o G) O ? W COLUMBIA RD ZHUBBARD RD U) �p G O I T DEER FLAT RD FNM�<�cR Rp KUNA RD Legend IN RD Level of Service - Intersection o • C or Better w O D KUNA MORA RD O E o � z • F wLevel of Service - Roadway a a D or better E F Page 263